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Maritime Workers Journal

A Tale of Two Ships

The Accolade


Australian seafarers back up the gangway as hostilities between Australian seafarers CSL & ISM go on standby

 

The Accolade, the Iron Chieftain and the Pacific. Three ships which have been lost to the MUA. But in 2003 the union successfully negotiated settlements and got Australian seafarers back up the gangway of two of these ships. The CSL Pacific is still to come.

The Iron Chieftain sailed back to Australia after dry docking in Singapore at Christmas time. It was flying the Australian flag, with a full Australian crew on board.

IR Aaron Schubert, 28, was with the vessel for more than five years before it was sold. He rejoined the Chieftain for the 12 day run back home from Singapore and will go as CIR on the second swing:

"It's good to be back on the ship. Morale is high. The new system is good. We are in the spotlight. If this doesn't work it could be the end of our industry so everyone is committed to making it work. If we need to make a few changes to make it work we'll do it."

The return of the Chieftain was down to the Maritime Union successfully negotiating an agreement with CSL and International Ship Management that saves ship owners being dependent on expensive onshore maintenance contractors.

An Independent Review of Australian Shipping (see box) released in August highlighted the problem of high maintenance costs. One recommendation the union took on board was to have crew with trade qualifications coming into the industry as trainees.

The union insisted that any trainees recruited with trade certificates must be trained up as IRs. The Australian Maritime Safety Authority agreed. As well, existing IRs are to be further trained up in welding and other skills needed on board as part of an enterprise agreement with CSL.

Following the settlement, the union is pursuing further negotiations with CSL that could lead to an Australian crew getting back on board the CSL Pacific (formally the River Torrens) for the first time since it was flagged out in February 2000.

Hostilities between CSL and the union had been escalating since the company flagged out its second ship, the Yarra, and brought it back into the Australian trade as the Stadacona with Ukranian crew. Sit ins, court action, protests and demonstrations had been the order of the day since May, 2002. And while the 2003 MUA victory in the High Court gave Australia jurisdiction over ships trading on the coast, the Commission later rejected the union submission to rope in the CSL vessels under the Maritime Industry Seagoing Award.

This potentially opened the way for yet more protracted litigation and legal arguments.

"The Chieftain EA is a good agreement," said MUA National Secretary Paddy Crumlin. "It marks a return by CSL to more normalised industrial relations. Now we want Australian seafarers back up the gangway of the Pacific. CSL have agreed to negotiate. We only have to agree on when and how our members go back on board. If we settle with CSL the High Court decision will have been formalised industrially. If we don't settle the MUA will be back in the AIRC seeking to rope CSL into an award. We think the company would prefer to settle."

Back in August things did not look so good. BHP Billiton put the Chieftain on the market. The vessel serviced OneSteel out of Whyalla and was purpose built for the job. Teekay managed the vessel and employed the MUA crew. But the ship went to CSL, with ISM taking over ship management.

OneSteel was not happy. Teekay was 30 per cent owned by BHP but it lost the tender. So did CSR and ASP. At least four Australian companies tendered, but it was the Canadians who got the ship and the contract.

MUA seafaring jobs on the ship were in jeopardy.

"When CSL got the Chieftain the unions insisted that it had to keep the Australian flag and Australian crew to work on the Australian coast under Australian law," said Paddy Crumlin. "Our worry was that due to the Howard Government Workplace Relations Act 'Australian law' meant CSL could have put a non union crew on AWAs to work the vessel."

The MUA took the matter to the Australian Industrial Relations Commission. "The union threw tremendous resources into negotiations over six weeks," said Crumlin. "CSL was critical of the aggregate wage, having previously claimed in the Commission that Australian seafarers had no work ethic."

At one point CSL had threatened to take the ship off the run and put it into the North American trade. The Chieftain was specifically built to service Whyalla and Port Kembla. It would have been a great loss and a difficult ship to replace.


 

Ship Shortage

There is a chronic lack of tonnage in the global bulk freight industry. OneSteel would have had great difficulty sourcing a replacement vessel. A massive increase in shipping to and from China in recent months has created a ship shortage. Freight rates in bulk have skyrocketed to three or four times the rate of six months back. Mostly this is good news for Australian seafarers. It means full employment.

"The union fought hard for our right to crew the vessel," said Crumlin. "CSL agreed to negotiate. The company also said it was willing to recrew the CSL Pacific (formerly River Torrens) and other CSL vessels working full time on the Australian coast with Australian seafarers if agreement was reached."

Negotiating for the union were Paddy Crumlin, Assistant National Secretary Rick Newlyn and SNSW Branch Secretary Mark Armstrong.

The new EBA differs from the Teekay agreement as it includes guaranteed overtime payments on top of the aggregate wage. This averages out at around $10,000 extra per annum and is especially to cover maintenance work. The company is also seeking to upskill MUA ratings to do this work on deck and in the engine room so they will not be so reliant on shore based contractors.

Port Kembla Branch Secretary Mark Armstrong said that in essence the new system is what shipping reform was meant to achieve.

"This is what the MIDC system was all about," he said. "IRs being trained up -- having a career path. And what's most important is all tradesmen have to be IRs. The company's prepared to train people up and they are going to train people up."

CSL has committed to greatly increase training funds for IRs. This comes at a time when many Australian shipowners are reluctant to put training programs in place. Some of the new trainees are tradespersons recruited into the industry to help lower the high cost of shore maintenance support. Training courses start early in the New Year.

"The new system is good," said IR Aaron Schubert. "Before we had a lot of contractors on board. Now they've brought in skilled people to join the crew. We'll be doing nine tenths of the work on board and we get paid extra for doing it. The company is already paying one bloke, Dean Boles, to finish his boilermaker ticket. They are willing to train people. And they are prepared to pay us to do the extra work. Everyone is saying this is the new way of doing things. Change is not bad, it's a good system. It's good news for our industry. Who would knock back the opportunity to do a trade? I went straight from high school to working on ships. My only regret was I didn't get to do a trade. Now I can. Now they've offered to train me up to second mate."

Meanwhile the union and CSL have agreed to co-operate in overcoming a labour shortage until the trainees come on board. TIRs will be rotated on the vessel while completing their studies at the Maritime College.

The agreement is based on the maritime industry seagoing award and will be a template for CSL and a benchmark for the blue water industry.

Assistant National Secretary Rick Newlyn flew out to Singapore on the eve of the vessel's return trip to Australia in December to visit the Chieftain at the end of its docking. He debriefed the current crew who were being repatriated to Australia and held a meeting with the new crew members to go through the EBA which is due to go to a vote of members before being certified in the Commission.


 

The Accolade

Settlement with CSL and ISM over the Chieftain follows an equally pleasing outcome with the Accolade in November.

It started as a lockout in May last year. It was the annual lay-up of the Accolade II and the bulk carrier was shutdown at Adelaide Brighton Cement as a 'dead ship'.

"We thought something was up when they told us to get everything out of the freezer," said IR Paul Manual.

"First thing our members knew was their swipe cards were inactivated so they could not access the ABC facility or the ship when they went to report for work," said Branch Secretary Jamie Newlyn. "This was followed by a whistle blower at ABC who let us know they'd sighted labour on the vessel."

Paul Manual recalls they were out the gates two weeks.

"Management brought us into the union rooms and made us redundant by changing the classification for IR to marine technician," he said. "It was to get rid of the MUA. They also got rid of the two second mates and the cooks. The ship would have been unsafe."

The branch reported to national office and the union took the matter straight to the Commission seeking relief and orders. The commissioner gave ISM and the MUA an option to sit down and reach agreement for a trial period over crewing.

"Paddy and everyone was wise to what the company was doing," said Manual. "They're not fools. If the company could get away with it on the Accolade, they could have got away with it on every ship sailing within 200 nautical miles of the coast."

ISM wanted to reduce the number of IRs and had successfully approached AMSA to reduce IRs from 4 to 2. The union appealed and this led to AMSA changing to 3 IRs.

ISM also wanted to do away with the cook. The union insisted the position stayed. The Accolade embarks on a 14-hour voyage from 2am until 4pm in the afternoon. Take-away pizza or TV dinners were not up to scratch.

Eventually both parties agreed to a three-month review.

The crew walked back up the gangway minus one IR and over the next three months crew levels, work practices and the cook's tasks and duties were carefully monitored.

In November the review was finalised. Work practice issues were resolved and the cooks' position retained. The MUA will continue to sail the Accolade. And the first crew began training in maintenance.

"We still don't trust management but the blokes I work with are keen to learn a trade," said Manual, a construction worker and diver before going to sea. "Charlie Jones has gone off to train in welding and cutting. It will be an absolute benefit to work on the discharge gear. We're all happy with this. It's good."

Not tat it's all good back on board. Chief IR Eddie Seale reports that ISM sacked one of the cooks some weeks later for climbing over a fence to help a workmate who'd fallen over and was unconscious.

"We've still got problems," he said. "But they are leaving us alone for now. But they still could go us again.

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