Sacked by text, wharf workers win reprieve in court

‘HEARTLESS’ company that tried to fire nearly 100 workers via SMS has been dealt a blow overnight.

WHARFIES in Sydney and Brisbane who were sacked via text message have been granted a reprieve.

The Maritime Union of Australia (MUA) embarked on an 11th-hour battle in the Federal Court on Thursday to secure court orders barring Hutchison Ports from terminating the employment of nearly 100 workers.

The union argued Hutchison breached its enterprise agreement by failing to adequately consult workers and ignoring a dispute resolution clause before announcing the forced redundancies. Workers were informed by late-night text messages and emails that their last day of employment would be Friday, August 14, in a move that triggered lengthy blockades at the company’s port facilities in Brisbane and Sydney.

In a late-night court sitting on Thursday, Justice Darryl Rangiah agreed to grant a temporary order that that block Hutchison from going through with the sackings until a full hearing in September.

Court adjourned shortly before 9pm, and Justice Rangiah confirmed he would formally make the orders before the clock struck midnight.

They include an undertaking from the union to cover worker wages paid between now and when the matter is finally determined in the event that the forced redundancies are deemed to have been lawful.

“My present view is that the applicant has demonstrated a prima facie case of breaches,” Justice Rangiah said on Thursday.

Warren Smith from the MUA told reporters the decision reflected “basic justice”.

“It’s a decision everyone on the picket line out there wanted to hear, and I think it’s a decision that every member of the Australian public who stands up for justice and stands up for a fair go wanted to hear as well,” Mr Smith said.

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

Counsel for Hutchison, John Fernon SC, suggested earlier on Thursday that Justice Rangiah was being asked to make an “extraordinary order” that was akin to reverse slavery.

“In the same way that slavery is dead, it has never been law that the employer is forced to employ a worker for whom they have no work,” Mr Fernon said.

But the union has dismissed that suggestion, saying there is plenty of work available.

“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,” Mr Smith said.

“They could do it overnight and there’s easily work for everybody there.”

The matter returns to court for trial on September 1.

TIMELINE OF A TEXTING SAGA

* Thursday, Aug 6 — 94 workers sacked in late-night texts from shipping giant Hutchison Ports Australia

* Friday, Aug 7 — Unions seek urgent Federal Court injunction against sackings — Employment Minister Eric Abetz says sackings by text may be appropriate

* Saturday, Aug 8 — Labor and Maritime Union of Australia (MUA) call Eric Abetz’s comments “heartless” — Rallies of more than 175 people in Brisbane and Sydney — Guards on Hutchison ports gates and workers unable to clear their lockers

* Sunday, Aug 9 — Supporters continue picketing Hutchison ports

* Monday, Aug 10 — Picketing continues at Brisbane and Sydney Hutchison ports — Power cut to Brisbane picket line, backed up by generators from unions — Deputy President Anna Booth orders an end to picketing at Fair Work Commission hearing in Sydney — HPA CFO Chee Keong Chan says industrial action should “cease immediately”

* Tuesday, Aug 11 — Picketing continues for fifth day — Maritime Union of Australia Veterans join Sydney picket — Qld MUA secretary Bob Carnegie denies picket is operating, calls it “peaceful community protest” — Qld Treasurer Curtis Pitt and other Labor politicians visit Brisbane port to back protesters

* Wednesday, Aug 12 — MUA files court documents alleging Hutchison breached enterprise agreement — MUA seeks injunction plus penalties and damages for workers

* Thursday, Aug 13 — A Federal Court judge grants temporary orders to halt Hutchison Ports’ plans to sack the workers — NSW Ports Minister Duncan Gay says “being let off by text” is inappropriate

Originally published as Sacked by text, wharf workers win reprieve in court