Industrial Rounds
ACCC Fines MUA
The Maritime Union is considering appealing a court decision which found the union in breach of section 60 of the Trade Practices Act.
The Federal Court on November 7 ordered the MUA to pay $150,000 in penalties and $60,000 in costs for 'unlawful boycotts, coercion and harassment' after it picketed three ships and delayed their departures in 1997.
The case, brought by the ACCC, related to bulk carriers leaving port without their holds being cleaned by union labour.
The competition commission alleged that by engaging in the pickets the MUA and three officers - SA secretary Rick Newlyn, then national organiser (now deputy secretary) Mick O'Leary and Northern NSW branch secretary Jim Boyle - had breached s60 and/or s45DB of the Trade Practices Act.
While the MUA accepted it had boycotted the vessels, it has denied all allegations of harassment and coercion. Justice Donald Hill found that the MUA and Newlyn had contravened s60, but dismissed charges against O'Leary.
"This work has always been done by these workers and is consistent with ACTU and ITF policy," said National Secretary Paddy Crumlin. "Industrial action was taken in support of these workers in protection of our right to clean ships hatches in Australian territorial waters. This was the basis of the prosecution. It is an anti-worker act."
The union also argues that allowing crew to clean holds in the harbour or at sea is potentially damaging to the marine environment, a stance that has the backing of environmental groups.
In response to the orders Council decided to put in place a special Levy, providing a legal fund to combat the ACCC action.
As part of the orders the court has imposed a permanent injunction restraining the MUA from taking action against hold cleaning by visiting crew and requires publication of the following notice:
"Claims for Hold Cleaning and breaches of the Trade Practices Act, 1974.
Orders have been made by the Federal Court which include declarations that the Maritime Union of Australia has contravened the Trade Practices Act 1974 by:'
• substantially hindering the movement of vessels involved in the movement of goods between Australia and places outside Australia; and
• using undue harassment or coercion in connection with the supply or possible supply of hold cleaning services to ship owners, ship charterers or their servants or agents.
Importantly, an undertaking has been given by the Maritime Union of Australia that prevent its officers employees and members from taking action which would have the effect of substantially hindering the movement of a vessel for any reason related to the cleaning of the hold of a vessel. A similar undertaking has been given by Derrick Newlyn, Michael O'Leary and James Boyle.
The Orders also restrain the Maritime Union of Australia and its officers, employees and members from using undue harassment or coercion to require ship owners, ship charterers or their servants or agents to obtain hold cleaning services.
Officers, employees and members of the Maritime Union of Australia should carefully note the terms of the Orders which are enclosed.
Any breach of the orders or undertakings by an officer, employee or member will be regarded as a very serious matter by the Australian Competition and Consumer Commission and the Maritime Union of Australia and may lead to penalties being imposed on individuals as well as the Maritime Union of Australia."
Grain Terminal Seeks to Take over Stevedoring
Cooperative Bulk Handling (CBH) is seeking to take over stevedoring operations from West Australian Grain Stevedores, a joint venture between Patrick and Western Stevedores in Kwinana, WA and other enterprises by 2002. No assurances have been provided that MUA labour would keep the work of grain loading.
Branch secretary Terry Buck reports the union has already notified management of its claim on the work but CBH has also been holding talks with the AWU. An enterprise agreement was completed at the terminal recently, but the issue of CBH having the right to the ship operations similar to Newcastle Grain Terminal remains open.
Meanwhile the union has completed eba talks with SA grain operator Ausbulk in Adelaide, after the company took over operations from P&O earlier this year.
New Jobs at Hobart Ports Corp
Hobart Ports Corporation has won the tender to stevedore Pasminco vessels at Risdon about two kilometres up river from the port. This work was previously performed by non-MUA 'facility' labour. MUA labour employed by the port authority will now be utilised for the work, meaning an increase in permanent labour and more guaranteed wage jobs.
Branch secretary Mick Wickham reports that five new permanent jobs will be supplemented by some 20 new casuals currently undergoing training. This has opened the way for recruitment of another five permanent workers in Hobart to replace those relocating to the new job -- four tradesmen and one apprentice.
"It's the first time in eight years we've seen job creation instead of redundancies," said Wickham. "It certainly consolidates our role in Hobart and it expands our coverage to an area we've never been and never been wanted. We're hoping this will expand our work into Toll and other areas. It's also the first time we've been able to offer casuals guaranteed wage jobs."
Wharfie Delegates Meet Prior to P&O EBA
Members at P&O wharves will be electing delegates to a conference early next year in preparation for the next round of enterprise bargaining.
Deputy National Secretary Mick O'Leary and Assistant National Secretary Jim Tannock report that the current enterprise agreements start expiring in June, 2002.
The delegates' conference will be scheduled before the start of negotiations to set the agenda for the new EBAs, with rank and file representation voted from the floor to be part of the national negotiating team.
This follows the successful Patrick model, which involved rank and file delegates for the conference of which 50 took part in on-going negotiations, sitting alongside branch and national officials during face to face talks with company executives.
As with the Patrick negotiations, the priority issue is to increase permanent jobs and reduce casualisation on the wharves.
Meanwhile, Council resolved in October to survey Patrick membership to assess members satisfaction with the union initiative of involving delegates in the last EBA which was implemented in September. Despite broad based rank and file involvement at all times during the negotiations, members failed to overwhelmingly endorse the agreement when it was put to stopwork meetings.
New Technology Sheds Jobs
NEWCASTLE: Port Waratah Coal Services has signalled big job losses with the introduction of new technology on completion of the current enterprise agreement.
The Maritime Union is one of seven unions in the single bargaining unit, making negotiations difficult.
BHP Withdraws from Stevedoring
BHP Billiton has announced it is contracting out all its stevedoring operations in Australia and New Zealand in the first quarter of 2002.
Some 232 MUA stevedoring members will be affected in four ports - Whyalla, Bell Bay, Westernport and Port Kembla.
"The key issue for the MUA is protecting members' entitlements," said Deputy National Secretary Mick O'Leary. "And that includes super, industry start dates and security of employment."
O'Leary reports that all major Australian Stevedoring companies have tendered for the work as well as international operators.
National Council resolved that the MUA would work jointly with the New Zealand Waterside Workers' Union as BHP is seeking a single operator for both its Australian and NZ operations.
Meanwhile after months of arduous and robust negotiations the union has reached agreement with BHP Billiton for the transfer of MUA members to Teekay Shipping. Maritime unions secured three 4 per cent wage increases, plus a movement of $2500 to cover a claim for medical insurance. But the company failed to deliver training and recruitment. Vessels have been notified and furnished with relevant documentation before the EBA goes to the membership vote.
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