‘Not here for a holiday’: What standards RSE workers should expect

Accommodation for seasonal rural workers should be focused on low cost, not high quality to maximise wages, according to an academic.

But a union warns that some housing is already substandard, especially with ‘barracks’-style accommodation in winter.

Police identified “unsafe and unreasonable accommodation” as one of the biggest risks in the RSE system, according to a May government briefing.

The government last month announced changes to the recognised seasonal employer (RSE) scheme, which allows short-term recruitment from Asia and the Pacific to pick crops on farms, and in orchards and vineyards.

Some ‘exemplary’ employers could have six-year accreditation periods, and staff would be able to apply for migrant exploitation visas to leave abusive employers.

Immigration minister Erica Stanford signalled accommodation proposals will be announced next month, and the appeal of an Employment Court finding of unlawful deductions from wages of RSE workers in Hawkes Bay is also expected soon.

Waikato university emeritus Professor Richard Bedford – who specialises in migration and has previously advised the government on RSE – welcomed the accreditation change.

But he said accommodation would be a harder issue to deal with.

“The worst thing from a worker’s point of view in the accommodation question is not really whether there’s a toilet for every six people, or a shower for every five, or 4.3 square metres of space, the really big issue for them is how much of my wages are going to be spent on living in New Zealand, because I’ve come here to earn money and to take the maximum amount home. I haven’t come here for a holiday.”

About 200 employers use Pacific and Asian RSE workers, a small percentage of New Zealand’s estimated 4300 fruit and vegetable growers.

Both employers and workers – who spend about seven months here at a time – want accommodation charges minimised, he said, but some of the costs are dictated by the market and peak periods for tourism.

“Building purpose-built accommodation for a workforce that is only with you for half a year or a bit over half is a real challenge,” said Bedford. “So not surprisingly, a great number of RSEs rely on third party providers to deliver the accommodation for their workers.

“If you’re using a motel or a backpackers or some entity external to you to provide accommodation, then to a large extent you’re bound very much by what you can negotiate as a deal for your workers. At the end of March, which is a really high peak time, we could have an extra 10,000 workers. Well, they’re competing for accommodation with backpackers, with Kiwis, who also want accommodation in these places.”

As well as the police warning about poor accommodation, ministers were warned it remained a key concern for the Pacific, and undermined public acceptance of RSE in New Zealand.

An International Labour Organisation (ILO) report in April highlighted blacklisting of workers who make complaints, and concerns about wage deductions.

Bedford believes most employers are compliant, but that isolated breaches dominate debate – obscuring the scheme’s wider benefits to workers, home countries, and horticulture.

“There’ll always be people on the edges that are trying to game the rules,” he said. “It’s just a bit sad sometimes that the exception that you might find out there becomes the narrative in the public discourse. And I just feel a bit sad sometimes that some of the really good practice that’s gone on, like for example the growers that build a primary school in a village or build a wharf – that doesn’t get any reference at all.”

Facilities and regulations – bunk beds, curfews, transport and toilets at home and work – needed to be pragmatic.

“An academic who’s never been involved with working with seasonal workers before might think it’s a bit rough, or, ‘I wouldn’t like to live in this space’. What isn’t resolved in the accommodation area and this is the recent thing, is what are the limits on what you can charge? And what do you have to provide?

“On the orchard, 90 percent of the workforce that comes are males. I think it’s been quite a challenge for some growers. If you drive down through Blenheim, you drive past hectares of grapes, you don’t see any buildings. Well, somebody’s got to prune those grapes. So where do those guys go to the loo? What are the facilities that are available for those men?”

Imposing expensive regulations would make the scheme unattractive, he said.

The question of what are ‘reasonable’ wage deductions is part of a long-running Hawkes Bay employment case which was won by workers, and is being appealed. The decision is expected soon, and could affect what employers or labour hire companies charge for accommodation.

Workers First union wants housing standardised and properly monitored, and clarity over the use and accreditation of labour hire companies.

General secretary Dennis Maga said accommodation standards and worksite transport were still among the biggest concerns raised by workers, as some housing still lacked heating, ventilation, or had curfews.

“Because this is no longer about money, it’s about how they are being treated as a human being. So, if the accommodation is not up to the standard, it’s also degrading for them. In fact, those Pasifica workers that we interviewed who decided not to pursue their case – something that I vividly remember when they told us about their case – is that they’re not going back to New Zealand because they are not treated as human beings.”

And he disagreed that toilets were less important down on the farm. “It’s a big deal, especially for women. It’s also discriminating, and that’s something that the government, MBIE, and owners of these farms and orchards should actually ensure that there’s proper facilities, especially for women and young women.”