Industrial rounds
Win in the West
DAMPIER: The WA branch had a big win in the Pilbara in February when visiting Croation crew on the Bahamas Flag of Convenience vessel Ettley Danielsen refused to unload a shipment of pipes at Hamersley Iron service jetty and the whole workforce walked off the job in support of the MUA and the ITF.
Hamersley Iron, part of the giant Rio Tinto multinational group, had ordered the ship into the company jetty bypassing the public wharves and local stevedoring workers - MUA members.
Branch Secretary Chris Cain managed the dispute working with local International Transport Workers' Federation inspector Ross Storer, alliance unions and MUA members.
"We got a message from our people on the ground in Hamersley about what was happening," said Chris Cain. "It was rumoured the 400 tonne shipment was coming in and going to be done by the company, not the licensed stevedoring company Toll where our members work. Once it arrived and we got the name of the vessel, Ross tracked the agent down and found it had an ITF agreement, which now includes a clause saying no seafarers will do stevedoring work when dock workers are available."
It also stipulates that seafarers not be ordered to do cargo handling and other work, traditionally and historically done by members of an ITF affiliated dock workers' union when an official trade dispute is taking place, which would affect the resolution of such a dispute."
National Secretary Paddy Crumlin was one of the leaders of the International Bargaining Forum that won a new international agreement for FOC seafarers on around 6,000 international vessels. It includes the dockers' clause, which protects wharfies work. Seafarers aboard FOC vessels covered by the agreement can not do work traditionally done by shore and port workers including lashing and other mooring work.
This is becoming an increasing problem, not only in Australia but worldwide, and resulted in the MUA being successfully prosecuted under the Trade Practices Act four years ago for action taken by the Union to protect the rights of the MUA members working in hold cleaning areas to protect their jobs.
"Hamersley were hell bent on stopping the MUA," said Chris Cain. "They wouldn't let our wharfies go onto the job. They set out to bypass the union."
But when a 44 tonne load was loaded onto the back of 28 tonne trailer and a steel beam fell from the wharf into the sea, nearly cleaning up two or three scaffolders working below, safety became a key issue.
The ship's crew refused to resume unloading and when Hamersley were reported to be looking to get people on site to do the work, delegates at the site called a mass meeting of around 1000 workers. When the company banned the meeting, the workers, members of the AMWU, CFMEU, CEPU and the TWU, all met off site.
The workforce resolved to go home for 24 hours in protest at the safety breaches. The resolution was also in support of the MUA and the ITF agreement.
Only then did Hamersley agree to move the ship back to the Dampier and allow MUA wharfies to discharge the cargo.
"The WA Branch congratulates the alliance unions, the ITF and the ships crew for taking a stand over safety," said Chris Cain. "Recognition must also go to MUA National Secretary Paddy Crumlin who played a big part in getting the docker's clause locked into the IBF agreements. It's a good result. It shows what international unionism can achieve."
MUA-AWU Alliance Wins Rigworker Justice
KARATHA (9/2/05): The alliance for offshore oil and gas industry workers between the Maritime Union and the Australian Workers' Union has paid off for a rigworker who was unfairly sacked in the Timor Sea.
The Australian Industrial Relations Commission has ordered compensation of up to 10 weeks' pay for the man after finding his dismissal last August by Premium Casing Services was "without valid reason and was harsh, unjust and unreasonable."
AIRC Deputy President Leary said that company Managing Director Wayne Gregory had based his decision for the sacking "almost entirely on hearsay and innuendo." He also rejected claims of an alleged assault being the reason for the dismissal, saying: "It seems to me that had the allegation been properly investigated it would have been found that no assault took place and (the applicant) would have continued in employment."
The union alliance successfully sought the arbitration orders from the Commission after two conciliation hearings last year failed to resolve the case. The alliance was represented in the Commission by the MUA's National Organiser Mick Killick and National Industrial Officer Rod Currie.
"This is a victory for workers in the oil and gas industry and particularly those who work in the JPDA," said Mick Killick.
The MUA and AWU joined forces in the alliance in May 2003 to end demarcation disputes, promote collective agreements and improve wages and occupational health and safety standards for around 5,000 workers in the billion-dollar offshore oil and gas industry.
The unions are jointly organising at major offshore sites including the Timor Sea, North West Shelf and Bass Strait involving operators such as Woodside, Exxon/Mobil, BHP Billiton, Newfield Exploration, Apache Energy and Chevron.
Win for Women
SYDNEY: The union won nine weeks maternity leave for women covered by the Sydney Port Corporation EBA in January, Assistant Branch Secretary Warren Smith reports.
The EBA links the maternity leave clause to the Crown Employees Award, which covers public servants. So when the Crown Employees Award upped maternity leave to 14 weeks recently, it immediately flowed through to the the Sydney Port Corporation EBA.
Dialogue with the Minister
SYDNEY: Branch officials met with NSW Planning Minister Craig Knowles in February to discuss the proposed closure of Darling Harbour and the expansion of Port Botany. But only after going public with the union's displeasure with the state government.
NSW Premier Carr again failed to discuss his plans with the unions or workers regarding Darling Harbour before announcing them in the media.
So the union did likewise. Branch Secretary Robert Coombs retaliated with a media release to remind the Premier that the closure will result in job loss and that the union will continue to oppose the move until a workforce plan is implemented. The branch secretary also described our opposition to the introduction of a third operator in Port Botany in any expansion plans.
As a result the minister personally contacted the branch secretary asking for an immediate meeting.
Assistant Branch Secretary Warren Smith also joined the talks, helping voice the workers' frustrations about the planned closure of the port.
"We have consistently said that we understand that Port Botany is the most appropriate facility for expansion in NSW," said Robert Coombs. "But a full and comprehensive strategy must be developed that includes a support mechanism for members who will be displaced in any closure of the Darling Harbour facility. We have also said that any comprehensive plan should include a long term strategy for both Newcastle and Port Kembla."
As a result the NSW Government is contacting stakeholders who employ MUA members to ensure that a more strategic approach is taken.
The union welcomes this new approach.
Meanwhile the NSW Commission of Inquiry into NSW Port Expansion still continues.
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