Fair Work umpire steps in to head off ports dispute

The Fair Work Commission has intervened in the national ports dispute and will consider ordering tug boat operator Svitzer not to lock out workers on Friday.

Maritime Union of Australia national secretary Paddy Crumlin accused Svitzer of engaging in heavy-handed tactics. Picture: John Feder

The Fair Work Commission has intervened in the national ports dispute and will consider ordering tug boat operator Svitzer not to lock out workers on Friday.

Acting on its own initiative, the commission announced on Tuesday evening that it had called a hearing for midday on Wed­nesday where it will consider making an order to stop Svitzer taking the action at 17 ports across the country.

In a statement, acting commission president Adam Hatcher said Svitzer had been bargaining with unions for a new enterprise agreement for three years.

Detailing Svitzer’s lockout announcement, he highlighted the company’s assertion that the lockout would result in no shipping vessels being towed in or out of 17 ports and shipping ­operations in five states would be impacted.

He said the company’s announcement had caused the commission to consider making an order under section 424 of the Fair Work Act “to suspend or ­terminate protected industrial ­action by Svitzer”.

Mr Hatcher said the commission must make such an order if satisfied that the protected industrial action “has threatened, is threatening, or would threaten to cause significant damage to the Australian economy or an important part of it”.

He cited an application by Svitzer in February for orders to stop 48-hour strikes by the Australian Maritime Officers Union.

The commission made the orders because it was satisfied the action threatened to cause significant damage to an important part of the Australian economy. At that time, the commission made findings as to the actual damage caused or potential damage to be caused by the industrial action.

“These findings give rise to a concern that the protected industrial action recently announced by Svitzer may similarly threaten to cause significant damage to the Australian economy or an important part of it,” Mr Hatcher said.

Workplace Relations Minister Tony Burke had earlier urged Svitzer to hold off locking out its workforce until Labor’s changes allowing the commission to arbitrate “intractable” industrial disputes were passed by the Senate.

Ports Australia had called for government or commission intervention to stop the lockout and the disruption to supply chains.

Declaring the protracted enterprise negotiation had gone on for too long, a Port Australia spokeswoman said “This now has national consequences. It affects everyday supplies that Australians rely on such as construction materials, machinery, medicines, fuel and food. There needs to be an intervention to get this matter resolved as soon as possible.”

ACTU secretary Sally McManus said the company was “demonstrating the immense power that employers have when it comes to bargaining”.

“Svitzer are the ultimate abusers of power threatening Australia with widespread harm to get their own way,” she said. “Tugboat workers have not had a pay rise for nearly four years now and over this time the company has seen eye-watering profits.”

Maritime Union of Australia national secretary Paddy Crumlin accused the company of engaging in heavy-handed tactics, and imposing a wage freeze through years of unsuccessful negotiations for a new agreement.

He said the amount of industrial action being taken by workers against Svitzer was “three-quarters of bugger all”.

“They’ve applied to go back to the award,” he said. “They know that won’t survive the new IR legislation so they’ve pulled this stunt on.”