Wharfies back at work after MUA wins right to fight Hutchison

Dock workers sacked last week by text message and email have won their jobs back — for now.

MUA (and supporters) picket the Hutchison terminal at Port of Brisbane. Picture: Annette Dew.

Dock workers sacked last week by text message and email have won their jobs back — for now — after the Federal Court ordered a temporary injunction against 97 ­redundancies by Hutchison Ports Australia.

Judge Darryl Rangiah ruled in favour of the Maritime Union of Australia’s ­“urgent” petition against the sackings, which were to come into effect today, on the basis that Hutchison failed to properly “consult” with its workforce over the restructure.

The court will hear the union’s full case against the sackings on August 31, including a claim for penalties and damages.

Wharfies at Sydney’s Port Botany where unions have run a seven-day picket line, were jubilant at the news last night.

“It feels like a win,” said Hutchison worker Paul Wallington, fighting back tears. “It’s been an emotional week, the people down here and the people from the community, it’s amazing.”

Justice Rangiah described as “incomprehensible” a text message that was sent to workers at 11pm last Thursday night.

The message said to check emails for details of the company’s “redundancy program”, and a ­letter attached to the email said there was no need to return to work, effective immediately.

The company unsuccessfully argued in court yesterday that a memo sent to workers last month amounted to “consultation”. It also argued there was no work at the port terminal.

Hutchison chief financial ­officer Chee Keong Chan has also stressed that the company had suffered “substantial financial losses”.

Union assistant national secretary Warren Smith said following the decision: “This is a company that has subcontracted its work to stevedores next door in the same harbour. It’s very simple for them to recall their subcontracted vessels. They can do it overnight and there’s easily work for everybody there.”

Mr Smith also said the MUA was prepared to reimburse all wages paid until August 31 if the court ultimately finds in favour of Hutchison.

“We don’t have a problem with that because we know we’re right. We’ll continue to fight for as long as it takes to get justice for workers at Hutchison.

“We’re hopeful now that the company will start to engage in some fair dinkum negotiations to get across the problems that do exist.

“We’re prepared to work through any problem the company may have. We went through the global financial crisis without one forced redundancy. I’m sure we can manage that at Hutchison Ports.”

The company declined to comment after the decision.