Date: Thu, 9 Apr 1998 14:54:28 -0700 (PDT) From: Tom Condit <tomcondit-AT-igc.apc.org> Subject: M-NEWS: War on Wharfies: 9 April >War on the Wharfies Homepage update for 9 April: >http://www.users.bigpond.com/Takver/soapbox/index.htm > >MESSAGE CONTENTS >* (9/4/98 - 6pm) Wharfies mass sackings to be challenged in court >* (9/4/98 - 6pm) More Scabs on the waterfont >* (9/4/98 - 6pm) Statistics, damn statistics and Peter Reith >* (9/4/98 - 6pm) Corrigan dismisses South Australian Manager >* (9/4/98 - 6pm) San Fransisco Protest >* (9/4/98 - MN) Scabs unloading MSC Singapore in Fremantle >* (9/4/98 - MN) A comment on Corrigan's money manipulations > >News Summary - Thursday 9 April > >Wharfies mass sackings to be challenged in court >The Financial Review has reported that senior industrial lawyers believe >the case is strong that Chris Corrigan and Patrick has breached the law, >with the Government's active support, by victimising stevedoring workers >and "injuring them in their employment" because of their union >membership and activity. The union is arguing that six months ago a >labour hire agreement had been entered into with the National Farmers >Federation, to be implemented once Patricks' workforce was dismissed. >The manipulation of the circumstances was a conspiracy against the union >and his employees. >Corrigan continues to maintain that he has not sacked anyone. He has >simply refused to maintain financial support for these companies, >despite having extracted like a leech $68.1 million from these companies >last September, and possibly further asset stripping since then. >Maritime Union Secretary described Chis Corrigan's movement of assets >from the employing companies upstream to Lang Corporation as "a >Christopher Skase style of operation". The orders to invade the wharves >with security guards and attack dogs in a military style action also >would contradict that Corrigan had not sacked anyone. Many of the >security guards told workers at work - "Your Sacked" before physically >escorting them to the terminal gates. A court or tribunal could very >well find Corrigan's tactic was contrived and is in effect an attempt to >dismiss an entire workforce. > >Under the Workplace Relations Act freedom of association provisions >employers are prevented from dismissing an employee, injuring an >employee in his or her employment or altering the position of an >employee to their detriment for prohibited reasons, including union >membership, refusal to make or consent to an enterprise agreement to >which the employee's union would be party, or because the worker is >entitled to benefits under an industrial instrument, such as an award. > >An employer is not allowed to dismiss a worker for engaging in lawful >industrial action under the Act's enterprise bargaining provisions. The >onus is on the employer to prove that it has not breached these laws. >Such a breach need not be a major factor in the dismissal, it could be >quite minor, to make it illegal. > >Peter Reith, on the ABC 7.30 Report, stated that the government had top >legal teams on standbye in Australia and in Britain to counter any >threat from the International Transport Federation, or secondary >boycotts within Australia. The government has an open cheque book policy >for its legal costs - "to spend any amount necessary." The Labor >Opposition spokesman has condemned this open cheque book policy on legal >costs, when education, health issues, and unemployment are such pressing >issues of concern to all Australians. > >Meanwhile, The maritme union's lawyers are drawing up writs against >Corrigan, Patrick, Donald McGauchie for the NFF, and Peter Reith. Peter >Reith's active incitement of Patrick and Corrigan, it will be argued, >has breached the contract of employment and his own Workplace Relations >Act. Lawyers for the MUA and the ACTU are also seeking contempt chages >for the loading of a vessel in Fremantle while an injunction is in >place. The union could also have a case to argue on common law grounds. > >The Chanticleer column in the Financial Review has advice that "there is >enough in the common law on this issue for the MUA to tie Lang up in the >courts, all the way to the High Court, for years." As Chris Corrigan has >said - this is a strike of capital. The difference is Corrigan isn't >moving his capital to another location - it is a discriminatory strike >of capital, imposed on workers who are members of a union. > > > >More Scabs on the waterfont >11.00am 9/4/98. About 24 scabs have been ferried by launch to the Port >Botany terminal in Sydney. It appears they are being shown the layout of >the site. There arte plans to bring non-union workers to Port Kembla, >near Woollongong today. >1.00pm 9/4/98. At Hamilton Wharf in Brisbane scabs were ferried in to >the wharf where they started moving some refrigerated perishable >containers. After a short time work stopped and the containers were >removed for storage. > >Non union workers are expected to be shown onto the wharves throughout >Australia over the next few days. > >(Source: ABC Radio 9 April) > >Statistics, damn statistics and Peter Reith >Andy Andrews, the head of SeaLand, has blasted Peter Reith for his >derogatory comments made against SeaLand on the ABC 7.30 report. SeaLand >runs a container terminal in Adelaide, South Australia. Peter Reith >dismissed SeaLand's productivity as "not such a big deal." Andy Andrews >decried the much vaunted statistics being peddled by Reith and Corrigan >as seldom giving an accurate report of the work involved in container >movements. >On two ships recently in Adelaide he described how container movements >on one were 16 per hour, and on an adjacent ship were 28 an hour, >definitely close to world's best practice. However, average container >movements tend to distort the effort reguired. A poor statistic for a >ship may result from the way the containers are presented, and the way >they are stowed on a ship. When he contacted a shipping company to try >and resolve some of the problems - to reform container stowage to >improve container movement rate, he was told that "Adelaide stowage was >an afterthought." This claim has been made before - that because of >Australia's trade volume and geographical position, the logistics of >accessing containers will fluctuate wildly from ship to ship. > >Any statistician will advise that averages are always deceptive. A bit >like a river in flood, where 95% of the width may only be ankle deep and >slow flowing, while the 5% remaining is treacherously deep and fast >flowing. Based on average depth and speed the river appears safe to >cross. The average figures which Corrigan and Reith have been peddling >do not tell the true story. To do that, you need to understand the work >effort involved in the stowage and movement of containers perculiar to >our own geographical position. I doubt Reith or Corrigan have found the >time to get their hands dirty and understand the logistics involved >which wharfies face every day. > > > >Corrigan dismisses South Australian Manager >1.00pm 9/4/98. Michael Bennett, the South Australian Manager of Patrick, >and Terry McKinnon, a senior supervisor, have been dismissed. It is >thought the dismissal is because they refused to follow a head office >directive to sack Patrick's Adelaide employees, and were instantly >dismissed themselves. Patrick has appointed an ex P&O employee to take >over as South Australian Manager. It has announced that all present and >future shipments will be contracted out to P&O Ports in Adelaide. >While Corrigan has expressed some remorse for the sacking of workers at >productive regional wharves, his actions speak far louder. In an act of >ruthless corporate bastardry his mass dismissals have discriminated >against people who have done nothing except belong to a union. Even some >of his managers see his action as grossly discriminatory, and have acted >in the interests of their fellow employees. > >ABC Radio 9/4/98) > >San Fransisco Protest >2.00pm 9/4/98 In San Fransisco unionists in the International >Longshoreman's Union protested to consular officials in the Australian >Consulate, then blockaded the consulate building. It was reported that >police were called and several people were arrested. >Japan's waterfont unions have expressed solidarity with the Maritime >Union of Australia. An Industrial dispute is presently occurring on the >Japanese waterfront. > >ABC Radio 9/4/98) > >Scabs unloading MSC Singapore in Fremantle >Scabs from P&C Stevedores are unloading containers at Fremantle, in >contravention of a Federal Court injunction. Under the injunction, the >administrators appointed by Patrick must not dismiss any employees, must >not divulge any assets, and must not employ any others to do stevedoring >work. >(Source: ABC 8 April) > >A comment on Corrigan's money manipulations >Corrigan has setup the situation whereby the companies employing staff >are cash starved. This is as a result of moving $68.1 million out of >these companies in September 1997 (Are wharfies about to be swindled out >of millions?), just as the Dubai debacle was being organised. This was >done purposefully (see More on Patrick swindling wharfies) for just the >present instance. >The legality and propriety of this transfer should be questioned. It >smells of conspiracy - part of the conspiracy that has been hatching for >at least the last 6 months. Corrigan has done the dirty on all the >employees in the Patrick group of companies - some 2,100 staff (of which >only 1,400 are wharfies). The companies which employed people have all >been put into liquidation, while the parent company, Lang Corporation >absolves itself of all responsibility, and Lang Shares jump in value. >Corrigan has setup other companies to handle the wharf assets and the >contracting out of services, including the sourcing of scab labour from >P&C Stevedores. > >The callousness of Corrigan is obvious, and his business ethics must be >severely questioned. Reith talks of waterfront reform, while Corrigan >cannot even manage Patricks efficiently. Sea-land general manager Andy >Andrews recently accused Patrick of blaming the union as a smokescreen >for Patricks' own poor management. This corroborates statements of >former Patrick line manager, Alan Knight. Corrigan stands accused of >betrayal and poor management by his own employees and peers. > >(Takver 9 April) >------------------------------------------------------------------- > >War on the Wharfies is an independent web page which contains: >* News reports on the Maritime Union of Australia fight against > the rightwing attack by the National Farmers Federation, > waterfront bosses, and federal and state governments. >* News on other union actions and progressive campaigns, or the > general attack on workers rights or conditions > >Takver-AT-onaustralia.com.au >War on the Wharfies Homepage: >http://www.users.bigpond.com/Takver/soapbox/index.htm > > > > oo=oo=oo=oo=oo=oo=oo=oo=oo=oo=oo=oo=oo=oo=oo=oo=oo=oo=oo=oo=oo=oo=oo > LEFTLINK - Victoria's Broad Left Mailing List > http://www.alexia.net.au/~www/mhutton/ > Sponsored by Melbourne's New International Bookshop > > Publication of a message on this list does not indicate > endorsement by either LEFTLINK or the New International Bookshop. > oo=oo=oo=oo=oo=oo=oo=oo=oo=oo=oo=oo=oo=oo=oo=oo=oo=oo=oo=oo=oo=oo=oo > > ***** "Messages sent on the IWW-news mailing list are the opinions of the individual senders; they do not necessarily represent the views of the IWW. 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