The Fair Work Commission will tomorrow (Wednesday 29/9) hear an application by Patricks Terminals to stop protected industrial action organised by the Maritime Union of Australia at its Port Botany terminal, as the Australian Government intervenes to stop the dispute it has described as “unacceptable”.

Attorney-General and Minister for Industrial Relations Christian Porter has indicated the Federal Government will support Patricks’ application to immediately halt its action.

The legal action will attempt to stop industrial action across the country as supply chains face delays of up to three weeks and half a dozen shipping lines either restrict or halt deliveries of vital goods to Australia.

Patricks has applied for stop orders in relation to protected action at Sydney, Melbourne, Brisbane and Fremantle ports on the basis they are threatening to cause significant damage to the economy.

“For a union to be attempting to hold the national economy to ransom to leverage its push for a 6 per cent annual pay rise is simply unforgiveable, especially at a time when we are in the grip of a global health and economic crisis,” The Attorney General (pictured below) said.

“The MUA’s action is also a slap in the face to the million Australians currently out of work who must be amazed by the apparent indifference of the union’s leadership to their plight.

“Equally concerning is the impact on the supply of critical goods, including vital pharmaceuticals needed to treat acute issues such as cancer, heart disease, cholesterol, and diabetes.

“More broadly, our farmers who have had their first decent year in recent memory are now reporting problems getting their products to overseas markets, as well as significantly increased costs linked to the delays at Port Botany, or the need to send freight via road to ports at Melbourne or Brisbane.

“Many other industry sectors have also begun to report supply chain problems which are directly linked to the MUA action.

“Given this threat to our economic recovery, I can confirm that the Government will intervene in support of Patrick Terminals’ application to the Fair Work Commission for the MUA to immediately halt its action.

“It is vital that we see a quick resolution to this dispute.”

Patrick Terminals sought an urgent hearing this week, which will occur on Wednesday.

Patrick CEO Michael Jovicic said the MUA industrial action in pursuit of 6% annual pay rises is inflicting serious harm on the business, customers, importers, exporters and shipping lines.

“Frankly enough is enough. We have been in talks for seven months on a new enterprise agreement and the MUA have been inflicting strikes, go slows and work bans on the company for nearly a month. The union is threatening to ramp up the industrial action this week and has notified of a 24 hour strike at Port Botany on Friday.

“As a result of the MUA action there are now 40 container ships off the Australian coast waiting to come into port. Port Botany is running three weeks behind schedule and our Melbourne terminal more than a week. We now have close to 90 thousand containers being held up and there’s no end in sight.”

“I’m bewildered that the MUA would take such damaging action in the midst of a pandemic. It’s un-Australian and does them no credit.

“Many of our employees have told us they don’t want to be a part of the industrial action but are fearful of retribution by the MUA. This is completely understandable but the reality is they are damaging the business and their own livelihoods.”

“It’s time to bring this to an end and hopefully the Fair Work Commission will do that.”

The company’s application to the FWC is available here.

Mr Jovicic said he was shocked to read comments in the media from MUA boss Paddy Crumlin that there were no serious impacts being felt at Port Botany from the MUA industrial campaign. Patrick’s Port Botany terminal has seen productivity cut by half in last four weeks.

Patricks provided a summary of the MUA’s claims for a new enterprise agreement and current pay and conditions, said to add an additional $40m per annum to operational costs across the Patrick business.

• 6% wage increase per annum for four years
• A guarantee (no loss of jobs) for the term of agreement
• The productivity scheme to be pooled across all employees regardless of whether they contribute to the task
• Each employee to receive a $2k sign on bonus for the new enterprise agreement
• A further 60 claims for changes to conditions across terminals in Sydney, Melbourne, Brisbane and Fremantle.

Patrick has offered payrises of 1.5% and 2.5 % over four years.