Christian Porter backs stevedore Patrick’s application to Fair Work Commission over MUA industrial action

The Morrison government will support stevedore Patrick’s urgent application to the Fair Work Commission to stop MUA industrial action.

The Patrick Port Botany container terminal has been affected by MUA industrial action. Picture: Ian Waldie

Attorney-General Christian Porter will intervene to support major stevedore Patrick’s urgent application to stop the Maritime Union of Australia’s industrial action at four ports, calling the union’s behaviour during the COVID-19 recession “simply unforgivable”.

Lodging its application with the Fair Work Commission on Monday, Patrick said Australia’s economy was losing hundreds of millions of dollars a day and its operations were three weeks behind schedule at Port Botany in Sydney as a result of stoppages, go-slows and overtime bans.

There are 40 ships and 90,000 containers off the Australian coast waiting to come into port.

Federal Health Minister Greg Hunt also cautioned the supply of medicines to Australians, including for oncology, arthritis, cardiovascular disease and diabetes, could be at risk if the industrial action continued.

The MUA, which has rejected Patrick’s draft enterprise bargaining agreement, wants a 6 per cent annual wage increase for four years and an overhaul of conditions across terminals in Sydney.

The draft EBA included guaranteed pay increases of 1.5 per cent and 2.5 per cent across four years.

Mr Porter said the MUA’s actions were a “slap in the face to the million Australians currently out of work who must be amazed by the apparent indifference of the union’s leadership to their plight”.

“For a union to be attempting to hold the national economy to ransom to leverage its push for a 6 per cent annual pay rise is simply unforgivable, especially at a time when we are in the grip of a global health and economic crisis,” he said.

“Given this threat to our economic recovery, I can confirm that the government will intervene in support of Patrick Terminals’ application to the Fair Work Commission for the MUA to immediately halt its action. It is vital that we see a quick resolution to this dispute.”

Patrick — which has asked the FWC to terminate or at the least suspend protected industrial action — said its ability to catch up on delayed operations was limited by the time-sensitive nature of goods that passed through their terminals at Port Botany, Melbourne, Brisbane and Fremantle.

“The impacts of industrial ­action are worsened by the current COVID-19 pandemic,” the application says. “For each day of lost operations, the value of disrupted goods is approximately $165.6m in imports and $66.9m in exports.”

Patrick chief executive Mich­ael Jovicic, who is seeking an urgent hearing, said the union was threatening to ramp up the industrial action this week and has notified of a 24-hour strike at Port Botany on Friday.

But MUA national secretary Paddy Crumlin accused Patrick and the government of making “false claims” that limited, legally protected industrial action was causing major shipping delays, including to medical supplies.

“It is nothing more than an attempt to use community fear to force through attacks on workplace rights,” Mr Crumlin said.

“The only industrial action that has occurred at the Patrick container terminal in Port Botany has been a single four-hour stoppage about four weeks ago, along with bans on working excessive hours.

“This morning, wharfies asked Patrick management to identify any containers carrying medical supplies, either on the dock or on berthed vessels, so they could be prioritised.

“Supervisors were unable to identify a single medical container in need of transport.”

Labor on Monday refused to weigh into the dispute, with opposition industrial relations spokesman Tony Burke on leave.

Opposition sources said it was best to be dealt with by the Fair Work Commission but pointed out the MUA was taking protected, lawful industrial action.

National Farmers Federation chief executive Tony Mahar said Patrick’s Port Botany terminal operating at 40 per cent capacity was threatening the recovery from drought and COVID-19.

The port is critical for getting red meat, pork, grain, wool and cotton to overseas markets. “More than ever, farmers need Port Botany running smoothly,” Mr Mahar said.

“Instead, the MUA’s latest stunt has seen vessels delayed by up to 18 days and surcharges pile up. This industrial action has made congestion exponentially worse. The congestion surcharges put in place by shipping companies equate to $17 per tonne of grain and $5 per bale of cotton. This essentially means that up to 5 per cent of the final price for these goods is being frittered away on a situation that should never have eventuated.”

Stevedores DP World and Hutchison Ports also have been targeted by the MUA, with the former close to striking an agreement after the union withdrew industrial action.