In response to the formal correspondence dated 23 September 2020, we have now been advised that Patrick have followed the Freight & Trade Alliance (FTA) and Australian Peak Shippers Association (APSA) recommendation to address outstanding claims with the Maritime Union of Australia (MUA) via the Fair Work Commission (FWC).
NB: see Patrick advice HERE
FWC PROCESS
Patrick has requested that industrial action be ‘terminated’ because of its potential to cause significant damage to the Australian economy.
FTA / APSA understands that should the FWC hear the case and order the termination of industrial action at Patrick, normal stevedore operations would commence with the parties to participate in a 21 day ‘intensive bargaining’ period (this can be extended with consent of the parties for an additional 21 day bargaining period).
At the conclusion of this period(s) the FWC will arbitrate on any outstanding matters. As required, the parties have recourse options through courts of appeal.
EVIDENCE OF ECONOMIC IMPACT
FTA / APSA has extended to Patrick an offer that we would act as an ‘expert witness’ to support claims of there being significant economic impacts.
In anticipation of this outcome, we thank members who have already provided details of commercial and operational impacts to their businesses, customers, retail, farmer and rural communities. Importantly, these members have also permitted us to use this detail as evidence and to quote them as a part of this process.
We encourage more exporters and importers to do the same and for our freight forwarding members to reach out to their clients (large corporates and / or small to medium enterprises) who are prepared to have their statements heard by FWC and / or for detail to be used in our ongoing media campaign.
DPWA – MUA Breakthrough in negotiations
Freight & Trade Alliance (FTA) and the Australian Peak Shippers Association (APSA) have just received advice that there appears to be light at the end of the tunnel in the negotiation between DP World Australia and the Maritime Union of Australia.
The below was issued by The Daily Cargo News (DCN) and includes commentary from Andrew Adam . DPWA Chief Operating Officer and Paddy Crumlin, MUA National Secretary
This is all welcome news and we can only hope that if the new agreements are signed between the MUA and DPWA that other stevedores currently in negotiations work to similar outcome to the benefit of the Australian economy.
A NEW workplace agreement is expected between DPWA and the Maritime Union by the end of the month.
DPWA chief operating officer, terminals, Andrew Adam, said the Maritime Union’s “decision to withdraw all industrial action at DP World Sydney has enabled productive negotiations at our Sydney terminal to resume”.
“We anticipate being able to finalise an agreement at DP World Sydney in the coming week. We’re encouraged with the progress we made this week in Sydney,” Mr Adam said.
The union issued a statement hailing what it called a “breakthrough” in negotiations, having last week suspended industrial action at the terminals as a show of “good faith”.
MUA national secretary Paddy Crumlin said the breakthrough demonstrated proper application of bargaining was capable of resolving long-running disputes.
“By meeting together this week to bargain in good faith, DP World Australia and the MUA have been able to achieve a significant breakthrough, reaching an in-principle agreement that both sides hope to finalise by the end of this month,” Mr Crumlin said.
“After two years of difficult negotiation, this is a significant breakthrough that will provide industrial certainty at Australia’s largest container terminals.
“We are currently working with the company to turn this in-principle agreement into a final document that will lock in fair and productive outcomes for workers and the company over the next four years.”
Mr Crumlin said efforts during the past week showed that when both sides sat down “in a mature fashion”, results could be delivered.
“This breakthrough outlines a path for other stevedoring companies to resolve outstanding issues, rather than beat up public anxiety in an effort to drive political agendas or attempt to gain unfair and cynical leverage in negotiations,” he said.
“We remain committed to delivering increased and demonstrated best practice productivity on the waterfront, but only as part of a social contract with the workforce that delivers improved conditions and a shorter working week.”
Unfortunately we also have to advise that we have received from Patrick Terminals advice that another action under the PIA will take place at their Sydney terminal next Monday (This is in addition to what was advised in our mail campaign earlier today)
Road Operations will cease: Monday 28 September 2020 last zone 2000 and return to normal operations Tuesday 29 September 0600 zone
