Patrick Deal Brokered

PATRICK DEAL BROKERED

MUA victory after bitter two-year dispute

Waterside workers at Patrick terminals in the four ports of Sydney, Melbourne, Fremantle and Brisbane overwhelmingly voted up their hardfought enterprise agreement in March.

Assistant Secretary Jamie Newlyn, who led the negotiations, said 98.5% of members at stop work meetings voted for the agreement. “Patrick tried to strip away our conditions, but at the end of the day despite federal government intervention and vilification in the media, worker solidarity won the day,” Newlyn said.

The new agreement covering around 1000 waterside workers, provides industry leading wage increases – 4% the first year then 2.5% or the equivalent to the CPI, whichever is higher. This locks in financial security for members and their families against inflation.

Newlyn said the new EA also provided a pathway for casual workers to move into permanent jobs. There is an added agreement of no forced redundancy due to automation.

“From the Sydney perspective we defended our 2016 agreement and secured collective rights and dignity at work,” said branch secretary Paul Keating. “We’ve got a recruitment process for indigenous workers, women and unemployed maritime workers. Around 90% of the workforce in all four ports are on a salary.”

Patrick Stevedores is the last of the five companies covering Australian container terminals to reach a union agreement – but not without putting up a fight.

Negotiations were politicised, with the federal government weighing in behind the company. Shock jocks and the Murdoch press hammered the union with lies and fear mongering. But workers stood their ground with countless protected actions strategically rolled out around the country.

From afar, dock unions around the world watched closely, while sending messages of solidarity.

Company Strike

At the outset management set out to strip away conditions and security of employment, Newlyn reported. They played hardball, walking away from negotiations and refusing to meet for nine months.

“Not only did we have to strategically apply action away from COVID breakouts, but we also had to contend with a militant employer and Chief Exaggeration Officer negotiating by media, telling blatant lies,” he said. “Management ultimately coopted the Liar from the Shire – the Prime Minister himself – to claim the Protected Industrial Action (You know his Fair Work laws) had a back log of 40 ships off Port Botany and that he would bring the military in. There was no backlog.”

Patrick management then applied to the Fair Work Commission to terminate the agreement and drop back to the award. That would have done more harm to port productivity than any industrial action.

The basic Award would force workers and the stevedoring company to observe traditional 35-hour work weeks during ordinary business hours rather than 24/7 operations. It would also have also halved workers’ wages and removed fatigue rosters.

At the end of the day we won due to the fundamental union framework – solidarity from our members.

JAMIE NEWLYN

“If Patrick Terminals was successful in their application to abolish the existing Enterprise Bargaining Agreement, they would obliterate their own operational capacity by 80% at a time when the workforce was already impacted by COVID-19 isolation requirements and severe global supply chain bottlenecks,” said National Secretary Paddy Crumlin.

“This would be the ultimate example of cutting off your nose to spite your face,” he said in a media statement. “The Australian community cannot tolerate this kind of belligerent, aggressive and reckless approach to industrial relations at this critical time.”

The union pointed to record profits for Patrick Terminals’ parent company and shareholders, massive executive bonuses and new or expanded contracts signed by major shipping clients despite the COVID-19 pandemic.

On 6 January 2022, Patrick Terminals updated their pricing structure for international shipping clients, with Landside Import Container Tariffs at some ports increasing by 20%.

The parties were scheduled to attend the termination hearing in January. However, due to a senior legal counsel representing the MUA contracting Covid, the hearing was adjourned.

“As fortune would have it the FWC recommended we have a conciliation to try and resolve the issue,” said Newlyn. “We accepted the recommendation given the threat of termination hanging over our heads.”

National Secretary Paddy Crumlin joined the negotiations, Commissioner Riordan facilitated the discussions and the parties reached an in-principle agreement.

Newlyn thanked the membership for their patience and willingness to take action and hold the line even during the difficult times of the Covid pandemic.

“At the end of the day we won due to the fundamental union framework – solidarity from our members,” he said.

Throughout the dispute the MUA enjoyed the solidarity of national and international unions and labour organisations. These included the Australian Council of Trade Unions, the International Transport Workers’ Federation, the International Dockers’ Council, the US dockworkers’ unions ILA and ILWU and FNV Netherlands.

Newlyn also thanked the ITF Sydney Office and Asia Pacific headquarters in Singapore who are at the ready to provide further support if and when required.

“Terminating the agreement was all about stripping down wages and having a go at eliminating union influence in enterprise bargaining,” said Newlyn. “It was an absolute attack on workers. They know that Scott Morrison is on the way out and wanted to implement change before he goes.” •