Date: Mon, 4 May 1998 13:19:56 +1000
From: pmargin-AT-xchange.anarki.net (Profit Margin)
Subject: AUT: 3 news items on Oz wharves


 1.                  High Court paves way for reinstatement of wharfies

[ABC Australia - [sMonday 4 May, 1998 (12:37pm AEST)
 [space]

[Latest Bulletin]  Patrick Stevedores has lost an appeal in the High
[Newslink]         Court against the reinstatement of its 1,400 Maritime
[Radio Australia]  Union of Australia (MUA) members.
[State News]
[Business News]    The High Court's majority judgement allows for the
[Sport News]       reinstatement of the workers, if the company's
[Olympics news]    administrator decides to resume trading.
[Rural News]
[Features]         The full bench said that the orders made by Justice
[Weather]          North in the Federal Court and which are to be varied
 [space]           by the High Court actually provide for the
 [Regional News Serrestoration of the labour supply agreements that were
                   in force before April 7 this year.

[ABC News Guide]   That is if the administrators decide to resume
[About This Site]  trading.
[Search]
                   The judgement says it is not the orders made but a
                   decision to resume trading that may see the employees
                   return to work.

                   The judgement also says that the courts do not,
                   indeed cannot resolve disputes that involve issues
                   wider that legal rights and obligations.

                   They are confined to the ascertainment and
                   declaration of legal rights and obligations and when
                   legal rights are in competition, the judgement says,
                   the courts do no more than define which rights take
                   priority over others.

                   It continues by saying in the orders which follow in
                   the High Court this morning, priority is given to the
                   powers of the administrators of the employer
                   companies but subject to those powers the orders seek
                   to restore the position that existed prior April 7
                   when the workers were originally dismissed.

                   And that position will be achieved the court says
                   only if undertakings are to be given to protect
                   amongst others the creditors of the employer
                   companies.

                   Reaction

                   John Bornstein, a member of the legal team
                   representing the MUA, says the decision is a complete
                   win for the MUA.

                   He says there has been a slight alteration in the
                   position of the administrator but overall the ruling
                   is victory for the 1,400 sacked workers.

                   ACTU president Jennie George speaking at Sydney's
                   Darling Harbour says the decision is a victory for
                   all workers and spells the end for the career of
                   Workplace Relations Minister Peter Reith.

                   She says this is the first time in her lifetime she
                   has seen the union movement united over an issue.

                   At Melbourne's East Swanson Dock, the Victorian
                   Trades Hall Council secretary Lee Hubbard told
                   jubilant wharfies the real work was still ahead but
                   waterfront reform was possible if the parties got
                   around the conference table.

                   At Brisbane's city's Albert Park about 10,000 union
                   supporters are celebrating the High Court decision.

                   The news that the crowd wanted to hear came through
                   via live broadcast.

                   The scene was one of jubilation and festivities, the
                   celebrations expected to go on throughout the day.

                   Union leaders are claiming Labour Day 1998 will be
                   remembered as another victory to the Austalian
                   worker.

                   Unionists have vowed to keep solidarity strong and
                   say today's events sent a clear message to the
                   Federal Government.

                   ------------------------------------------------------

2.                    Court says wharfies should return of administrator
                 [strades
[ABC Australia - OnMonday 4 May, 1998 (12:40pm AEST)
 [space]

[Latest Bulletin]  The High Court has found sacked Patrick wharfies
[Newslink]         should return to work but only if the administrator
[Radio Australia]  resumes trading.
[State News]
[Business News]    The court has varied the orders of the Federal Court
[Sport News]       to give more power to the administrator.
[Olympics news]
[Rural News]       Patrick was also ordered to pay the High Court costs
[Features]         of the Maritime Union of Australia (MUA).
[Weather]
 [space]           In her judgement, Justice Mary Gaudron completely
 [Regional News Serupheld the Federal Court's decision.
                          [space]
                   Justice Ian Callinan was the only judge to find in
[ABC News Guide]   favour of Patrick.
[About This Site]
[Search]           Coombs

                   But MUA boss John Coombs says while the court
                   decision is a great victory it is not the full
                   answer.

                   "I need to say to you, and we'll be saying it
                   abundantly and saying it right around the country,
                   that we are not going back on their terms and if we
                   have to stay out a bit longer to get back on our
                   terms we'll stay out a bit longer," he said.

                   He has called on the banks and Patrick to provide the
                   necessary funding to ensure the labour hire
                   companies, which employ the MUA workers, are up and
                   running.

                   Shares

                   Trading in shares of Patrick's parent company, Lang
                   Corporation, have been suspended.

                   ------------------------------------------------------
3.                   Farmers say wharf decision a small loss
[ABC Australia - [sMonday 4 May, 1998 (1:06pm AEST)
 [space]

[Latest Bulletin]  The New South Wales Farmers Association says today's
[Newslink]         High Court decision on the waterfront dispute is only
[Radio Australia]  a small loss in a long battle.
[State News]
[Business News]    Association president Ian Donges says the decision
[Sport News]       has not affected farmers' plans for waterfront
[Olympics news]    reform.
[Rural News]
[Features]         "I certainly believe we've certainly achieved our
[Weather]          number one goal which is to re-affirm with the rest
 [space]           of the Australian community that waterfront reform
 [Regional News Serhas to take place," he said.
                          [space]
                   "And there's no doubt that I've seen in the last week
[ABC News Guide]   to 10 days the union admitting that there has to be
[About This Site]  changes even in the work practises which relate to
[Search]           Patrick's."

                   ------------------------------------------------------
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                        =A9 1998 Australian Broadcasting Corporation
                          Updated: Mon May 4 13:10:00 1998 (AEST)

                          AEST = Australian Eastern Standard Time





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