Union Victory

Holding the line in Port Kembla

The Maltese flag of convenience vessel MV Capo Noli arrived in the southern NSW port on the night of Tuesday May 29 to a frosty welcome from the port community.

Claiming that the vessel was a self unloader, despite the ship's cranes clearly visible for all to see, the company ordered the Filipino crew to unload gypsum in breach of global agreements between shipowners and the International Transport Workers' Federation that crew do not undertake dockers' work.

Canadian Steamship Lines had chartered the vessel and both the Italian owner and UK charter were signatories to the IBF agreement. The Capo Noli was carrying a load of gypsum bound for Boral near Berrima on a coastal permit - a job previously done by the Ormiston.

The Flag of Convenience vessel introduced on an interim basis to handle Boral cargoes of gypsum on the coast, was already replacing Australian seafarers on the Ormiston Australian registered vessel. It was also now trying to replace Australian wharfies as a precedent.

National Secretary Paddy Crumlin, ACTU President Sharan Burrow and AWU General Secretary Bill Shorten had been in separate discussions with Boral with a view of securing a commitment from the company that the replacement new building by CSR would be crewed and flagged in Australia.

The Standoff

The ITF stood firm, pledges of solidarity came in from abroad, the ACTU and National Secretary, Assistant National Secretary Rick Newlyn and Southern NSW branch officials Mark Armstrong and Gary Keane joined workers on the peaceful assembly and the local community rallied around.

CSL Australia sought an injunction in the Federal Court in an attempt to prevent picketers from blocking access to the 24,794-dwt bulker. The company claimed the vessel was a hybrid self-unloader and had not required dockside labour in Europe.

But Australian ITF Dean Summers co-ordinator, also heavily involved in the standoff refuted this.

"I've tracked the Capo Noli all around the world for the past few months," Dean said. "At every port, local dockers go on board and do the work of discharge. Claims that the ship is a self-discharger are dishonest and manipulative. It is an international norm that unloading is done by local wharfies."

It was the first time a foreign-owned ship had tried to avoid using local stevedores in Australia and the MUA National Secretary made it clear things had to be set right.

"This is a big issue that's not going to go away for Boral, it's not going to go away for CSL and it's not going to go away for us," Paddy Crumlin said. "It's not a self-discharger - they're not just dumping straight onto the wharf and then its getting picked up by labour. They're getting the crew to discharge the cargo.

"You wouldn't be able to do that in wheat, or bulk or coal - someone's had a rush of blood to the head down there and will likely come to regret it."

The Capo Noli is owned by the large Italian shipping company Coeclerici Armatori, managed and crewed by Elburg Ship Management in the Philippines and chartered to Britannia Bulkers UK. Both Britannia and Coeclerici are signatories to the global union/shipowners agreement which includes a clause protecting dockworkers' jobs.

The MUA boarded the vessel and spoke to Filipino skipper Ferdinand Belino. And the ITF's Philippines affiliate, the Associated Marine Officers' and Seamen's Union of the Philippines, wrote to the manager of Elburg Ship Management reporting the dispute and the breach of the IBF collective agreement.

Ironically international Flag of Convenience shipping operators were in Sydney the previous week negotiating the renewal of the worldwide IBF agreement (see Union hosts global talks)

"It is clear that work dealing with cargo handling and other work traditionally or historically done by dock workers should not be done by seafarers-crew who are our members," wrote captain Gregoria Oca, president of the Associated Marine Officers' and Seamen's Union of the Philippines.

CSL Australia had the ship on a 24-month time charter on the Australian coast. It operated with an ITF agreement to maintain minimum international employment standards.

The ITF, fresh from the first round of renewed IBF talks with shipowners in Sydney was vocal in its response.

"Loading and unloading, by means of any lifting gear, as is the case on board of Capo Noli, by the ship's cranes, is clearly covered by the non-seafarers work clause of the agreement, Article 4, which states that ship's crews will not be required or induced to carry out cargo handling and other work traditionally or historically done by dock workers without the prior agreement of the ITF Dockers' Union or Unions," said Dockers' Secretary Frank Leys.

Alerts went out to all dockers' affiliates worldwide.

The Capo Noli quickly became the centre of local and international protests. The international community looked on this dispute with horror because of its ramifications for other ports.

"ITF unions worldwide are appalled by this incident," said ITF General Secretary David Cockroft. "The ITF stands fully behind the MUA and the community in Port Kembla in their fight for fair treatment for dockers as well as seafarers."

Assistant National Secretary Rick Newlyn had joined the local protestors on day one.

"The eyes of the world are on Port Kembla," he said. "It's either blow over or blow up."

The MUA also accused the Minister of Workplace Relations Joe Hockey of being a player in the drama. "He's got his fat little fingers all over it," said Rick Newlyn. "The ship relies on Howard Government permits to trade on our coast."

The national secretary and chair of the ITF dockers' section Paddy Crumlin made public statements the following day. It was, he said, a principle that had the potential to flow on to all industries.

"Transport workers from dockers to train drivers would be facing increasing international competition by workers who were not on a level playing field," he said. "In this case we have Filipino seafarers who are not subject to the same award entitlements, safety or taxation laws as Australian workers."

Arthur Rorris from the South Coast Trades and Labour Council was quick to voice local concerns.

"We'll become an international transit lounge for the maritime industry," he said. "We've got widespread unemployment in the Illawarra. The government's multi-million-dollar port expansion would just create jobs for foreigners."

Solidarity

The community assembly grew with hundreds of locals ready to block cranes or trucks if CSL attempted to unload the Capo Noli. The wharves were decorated with flags and banners of the MUA, the Transport Workers' Union, the Health Services Union, the Australian Manufacturing Workers' Union, The Australian Workers' Union, the Construction, Mining and Energy Union, the Fire Brigade Employees' Union, ETU, nurses and others.

On June 1 a 250-strong crowd gathered to hear ACTU President Sharon Burrow and MUA National Secretary Paddy Crumlin address the community assembly.

"We have a great deal of solidarity with the workers on board the Capo Noli," said Sharan Burrow. "They are members of the international working community and deserve the same conditions and wages as workers here in Australia. But this is denied to them. Multinational shipping companies are making a dollar from exploiting these workers. This move by CSL is about exploiting workers here and overseas."

Port Kembla branch was inundated with messages of solidarity from around Australia and internationally, including from San Francisco.

Pressure was mounting against CSL, with London based Lloyds List reporter David Oslo recalling political controversy in recent years. Former Canadian PM and company director Paul Martin was accused of providing $138 million in federal government contracts, grants and loans to his company. CSL has mixed relations with the MUA operating one Australian crewed and flagged vessel the Iron Chieftain but also operating the ex Australian National Line vessel River Torrens as the CSL Pacific in the Australian cement trade with foreign crew under a FoC.

The New Zealand affiliates of the ITF including the Rail and Maritime Transport Union, the Maritime Union of New Zealand, the National Distribution Union and the Merchant Service Guild announced their support, with the Maritime Union promising to ban the ship if it ever arrived in New Zealand.

MUNZ general secretary Trevor Hanson said: "We are in regular contact with the MUA and will work with them on this case, including blacklisting any ships involved in this dispute that come to New Zealand and sending delegates to Australia to help with pickets."

"The goal of self-unloading is to attack the wages and conditions of local workers," he said. "It is the sinister face of corporate globalisation and we are going to fight it every step of the way."

Warren Smith, the MUA's Sydney branch secretary, brought solidarity greetings along with busloads of Sydney MUA members to the rally.

Victory

After discussions between Paddy Crumlin, Sharan Burrow and the company into the evening of Friday June 1 it was all over, with agreement to use Australian Stevedoring labour and to drop all action in the Federal Court.

"UNION VICTORY", the front page of The Illawarra Mercury proclaimed, describing the jubilant scenes at Port Kembla's No 6 jetty. Even the Filipino crew came down from the ship to join in the celebrations. The agreement will see the Capo Noli utilise shore-based labour for the operation of its cranes at all ports in Australia, and the terms and conditions of employment of those workers will be negotiated with the MUA. This is consistent with the terms of the ITF agreement, which obliges ship owners to utilise shore based dockers, and to negotiate with local dockers' unions about the provision of dock labour.

MUA deputy branch secretary Garry Keane congratulated the dockworkers for their commitment. "We were going to be here for as long as it took," he told The Illawara Mercury. "This agreement resolves all our issues - we demanded the right for stevedores to do the stevedoring work at their own port, and the Capo Noli will now abide by its agreements with the ITF."

Arthur Rorris questioned why CSL would try this on in Port Kembla, given its proud and militant history of defending the rights of workers.

"This is a sensational win for the MUA," he said. "It's a massive win for the community of the Illawarra."

He said he willingness of the Port Kembla community to support the dock workers was the key factor in reaching an agreement with CSL. CSL had picked the wrong town and the wrong union to try to sideline stevedores.

New Australian ship

In separate discussions between Boral and the MUA the national secretary indicated that the new building to be introduced into a long term contract in the cement trade would be Australian registered. Further discussions are to take place between the parties to finalise understandings with CSL and Boral on the terms of its introduction. This follows constructive talks and agreement between Cement Australia and the MUA on the sale of their three cement vessels. (See Coastal Battles)