Get all your news in one place.
100’s of premium titles.
One app.
Start reading
Newcastle Herald
Newcastle Herald
National
Ian Kirkwood

The 'family and friends' deal and the battle on the waterfront

UPLIFT AND DOWN TOOLS: Cranes at Patrick's Brisbane wharves, one of the scenes of the MUA's legal industrial stoppages. Picture: Patrick Terminals

IN the 1970s, Bob Hawke was ACTU secretary, Australia was known as the strike-bound "land of the long weekend", and "no ticket, no start" closed shops were the order of the day.

Hawke became prime minister in 1983 and while he and Paul Keating might have been socially progressive, they presided over the dismantling of union power in this country, with John Howard then finishing the job from 1996 onwards.

Today, the trade union movement is on its knees, membership wise.

The latest ABS figures have 14.3 per cent of some 10.4 million employees as members, down from 51 per cent of the workforce in 1976.

TIMELINE: Union membership has gone from 51 per cent of the working population in 1976 to just 14.3 per cent last year, according to the Australian Bureau of Statistics. Wharf work was once back-breaking manual labour but is now mainly mechanised and automated. Still, MUA members have maintained and even improved their working conditions over the years by acting collectively, when workers in many other industries appear to have lost the will to fight for wages and conditions by striking.

Across these decades of change, two groups have been able to maintain something like their old bargaining power in the workplace.

They are coalminers and maritime workers.

Stalwarts of the hard industrial left, their "touch one, touch all" collectivism has made them the idols of socialist dreamers, and the bane of the bosses.

Both are part of the Construction, Forestry, Maritime, Mining and Energy Union, while operating as separate entities.

I mention this background because it's been a busy year, industrially, on the waterfront.

You may remember Patrick Stevedores from the wharf wars of 1998, when Peter Reith, Howard's union-busting industrial relations minister, came to the aid of then-owner Chris Corrigan.

Patrick's are still big today, with terminals in Sydney, Melbourne, Brisbane and Fremantle.

LAST CENTURY RIGHT NOW: An image from the MUA's Twitter feed distributed this week after Patrick's went to the Fair Work Commission to have its enterprise agreement with the union terminated. Picture: @MaritimeUnionAU

Corrigan sold out in 2006 and created a company called Qube, which in turn joined with Canada's Brookfield in a 50/50 deal to take back control of Patrick in 2016.

He later retired as Qube chairman but the union still loves to paint him as an absentee landlord directing traffic from his homes in Switzerland and Italy.

Qube's present chairman is Allan Davies, ex Rio Tinto and Whitehaven and another union bete noire.

(Qube runs its own terminals, and the MUA has also been in dispute with it, as shown in the accompanying videos.)

LAST YEAR'S BATTLE:

The latest chapter of an ongoing battle between Patrick and the MUA took place on Tuesday when the company asked the Fair Work Commission to terminate the enterprise agreement that sets the conditions at its terminals, after two years of attempts to negotiate a new agreement.

One thing that sets this dispute apart from what little industrial action we still have in Australia is the grip the MUA retains on who gets a job and who doesn't.

The waterfront has always been clannish and territorial, but in my experience as an industrial reporter the union would generally dispute accusations of nepotism.

In August, another stevedoring company, Hutchison Ports Australia, signed an enterprise agreement with straightforward clauses giving the union the power to determine 70 per cent of the workforce.

Such written binding authority would have been a big win 40 years ago, but in 2021 it stands in stark opposition to the modus operandi in most Australian workplaces: which is, rightly or wrongly, that what the boss says goes.

The Hutchison enterprise agreement says 40 per cent of appointments will be "from friends and family of employees covered by this agreement", with 30 per cent "from the MUA" and 30 per cent from the company.

Hutchison defended the deal at the time, saying it still gave them flexibility, but other employers and employer groups were quick to bag it, fearing the inevitable follow-on claims.

Assistant national MUA secretary Jamie Newlyn says employers have "unfettered control" of employment on the waterfront and that the Hutchison deal is an "exception by agreement".

Patrick, in turn, says similar clauses are part of the union's log of claims, and points to "more than 220 industrial actions" at its various terminals, - painting the MUA as the Grinch stealing Christmas with supply chain delays. Newlyn says Patrick's claims are "confected outrage".

The MUA, for its part, blames the supply chain delays on COVID, which is undoubtedly hurting the movement of goods.

COLLECTIVISM: The logo says it all. 'An injury to one is an injury to all.' Picture: Maritime Union of Australia Queensland branch Facebook page

The union says COVID regulations are also making pariahs of the generally poorly paid Third World crews who are stopped from disembarking at most ports, including Australia's, because of coronavirus fears.

Patrick says it has about 1080 stevedoring employees. It says that as things are, "average" full-time earnings at Port Botany, including bonuses and overtime, are $172,214.

The average number of working days it puts at 198.

The Melbourne figures are $151,048 and 162 days, Brisbane $153,880 and 173, and Fremantle $166,464 and 181 days.

Patrick says it is offering four annual 2.5 per cent increases - a compounding increase of 10.3 per cent overall - and that "the world has changed, and we need to be able to recruit and promote the best people for the job rather than be hamstrung by antiquated union-led processes and policies that restrict our business".

The union says its members are "simply seeking fair pay and job security at a time when Patrick is enjoying spectacular growth in cargo volumes".

Where you sit on this depends ultimately on your view of capitalism and the only tool a worker has: the withdrawal of their labour.

TODAY'S NEWS: MUA and Patrick's slug it out on the waterfront

Sign up to read this article
Read news from 100’s of titles, curated specifically for you.
Already a member? Sign in here
Related Stories
Top stories on inkl right now
Our Picks
Fourteen days free
Download the app
One app. One membership.
100+ trusted global sources.