August 7, 2020

Waterfront strike threat: how the industrial relations environment has been – legally – manipulated to Australia’s detriment

Widespread strike action on the waterfront is now possible. Transport unions have arranged matters so that all of the major container stevedores are now operating with expired enterprise agreements.

The last major container stevedore had its enterprise agreement expire in June. Nation-wide and sector-wide protected industrial action by unions is now therefore possible under the Fair Work Act.

Some of those enterprise bargaining arrangements have in fact been expired for years because the unions have refused to make a new agreement.

It now appears that the reluctance to make a new agreement was part of a plan to make possible nation-wide and sector-wide industrial action. Having the power to call simultaneous strikes right across the waterfront boosts the bargaining power of the unions.

When a company has an expired enterprise agreement, its employees (via their union representatives) can take “protected industrial action”.

This means actions such as strikes, work-to-rule, go-slow campaigns and so on can take place in an attempt to encourage concessions from the employer. Industrial action typically (but not always) takes the form of a series of stoppages ranging from an hour to several days.

It is especially noteworthy that unions are seeking to impose a ban on their members from loading or unloading ships that have been sub-contracted from one stevedore to another.

If stevedores cannot sub-contract the ships then the stevedore’s bargaining power is reduced and the bargaining power of the unions is increased.

Protected industrial action is “protected” in that it is legal and the employer generally (but not always) cannot go to court to stop the industrial action.

An uninterrupted flow of foodstuffs, everyday goods, medical supplies, merchant and intermediate goods to Australian families, hospitals and businesses is vital to Australia’s national interest:

  • Australia is the fifth largest user of shipping services in the world
  • About 98% of our seaborne trade by volume, and 79% by value, depends on ocean shipping
  • In 2018-2019, the total value of Australian exports was $373 billion while the total value of imports was $421 billion
  • Seaborne imports and exports drive the Australian logistics sector. As a whole, the logistics sector in 2013 represented 8.6% of the nation’s GDP, and directly contributed $131.6 billion to GDP
  • The logistics sector employs about 1.2 million people. That’s about 9.7% of the 12.3 million of all the people employed in Australia

Read our opinion in full here.

Facebook
Twitter
LinkedIn
Email

Search

Become a Member

Membership is open to all ship owners, operators and agents both Australian and International providing services to or within Australia.

Upcoming Events

May 8
Shipping Australia QLD Shipping Industry Golf Day
Join friends and colleagues for an enjoyable day, followed by a sumptuous dinner at the 2024 SAL QLD Shipping Industry Golf Day. The Golf Day will once again be held at the Wynnum Golf Club (located in beautiful Bayside and meanders over 31 hectares of picturesque parkland) on 8th May 2024. Ticket price includes: Light...
May 16
Shipping Australia Victoria 2024 Golf Day
The 8th Phil Kelly OAM Perpetual Golf Challenge Latrobe Golf Club, 8 Farm Road, Alphington VIC 3078 Format – 4 Ball Ambrose Thursday 16th May 2024 The 2024 SAL VIC Golf Day will be held on Thursday 16th May 2024 at the scenic Latrobe Golf Club.  Come along and enjoy a great course and scenery. ...

Latest News

Chinese female seafarers face a range of gender-based difficulties at work
Bullying, abuse, perceptions for the potential for harassment, isolation, prejudices, limited access to vocational education / training and employment difficulties are some of the difficulties faced by Chinese female seafarers, researchers at Dalian Maritime University, China, have revealed. Although noting that there has been “tangible progress toward gender diversity and inclusiveness, researchers Wenyu Lyu and...
World first as two ammonia duel-fuel aframax tankers ordered
AET, a Malaysian tanker operator has announced that it has entered into two time charters with PETCO Trading, a wholly owned subsidiary of PETRONAS, the Malaysian state energy company, for two ammonia-powered dual-fuel Aframaxes. An “aframax” is an oil tanker with a deadweight between 80,000 and 120,000 tonnes. AET also signed shipbuilding contracts with Dalian Shipbuilding...

Latest Magazine

Shipping Australia – Annual Review 2023
January, 2024

Subscribe to the Signal Newsletter

Be the first to know about releases and industry news and insights or catch up on any editions you missed.