New deal on job safety

Collective sick leave, retention of first aid and ship safety inspections before job start, are key outcomes of the Patrick Port Botany enterprise agreement

"Flag of Convenience operators don't look after their crew, so they are not going to look after us," says Port Botany delegate Paul Keating. "Some ships are in a terrible state - not stowed properly, no guard rails. Management have agreed we're not going to let our boys work an unsafe ship until it's fixed. By us driving safety home makes it a safer ship for the seafarers too."

SAFETY

Under the new Patrick Port Botany terminal enterprise agreement, ship inspections are, for the first time, institutionalised. Too many waterside workers have died, four in as many years. Both management and the workforce agreed something had to be done.

The union has been fighting for a national code of practice now guaranteed by the Labor Government. And in April the Australian Safety and Compensation Council (ASCC) announced it would develop a nationally consistent approach for OH&S at Australian stevedoring ports.

The Patrick agreement will lock in the code nationwide once it is finalised. Meanwhile the union is pushing to have safeguards built into enterprise agreements and job procedures.

"We lost four waterside workers, two last year in Victoria," said MUA National Secretary Paddy Crumlin. "Their families lost their loved ones, their workmates watched them die. We could not just stand back and let this happen again."

Delegate Paul Keating says the average shipboard check takes around 20 minutes. And until the job site is safe, work does not begin. For waterside workers, their floating factory sails into port each day and there is no guarantee, otherwise, it will meet Australian safety standards.

Under the Port Botany enterprise agreement, management appoints the safety facilitator, but must choose from one of the rank and file elected safety committee members or delegates.

Also in the agreement is retention of the first aid position.

"The company wanted to contract first aid out," said Paul. "But these are the guys that keep us alive and we are going to fight to keep them."

"If anyone gets hurt on the wharves, they get hurt bad, crushed under heavy machinery or hit by containers," said first aid officer Steve Holt. "We're now trained in trauma. We've got to know how to deal with a situation. Stop the job. Stop the bleeding. Keep the guy conscious."

"Some companies try bringing in private doctors and ambulances," he said. "On one job we had a guy on a motorbike try take someone away and another injured worker was dumped in the back of a ute. We only agree to St John ambulance. We've been under pressure since the 1998 dispute with the company trying to get rid of the first aider job. Now they know we'll fight for it."

SICK LEAVE

One very unique feature of the Patrick agreement is the collective sick leave scheme.

"We've got 13 days sick leave a year, up three," said Paul. "But that's not enough if anyone gets really crook, like a heart attack or if they're battling cancer. So now we can all donate a sickie. It's called 'gifting'."

JOB SECURITY

Job security is another feature of the new agreement. Nationwide, Permanent Guaranteed Wage Earners (PGEs) now have a guarantee of $45,000 per annum. That's up from $30,000 under the old agreement. In 1998 they only had a two-hour minimum shift and a $20,000 guarantee. The new EBA effectively creates two classifications of permanent workers. At Port Botany more than 70 per cent are now full time, up 20 per cent from the 2004 agreement, with 150 upgraded in four years.

Also upgraded are their sick leave, long service leave and holiday pay which all now comes at the Grade 3 rate. And PGEs are no longer called in to work a four-hour shift. Back in 1998 they could be called in, sometimes from hours away, for just two hours lashing. The new minimum is seven hours. Under the EBA the union is represented on the committee, which decides on upgrades or promotions from part timer to full time permanent.

"In the old days bosses would head pick,' said Paul. "Now they work with the union."

UNION RIGHTS

The Patrick EBA also recognises union right of entry, union training and time off for union meetings. The workers' charter of rights is enshrined in the agreement nationwide.

"It's safe to say we've now got back all the things Patrick took in the wash-up of the 1998 dispute," said MUA Assistant National Secretary Mick Doleman who led the negotiations.

The negotiations went on 18 months, but Patrick and the MUA eventually secured an extension of their enterprise agreement until October 2010, taking advantage of the fast approval process offered under the agreement variation and extension provisions of the Rudd Government's transitional IR legislation.

Patrick Container Ports IR/HR manager Lachlan Smith told Workplace Express the transitional laws also provided an "acceptable" way of dealing with prohibited content.

PAY RISE AND PARENTAL LEAVE

The Patrick Terminals Extended Certified Agreement 2008 provides a 15 per cent pay rise over three years to about 1,400 employees, plus improved parental leave entitlements. Female employees receive six weeks maternity leave after 12 months service; rising by one week of leave for each year of service up to 12 weeks leave. Male employees and same-sex partners are entitled to one week's parental leave.

Other features of the agreement are:

• a Charter of Workplace Union Delegates' Rights and Right of Entry arrangements (set out in Schedule 11 of the agreement)

• adoption of an agreed National Industry Safety Code of Practice

• an "all in" annual salary based on working ordinary time hours to an average of 35 hours per week for full time employees

• retention of the roster, with less weekend work.

OUR SAY

JOSE DESOUSA: "I think the EBA is fantastic.

The union has done a great job. It shows the calibre of people we have representing us."

ALI TURKILERI: "Seven hours minimum for PGEs is a big change for the better."

STEVE HOLT, FIRST AID: "Some companies try bringing in private doctors and ambulances. On one job we had a guy on a motorbike try take someone away. We only agree to St John ambulance."

MATT BONNER, Straddle operator: "We've got a good pay rise and a good job environment."