38 minute read
NEW RULES: Council calls for Female and First Nation positions on union executive
The Struggles That Made Us DESIGN PRIZE
Working class communities have always been thriving with a rich cultural life, and the MUA has long woven our industrial and political work into the social fabric of the communities from which we are drawn.
The Poster Coinciding with the 150th anniversary of our union, the Maritime Union of Australia are calling for submissions of a “The struggles that made us” poster or artwork that addresses or is inspired by the struggles, events or historical figures amongst Australian maritime workers. E.g. Harry Bridges, Elliot V Elliot, Jim Healy, Brian Manning, 1998 Patrick dispute, Boonaroo or Japarit, Charles “Chicka” Dixon or the Dalfram Dispute. The Prize The winning design will attract a $5,000 prize (second place $1,000), and the artist will be flown to Sydney for the launch of the poster or artwork on May Day 2022. Submissions Submissions are open until 31 January 2022. Contact us For specifications and other details please email us at MUADesignPrize@mua.org.au
COUNCIL CONCERNS
Council votes for a voice for women and First Nations to be enshrined in union rules, workers’ capital, global solidarity action and green jobs for the future
Council has called for the representation of women and indigenous Australians on the union executive to be enshrined in the union rules.
National Secretary of the Maritime Union Division of the Construction, Forestry, Maritime and Mining Union, Paddy Crumlin, told councillors in October the move would ensure diversity in the union by giving indigenous Australians and women representation at the highest possible level. “If you are going to find the voice of diversity you have to find the voice in your own organisation and lock that in,” he said.
Also top of the agenda was workers’ capital and how it can best leverage wage, social and environment standards.
“Ultimately that’s what got us to 2050 with zero carbon,” he said.
The move has led to a corporate/ government backlash.
“We are at the forefront of workers’ capital,” said Paddy Crumlin. “Big banks and government are challenging industry super. They are determined that the Future Fund control workers’ retirement savings and that corporations control the Future Fund.”
The National Secretary is co-chair of the Global Unions Committee on Workers’ Capital and chair of the ACTU Workers’ Capital Executive Committee, and has been invited to chair the ACTU Centre for Workers’ Capital.
With about $872B in industry funds accountable to members and Environment Social Governance (ESG) values, the Morrison Government is determined to remove trade union representation from super boards and force mergers to undermine ESG principles. This is despite industry super outperforming private superannuation.
Also high on the council agenda was mobilising along global union networks during disputes, the upcoming federal elections, overcoming insecure work, the challenges of Covid, the next wave of 5G automation, the supply chains crisis and the 150th anniversary of the union.
On the miners’ demerger with the CFMMEU, Paddy Crumlin said he did not want to see any split sour relations between miners and maritime workers after a century of solidarity.
“The miners are dealing with an existential crisis as the world shuts down coal mining,” he said. “It would be like the world’s oceans drying up for seafarers.”
The MUA is working with the mining and energy division to create new jobs in offshore wind despite ongoing court action.
Federal election
Guest speaker, opposition leader Anthony Albanese joined councillors online in a minute’s silence in honour of former MUA leader John Coombs.
He described Coombs as a legend and the Patrick dispute as a fight for values.
“Your members were on the front line on behalf of all working people,” he said.
As well as honouring the union’s past leadership, Albanese gave a ‘shout out’ to MUA national officer and Junior Vice President of the ALP Mich-Elle Myers for her organising work on behalf of the party.
The Labor leader briefed council on preparations for the upcoming federal election, reconfirming his commitment to Australian shipping and Australian seafaring jobs as ‘unfinished business’.
Dave Noonan, National Secretary of the CFMMEU said he regarded the government, employers and the Australian Building and Construction Commission as the enemy, not the miners.
“So, let’s talk about how we can have an impact on the federal election,” he said.
Council debated how best to contribute to a Labor victory that would bring back Australian flagged and crewed shipping.
Shipping will be the focus of the union’s marginal seats campaign.
Noonan congratulated the Maritime Union on the organising win at VICT terminal, Webb Dock, and the solidarity action at home and abroad against Qube.
The CFMMEU national secretary said he would hold the top position only until rule changes were ratified and MUA Division National President Chris Cain could step up.
In turn, Christy Cain lauded Noonan and the construction division for coming to the aid of maritime workers in time of crisis.
“We could not have held the line without you,” he said. “Construction workers’ backing during both blues showed what union solidarity could achieve.”
Job security
Secretary of the Australian Council of Trade Unions Sally McManus outlined how research pinpointed insecure work as a key concern among Australian workers – whether construction workers, university lecturers, maritime workers, or gig economy workers.
“We know from our work that’s strongly felt,” she said. “Bosses have found different ways to turn permanent jobs into insecure jobs – because it cheaper and gives them more power.”
A recent ABC radio survey found 88% of listeners ticked job security as the big issue.
Casualisation and contracting out was growing. Offshoring and the gig economy were threats.
The ACTU is mobilising unions to include job security in all their campaigns and enterprise bargaining. Labor has already committed to legislating it if elected.
International
Craig Harrison, National Secretary Maritime Union of New Zealand addressed council on how the NZ Labour Government was about to announce a coastal shipping policy. The union is also lobbying for a return of the trans-Tasman trade with jobs for Australian seafarers.
Scott McDine, Sydney regional office director ITF reported on the push to enable regional nations to manufacture their own Covid vaccines while the ITF’s Asia Pacific Dockers Organiser Paul MacAleer spoke about challenges facing dockworkers organising in Southeast Asia – especially the coming of 5G and automation in inter model terminals, port privatisation in India and the upcoming general strike in South Korea. Bernie Farrelly of the Tas Bull Seafarers’ Foundation, reported on Seafarer Connect free wi-fi for ship’s crew being rolled out around the coast, benefiting around 2000-3000 seafarers each month.
ITF Australia Co-ordinator Ian Bray reported on US$3.2M in backpay won for foreign crew, 382 ship inspections, 150 repatriations and the 13 Australian seafarers given jobs on FOC vessels in the past year.
Top: Labor leader Anthony Albanese reaffirms party commitment to crewed Australian shipping Left: ACTU Leader Sally McManus outlines secure jobs campaign Right: MUA National Presiding Officer Christy Cain chairs online
Organising Strategy
Despite the pandemic and state lockdowns, the union has finalised 57 enterprise agreements including 28 on the waterfront and 14 in shipping and towage, Deputy National Secretary Warren Smith reported. In blue water the union had wrapped up seven of eight EAs covering MUA seafarers on government services ships.
Smith also called for the union to oppose the new AUKUS alliance
and redirect the billions of dollars currently earmarked for nuclear submarines into hospitals, schools, firefighting, and renewable energy.
Offshore Wind
The MUA is leading the way in ensuring renewable energy jobs of the future for MUA members and other workers, while developing climate policy and campaigns.
“Our offshore members will continue to work in offshore, especially decommissioning,” said WA Branch Secretary Will Tracey. “But the renewable sector is critical to the future for our seafaring membership. We aim to get them on the hydrogen export ships just like the gas buggies.”
The Blue Economy report released in September found a potential for 5,000-9,000 jobs in offshore renewable energy in Australia by the 2030s.
Meanwhile the NSW, NT and WA branches have been actively joining First Nations people opposing the development of onshore fracking and coal seam gas projects on their land. National Research Officer Penny Howard reported on bills before parliament to enable offshore wind projects to go ahead, offshore safety and decommissioning.
A report for National Energy Resources Australia in February found that decommissioning and removing disused oil and gas projects would cost $52B and include 1,008 offshore wells, 57 fixed facilities and 4,960 kilometres of 82 pipelines, creating jobs in offshore oil and gas.
Shipping
A global supply chain crisis and price gouging by international shipping is helping get the union message across within the government of the importance of Australian shipping in strategic trades.
“We’re getting some traction,” said Assistant National Secretary Jamie Newlyn, outlining the union’s 20-point plan to rebuild national shipping, regulate international shipping and reform the Modern-Day Slavery Act. National Research Officer Penny Howard reported that the union’s Stopping the race to the bottom on Maritime Safety in Australia report and recommended changes to the Navigation Act and National Law, now had government support, with an independent review underway.
Union relations with the Australian Maritime Safety Authority have also improved with Assistant National Secretary Jamie Newlyn representing the MUA on the new AMSA Shipping Consultative Forum.
Uluru Statement from the Heart
National indigenous officer Thomas Mayor spoke on campaign research and polling that found the percentage of Australians likely to vote yes in a referendum for a constitutionally enshrined voice in parliament has grown 8% since March 2020 to 57%. The focus now is on ensuring the referendum goes ahead in the first term of a new government in 2022.
Meanwhile the union has made social compacts with the Bulgur Ukbah, Quandamooka, Jingilu Mudburra, and Gurindji First Nations to ensure they get jobs on their lands and in their waters.
The union is also supporting a racial discrimination case against the Australian Electoral Commission for allegedly discriminating against Aboriginal people from remote communities.
Women & Communications
The Federal Government has failed to implement ILO Convention C190 on Violence and Harassment in the World of Work, National Women’s Officer Mich-Elle Myers reported. The ACTU’s 2018 sexual harassment survey found nearly two thirds (64%) of women and more than one third (34%) of men who responded had been victims of workplace harassment.
Meanwhile union policy is for all EBAs to include paid domestic violence leave. This is not always the case.
“One in 20 EBAs do not have it in the agreements,” said Myers. “We need to fight harder.”
Myers outlined how the union is reengaging with White Ribbon under its new leadership to campaign against domestic violence.
Communications
The union has appointed Tom HarrisBrassil as its new Communications Policy Officer and engaged an ACTU IT specialist to upgrade the MUA website.
Stevedoring
WA Branch Secretary Will Tracey reported that all terminal agreements had been completed except for Patrick Stevedores, where the union is still in dispute. He said the company is attempting to tear up 50 pages of job conditions and strip away job security. Protected action is ongoing, despite conservative media attacks and company misinformation campaigns.
Meanwhile DPW has mandated compulsory Covid vaccinations. Assistant National Secretary Adrian Evans said more than 90% of the workforce was fully vaccinated but 100 waterside workers’ jobs were on the line. In Victoria the state government has also adopted a ‘No jab, No job’ policy for workplaces. Union policy is to encourage members to get vaccinated, while arguing it should not be mandatory.
Youth
Border closures and lockdowns had inhibited the work of the youth committee, national organiser Aaron Moon reported. But MUA youth were now ramping up activity especially around the campaign for a Just Transition and school strikers for climate.
Veterans
Fred Krausert, president MUA veterans, highlighted government attacks on Medicare, a proposed cashless card for pensioners and the threat of war.
“The conditions our forefathers fought for are disappearing,” he said. “Medicare must be protected. We don’t need nuke subs, we need peace. Peace is union business.” • (Full report next MWJ)
COUNCIL RESOLUTIONS
1. Policy and Strategy 1.1 Workers’ Capital
Recommendations 1.1
That National Council: i) Note the Report ii) Acknowledge the importance of the MUA’s and ITF’s role in progressing and leading the global and Australian workers’ capital agenda and work program; iii) Requests that officials ensure they continue to explore opportunities to include a capital strategies element in union industrial, organising and growth campaigns; and iv) Authorises the National Secretary to continue to allocate resources to this body of work.
2. Organising Strategy 2.1 Bargaining overview
Recommendation 2.1:
That National Council congratulate the Qube rank and file and WA branch for an outstanding and unprecedented dispute and victory. The gains made against huge odds reflect a solid and determined victory against a company that was not prepared to move at all. The sacrifice of the Fremantle wharfies and the strong leadership of the WA Branch stands for all to see in this victory against Qube
2.4 AUKUS – No to Nuclear Submarines – Jobs and health, not nukes
Recommendation 2.4:
That the MUA campaigns with the peace movement in opposition to AUKUS and nuclear submarines.
3.2 Offshore Decommissioning
Recommendations 3.2.2
That National Council: i) Work with the ACTU to ensure that government follows through with promised improvements to offshore safety legislation and seek for this to be further improved. ii) Develop a clear policy agenda to support proper decommissioning of oil and gas infrastructure in Australia, and ensure that it supports good, safe jobs and environmental outcomes. As a start, this would include: a) Ensuring that the oil and gas industry cannot make the argument that there is any ‘socio-economic benefit’ to leaving oil and gas equipment in place. b) Increased transparency of the decommissioning task and when production has ceased from individual oil and gas facilities. c) Ensuring the government follows through with December 2020 plans to require oil and gas companies to provide financial assurance for decommissioning. d) Ensuring the highest possible standards for ‘deviation from removal requirements’ and what the required ‘equal or better environmental outcomes’ means. e) Supporting the establishment of WA and East Coast decommissioning yards to fully dismantle and recycle oil and gas equipment, and that it prioritises hiring workers from facilities reaching end of life. f) Identification of any gaps in the new ‘enhanced’ decommissioning framework. g) Ensure that the government’s decommissioning of the Northern Endeavour and the associated Laminaria and
Corallina oil fields sets the highest possible standard for other decommissioning projects. h) Measures to ensure workers are supported as facilities shut down, for example, a training fund and priority for work in offshore wind and hydrogen projects. iii) Raise awareness among members of the new Aging Assets policy and NOPSEMA Directions and develop strategies for gathering industry knowledge of members about decommissioning. iv) Develop union knowledge and capacity to engage directly with
NOPSEMA for approvals for the process of decommissioning projects, including transparency and consultation on ‘deviations from removal requirements’. v) Seek union representation on the NERA Centre of
Decommissioning Australia (CODA). vi) Campaign around the legislation for the Laminaria and Corallina oilfields decommissioning levy when it is introduced and ensure high standards and local dismantling and recycling are attached to work carried out using the levy. vii) Facilitate public education about the importance of full decommissioning and the jobs associated with it, and the other measures necessary to ensure emissions reduction in the oil and gas industry includes a just transition.
3.3.1 Offshore& Offshore Wind
Recommendations 3.3.5
That National Council: i) Note the report ii) Thank all the branches that made donations to ensure the Blue
Economy report on the potential for offshore wind in Australia could be carried out. iii) Continue to allocate resources to ensure the MUA can effectively carry out work on developing our union agenda for securing a safe climate and good jobs in future industries. iv) Develop a strategy to get the harmonised WHS system
properly implemented for offshore renewables. This may involve allocation of resources to commission a report on international best practices or doing so through the ITF. v) Continue to develop local, regional and national campaigns to support the establishment of good union jobs in offshore renewable projects in Australia. vi) Continue to work with the climate movement and other organisations to ensure they understand the importance of a just transition, public ownership and securing good union jobs in renewable energy and other future industries as emissions are reduced. Participate in climate mobilisations that show they have properly considered and incorporated these issues into their work. vii) Continue to oppose the investment of substantial government funds into opening new onshore gas basins and pipelines opposed by First
Nations such as the Narrabri and
Betaloo basins.
4. Growth & Campaigns 4.1 Shipping
Recommendations 4.1
That National Council: i) The report be noted and Council endorse the continuation of the
Shipping Campaign. ii) Council notes and thanks Rod
Pickette for his long service and dedication to the Australian
Shipping Campaign and the comprehensive submissions and policy documents produced for the benefit of the Union and alternate ALP Government.
4.5 Future of Seacare
Recommendation 4.5
That National Council: i) Note the report ii) Pursue options to secure the
future of a national Seacare workers’ compensation scheme. iii) Continue to pursue the removal of minimum employment periods from the Seacare specified disease list. iv) Continue to pursue the removal of the 2006 Ministerial Direction that allows an exemption from
Seacare if an employer can secure lower cost insurance elsewhere. v) Continue to pursue the process of maritime WHS harmonisation. vi) Develop a strategy for the Seacare
Shipboard Code of Practice to be taken up by HSRs and the maritime industry. vii) Develop a strategy to ensure that there are adequate numbers of trained HSRs across vessels, and that they are properly elected and able to use their full powers. viii) Support the development of temporary online delivery of HSR courses under the OHS(MI) Act, subject to quality assurance and feedback from members in those courses.
4.6 AMSA and maritime safety
Recommendation 4.6.3
That National Council: i) Continue to pursue the broad reforms to the Australian maritime safety system, outlined in the document “Stopping the race to the bottom on maritime safety”, May 2021 ii) Participate in any other AMSA consultations and reviews to achieve the best possible outcomes for maritime workers.
4.7 National Indigenous Officer Report Uluru Statement from the Heart
Recommendation 4.7
That National Council: i) Continues the support for the campaign for a constitutionally enshrined Voice to Parliament. ii) Supports the Aboriginal men and women who are taking on the discrimination claim against the
Australian Electoral Commission. iii) National Council endorses a donation of $10,000 from
National Office to the Tranby
Library and Archives Project.
4.8 Women’s Report
Recommendation 4.8
That National Council: i) The MUA division support the work by the women’s committee. ii) Endorses support for 16 days of action and the campaign to ratify
ILO C-190. iii) National Council will participate in and ensure the branch visibly participates in the 16 days of action. iv) recommend proceeding with the White Ribbon workplace accreditation process. v) National Council commit to ensuring the new Mutual
Respect and Social Media Policy is distributed at all meetings and on branch counters. vi) The updated bullying and harassment policy is distributed to members and made available on branch counters. vii) All MUA EBAs to have Family and
Domestic Violence leave over and above the NES. •
TEAMNew
STRATEGIC LEADERSHIP
Chris Cain, president of the Maritime Division of the Construction Forestry Maritime and Mining Union is to become national secretary of the CFMMEU.
An executive meeting of the CFMMEU on 17 June voted in favour of a rule change which will enable Cain to fill the position until elections in 2023.
Cain is standing on a platform of returning rank and file democracy and activism to the super union. “Thanks to wharfies and seafarers – all of you – we’ve got the best agreements in the country through militancy and struggle,” Cain said in his parting YouTube message to the branch.
“I’m looking forward to the challenge of bringing the CFMMEU divisions together to be the most powerful, militant, progressive and strategic organisation in the labour movement,” he told MWJ.
The move, after 18 years as secretary of the MUA WA branch, triggered a national reshuffle of the Maritime Division.
It also preceded a vote from the Mining Division, to go it alone (see overleaf).
National Council has appointed former Deputy National Secretary Will Tracey to replace Chris Cain as WA branch secretary. Jason Campbell, Tasmania branch secretary remains deputy president, with Paul Keating, Sydney branch secretary and Glen Williams, Newcastle branch secretary elected to the vacant vice president positions, while retaining their branch posts.
Warren Smith, assistant national secretary steps up as deputy national secretary.
Former South Australian Branch Secretary Jamie Newlyn and WA Deputy Branch Secretary Adrian Evans have moved to fill the assistant national secretary positions as Ian Bray has been appointed by the ITF to replace long term ITF coordinator Dean Summers. Alongside the reshuffle, National Council, in June voted on a rule change to create two new assistant secretary positions allocated to women and First Nations people.
The rule change on the assistant secretaries is to go to the membership at annual general meetings in November with the new positions included on the upcoming 2023 union elections.
“The reorganisation has delivered long-term, very experienced and widely respected current officers of the union into a new restructure and responsibilities that will reinforce our union values and structure based on teamwork and more strategic thinking,” said MUA National Secretary Paddy Crumlin.
“The MUA rule change embeds a voice for First Nations people and women in the union. It is a truly
Paddy Crumlin
historic move which again puts the MUA at the forefront of progressive change and is in line with the national conference of members determination seeking greater diversity and representation in the union leadership.”
Both Mich-Elle Myers, national women’s officer and Thomas Mayor, national indigenous officer, who currently on the executive, welcomed the move.
“We are responding in the strongest way possible to the Uluru Statement from the Heart to enshrine a First Nations voice in the constitution, by leading the way and enshrining a First Nations Voice in the union constitution,” said Mayor.
“The MUA has always been champion of diversity within the union, empowering women and indigenous members,” said Myers. “This rule change cements our commitment to equality and diversity.”Coo-ordinator of the International Transport Worker’s Federation, Dean Summers, has retired after nearly two decades in the role.
Ian Bray has resigned his position as assistant national secretary to fill the role.
Long-time Assistant ITF Coordinator Matt Purcell remains Australia’s deputy ITF coordinator.
NEW ROLES
With the new positions come new responsibilities, with more focus on a greater strategic co-ordinating role for the national shipping and the international flag of convenience campaigns.
Paddy Crumlin, CFMMEU president, MUA national secretary and ITF president and dockworkers chair, maintains overall responsibility for the union and the ITF.
Deputy National Secretary Warren Smith is chair of the Waterfront Commission and responsible for Hutchison, NSS, Qube and waterfront maintenance alongside blue water shipping responsibilities with CSL, Inco and Teekay shipping, union education, safety and peace activism.
“The operation of the union nationally has been fundamentally altered with broader collective responsibilities through a reinvigorated national executive,” Smith said.
“The comrades who have moved on to different responsibilities outside the MUA are still effectively part and parcel of our ongoing struggles, expanding our national capacity and our ability to fight in the interests of the members.”
Assistant National Secretary Jamie Newlyn will chair the shipping commission, the ITF cabotage task force and national shipping campaign in conjunction with the ITF seafarers’ section. He also represents the union on the Australian government’s maritime skills council and international campaigns. In blue water, Newlyn is responsible for Bass Strait stevedoring and shipping (Toll, TT Line and SeaRoad). He also has leadership of LNG and towage. In stevedoring, Newlyn is responsible for members at Patrick terminals. Newlyn, a wharfie and seafarer, who led the SA branch for more than 17 years, will work closely with Bray, Myers and the ITF shipping taskforce on a broader shipping campaign. The goal is for the ITF to target abuses on the ships that have replaced Australian seafarers on the coast and reclaim those trades.
“I went to sea in 1988 as one of the first integrated ratings and worked a variety of ships over a decade, the majority oil tankers,” he said. “We don’t have one Australian oil tanker left on the coast. It’s a disgrace and contemptuous attack by a succession of conservative governments showing gross negligence to national security and the Australian economy.”
The campaign will also tie in Workers’ Capital to ensure companies complicit in modern day slavery on the Australian coast, will come under greater scrutiny from shareholders. The union goal is to prompt investment in more Australian-crewed vessels.
A newly established Transport Forum will engage other transport unions covering road and rail, also losing cargo and jobs to Flag of Convenience shipping on the coast together with the systematic attacks on union organisation in Australian road and rail supply chains, in the campaign.
“Our job is to look after the welfare of all seafarers and get Australians back up the gangway,” said Bray. “I’m currently working with the union coordinating an international campaign to defend and protect cabotage. The focus of that campaign will include holding corporations like Alcoa to account for their $3M wage theft of foreign seafarers and human rights abuses. They got rid of Australian seafarers. Now its time to bring them back.” (See Portland video on MUA YouTube)
Assistant National Secretary Adrian Evans will chair the Offshore Commission. His prime responsibilities are DP World, Victoria International Container Terminal, Linx, floating production facilities, offshore oil and gas, offshore safety, youth, dredging and diving. He is also responsible for legal, governance and youth. Evans will work alongside Will Tracey on offshore wind projects and offshore oil and gas decommissioning.
Evans has worked as an ITF inspector, then branch official out of Fremantle since 2007.
“My key goal is improving conditions for members and keeping the bosses accountable,” he said.
Myers, the union’s women’s liaison officer, is also campaign co-ordinator and holds responsibility for social media.
Mayor now works full time as national indigenous officer while being promoted as the first indigenous executive officer of the union.
Newly appointed vice presidents Paul Keating, Sydney branch secretary and Glen Williams, Newcastle branch secretary, are on the union executive team alongside Deputy President Jason Campbell. “I’ve been an official 14 years, and it’s an honour to take that next step giving branches a voice on the national executive, continuing that tradition of branch involvement in the highest day to day decision making of the union,” Williams said.
ZOOMING IN
The 13-strong national executive now meets monthly on Zoom and face to face.
“Covid triggered the necessity to meet more regularly, using digital platforms,” said Field. “It allows us to pull in others as well. That’s been really unique. The executive previously met around National Council and as required outside that. Even with border restrictions and social distancing regulations, virtual meetings will continue. There are cost and time efficiencies coming out of it too with the minimisation of travel and the flexibility to meet remotely with minimal notice.”
BRANCH RESHUFFLE
The reshuffle across national executive has also flowed on to the branches where Paul McAleer’s move to the role of ITF Asia Pacific Dockers’ organiser has seen Paul Keating step up as Sydney branch secretary and Paul Garrett as his deputy. Port Botany waterside worker Brad Dunn, formerly DP World Port Botany delegate was endorsed by the Sydney branch committee as assistant Sydney branch secretary.
Adelaide waterside worker, Brett Larkin has replaced Jamie Newlyn as SA branch secretary.
In Western Australia, MUA & Offshore Alliance organiser Doug Heath has been appointed deputy branch secretary. Following WA Assistant Branch Secretary Danny Cain’s resignation (due to illness), Branch Organiser George Gakis has been appointed assistant branch secretary.
Meanwhile Christy Cain returns to his role as MUA national president and takes over the role of NT assistant secretary - vacated by Thomas Mayor, until the rule change is ratified by the Fair Work Commission for him to lead the CFMMEU.
“Christy has been on secondment to the CFMMEU national office since January to work in any position that requires his extensive industrial leadership,” said Paddy Crumlin. Under the new rules any official of the CFMMEU national executive collegiate (which includes MUA National Council) can be CFMMEU national secretary. Previously only the four divisional secretaries could stand for the position or fill the casual vacancy. “Christy Cains nomination broadens out the democratic accountability across all divisions of the CFMMEU,” said Crumlin who has also been appointed president of the new union. •
COUNCIL RESOLUTIONS
June
Resolution 1
National Council resolves to make amendments to the rules of the union to create two (2) additional Divisional National Assistant Secretary positions at the next quadrennial election. One to be eligible for nomination by a First Nations person and the other by a woman and also meeting all other criteria under the rules for nomination. The criteria for nomination to the positions should be examined so as to meet the union rules and any relevant legislation. The proposed amendments to the rules will be taken to a Special Meeting following this year’s AGMs in accordance with the union’s rules.
Resolution 2
Divisional National Council notes the resignation of Thomas Mayor from the Office of Northern Territory Divisional Branch Deputy Secretary of The Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy Union with effect from 5.00 pm on Thursday 10 June 2021.
Divisional National Council resolves to appoint Chris Cain to fill the casual vacancy in the Office of Northern Territory Divisional Branch Deputy Secretary of The Maritime Union of Australia Division (Division) of the Construction, Forestry, Maritime, Mining and Energy Union in accordance with Rule 42 of the Rules of the Division with effect from 5.01 pm on Thursday 10 June 2021.
Resolution 3
Divisional National Council notes the resignation of Will Tracey from the Office of Divisional National Presiding Officer of The Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy Union with effect from 5.30pm on Thursday10 June 2021.
Divisional National Council resolves to appoint Chris Cain to fill the casual vacancy in the Office of Divisional National Presiding Officer of The Maritime Union of Australia Division (Division) of the Construction, Forestry, Maritime, Mining and Energy Union in accordance with Rule 15(c)(iii) and Rule 42 of the Rules of the Division with effect from 8.30am on Friday 11 June 2021.
UNIONS OPPOSE MINERS SPLIT
CFMMEU and the ACTU oppose miners’ push to go it alone.
The Construction Forestry Maritime, Mining and Energy Union national executive is opposing a move by its Mining and Energy Division to split from the union after a bruising leadership battle.
Hearings on the demerger proceedings commenced in the Fair Work Commission on June 8, with the Australian Council of Trade Unions also opposing the move.
The miners lost their court action, but are appealing the decision.
National conference of the mining and energy (ME) division voted unanimously to split from the union in February.
The vote came after the ME leadership held a secret meeting with the then Federal Attorney General Christian Porter to push through new legislation in December 2020, facilitating union demergers.
The ALP national conference in May resolved to repeal the legislation when elected to government.
The Fair Work Act previously prevented unions leaving five years or more after amalgamation.
Amendments to the Fair Work Withdrawal from Amalgamations Bill 2020, in December, did away with the time limit. They also eliminated any requirement for a postal ballot of members.
ME lawyers nevertheless argued the amalgamation date was 2018, when the MUA (and textile union) joined the union, rather than the 1992 date when the Miners Federation joined the CFMEU and before it incorporated the energy workers.
MUA National Secretary Paddy Crumlin joined CFMEU National Secretary Dave Noonan to express concern that the mining division “negotiated a secret arrangement with Minister Christian Porter behind the backs of the ACTU and the Australian trade union movement.”
They noted Porter was the same minister pushing to replace unionised labour with casuals and contractors in the mines and other industries. He has since faced historic rape allegations, which he denies.
The CFMMEU contends the miners failed to consult within the democratic forums of the union and wider trade union movement.
CFMMEU members in all industries have always stood together through many tough times over many decades during constant political and industrial attacks –whether at the Gordonstone mine or on the Patrick picket line.
“We continue to support and will fight for mineworkers’ rights to safe and secure jobs, a future in the coal industry, and in mining communities everywhere – whatever the outcome,” Crumlin and Noonan said. •
3-pronged SHIP STRATEGY LAUNCHED
ITF and MUA work in tandem with road and rail industry on getting Australian seafarers back on the coast
Unemployed seafarers were on the grass outside Parliament House on 22 June, as the Maritime Union launched a three-pronged campaign to get Australian-crewed ships back on the coast.
The union has joined forces with road and rail industries also bleeding freight to flag of convenience shipping. At the same time, it is galvanising the International Transport Workers’ Federation Flag of Convenience campaign to focus on foreign ships replacing Australian vessels on the coast.
Maritime workers, trade unionists, and members of parliament joined the Australian seafarers outside parliament where MUA National Secretary Paddy Crumlin addressed the crowd.
“Shipping is an essential industry that is the backbone of the nation’s economy, but the federal government is allowing Australia seafarers to be replaced with exploited foreign workers,” he said. “The Morrison Government hasn’t just stood by and watched the decline of Australian shipping, it has actively encouraged it,” he said.
The rally was followed by Labor
leader Anthony Albanese launching the film “The MV Portland - A Documentary” by Melbourne film maker Abi Richardson at Parliament House on 23 June. The film is also streaming on MUA Facebook and YouTube.
Former crew who attempted to defend Australian jobs by staging a 62-day sit-in before security guards dragged them from their bunks in the dead of night in January 2016, were at the launch, alongside Labor members of Parliament. “Since the Coalition Government was elected in 2013, we’ve lost half our remaining fleet of Australian cargo vessels, taking with them the jobs of more than 500 Australian seafarers,” said Crumlin.
“This campaign isn’t just about getting Australian seafarers back up the gangways of Australian ships,” he said. “As an island nation, we need to be self-reliant, we need a strategic fleet that can ensure our fuel security and keep essential goods supplied during a conflict, economic crisis, or pandemic. “It’s about fixing a broken system,” he added. “International shipowners are using the Covid crisis to gouge freight rates, seriously impacting Australian businesses. They are using the pandemic to imprison exploited crew on board for a year, two years.”
So open slather is the use of foreign ships on the coast it is also taking cargo off Australian rail and road transport.
“Long haul rail is going out the back door,” said ITF Australia Co-ordinator Ian Bray. “Logistics companies are coming under increasing commercial pressure. They say they can’t compete with foreign shipping picking up and dropping off domestic cargo. They are alarmed and want to work with us to fix the problem. So, we have a broader alliance now.”
Senator Glenn Sterle (ALP) organised a Supply Chain Sovereignty Forum, at Parliament House, Canberra in March. At the forum were industry heavyweights such as Pacific National, SCT Logistics, the Victorian Transport Association, Maritime Industry Australia Ltd, the Australian
– Paddy Crumlin
National Line and Stolt Australia alongside representatives of Shadow Labor ministers and crossbenchers (including Senator Pauline Hanson).
The hope is that industry collaboration might finally shift the Coalition to undertake substantive reform of its coastal shipping policy.
The MUA was represented by the National Secretary, Assistant National Secretary Jamie Newlyn and National Officer Mich-Elle Myers, with support from policy adviser Rod Pickette.
Other unions represented included the Rail Tram and Bus Union, the Transport Workers Union and the Australian Maritime Officers’ Union.
The National Secretary linked supply chain sovereignty issues across transport modes both nationally and internationally, highlighting geopolitical concerns in the region (see overleaf).
SCT Logistics founder and rail operator Peter Smith lamented the growing amount of domestic container freight being carried on temporary licence, foreign-flagged liner vessels.
SCT analysis shows an almost tenfold increase in TEU carried by foreign shipping between 2012 and 2019 (Brisbane-Fremantle and Sydney-Fremantle) and triple from Melbourne, according to departmental coastal trade licensing data.
MUA analysis shows this container traffic could keep a dedicated Australian registered vessel in operation. The Palaszczuk Government has already committed to investing in Australian shipping, engaging Deloitte Access Economics to assess the viability of a new service between Townsville and Brisbane.
Retired Air Vice Marshall John Blackburn, who also attended the Canberra forum, stressed supply chain sovereignty went beyond transport modes. It was also about what we should be producing in Australia and the need for Australia to have a strategic fleet. This would include supply vessels for offshore wind construction and maintenance and green hydrogen exports, as well as general cargo, fuel and a container vessel. A strategic fleet could be called on in emergencies like bushfires and floods.
CABOTAGE CAMPAIGN
Newly appointed ITF Australia Coordinator Ian Bray and MUA Assistant National Secretary Jamie Newlyn, under the national secretary, are jointly heading the tightly coordinated campaign to reclaim the Australian coast.
“The priority is getting Australian crew up the gangway,” said Newlyn.
For Newlyn it is personal. He spent 10 years at sea, mostly on oil tankers, only to see them all disappear.
“The decline in Australian shipping doesn’t leave a lot of space for optimism, but when you see the strategy we are putting forward, there’s every hope for success,” he said.
Newlyn said working hand in hand with the ITF would inject new activism into the Australian shipping campaign.
“We will link with the ITF cabotage taskforce and the Flag of Convenience campaign,” he said. “The FOC campaign should be more about how to direct shipping back to flag states instead of simply trying to improve conditions for foreign crew.”
Crew exploitation on FOC shipping is institutionalised; trying to solve it case by case has failed.
ITF inspections of foreign ships will have particular focus around the world on vessels trading in coastal cabotage voyages where Australians have been removed, as the priority focus of the worldwide cabotage campaign.
“Inspections will be targeted,” said Bray. “It’s time for the ITF to go through a renewal. Because I worked on the shipping campaign it wasn’t lost on me where I thought the gaps were. We are now focusing our inspections on charterers and operators who have sent Australian seafarers down the gangway.”
Top of the list is Alcoa, responsible for sacking the MV Portland crew. The US-based multinational is getting taxpayer subsidies and reduced royalties from both Victoria and WA only to employ exploited foreign crew on the Australian coast.
In March 2020, the Isle of Man FOC bulk carrier Berge Phan Xi Pang was carrying alumina from Portland to Bunbury when the ITF discovered the Chinese crew were not being paid the Australian minimum wage. The ITF got the crew $60,000 they were owed.
“The company has undermined cabotage. It is an irresponsible corporate citizen,” said Bray. “We now have proof it is responsible for millions of dollars in wage theft from foreign seafarers on our coast.”
Alcoa owe their Burmese crew alone $3M in backpay, according to the ITF.
“We are naming and shaming these irresponsible ship owners and calling for them to be banned for two years each time we uncover abuse,” Bray said.
The campaign will also use workers’ capital to highlight the serious abuses of labour and seafarers rights. “We’ve uncovered a pattern of behaviour with charterers like Alcoa – human rights abuses, wage theft and modern-day slavery,” Bray said. “We intend presenting our findings to shareholder forums to change the behaviour of these companies.”
Origin is also on the union blacklist. It has four mini tankers on temporary licences for 10 years trading on the Queensland coast and another running out of Port Kembla. BP do not have a single drop of their fuel transported in Australian crewed ships.
Canadian Steamship Line employs foreign crew on half their bulk carriers working the Australian coast on temporary licences.
Canada’s Seafarers’ International Union and CSL have agreed that if no Canadian vessels are available for domestic cargo, Canadian seafarers must crew the foreign flagged ships. The MUA wants the same policy in Australia.
In April the MUA protested in support of Canadian seafarers fighting to stop CSL undermining working conditions.
“This is how our campaign links into the ITF international FOC campaign,” said Newlyn. Meanwhile National Office has prepared a number of policy documents arising from National Conference resolutions to strengthen the legislation supporting Australian flagged and crewed shipping. •
See also ALP Conference shipping policy p64
Record 3-year ban
FOR ASWAN SHIP
Australia has slapped an unprecedented three-year ban on the Panama flag of convenience bulk carrier MV Maryam. The ban, which prevents the vessel entering an Australian port, was announced by the Australian Maritime Safety Authority on 1 June.
It comes after a tip off from unions in February and one of the longest ship detentions on record.
Mick Cross, MUA Port Kembla branch secretary, called in the ITF after crew got word out they needed help.
ITF inspector Dan Crumlin went on board with Cross to speak to the captain. They found the owner Aswan Trading had failed to pay key contracts, leaving the ship without fuel for the engine, power and lighting.
“It’s a horrible situation,” Cross told ABC News. “The company left the seafarers with just about nothing on board – no food, water and fuel – in the most horrific conditions you can imagine. “It is absolutely unacceptable to have people lifting buckets of seawater to be able to use their toilets on board,” he said. ITF Australia coordinator Ian Bray resolved the dispute on 29 May.
“A crew change was effected by helicopter,” he said. “All off signers were paid the last of their outstanding wages and taken to the airport. AMSA thanked the ITF for their assistance.”
The ship’s master wrote to Bray on the crew’s return to record their thanks to the union. “We, off signers have arrived at our homes safe,” wrote Capt. Polat Soylu. “I want to thank you, Paul, Mick (and) all ITF inspectors. It is inexpressible what you have done for me and for my crew since the first day. We are grateful, thankful. “We had terrible days but you made it very easy for us by supporting us in every way,” he added. “We are appreciate (sic) that we met you. Please convey my gratitude to everyone in Maritime Union.”Arthur Rorris, Secretary, South Coast Labor Council also wrote to congratulate the union: “What a wonderfully fitting acknowledgement of another victory of the ITF/MUA and all who support you and #Uniontown. Mick, please convey our congratulations to all the comrades involved.”
A month earlier AMSA banned Aswan sister ship Movers 3 for 18 months (see p56). In 2020, AMSA detained 178 ships, banning five from Australian shores for three to 12 months, according to its annual port state control report released in June. AMSA noted a 20% increase in deficiencies and a 9.2% increase in detentions. •
MUA crew sail FOC ship to Korea
Five Australian seafarers have set sail on board the Marshal Islands Flag of Convenience bulk carrier MV Sincere to Korea. They replace Indonesian crew who wanted off after being ‘treated like animals’ and called on the ITF for support. See page 34
