Patrick problems

Rising Tide of Casualisation, Straddle Stress & Super Sailors

High levels of casual labour, straddle stress and a draconian drug and alcohol policy -- these were the big issues union officials, work delegates and Patrick management confronted face to face over the negotiating table in August.

Halfway through the enterprise agreement Patrick has finally agreed to a labour force review -- a process that is written into the EBA. Management also agreed to an occupational, health and safety review of the straddle stress that has plagued members for half a decade. OH&S reviews written into the EBA are the basis for the review.

Drug testing and the recreational use of cannabis were also up for a long overdue overhaul.

Casuals

Until now Patrick has not curtailed casualisation under the terms of the agreement.

"The experience has been that little permanent employment is being delivered and in most cases the casual workforce has grown," said Assistant National Secretary Mick Doleman.

In August the company agreed to a mid-term review. At the table were National Secretary Paddy Crumlin, Deputy National Secretary Jim Tannock, Assistant National Secretary Mick Doleman, National Industrial Officer Bill Giddins and branch officials; also rank and file delegates and company executives including CEO Chris Corrigan.

Patrick argued against increasing their permanent workforce, putting redundancy and its cost as a barrier.

Redundancy has been an unresolved and contentious issue since 1998. The union rejected a company offer of 26 weeks at the salaried rate. But the company claims that the community standard is only eight weeks at the base rate. The higher the redundancy payout the more expensive it is to cut back on labour during industry downturns or loss of contracts. So the company argues this limits the number of permanents they can employ.

The union negotiating team countered redundancy was not an issue. If there was a downturn, the company could cut back on its casual labour force.

"Interestingly, the company seemed to indicate the automated straddles being developed in Brisbane were not the be all and end all - something that the Union has believed was the case all along", said Doleman. "The manless straddle has been an excuse favoured by other managers for not increasing permanent labour in Brisbane."

So upgrading supps to permanent jobs is back on the table. Issues put forward by the company included lashing and four-hour minimum shifts. The company also suggested that there should be a "knock-for-knock" for debits and credits, transfers between Terminal and general stevedoring.

The negotiating team said it would consider lashing, but rejected the four-hour shift, while insisting that there had to be an increase to the permanent workforce. The union also reminded Patrick that since the EA conclusion productivity was at the highest level - a fact they acknowledged.

"The two issues are tied at the hip," said National Secretary Paddy Crumlin. "The company can't expect one without the other."

The upshot is that a labour review is up and running, with many of the 2002 rank and file roster team on the review panel. These include Simon Euers and Bobby Lee (Sydney), Danny Decelis (Melbourne) and Graham Snedden (Fremantle) along with branch officials Dave Cushion and Trevor Munday, Assistant National Secretary Mick Doleman and Deputy National Secretary Jim Tannock.

Straddle Case

Meanwhile the case against Patrick over the unsafe operation of straddles during the first EBA is proceeding in the NSW Industrial Commission in Sydney.

At the same time a review is to focus on problems with straddle operations since the 2001 enterprise agreement.

While Patrick is prepared to plead guilty to some charges laid against it in the Commission, it argues that the provision of an extra worker as a part time relief driver in the current agreement was all that was needed. They reject that there is any ongoing problem, insisting that the operation is safe and that there has been no increased incidence of injury since the introduction of breaks and exercise regimes.

The union strongly disagrees. Port Botany delegates report the problem is far from over. They want a review of the existing practices.

The review committee will examine current straddle operations and settle the matter once and for all.

Occupational health and safety expert Katherine Heiler, from the CFMEU Mining Division, is working with Central NSW Branch Secretary Robert Coombs and rank and file committee members Simon Euers and Chris Watson on the review. Assistant National Secretary Mick Doleman has an overseeing role.

The agreed chairperson is former Justice Michael Keogh, who is the Arbitrator in the Northwest Shelf Joint Venture operations with Woodside and other companies. He is charged with helping to identify the issues, seek common ground and bring a report back to National Secretary Paddy Crumlin and Chris Corrigan for further consideration on September 30.

Drug & Alcohol Policy

Working under the influence is not the issue. It's a danger to life and limb. What is at issue is Patrick's drug testing and mandatory stand down policy.

The problem is recreational use of marijuana. Members complain that the current blood tests find them over the limit when they have not used the substance for several weeks. So sensitive is the testing mechanism that members who don't smoke themselves have tested positive after being exposed to other smokers at dance and club venues. What's more the company has failed to include any rehabilitation or counselling before they sack people testing positive.

Assistant National Secretary Mick Doleman, Industrial Officer Bill Giddins and Patrick's Lachlan Smith and Bill Clayton have been trying to resolve the issue for some time.

As it stands members can be detected as using marijuana, and stood down until the level of THC (the active ingredient in cannabis) falls to less than 50 mmol/L (nanograms). If a member fails the test three times he or she is dismissed on the spot.

Currently there are three workers that the Union has been attempting to get re-employed.

Now that is all going to change. Management has agreed to raise the threshold level of 50 mmol/L to 100 and "three strikes and you're out" is replaced with compulsory counselling and therapy. The three sacked workers now have the option of undergoing counselling and being re-employed.

Meanwhile a review committee made up of Assistant National Secretary Mick Doleman, National Industrial Officer Bill Giddins and Victorian Branch Assistant Secretary Dave Cushion will meet with the company as needed to continue to search for technology that detects the correct impairment levels for cannabis.

Shipping

A company threat to either force MUA seafarers to work on the wharves or replace them with new recruits trained to do lashing work is the big issue confronting the union in Melbourne.

'Super sailors' are back on the agenda.

Patrick Shipping representatives and Victorian Branch officials Dave Cushion and Bob Patchett met in August with delegates from the vessels Searoad Tamar and Searoad Mersey over the self-mooring dispute with Patrick.

The company have been insisting on separating the issues of enterprise bargaining and the introduction of self-mooring technology reducing the need for Integrated Ratings.

Self-mooring would cut back the workforce on both vessels to three Integrated Ratings. In addition to this the company is seeking to replace the Chief Caterer with contract shore labour and do away with lashing and other maintenance tasks.

Assistant National Secretary Mick Doleman reports Patrick previously floated the idea that the redundant Integrated Ratings on both vessels would replace casual stevedoring labour on the wharves, creating an integrated labour force to lash and sail on the vessels to ports that do not have the self-mooring technology.

MUA stevedoring and shipping members rejected this proposal outright and it was withdrawn from the EBA talks.

"Now Patrick have reintroduced the issue of an integrated labour force with a much more sinister component," said Doleman. "They are basically threatening to recruit new entrant seafarers, train them at the Maritime College, secure their sea time on their vessels and then employ them as an integrated labour force if the Union rejected their proposal."

Victorian Branch officials and delegates from both vessels are meeting to draw up counter arguments in consultation with both stevedoring and seafaring members.

The Union has made it clear that it won't accept contracting out catering services without a fight. We served the company with a bargaining notice at the commencement of the enterprise discussions.