Can Terminating an Enterprise Agreement End a Stalemate?

Photo credit: Succo via Pixabay.

By Kiri Jervis, Partner, Clyde & Co and Miriam Asar, Associate, Clyde & Co

Enterprise bargaining can, at times, be a tense and protracted affair.

This is particularly so when there are external pressures which make it especially desirable for the parties to reach a quick agreement.

In one example, Port Kembla Coal Terminal (PKCT) applied to terminate its enterprise agreement after a drastic deterioration in market conditions which commenced well before, and...

https://www.shippingaustralia.com.au/can-terminating-an-enterprise-agreement-end-a-stalemate/

ACCC slams lack of port productivity, unions in container monitoring report

This year’s Container Stevedoring Monitoring Report 2020-21 by the Australian Competition and Consumer Commission exploded with great force yesterday.

The report finds that a surge in demand for containerised cargo and extreme port congestion across the global supply chain have caused major disruptions and delays.

“International shipping line movements normally run lean and just-in-time, but a surge in demand and COVID-19 outbreaks that have forced numerous port operations to temporarily shut...

https://www.shippingaustralia.com.au/accc-slams-lack-of-port-productivity-unions-in-container-monitoring-report/

Engineers’ union to take industrial action at Gladstone

Pictured: (left) the city of, and port at, Gladstone. Inset (right), the location of Gladstone on the Australian east coast.
Graphic credit: Google Maps and Jim Wilson.

By Smit Lamnalco Towage (Australia).

Smit Lamnalco Towage (Australia) Pty Ltd has been notified by the Australian Institute of Marine and Power Engineers (AIMPE) of their intention to take protected industrial action within the company’s Gladstone operations.

Engineers will stop today for 6 consecutive 1 hour periods from 0700...

https://www.shippingaustralia.com.au/engineers-union-to-take-industrial-action-at-gladstone/

Industrial action imminent at Melbourne – tomorrow, Friday, Sunday, next Monday

Pictured: a container yard seen from overhead; Chuttersnap via Unsplash

A stoppage of work is due to take place tomorrow, Tuesday 16 February, for a period of four hours at the Victorian International Container Terminal. A 12-hour strike is due on Friday 19 February from 18:00. Back-to-back strikes are due from Sunday 21 February at 06:00 am and will run for 36 hours.

On Monday 22 February, VICT’s control room will be unable to operate cranes unless the operations of each crane is manned by a...

https://shippingaustralia.com.au/industrial-action-imminent-at-melbourne-tomorrow-friday-sunday-next-monday/

Serious industrial action at the Port of Melbourne on the way, VICT warns

Pictured: a stack of containers; Photo credit Dale Staton via UnSplash

Victoria International Container Terminal (VICT) is facing imminent disruption from industrial action.

This is in the face of a union agenda to force Australia’s first fully automated container terminal to comply with “industry standards” by adopting the incompatible hours, manning and overtime conditions that govern the manually operated terminals around Australia.

Adoption of such conditions would see the terminal saddled...

https://shippingaustralia.com.au/serious-industrial-action-at-the-port-of-melbourne-on-the-way-vict-warns/

Waterfront union strikes at Fremantle, Kwinana and Port Botany

Pictured: an example of a tug underway before a container-wharf. This particular tug is actually at the Port of Oakland in the US. Photo: Photo Ronan Furuta from UnSplash

Shipping Australia is sad to note that there continues to be disruptive strike action by the unions during the current health and economic crisis. 

A notice of Protected Industrial Action was issued by the Maritime Union of Australia to towage provider Svitzer Australia earlier this week with industrial action yesterday as...

https://shippingaustralia.com.au/waterfront-union-strikes-at-fremantle-kwinana-and-port-botany/

DP World Australia anticipates finalising EBA in Sydney

Withdrawal of industrial action has enabled container terminal operator DP World Australia to envisage finalisation of an agreement at DPWA Sydney in the near future.

“The Maritime Union’s decision to withdraw all industrial action at DP World Sydney has enabled productive negotiations at our Sydney terminal to resume. We anticipate being able to finalise an agreement at DP World Sydney in the coming week. We’re encouraged with the progress we made this week in Sydney,” said Andrew Adam, DP...

https://shippingaustralia.com.au/dp-world-australia-anticipates-finalising-eba-in-sydney/

Industrial action withdrawn at DPWA

The Maritime Union of Australia withdrew its industrial action at DP World Australia minutes before a case was due to be heard by the Fair Work Commission.

Shipping Australia understands that a written undertaking has now been given to the Fair Work Commission that no further notices of industrial action at Port Botany will be submitted before 01 November 2020.

In a customer statement, DP World Australia says that a normal service will resume. It adds that it expects to be able to pursue a final...

https://shippingaustralia.com.au/industrial-action-withdrawn-at-dpwa-normal-service-to-resume/

Shipping Australia takes action to support DPWA

Pictured: a statue of Lady Justice – a personification of the moral force in judicial systems and of justice itself; photo credit Jessica45 from Pixabay

Late yesterday, Shipping Australia filed a statement at the Fair Work Commission in support of DP World Australia’s application to terminate protected industrial action on the grounds of significant harm to the economy.

Extensive industrial action across the waterfront is a matter of importance to the shipping industry as the increased costs and...

https://shippingaustralia.com.au/shipping-australia-takes-action-to-support-dpwa/

Disruption from waterfront industrial action just gets worse and worse

Photo: Gerd Altmann from Pixabay

Industrial action on the waterfront is causing increasing disruption to the movement of ships and the movement of vital goods upon which Australian families rely.

At least two ship voyages have been greatly delayed at huge cost.

A five day delay

A ship was due to call at Sydney earlier this week. It was faced with a five-day delay because of protected industrial action. The approximate cost of a day’s delay for a container ship can be about $25,000 a day. A five...

https://shippingaustralia.com.au/disruption-from-waterfront-industrial-action-just-gets-worse-and-worse/