Triton 11

Australian seafarers' border battle

"We got sacked the other day by Gardline and Teekay. Gardline mainly. They were the mob employing us," IR Mark Wheatley told the world on YouTube.

It was Australia Day January 26 when the crew on board the Australian customs vessel Triton that patrols our northern waters heard the news.

"Once we were at sea they told us," said crewmate Barry Clapson. "As soon as we tied up we all sat down and said 'no way'. We are all members of the union. No one else on board this ship has been sacked. All the Gardline employees continue on. They're all on their own AWAs except us. That's basically why they are going to get rid of us."

The Maritime Union of Australia crew - list all names - had worked the vessel as casuals for the past 12 months under a labour supply contract between Gardline and Teekay. They expected to be engaged permanently when the three-year agreement was awarded to Gardline. Instead the company terminated its labour supply agreement.

When the Customs services were contracted out to Gardline under the Howard Government, the company moved to install a new crew under the old Howard Government legislation still in force. Non-union crew - perhaps even foreign seafarers, on individual or other non union agreements - were set to take over Australia's sensitive border security work.

"Maybe we should take a decision on this," Mark said to the crew assembled in the mess room. "Show these people we are determined to keep our jobs. Australian ships working the Australian coastline for border protection. Border security. It's our job."

The crew re-enacted the meeting and the vote for the camera while the dispute was in progress on board the vessel at the Forthill Wharf, Darwin:

"We've obviously been sacked because we're union," said Barry. "The union negotiated a very good enterprise agreement with the company. What the company is offering these people, these foreign nationals, who are on board at the moment, (is) a very big pay cut, a big reduction in leave."

"We should put it to the floor," said Mark. "What sort of action should we take? If we leave the ship we've got nothing; we can't bargain, we can't get any exposure."

"I reckon we should sit in," said Barry.

"If we walk off this ship and leave the ship unattended... in the middle of the cyclone season, with no fire fighting system on board, we'd be leaving this ship in a dangerous situation," said Mark. "That's one reason I think we shouldn't leave until we get some resolution on what's going on."

"It's underhanded," he said. "What they are trying to do. We've got a good relationship with the customs service from top to bottom. Everyone's behind us - 100 per cent behind us."

The crew then put the motion that they sit in. They would inform the captain and the company that they were prepared to sit there until they were reinstated and their comrades on the other swing were reinstated as well.

"Our cause is to keep this ship on the coast with Australian seafarers and no scabs," said Mark. "We're here to stay. MUA here to stay. We're going to show our solidarity."

So began a 7-day saga played out on the ship, in the media, on the internet and behind the scenes.

MUA National Secretary Paddy Crumlin and Assistant National Secretary Mick Doleman including Customs Minister Bob Debus outlining the nature of the dispute and the outrageous behaviour of the company in charge of the nation's border security replacing a highly skilled and permanently employed security screened crew, with non-union, unknown seafarers on an armed customs vessel in charge of the nation's border security.

"These 11 men have the highest seafaring qualifications, most stringent security clearance under Australian Government law and close to 100 years of experience at sea between them," said Mick Doleman.

"More than a decade of neglect by the Howard Government opened the door for Gardline to sack and replace its Australian unionised workforce. This dispute is not just about 11 blokes on a ship in Darwin - Australia's national security is at stake."

"Mr Debus was sympathetic to the 20 crew members who will lose their jobs but said there was little he could do under this contract signed by the previous Federal Government," said Mick Doleman. "These blokes have lost everything."

After a meeting at the national office between the National Secretary, Assistant National Secretary and other national officers, Warren Smith, MUA Sydney Branch Secretary who had been negotiating the renewal of the agreement on the Triton with Gardline, flew to Darwin to work with Mick Killick and other local unionists and supporters outside the gates.

Triton 11 Speak out

Five days into the sit-in, the crew members, known as the Triton 11, laid their cards on the table.

"We the crew of the RV Triton would like to put on record our disappointment at Gardline for sacking us because we are members of a union," the crew statement of January 31 read.

"They have used WorkChoices to undermine the wages and conditions of Australian workers, even after the Australian people overwhelmingly rejected the anti-union laws and dumped the Howard Government from office on the strength of fighting for our rights at work.

"MUA crew members have over 100 years of combined experience on this vessel and our work and performance on the Triton has been above reproach. Australian seafarers are the most highly trained and qualified seafarers in the world. We are proud of our contribution in making this operation a success...

"We are determined to stay on this vessel as long as it takes until we get our jobs back."

The crew then undertook to get the ship working if the company agreed to give them their jobs back, a union collective agreement and an iron-clad commitment they would not be replaced while overseas.

They signed off with a thank you to their families and the community for "their love and support in this difficult time."

Solidarity

Letters of solidarity began flooding the union rooms (see overleaf).

"Comrades, MUA members aboard the FSO Karratha Spirit offer you our 100 per cent support in your battle," wrote delegates Vin Brauer and Peter Dux.

"Your fight is our fight," wrote MUA members on board the MC Pioneer.

"We applaud your stance and commend you for your strength," wrote Bob Lee (Chairperson) and Mich-Elle Myers (Deputy Chairperson) Patrick Port Botany Site Committee.

"Hang in there, you are heroes and are showing the rest of the country what solidarity and mateship is all about," wrote Rhonda Deakin.

"I am proud of you people! Thank you for being brave enough to fight company bullyboys! Your fight is the fight of the majority of workers in Australia today," one YouTube viewer wrote.

"You go boys, stick together, what a dirty trick to play on all of you and what a COWARDS WAY TO GET RID OF YOU. Show that damn lot that Aussie guys have guts and stickability!!!" wrote another.

The Battle

"The key messages are clear," said MUA National Secretary Paddy Crumlin. "Border security, WorkChoices, civil and constitutional rights, courageous and professional workers prepared to lay their lives in a danger zone thrown on the scrap heap by an foreign company, seeking to operate the vessel under reduced conditions set by a disgraced and discarded government."

He sent a circular to all branches: "Dear Comrades, The vessel is in Darwin and the crew has been dismissed," the national secretary wrote. "They have decided not to leave the vessel as they believe their civil and constitutional rights have been violated. MUA officials are there and a community picket is in place with strong support. I have contacted the ITF and a number of ITF affiliates, including Nautilus, the UK officer's union. They all support the crew's right to retain their jobs and have contacted the company indicating this and their preparedness to support an international campaign. We have met with Bob Debus Minister for Customs who is investigating the circumstances of the awarding of the contract by the Howard Government."

The national secretary also reported to branches and councillors that national officers had contacted the ministers for immigration and national security to seek clarification on whether the Howard Government's policy of shortcuts on visas and security screening had been applied in this instance.

"The crew is in good spirits and determined to highlight the outrageous nature of the company's actions," he said. "We don't know who the replacement crew is but it's clear at least some of them are foreign nationals, which seems like a bad joke on an Australian border security vessel.

"What a bunch of tossers they must be," said Paddy Crumlin. "The story is gathering great national and international attention. We have told the company their actions are not only inexcusable, but given the fact that WorkChoices was opposed by the Rudd Government, their course of action will both bring the company into national and international disrepute and work against their commercial reputation and future in this country."

Ignoring the warning Gardline got tough on January 31, serving unlawful occupation letters on all crew members.

International action

Meanwhile in London Nautilus UK and the ITF were urging the British shipping company Gardline to negotiate. The union warned against drawing British seafarers into the dispute by seeking to use them in place of the Australian crew.

Assistant Nautilus general secretary Mark Dickinson said Gardline's action had met with 'furious disbelief'. He pointed out that there had been no proper negotiations over the new agreement, which would provide for a five-year wage freeze and a 30 per cent reduction in leave.

Mark Dickinson wrote to Gardline urging it to enter into constructive discussions.

"I believe there should be some movement on the company's side to signal a willingness to negotiate with the Australian unions," he said, "with the aim of securing an outcome acceptable to all concerned."

Nautilus UK was also urging its members serving with Gardline to abide by the union's standing policy and not carry out any duty that is normally carried out by members of the strikers' union or take any action that would tend to exacerbate the situation, so making a solution of the problem more difficult. ITF maritime coordinator Steve Cotton had also been in contact with ITF affiliates with members employed with Gardline.

Norwegian maritime unions then issued a strong warning to Gardline. In a letter to the company on behalf of the Norwegian maritime unions Nils Pedersen ITFC warned of boycott action if negotiations failed.

"We have been aware that the company is in dispute with our Australian brothers in respect of the company trying to replace the Australian seafarers working onboard company's vessels at the Australian coast," he said. "With reference to our previous talks in regard to the negotiations that are taking place to cover your vessels with ITF approved agreements we strongly recommend you not to take any steps that will interfere in completing these agreements.

"The Norwegian maritime unions remind you of our standing Warning of Boycott from September 07 which will be effectuated against the Sea Explorer in Norwegian waters if the negotiations fail."

On February 1 Maritime Union of New Zealand Seafarers' Secretary Joe Fleetwood and National Vice President Gary Parsloe flew into Darwin to join the community assembly.

"It's very important we're here supporting our comrades on the other side," said Joe. "It was not that long ago, we had 85 jobs under the pump in Napier and our Australian comrades helped us get the international support we needed to win."

Joe highlighted the long history of transTasman solidarity between both unions.

"It's touch one, touch all," he said. "We'll always support each other. This is big. It's a fight that had to be had and must be won. I want everyone to know that MUNZ strongly supports our comrades in Australia and we will do whatever it takes for you to win this dispute."

The MUNZ delegation followed letters of support from the General Secretary Trevor Hanson earlier in the week which read (in part) as follows:

"Contracting out experienced labour is becoming the employer's latest tool against organised labour," he wrote. "It is only six weeks ago here in NZ at the port of Napier that the Port Company attempted to contract all the container loading and unloading to a non-union cheaper stevedore. Contracting out is an insidious action that must be fought and won. We are sure your current firm stand will ensure that you do."

Morale was high on board the customs ship.

"We know everyone is behind us," said IR and crew spokesperson Mark Wheatley. "We've got a lot of support. Everyone releases that. We want to express our gratitude to everyone around the coast - all the boys, all the ships, all the families who've sent in message and emails. We want you to know that as long as you are behind us we are not going anywhere."

Barry Clapson, IR said the number of emails the crew was getting from other ships alone has kept them going.

"It's been great. We've had so much support. The boys are terrific. Thanks. It means a lot to everyone on board. And the information and the feedback from officials and branches have been terrific as well."

"We're here to stay until this is resolved," said Mark. "We've got no plans of going anywhere."

That same day Gardline's top executives flew to Australia to meet with the Maritime Union officials. The Sydney crisis talks came as the Triton 11 blockade reached its seventh day.

"The Maritime Union of Australia wants to resolve this dispute and get these blokes back to work in secure employment, protecting our Australian borders," said Paddy Crumlin in a media interview. "The Triton 11 seem resolute and whilst the MUA has no control over the actions of the crew we understand that they are determined to remain onboard until the company comes to its senses. Our hope is that the Triton 11 can soon be reunited with their friends and families."

The intense two-day talks were led by MUA Assistant National Secretary Mick Doleman. Negotiations went into the evening, also continuing on Saturday when an agreement was finally brokered.

Victory

That evening Mick Doleman flew to Darwin ahead of a meeting with the crew on the Sunday morning to recommend they endorse the terms of the settlement.

The vote was unanimous. Under the agreement, the MUA was successful in securing the jobs of MUA members under their existing agreement aboard the Triton with Gardline. The workers were re-employed with a pay rise.

"Through the combination and the determination of the crew and MUA officials and members generally, the support of the community picket line, Australian trade union movement and federal government, and the hard work of the ITF and Nautilus in particular the MUA delivered a remarkable achievement," said Paddy Crumlin.

"Our officials with broad national and international support were in the front line of a dispute that has delivered back to all Maritime Union in Australia the right to collectively bargain," said Mick Doleman.

"Comrades," wrote Warren Smith who represented the MUA in the EBA negotiations with all three maritime unions. "It is pleasing to report the in-principle finalisation of the negotiations. We have successfully been able to improve the position of all members on board the Triton. We have established a fleet wide union collective agreement, which refers to the vessels, Ashmore Guardian and the Oceaneer as well as the Triton.

"We have preservation of all our conditions of work plus significant pay rises for the Oceaneer and Ashmore Guardian," he said. "These are fantastic outcomes."

Under the new EBA Triton workers have been engaged as permanent Gardline employees and received a 14.5 per cent wage rise over there years as well as an extra $20 per day armed vessel allowance. The off swing crew went on the payroll for the entire swing on dead days until they were engaged on the vessel on its return from dry-dock. A comprehensive dry-dock agreement was also entered into. All litigation was dropped.

The victory was announced to the world on YouTube.

"Well done comrades. This brings a tear to my eye," wrote one viewer. "We could not be more proud."

"Just goes to show what workers can do when they're united," wrote another. "Congratulations to all! Gives heart to all workers who are fighting injustice/s. Well done!"

"Gr8 victory boys!!!! This is the beginning of a new era, where workers DO count!!! We are proud of you."

During the EBA talks Warren Smith told the Gardline trump he obviously underestimated Australian unions and their culture, the political environment and our international links.

He had obviously not counted on the federal election outcome.

Fortunately through both the determination of the MUA crew and his willingness to secure a possible long term future for the vessel, with Customs, agreement was able to be reached to the satisfaction of both parties. Hopefully an optimistic sign of things to come under a changed industrial relations environment.

Unscrupulous

Comrades, MUA members aboard the FSO Karratha Spirit offer you our 100 per cent support in your struggle to have your positions on the Triton restored.

The first issue is the right of Australian seafarers to be employed on a vessel - which operates at the expense of the Australian taxpayer - as a marine crew and undertake the relevant tasks for which we are highly trained and extremely competent to perform. This claim is further backed by the fact that this vessel performs operations in the territorial waters of Australia for the benefit of our nation's people, to protect our borders and marine resources and ensure the integrity of our maritime jurisdictions.

The absolute disregard that a foreign entity, in this case Gardline, has for the rights of Australian workers is comparable to that of Patricks in the waterfront dispute.

Actions by employers, whether foreign or local, aimed mainly at undermining the standard of conditions that rank and file workers have fought so hard to obtain will not be tolerated, especially by members of an organisation such as the MUA with a proud and productive history.

Not only do Gardline's actions expose the unscrupulous way in which these corporate mercenaries operate, they also highlight the unwillingness of the previous conservative Federal Government to take seriously the issue of securing this nation's maritime boundaries and natural marine resources.

For if Howard et al did place a higher priority on these issues then we would not be in a position where the Australian people rely on the leasing of a foreign vessel from a foreign entity to undertake what is primarily a national security operation. In conclusion comrades we offer you not only our moral, spiritual and financial support but also our wholehearted belief that you can win this fight. It is not the first time and it will not be the last that we will all face those who despise an organised workforce and who dream of nothing else except the beautiful money.

In Unity and on behalf of MUA members Karratha Spirit

Delegates Vin Brauer & Peter Dux

LETTERS OF SOLIDARITY

Making a Stand

From the crew of the Pacific Wrestler, please pass on our support to the crew of the Triton for making a stand against Gardline International and refusing to leave the vessel. Please don't hesitate to contact the vessel if any financial support is required.

Yours in unity

The crew Pacific Wrestler

Solidarity

We the crew of the Northwest Sandpiper wish to endorse your actions by sitting in on the Triton and hope that you have a successful outcome to this dispute. We offer you our solidarity and support you fully.

Yours in unity

Crew Northwest Sandpiper

Condemnation

We the MUA members onboard the MV Pioneer condemn in the strongest terms Gardline's decision to terminate your employment on board the Triton in favour of non-union low paid labour. We pledge any moral and financial assistance needed and are with you all the way. Your fight is our fight.

MUA members MV Pioneer

Stance Applauded

This is a message of solidarity and support. We applaud your stance and commend you for your strength. Please know that all the members at Patrick Port Botany are behind you 100 per cent in this struggle. Now is the time for the new government to make a stand regarding Australian shipping. The elimination of our shipping fleets and the destruction of our seafarers' livelihoods have gone on long enough.

In unity

Bob Lee (Chairperson)

Mich-Elle Myers (Deputy Chairperson)

Patrick Port Botany Site Committee

Valiant Stance

We the MUA members aboard the FPSO Jabiru Venture offer our total support in your valiant stance to maintain your positions onboard the Triton. We have moved $1000 from our rolling fund to be forwarded to you as soon as possible. Do not hesitate to ask us for any further assistance that you may require, for your battle is our battle.

Yours in victory and solidarity

MUA members FPSO Jabiru Venture

Inspiring struggle

Dear comrades,

The Socialist Alliance sends you our solidarity in your inspiring struggle to defend union jobs and conditions against the attempt of a ruthless boss to sack you and replace you with non-union labour.

Your strong and principled stand against the attempt of Gardline to break down seafarers' hard-won wages and conditions is an inspiration to all working people fighting for their rights at work, including the right to belong to a union.

The Rudd Labor government must immediately inform Gardline that it will cancel all contracts with the company if it does not immediately reinstate you, compensating you for time lost, and guarantee your security of employment as union members.

Promises by Bob Debus and the Workplace Ombudsman to ask Gardline to "negotiate" are simply not enough. Workers' basic rights are not for negotiation - only your full re-instatement on a union agreement will do.

Your struggle is a major test for the new Labor government. While coming to power promising to "tear-up" Work Choices, the government intends to keep many of the restrictions and penalties against unions that were included in Howard's hated law.

Your struggle shows that workers cannot expect justice unless and until they take matters into their own hands.

All members of Socialist Alliance stand with you in this struggle. As long as your fight continues we will work to build solidarity with you. We wish you the entire best, confidant that victory will be the reward of your resolute and principled action.

Victory to the Triton 11!

MUA! Here to stay!

Yours in solidarity

Dick Nichols, National Coordinator, Socialist Alliance

Sue Bolton, National Trade Union Coordinator, Socialist Alliance

Abhorrent actions

On behalf of the Deakin family I am writing to offer our support to the members of the Maritime Union on board the Triton tied up in Darwin harbour.

Companies such as Gardline need to learn that as of November last year the Australian people voted comprehensively to rid ourselves of such abhorrent actions not only allowed but encouraged by the Howard government.

We did not allow the bullying tactics of Chris Corrigan and Peter Reith in the Patrick's dispute to go unchecked and we won't let Gardline get away with it now. Hopefully things will change on the industrial relations front in this country in the very near future, but regardless, we will be sending Gardline and any other bullyboy company a clear message that they can't stand over Australian workers just trying to do their jobs.

So, to the men on board the Triton, hang in there, you are heroes and are showing the rest of the country what solidarity and mateship is all about.

Yours sincerely

Rhonda Deakin

Unscrupulous Company

Members at the South Australian monthly meeting resolved unanimously to support the MUA members on board the Triton for defiantly refusing to leave the vessel while the unscrupulous company Gardline attempts to replace Australian seafarers on a vessel with an Australian government contract with lower paid foreign workers.

This flies in the face of the role the vessel plays in Australia's border security and any attempt to replace Australian seafarers with foreign seafarers must be prevented. Your magnificent stand is right, is justified and is winnable!

The South Australian Branch and its members will keep a close watch on proceedings and commit to any ongoing support needed for you to win this dispute - not only for yourselves and your dignity but also for the defence of the Australian merchant fleet.

In Solidarity

Jamie Newlyn

South Australian Branch Secretary MUA

Vanguard

The crew of the Four Vanguard support the struggle to retain employment on the Triton and have pledged $1,000 to be sent to the Sydney branch this week. Any help the crew require will be given without hesitation.

Yours in unity

MUA Members

Four Vanguard

Underhanded

Comrades onboard the Triton we applaud your stand against Hardline and their underhanded action to sack you and replace you with a foreign crew. Your action will show that no Australian seafarer is prepared to see their job handed to inferior cheap labour as a profit making exercise. We the crew of the OMS Discovery stand with you in solidarity.

Sean Stevens

Union No. 5257

Full Support

Please pass on our full support to our fellow members on the Triton. It is a shame to all Australians when a vessel employed to protect us can be flagged out and yet again proves how fickle our pollies are. We are sure this issue will be given the highest priority by all MUA members. Australians should be aware of how they are being conned in regards to national security.

In unity

Frank Soutter for MUA members Lady Audrey

Union bashing

We the MUA members onboard RV Southern Surveyor would like to convey our best wishes to the crew on board Triton for their stance against this union bashing company, Gardline.

We fully endorse and support the actions of the crew in their endeavours to secure their right of employment to crew this vessel.

Yours in unity

Andy Goss Union No. 25044

On behalf Of MUA members RV Southern Surveyor

Congratulations

I am writing to congratulate you on the important victory you have secured for Triton 11. Members of your union deserve real praise for their resolve in winning this dispute and resisting the attempt to contract out their jobs to non union crew. In addition I know that threats were made against the 11 MUA members under the old anti union legislation. Once again congratulations on your resolve in winning this disput.

Yours Sincerely

Bob Crow

General Secretary

National Union of Rail Maritime and Transport Workers, RMT, UK

Proud crew

As a master at Sydney Ferries I would like to offer my support to the proud crew of MV Triton. Can you please pass on to them that I would be proud to sail with each of them.

MUA & crew of the Triton, here to stay!

Mark Verrills

Master MV Marjorie Jackson

Nasty event

I read in The Australian and The Courier Mail that Gwen Stefani is pregnant again, whoever Gwen Stefani may be. But I did not read in those newspapers the fact that 11 Australian seafarers have been unnecessarily sacked from their job on the Customs vessel Triton, which to me, is of far greater importance.

The British company Gardline which owns the Triton has a contract with the Australian Government's Customs Department to the middle of next year. The RV Triton is to patrol the shores of the Northern Territory looking for and apprehending illegal fishermen operating off the Australian coast.

The crew who have been sacked are all experienced seamen who know the tropical waters north of Darwin and are also experienced in handling and maintaining the ship in cyclonic conditions.

Additionally, they have all been security cleared - vital given the national security aspect of their work.

Gardline is looking to replace them with inexperienced workers who have neither expertise in such waters, nor any security clearance. The only criteria that the company is working from, is a saving of $25,000 per annum, per worker.

What should be the major concern, however, is the safety and wellbeing of the Customs men and crew operating this vessel in the waters north of Darwin.

The Australian Government has come out in strong support of the crew and the MUA, which has also backed the crew to the hilt. Gardline, however, has refused point blank to negotiate with the union representative.

Why haven't The Australian and The Courier Mail reported this nasty event

Iris Ashton and Di Holland (Unison UK)

Chris Foot (T&GWU UK)