File spoon-archives/marxism-news.archive/marxism-news_1998/marxism-news.9805, message 9


Date: Tue, 5 May 1998 08:46:33 +0100
From: Hugh Rodwell <m-14970-AT-mailbox.swipnet.se>
Subject: M-NEWS: Press on Oz High Court judgement


Here's the latest from Rob S in Canberra, dated 5 am Tuesday 5 May local time.

Cheers,

Hugh

_____________________________


It's 5.00 in the morning, so I haven't got it in me to paraphrase and
analyse.  In the interests of getting the good oil to you as quickly as
possible, here's this morning's *The Australian* on the High Court
judgement.  This one's at

http://www.theaustralian.com.au/index.asp?URL=/national/4042727.htm

and you can get more stories at

http://www.theaustralian.com.au/index.asp?URL=/national/4042827.htm  and

http://www.theaustralian.com.au/index.asp?URL=/national/4042953.htm


                   Union demands jobs back
        By SID MARRIS, RICHARD Mc GREGOR and JUDY HUGHES

                              5may98


The Maritime Union of Australia has threatened to escalate its industrial
campaign for the re-employment of all its sacked 1400 members after
administrators of waterfront labour companies warned that jobs might
disappear following yesterday's High Court decision.

The union's hard line was matched by the Howard Government, which said it
would only make available crucial funds the administrators need for
redundancies if non-unionists were hired.

Both the MUA and Workplace Relations Minister Peter Reith meet the
administrators, accountants Grant Thornton, today to try to resolve the
latest
deadlock in the long-running wharf dispute.

The administrators were appointed in early April, when Patrick severed its
contracts with four near-insolvent labour hire companies, set up in a
controversial corporate restructure last year.

The High Court, which many had expected to provide a circuit-breaker,
yesterday upheld the right of unionists to be reinstated, but found the
administrators must have freedom to make commercial decisions.

"Administrators cannot be deprived of the discretion which the Corporations
Law reposes in them," said the majority decision written by five of the
court's seven judges.

This finding allowed the anti-union coalition of the Government, farmers
and Patrick chief Chris Corrigan to claim that the administrator had legal
backing to hire non-union labour.

"These orders do not, as I am informed by legal advisers, prohibit the
administrator from contracting in other labour suppliers into the labour
hire companies," Mr Reith said.

He also admitted yesterday that he had had "general discussions" about
training an alternative workforce for the docks, but again insisted he knew
nothing about the ill-fated Dubai scheme.

Immediately after the decision, the administrators fuelled speculation
about the use of non-union labour, by saying they were "not compelled to
hire anybody".

Later, after Patrick agreed to supply a small float of $3.6 million to
kickstart the dock operations, one of the administrators, Peter Brook, said
he would abide by the "spirit" of the initial court reinstatement orders,
with workers possibly returning today.

The administrator has also agreed to a Patrick demand that it be allowed to
maintain security on the docks to protect its managers, some of whom claim
to have been threatened by union members.

The union's initial euphoria at its apparent clear legal victory soon
turned to defiance in the face of suggestions that all 1400 workers locked
out in early April by Patrick would not be guaranteed jobs.

Union secretary John Coombs said he was willing to negotiate on efficiency,
but only after all workers had been reinstated.

"Unless all of our people go back to work as it was on April 7 when they
were dismissed, no one will be going back, and we will keep battling," he
said.

"They are the conditions we go back on &5150; not something served up in
the Government's interest to try and give them a win when clearly they have
been defeated."

Lawyers for the union told The Australian last night that they would
immediately file a multi-million-dollar damages claim if any of the workers
did not get their jobs back.

"If they get rid of 200 people, that will include exemplary and punitive
damages of at least $400 million," said Mr Josh Bornstein, of Maurice
Blackburn and Co.

The threat of a damages claim puts pressure on the seven-member bank
syndicate, which has lent Patrick's parent group $270 million.




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