MUA closer to resolving text-message sackings

The MUA has agreed to tear up its EBA with Hutchison as it seeks to secure the fate of 97 wharfies sacked by SMS.

Sacked worker Hannah Matthewson on the picket of the Hutchison terminal at the Port of Brisbane. Pic Darren England.

The Maritime Union has agreed to tear up its prized enterprise bargaining agreement with Australia’s third-largest stevedoring firm, Hutchison, as it moved closer to a deal to secure the fate of 97 wharfies involved in the text message sacking saga this year.

Following weeks of conciliation in the Fair Work Commission, the union and Hutchison agreed to extend talks ahead of a November 16 deadline for a new EBA and to roll out a voluntary redundancy program before the company embarked on compulsory sackings.

The MUA was last night considering Hutchison Ports Australia’s proposal that workers marked for compulsory redundancy could possibly rejoin the firm as casuals who would then be able to transfer to permanent roles if the company renegotiated its commercial deals with shipping lines.

The union also agreed to drop a federal court case it brought against Hutchison to halt the sackings, as foreshadowed by The Australian yesterday.

Mark Jack, acting chief executive of Hutchison Ports Australia, said the company was negotiating in “good faith” but despite yesterday’s breakthrough its future in Australia was uncertain.

“HPA is a committed commercial ports operator, but we are also realists. All options for our future will have to be considered,” Mr Jack said.

“Creating a sustainable long-term workforce is the only way forward for both the company and HPA’s workers.”

The “enhanced” one-off voluntary redundancy program is available to the full workforce, including the 97 sacked workers, with a payout double that offered under the existing EBA.

“At the conclusion of the voluntary program and reassessment of future positions required, the business will confirm the final number of redundancies,” the proposal states. “HPA proposes to offer a deed outlining a framework for possible re-engagement of redundant employees.”

But the reprieve for some of the workforce comes on the strict condition the union signs a new EBA to bring the company’s labour costs in line with industry standards.

Among the more contentious terms in Hutchison’s proposed EBA is an increase in the working week from 30 to 35, a move intended to reduce overtime costs.

Hutchison’s 2013 EBA drew criticism from competitors in the industry for its 30-hour working week and other concessions.

As well as providing for the introduction of casuals, currently precluded under the existing deal, Hutchison’s proposed EBA sets out flexible rostering arrangements, changes to make public holidays “voluntary” and an “interim reduction to superannuation contribution until increased volumes”.

A furore erupted in August when it emerged that the company had alerted the “sacked” workers by sending a text message at 11pm ­directing them to an email, which had an attachment outlining their ­redundancy terms. The MUA won a temporary federal court injunction on August 13 against the sackings, when it successfully argued the company had failed to properly consult with workers over the redundancies.

The union was made liable for the wages of the sacked workers pending a resolution with the company — this liability will end under the conciliation extension.

The union last night said talks were “positive” but it was still considering the full proposal.