Wharfies sacked via text message set to gain reprieve

The 97 wharfies sacked via text message are set to be thrown a lifeline in the Fair Work Commission today.

The 97 wharfies involved in this year’s text message sacking saga will be thrown a lifeline by Hutchison Ports under a deal to be put to the Maritime Union in the Fair Work Commission today.

Following weeks of conciliation between the company and the union in the wake of the fiasco, the proposal from Hutchison stevedores will ensure workers marked for redundancy could rejoin the company as casuals, on the strict condition the union signs a new enterprise bargaining agreement to bring the company’s labour costs in line with industry standards.

Furore over the sackings erupted when it emerged that workers received a text message at 11pm ­directing them to an email, which attached a letter outlining their ­redundancy terms.

The new EBA, which must be signed by November 16, would introduce casual employees for the first time, who would be able to transfer to permanent roles if the company renegotiates its commercial deals with shipping lines.

Mark Jack, acting chief executive of Hutchison Ports Australia, told The Australian last night the terms in the proposed new EBA were “comparable terms to our competitors, and absolutely vital for the continued operation of a third terminal operator in Australia.

“This is needed to stabilise the business, and we are confident the union understand this is a necessary component of a business case to keep a third terminal alive.”

The union will also be offered an “enhanced” one-off voluntary redundancy program, available to the sacked 97 workers and the rest of workforce, that offers double the terms available under their 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 deal states.

“HPA proposes to offer a Deed outlining a framework for possible re-engagement of redundant employees.”

The Australian understands that Hutchison Ports intends to agree to the union’s request for an extension to the conciliation deadline which falls on Wednesday next week.

It’s also understood the MUA has signalled it is willing to withdraw its Federal Court petition against the forced redundancies.

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.

However the extension to the conciliation and the decision to suspend the redundancies is conditional on the MUA putting to the workforce a secret ballot on the proposed new EBA.

Among the more contentious terms included in the proposed new agreement 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 for its working week and other concessions.

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