ALL EYES HAD turned to Melbourne’s docks over November and December 2017, as the industry watched an unlawful Maritime Union of Australia (MUA) blockade grow with speed and strength at Victoria International Container Terminal (VICT) in Port Melbourne.
Beyond the practical concerns of a blockade halting the import and export of goods, the MUA and the Construction, Forestry, Mining and Energy Union (CFMEU) conduct provided insight into the potential new behaviours of a union of combined strength, should they successfully merge this year.
On 27 November 2017, an unlawful picket initiated by the MUA was formed in front of the docks at VICT. In doing so, goods were prevented from import or export. This blockade delayed pharmaceutical goods, Christmas decorations and gifts, fruit, seafood, dairy products, and other perishable goods.
Initially, the MUA claimed that the dispute was triggered in response to the termination of an employee as a result of their union-delegate status. Later, VICT informed the public that the member’s employment was terminated after a security audit revealed they did not possess a Maritime Security Identification Card, as a result of their criminal history. As the blockade progressed, it became apparent that there were other driving factors to the MUA’s actions, as recorded speeches on the picket line showed MUA Deputy National Secretary Will Tracey exclaiming that the automation of stevedoring operations – pioneered in Australia by VICT – was something that the MUA fundamentally opposes.
VICT commenced legal action against the growing picket, and on 1 December, were granted a seven day long injunction to stop the MUA’s blockade, prohibiting members from picketing within 100 metres of the entrances to the VICT Terminal. This, however, did not prevent the blockade from continuing. It was maintained by the CFMEU and other trade union leaders, which culminated in a rally on 8 December. At this rally, John Setka, Secretary of the Victorian Construction division of the CFMEU, pledged support for the MUA boasting that the CFMEU had “big pots of gold to fight the good fight”.
On 12 December, VICT was forced to continue legal action to break the blockade outside their terminal. In doing so, VICT sought to extend the injunction against the MUA, to apply for an injunction against the CFMEU, and to apply for a representative injunction against Mr Luke Hilakari, the Secretary of the Victorian Trades Hall Council. When granting the injunction against Mr Hilakari, Justice McDonald noted that doing so was a very serious step. The behaviour on the docks since the injunction issued on 1 December, however, made it clear that should it not be granted, the behaviour would continue. Justice McDonald stated that the inference was compelling, that “since 1 December the MUA had outsourced to other unions coordinated by the Victorian Trades Hall Council the task of maintaining an illegal picket”. All three injunctions requested by VICT were subsequently granted.
Despite this, the picket continued, with MUA – and other union – banners continuing to be displayed on site, as union members blocked entrance to the terminal. On 15 December, VICT agreed to re-engage the casual employee that they had previously dismissed. The employee is not working, however, is receiving pay. In return, the MUA lifted the blockade of the terminal.
The Fair Work Ombudsman has confirmed that it is investigating the behaviour of the MUA at the blockade. The MUA may now also face contempt charges, and may be subject to damages claims by VICT of over $100 million.
The disregard for industrial laws demonstrated by the MUA and CFMEU are a clear indicator of the dangers posed to Australia’s industrial landscape should these lawless unions merge. If this were to occur, the newly-merged union would have an even larger ‘pot of gold’ to support illegal industrial action, and greater capacity to impact the resources industry from pit to port. AREEA maintains our support for the inclusion of a ‘public interest test’ for merging unions, and encourages parliament to pass the Fair Work (Registered Organisations) Amendment (Ensuring Integrity Bill) 2017 promptly when Parliament commences sitting in February.
