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AAP
AAP
Politics
Stephanie Gardiner

Hit-run death a symbol of migrant workers' sacrifices

Assured of good conditions and a decent wage, Argen Kuni had high hopes for his family's future. (HANDOUT/KENNETH KUNI)

Argen Kuni came to Australia with "a heart full of hope", determined to earn enough money to build a new home for his wife and two sons.

The young father arrived from the Solomon Islands under the Pacific Australia Labour Mobility, or PALM, scheme in July 2021 to work at a rural meat processing plant, assured of good conditions and a decent wage.

"For Argen, this opportunity was more than just employment," his brother Kenneth Kuni tells AAP.

"It was a chance to fulfil his dream of providing a better life for his family."

With visions of a promising new chapter, Mr Kuni instead found himself cleaning out the innards of hundreds of animals every day and returning to a small room shared with three other workers at night.

He confided that he felt betrayed and was concerned for his mental and physical health as the conditions took a toll.

Argen Kuni at work
Disillusioned, Argen Kuni left his PALM placement and took up agricultural and construction work. (HANDOUT/KENNETH KUNI)

Mr Kuni left the PALM scheme and was granted a different visa in 2022, going on to work in agriculture and construction. He finally earned enough to build his family home.

But just as he was planning to return to his homeland, the 34-year-old was struck and killed by a car in a suspected hit-and-run in the NSW Riverina city of Griffith on April 28.

His body was found just after 4am, the time he usually began walking to work at a local poultry farm.

"In a conversation shortly before his death, Argen expressed his satisfaction in achieving his goal of building a home for his family and his desire to return home to reunite with them," Kenneth Kuni says, over email.

"Unfortunately, he passed away before he could fulfil that promise."

Police say Mr Kuni was found on the roadside. He'd suffered multiple injuries and could not be revived by paramedics.

Investigators have appealed to find the drivers of a light-coloured ute and dark-coloured SUV seen in the area at the time.

Mr Kuni's death highlights the risks and vulnerabilities faced by migrant workers, particularly the estimated 4800 people who absconded from the PALM scheme across Australia in the five years to mid-2023.

A NSW parliamentary inquiry examining the risks of modern slavery in rural areas has revealed mistreatment of PALM workers, who come from the Pacific to fill critical gaps in agriculture, horticulture, meat processing and aged care.

Unlike other temporary migrant workers, PALM participants cannot readily change employers under their visa conditions.

This immobility creates a dangerous power imbalance for workers, Immigration Advice and Rights Centre chief executive Joshua Strutt says.

Unscrupulous labour hire companies or employers take advantage of the restricted movement condition, with many instances of workers doing unpaid labour, having their passports confiscated or being critically injured in unsafe workplaces.

With no clear path for recourse, some feel they have no choice but to disengage from the scheme.

"They're scared for their lives, they're scared for their livelihoods," Mr Strutt, the legal centre's principal solicitor, tells AAP.

"They've come here to earn money for themselves and for their families back home and be treated with dignity and respect.

"They're not getting that treatment here in Australia."

A fruit picker harvests oranges on a farm near Leeton
PALM scheme participants cannot readily change employers under their visa conditions. (Lukas Coch/AAP PHOTOS)

Once PALM workers leave the scheme, they lose access to health insurance, accommodation and legal employment, only increasing their vulnerability and risk of exploitation.

The community of Griffith, where Mr Kuni spent his final months, has become a destination for adrift PALM participants hoping to find work in the expansive cropping and horticulture region.

Social services in the NSW town have been inundated with disengaged workers in need of support, particularly women seeking reproductive healthcare or accommodation after fleeing violent co-workers and employers.

A report by the state's anti-slavery commissioner says there are also early warning signs of small-scale organised labour trafficking in the Riverina due to the pool of undocumented and desperate workers.

"It's often local communities that have to step in and help people in this precarious situation," commissioner James Cockayne told the inquiry in April.

"It's local service providers that are dealing with the consequences of systems failure in our management of these temporary work schemes." 

The inquiry has acknowledged many PALM workers flourish in Australia, with a 2022 survey showing 98 per cent would recommend the scheme to others and 92 per cent intended participating again.

The federal government has moved to strengthen the scheme in recent years, introducing protections such as minimum hours requirements, better transparency around accommodation costs and pay parity with domestic workers.

It has also formed a task force to better prevent and respond to worker disengagement, while language, literacy and digital training has been offered to participants under a new program.

Employment and Workplace Relations Minister Amanda Rishworth says grievance mechanisms are available when there are allegations of worker exploitation.

"My heart goes out to Mr Kuni's loved ones at this difficult time,"  she says.

"The death of any PALM scheme worker is a tragedy."

Workers from Vanuatu, Kiribati, Fiji and Samoa (file)
The vast majority of PALM workers say they would recommend the scheme and participate again. (HANDOUT/UNIVERSITY OF SOUTH AUSTRALIA)

While the government's changes have been welcomed, legal and social advocates say the restrictive PALM visa conditions remain one of the biggest threats to workers' wellbeing. 

A more complex overarching issue is the way some Australians think about migrant workers, Mr Strutt says.

"We've heard reports of PALM workers and other temporary migrants being referred to as imports or goods, not as human beings.

"These are people who come to Australia to pick our fruit, butcher meat that ends up in our supermarkets and ... look after our loved ones.

"They just don't deserve to be treated as sub-human."

Federal Employment and Workplace Relations Minister Amanda Rishworth
Workplace Relations Minister Amanda Rishworth: the death of any PALM scheme worker is a tragedy. (Joel Carrett/AAP PHOTOS)

Kenneth Kuni wants to see greater mobility for PALM workers.

He hopes his brother's short life inspires change.

"His story serves as a poignant reminder of the sacrifices made by individuals seeking better opportunities abroad and the importance of ensuring fair treatment and support for all workers."

Reports of modern slavery can be made to 1800 FREEDOM (1800 37 333 66)

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