Unanimous

By Maritime Union of Australia

Workers of the World | New World Order | Home Front | CFMEU Conference | Council Resolutions | Union Finances | Legal Report | Union Growth | MUA Women | Collective Agreements | Culture & Communications | Office Restructure | Super | Talking History

Annual General Meetings of members nationwide in November endorsed the MUA financial report, national council report and resolutions -- unanimously.

At the Sydney AGM National Secretary Paddy Crumlin called for a reinvigorated membership with stronger branches and delegate structures in the face of the conservative climate generated by the newly re-elected Howard Government.

"We have to be organised," he said. "You have to go out there and fight, fight for your mates. We have to have a lot of solidarity with other unions and build a strong network of protection, nationally and internationally. This is an international attack. Companies operate internationally so we have to defend unions internationally."

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Workers of the World

The national secretary outlined the union's work on the ITF executive, the ILO, Fair Practices Committee, the IMO, Ratings Taskforce and international bargaining committee for minimum crew rates.

Paddy Crumlin is on the Management and Executive Board as well as being Vice-Chairman of the Dockers Section of the ITF and is heavily involved in the Flag of Convenience Campaign against sub-standard shipping.

"While this work requires an enormous contribution in time and travel, it is clear that continuing attacks on maritime workers are going to continue globally and there needs to be effective organisation in protection of our interests," the National Secretary said.

"If we fail to lift up the 3rd world we will become the third world. We have to effectively raise international standards. If we don't have labour collusion we will be overwhelmed. You just can't be organised without international solidarity," he said. "We need our mates in Japan, Asia, Europe and the US. We need strong links with Australian unions, we need militant women in our ranks and we need our veterans. We must not forget our history we must learn from our history. We must work with other transport unions. If we are attacked, it's going to go down the road and down the rail."

Global terminal networks are expanding rapidly with the majority of stevedoring now being done by a handful of companies, including Maersk, Hutchinson, P&O, Anglo and the Port of Singapore Authority - all working on global strategies to reduce the effectiveness of organised labour.

In response the MUA and other militant unions are leading a campaign against Ports of Convenience to gather global support against this attack. All of these stevedoring global terminal networks are either part owned or in close collaboration with the ship owners dominating the use of Flag of Convenience vessels.

The MUA's commitment to internationalism is clearly supportive of both Australian and international maritime workers.

International issues and forums in which the MUA plays a key role are the Flag of Convenience campaign, the International Bargaining Forum covering the LNG fleet, the ILO Seafarers' Bill of Rights and cabotage, stevedoring campaigns against ports of convenience, self handling of cargo, tandem lifting, security infringing on civil rights and organising against global terminal networks.

The National Secretary said rank and file participation in this international work was essential to the full understanding and support of these issues within the workplace. It was also important to continue developing strong bi-lateral relationships with progressive and militant maritime unions in other countries.

Council determined the union would continue forging strong international links by being an influential force in the ITF, developing associations with the ILWU, promoting the Trans Tasman Federation and by participating in the Mining and Maritime Conference by sending a delegation, including two rank and filers from every port.

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New World Order

Under the new world order we will continue to see the undermining of social justice and human rights in favour of free market ideals and the globalisation of corporate profit.

The National Secretary said the re-election of the Bush government was a great leap backwards in building a safer, fairer and more humane world.

Ironically Bush was re-elected on the so-called 'protection of life' anti-abortion movement, while his real agenda, demonstrated in the Middle East, showed he had little regard for life.

"The horrific slaughter in Iraq is set to escalate, again feeding the endless cycle of violence, reaction, further violence and further reaction," Paddy Crumlin said. "The ongoing crushing of the Palestinian people's right to a homeland defines the worst elements of state power. Young women and men blowing themselves and others apart in a final act of desperation only feeds the rationale of further state oppression."

He said the new world order was not only about economic imperialism, but also cultural imperialism with the increasing domination of America in every aspect of global society.

"Cooperative community action is degraded or dismissed in favour of the so called rights of the individual," he said. "But the individual has no political or social rights unless they work cooperatively."

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Home Front

On the home front unions are still a target of the government and the ultra right. In this climate the MUA will strengthen its relationships with state governments and the trades & labor councils.

"We need to continue to build links inside the national and international rail, transport, mining and manufacturing labour movement so that every aspect of the transport link between producer and consumer is effectively unionised," he said. "The removal of effective unionism in any one part would inevitably weaken the conditions of employment in the whole chain. The MUA is leading the campaign to identify these corporate links and effectively protect workers' rights."

"It's going to get harder," The National Secretary warned. "We're living in an era of post modernist Thatcherism. The laws have been changed against us. But we still have to go on the offensive. We must not be cowed."

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CFMEU Conference

Day one of council was held at the CFMEU National Congress in Sydney on November 1. Opposition Leader Mark Latham opened conference by outlining the Howard Government's fear campaign. He pointed out that Australian interest rates were 4 per cent higher than in the US and much of the last decade's growth was due to the economic policies of the Hawke and Keating governments.

National Secretary Paddy Crumlin also addressed the conference of around 300 rank and file delegates from the mining and energy divisions and spoke about the close relationships between the two unions.

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Council Resolutions

Key issues discussed at National Council included cabotage and the looming Productivity Commission report, maritime security infringements on civil liberties (in Canada, maritime workers with financial troubles were sacked after being deemed susceptible to terrorist approaches), labour supply and the development of the Employment Assistance System (EAS) for members, recruitment campaigns, drug and alcohol policy, EA templates and the joint freight unions mapping project with the Transport Workers' Union, the Rail Bus Transport Union and the ACTU to identify investment, ownership, employment trends, union density, policy and transport regulation.

Council resolutions endorsed by the stopwork meetings include sending a rank and file delegation (two members from each port) with officials to the Mining and Maritime Conference in Los Angeles , May Day in Cuba and the commemoration of the Eureka Stockade. The stopworks also endorsed employment of a para legal assistant, an MUA legal officer and women's liaison officer, setting up a MUA Youth Committee, funding for a film tour on the Canadian shipping industry and adoption of the financial report.

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Union Finances

Under extremely difficult industrial circumstances, the union accounts showed a surplus of $161,712 for the year ending June 30, 2004. This was mainly from the sale of union properties, but also from economies such as all officers, elected and appointed, foregoing accrued sick leave as a contribution to the financial health of the union.

Around a quarter of union expenditure is now in legal fees and this is expected to increase under the current political regime.

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Legal Report

The union has concluded seven legal matters in the past six months, with four successful outcomes (CSL & ors, Morris McMahon, Morris McMahon and NSW police and the Patrick Stevedores straddle case). The union defence in the Port Waratah Coal case was unsuccessful and its dispute over unfair dismissals with Skilled Engineering got three of four members jobs back.

Litigation pending includes action against the union and Newcastle officials over alleged breach of the Trades Practices Act, CSL and ISM attacks on the Maritime Industry Seagoing Award safety net, the Ikuna and Hakula Case and the MUA's joint application with the Australian Institute of Marine Engineers for an award to cover foreign coastal shipping.

The National Secretary warned we could expect a massive increase in legal attacks, prohibitions and penalties against the union, its officials and members. He reminded Council that the MUA was the first union under the changed Trades Practices Act to be penalised with fines and costs to the union amounting to nearly $750,000. Further breaches of the Trade Practices Act would see massive increases in fines and the possibility of prison terms for union officials and delegates.

However the union needs to face up squarely to the challenge. He reminded the Council of the militant fighting history of the union. It is not the first time it has come under attack in the last 130 years. It had been de-registered, officials and members gaoled, workers murdered on picket lines, bashed and imprisoned and forced into poverty for their determination for a fairer go in the workplace and in society generally.

To consolidate its legal defence and rationalise legal fees National Council resolved to get tenders from legal firms and choose one or two major providers as well as employing both a new industrial officer to replace Joanne White, as well as a para legal secretary to assist the union legal team. Employing lawyers in house on fixed contracts would help contain burgeoning legal costs.

National Industrial Officer Bill Giddins also prepared a legal report on the Electrolux Decision where the AWU and other unions went to the Commission and subsequently the Federal Court to have compulsory union dues inserted into an enterprise agreement.

The attempt backfired with the Federal Court ruling that this and other issues not directly about employment could not be included in enterprise agreements including:

• Union recruitment of new employees
• Deduction and remittance of bargaining agent's fees • Union officials right of entry unrelated to the Agreement
• Trade union training leave
• the Delegates Charter
• Stop work meetings
• Time and wages record and notice boards

The report warned the decision was extremely damaging and could see protection clauses in current agreements and awards removed.

The union is closely co-ordinating an ongoing legal response with the ACTU.

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Union Growth

Assistant National Secretary Mick Doleman reported on the successful joint recruitment campaigns with the CFMEU (mining) recruitment agency UNITE, (employing former stevedoring worker and union official Bernie Farelly) and the campaign with the AWU in the offshore industry (employing industrial officer Rod Curry). The alliance has undertaken extensive mapping of offshore and recruited 25 new members bringing the total membership in previously non-unionised sectors to 40, with a potential 560 (AWU included).

In Sydney Harbour Unite is targeting Captain Cook, Blue Line and Matilda.

In peak season Captain Cook employs 200 workers but only half are kept on during winter, all are on individual contracts and receiving around a quarter of the award rate.

The MUA now covers around 50 per cent of catering. As well the union has helped members set up an OH&S committee and get agreement from the company to enter into a collective agreement.

Altogether in Sydney Harbour three vessels the union has picked up 58 new members, bringing total membership to 69, with total potential membership of 196.

On TT Line the company has employed Cindy O'Conner as agreed under the last EBA. The union has now signed up 32 of the 101 mostly casual catering staff, bringing total MUA membership to 522. Total potential membership is 833.

The Assistant Secretary reported that the next phase of recruitment could include the NT dive tourist industry, aquaculture Australia wide) and/or pearl divers in WA and NT.

But the union also needed to identify small pockets of individuals in the unionised workforce who were unfinancial.

Deputy National Secretary Jim Tannock reported on growing membership financiality - up 7 per cent to 80 per cent or 10,586 members in September.

However, one of the key debates at council was how to reach the target of 100 per cent. Jim Tannock also reported on the restructuring of union dues now under way and the need to campaign for members to open special accounts for their union dues so that they did not become unfinancial.

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MUA Women

One in four new recruits to the union are now women and council recognised their importance by investing in the women's liaison officers' positions.

National Councillors Sue Virago and Karen Leavy reported on the women's policy including the push for employers to increase participation of women, extension of unpaid parental leave to the primary care giver from 12 to 24 months, minimum of one week paid parental leave to the non-primary care giver at time of birth or adoption, access to paid leave to attend pre-natal appointments, superannuation entitlements during unpaid parental leave and family flexibility provisions in enterprise agreements.

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Collective Agreements

In the past six months the union successfully completed 13 enterprise agreements (NSS, Jebsons, Brambles Toll stevedoring and shipping, ISS, Patrick, TT Line, divers, P&O Maritime, Grain, ASP, Teekay, ASOC, Coal, Skilled and CSX) with P&O Stevedoring and others pending in the coming months.

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Culture & Communications

Communications have been broadened with the union funding a film production unit and an Australian tour of the Canadian full length documentary Betrayed about the brutal battle that led to the destruction of the union and the Canadian flag fleet. We have also published the Turkshead knots book and are preserving union history with publications and productions on the history of the Seamen's Union and the Patrick Dispute. Individual historical work by the late former National Secretary Tas Bull (Fore and Aft) and a book by retired President John Benson will also be available in 2005.

The Maritime Workers' Journal is now published six times a year, up from four ,and the union is embarking on training for branches to use the website including posting branch news and events alongside the national officers report in the 'Members Only' section.

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Office Restructure

In national office the union has been restructured and modernised with new technology, electronic filing and computer system upgrades. Former National Industrial Officer Joanne White has been appointed national executive officer, with Raelene Jefferson national operations officer.

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Super

The Stevedoring Industry Retirement Fund, consistently ranked the top fund by the Business Review Weekly, has converted from Defined Benefit to Accumulation Plus after yet more protracted discussions over how to divide a $60 million dollar surplus.

The union took this decision to improve the retirement income of members.

Features of accumulation plus include higher employer contributions, a minimum further 9 per cent increase on members funds on changeover to accumulation plus, all interest from investment now going to members, lower administration costs and the employer paying all basic insurance costs.

What's more the $60 million in surplus previously earmarked for an employer contribution holiday is now being divided between members transferring to the new arrangements and the employers.

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Talking History

Special council guests included a New Zealand contingent of Terry Ryan, Joe Fleetwood and Rachael Goddard from New Zealand, African union leaders Ezrom Mabyana and Sabi Mthwecu and MUA Veterans Bill Bodenham and Harry Black.

The National Secretary welcomed the Veteran's leaders who had special observer status during council. National Delegates Conference in March identified the importance of our retired and life members, their contribution to maritime workers current conditions of employment and the militant strength of the union.

Veteran's Secretary Bill Bodenham addressed council stressing that the veterans association wasn't about bingo, tea and scones.

"It's a political organisation," he said. "We man the picket lines and demonstrations. We are the majority at stop work meetings and on the campaign trail. And we play an important part in educating younger members.

We are walking history books."

Bill warned of the Family First party and its US counterpart The Assembly of God that has CIA connections, five million members and trillions in funding.

"The soft left need viagra," he said. "Trade union power comes from membership. We need the numbers at demonstrations. The Howard Government has 28 IR bills that were blocked by the Senate now set to go through. They include no right of entry.

We are now commemorating 150 years of The Eureka stockade - a rebellion against bad laws. We owe them. We owe the Eureka miners, we owe the people who started unions and we owe those who set up the ALP. Like Eureka we need dissent against laws. If there is no dissent, if people don't oppose fascist legislation... well, that's how Hitler got elected."

The National Secretary welcomed the President of the South African Transport and Allied Workers Union, Ezrom Mabyana and Ms Sabi Mthwecu, Executive of Transnet (South African Government Transport Department) currently in Australia at the invitation of the Maritime Workers Credit Union which is helping set up a credit union in South Africa.

Australian African solidarity has a long history including the union boycott against the apartheid regime cargos and ships and the now close relationship with SATAWU and the South African trade union movement.

The MUA and SATAWU have a Memorandum of Agreement for mutual support and action with SATAWU taking industrial action in support of the Patrick workers during the waterfront lockout.

Council resolved for Rick Newlyn and Keith McCorriston to visit South Africa in preparation for SATAWU attending the Mining and Maritime Conference in the US and to assist with union training schemes.

Meanwhile, the New Zealand contingent of Maritime Union National Assistant Secretary Terry Ryan and National Vice President Joe Fleetwood thanked the MUA on behalf of MUNZ for the historical step of the Trans Tasman Federation and globalisation of the maritime industry.

They told council of the problems they faced even under a Labor Government in New Zealand due to new legislation that required only 15 workers to set up a union. This had led to employers signing up people and creating Yellow Unions.

Guest labour was also a big issue with the union running a national campaign in the fishing industry to stop companies importing Filipino workers into the domestic fishing trade. The union was also meeting with politicians over a proposed Free Trade Agreement with China which would give companies the right to bring Chinese labour into the country.

Council endorsed Assistant National Secretary Rick Newlyn and Newcastle secretary Jim Boyle attending MUNZ Executive. Councillors committed to strengthening the relationship with the Maritime Union of New Zealand and the Trans-Tasman Federation, including dealing with companies operating in both countries, like Toll.

Councillors are: National Officials Paddy Crumlin, Jim Tannock, Rick Newlyn and Mick Doleman, branch officials Mick Carr, Trevor Munday, Len Covell, Jim Boyle, Robert Coombs, Glen Wood, Mark Armstrong, Gary Keane, Kevin Bracken, David Schleibs, Jamie Newlyn, Jake Field, Chris Cain, Keith McCorriston, Mick Wickham, Jason Campbell, Andy Burford and Laurie Horgan. ITF Australia Co-ordinator Dean Summers and national officers Raelene Jefferson, Bill Giddins, Eddie Seymour and Zoe Reynolds also attended.

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