Protected Industrial Action being taken by the Maritime Union of Australia

Maritime Union of Australia Agrees to Withdraw Industrial Action

Thursday 11th November:

As per the below, Patrick Terminals applied to the Fair Work Commission (FWC) seeking to terminate industrial action being undertaken by the MUA due to the significant economic harm that the action was causing.

As part of this process, Patrick Terminals and the MUA attended a long conciliation session on Wednesday 10th November at the Fair Work Commission in an attempt to resolve these matters before the hearing date.

The outcome of this conciliation session is that the MUA have agreed to provide an undertaking to the Fair Work Commission that all notified and ongoing industrial action will be withdrawn effective from Wednesday 10th November, with no further action to be notified before 10 December 2021.

“Our focus is now on ensuring our terminals return to normal on-schedule operations as quickly as possible and we are focused on supporting Australia’s economic recovery. We continue to engage with the MUA on a daily basis in an effort to finalise an enterprise agreement.” – Patrick Terminals

Patrick Terminals Statement

Wednesday 27th October:

Patrick Terminals has lodged an application with the Fair Work Commission to terminate its Enterprise Agreement with the MUA.

The agreement is no longer fit for purpose, as it contains a number of operational restrictions that have limited the ability of Patrick to meet customer requirements at a time of congestion in global supply chains.

Patrick has been negotiating with its employees and the MUA since February 2020 to seek to address these restrictions and has held more than 70 meetings in pursuit of a new enterprise agreement.

The MUA has launched more than 220 industrial actions against Patrick Terminals nationally during the negotiation period. This has intensified recently with further action launched at all four of Patrick’s terminals in Sydney, Melbourne, Brisbane and Fremantle for the coming days and weeks.

Michael Jovicic, CEO Patrick Terminals said, “Enough is enough. We have presented the MUA with an attractive national offer on top of their already very generous agreement including a 10% pay increase across four years coupled with protections addressing concerns over the use of casuals and job security.

“Negotiations have been ongoing for close to two years and frankly there seems to be no agreement to be had, particularly in Sydney, where the union is still demanding we hire from a selected list of family and friends.

“We have today lodged an application with the FWC for an order terminating our current agreement.

“We are at the end of the road and need to have an agreement with our employees that works for our customers, and that allows us to remain competitive in the future market.”

Terminating the agreement will allow Patrick to recruit and train employees without needing the agreement of the Union and remove any “friends and family” Union imposed restrictions.

“The world has changed, and we need to be able to recruit and promote the best people for the job rather than be hamstrung by antiquated Union-led processes and policies that restrict our business,” Mr Jovicic said.

“Our market share and business operations have suffered due to this relentless industrial campaign by the MUA and their insidious ‘jobs for the boys’ stance. We need to provide our customers with operational certainty and that includes a workable agreement with our employees. Our customers are demanding that we take action to resolve this situation.”

Patrick Terminals has guaranteed not to change leave entitlements, salaries and other rates of pay that are applicable under the Enterprise Agreement for employees for a period of 6 months from the date of any termination order, probably next year.

Patrick Terminals has requested an expedited hearing of this application with the Fair Work Commission.


Terminal Operations Update

Patrick Terminals – Sydney AutoStrad

  • Vessels delays have now increased to between 7 – 8 days due to industrial action.

Patrick Terminals – Brisbane AutoStrad

  • Vessel delays are forecast to increase to between 1 – 2 days over the coming week due to the industrial action.

Patrick Terminals – Fremantle

  • Vessel delays are currently up to 5 days due to the industrial action.

Patrick Terminals – Melbourne

  • Vessel delays are currently up to 9 days and are expected to increase with the upcoming industrial action.
  • One vessel has been subcontracted in an effort to help ease growing congestion.

The most recent notifications received are in Red.

The complete list of notifications is as follows:

Patrick Terminals – Sydney AutoStrad

  • A stoppage of work for 24 hours commencing at 10:00pm Saturday 2 October 2021.
  • A stoppage of work for 24 hours commencing at 10:00pm Sunday 3 October 2021.
  • A ban on the performance of overtime commencing at 10:00pm on Friday 1 October 2021 through to 6:00am Tuesday 5 October 2021.
  • A ban on the performance of shift extensions commencing at 10:00pm on Friday 1 October 2021 through to 6:00am Tuesday 5 October 2021.
  • A ban on the performance of upgrades and/or work in higher levels commencing at 10:00pm Friday 1 October 2021 through to 6:00am Tuesday 5 October 2021.
  • A ban on the performance of overtime commencing at 12:01am on Saturday 9 October 2021 through to 10:00pm Sunday 10 October 2021.
  • A ban on the performance of shift extensions commencing at 12:01am on Saturday 9 October 2021 through to 10:00pm Sunday 10 October 2021.
  • A ban on the performance of upgrades and/or work in higher levels commencing at 12:01am on Saturday 9 October 2021 through to 10:00pm Sunday 10 October 2021.
  • A ban on the performance of overtime commencing at 10:00pm on Friday 15 October 2021 through to 10:00pm Sunday 17 October 2021.
  • A ban on the performance of shift extensions commencing at 10:00pm on Friday 15 October 2021 through to 10:00pm Sunday 17 October 2021.
  • A ban on the performance of upgrades and/or work in higher levels commencing at 10:00pm on Friday 15 October 2021 through to 10:00pm Sunday 17 October 2021.
  • A ban on the performance of upgrades and/or work in higher levels commencing at 10:00pm on Friday 22 October 2021 through to 10:00pm Saturday 23 October 2021.
  • A ban on the performance of upgrades and/or work in higher levels commencing at 10:00pm on Monday 25 October 2021 through to 10:00pm Tuesday 26 October 2021.
  • A ban on the performance of upgrades and/or work in higher levels commencing at 10:00pm on Wednesday 27 October 2021 through to 10:00pm Thursday 28 October 2021.
  • A ban on the performance of upgrades and/or work in higher levels commencing at 10:00pm on Friday 29 October 2021 through to 10:00pm Saturday 30 October 2021.
  • A ban on the performance of upgrades and/or work in higher levels commencing at 10:00pm on Monday 1 November 2021 through to 10:00pm Tuesday 2 November 2021.
  • A stoppage of work for a 24-hour period commencing 6:00am Tuesday 2 November 2021.
  • Stoppages of work of 1-hour duration at 0500, 1300 and 2100 commencing at 10:00pm on Friday 22 October 2021 through to 10:00pm Friday 5 November 2021.
  • A ban on the performance of overtime commencing at 10:00pm on Friday 22 October 2021 through to 10:00pm Friday 5 November 2021.
  • A ban on the performance of shift extensions commencing at 10:00pm on Friday 22 October 2021 through to 10:00pm Friday 5 November 2021.
  • A ban on the performance of upgrades and/or work in higher levels commencing at 10:00pm on Wednesday 3 November 2021 through to 10:00pm Thursday 4 November 2021.

Patrick Terminals – Brisbane AutoStrad

  • A ban on the working of overtime from 2300 on Tuesday 28 September 2021 until 2300 on Friday 1 October 2021.
  • A ban on the working of shift extensions from 2300 on Tuesday 28 September 2021 until 2300 on Friday 1 October 2021.
  • A stoppage of work of four hours duration commencing at 1100 on Friday 8 October 2021.
  • A stoppage of work of four hours duration commencing at 1900 on Friday 8 October 2021.
  • A stoppage of work of 24-hours duration commencing at 2300 on Wednesday 13 October 2021.
  • A ban on the working of overtime for 24 hours commencing at 2300 on Thursday 14 October 2021.
  • A ban on the working of shift extensions for 24 hours commencing at 2300 on Thursday 14 October 2021.
  • A ban on the performance of upgrades and/or work in higher levels for 24 hours commencing at 2300 on Thursday 14 October 2021.
  • A ban on attending for work on days an employee is rostered as “off/avail” for 24 hours commencing at 2300 on Thursday 14 October 2021.
  • A ban on the working of overtime for 24 hours commencing at 2300 on Wednesday 27 October 2021.
  • A ban on the working of shift extensions for 24 hours commencing at 2300 on Wednesday 27 October 2021.
  • A ban on the performance of upgrades and/or work in higher levels for 24 hours commencing at 2300 on Wednesday 27 October 2021.
  • A ban on attending for work on days an employee is rostered as “off/avail” for 24 hours commencing at 2300 on Wednesday 27 October 2021.
  • A stoppage of work of 24-hours duration commencing at 2300 on Sunday 31 October 2021.
  • A ban on the working of overtime for 48 hours commencing at 2300 on Friday 29 October 2021.
  • A ban on the working of shift extensions for 48 hours commencing at 2300 on Friday 29 October 2021.
  • A ban on attending for work on days an employee is rostered as “off/avail” for 48 hours commencing at 2300 on Friday 29 October 2021.
  • A stoppage of work of 4-hours duration commencing at 0300 on Tuesday 9 November 2021.
  • A stoppage of work of 4-hours duration commencing at 0300 on Friday 12 November 2021.
  • A stoppage of work of 4-hours duration commencing at 1100 on Tuesday 9 November 2021.
  • A stoppage of work of 4-hours duration commencing at 1100 on Friday 12 November 2021.
  • A stoppage of work of 4-hours duration commencing at 1900 on Tuesday 9 November 2021.
  • A stoppage of work of 4-hours duration commencing at 1900 on Friday 12 November 2021.
  • A stoppage of work of 1-hour duration commencing at 0330 on Wednesday 10 November 2021.
  • A stoppage of work of 1-hour duration commencing at 1130 on Wednesday 10 November 2021.
  • A stoppage of work of 1-hour duration commencing at 1930 on Wednesday 10 November 2021.

Patrick Terminals – Fremantle

  • A ban on the performance of upgrades and/or work in higher levels commencing from 0700 on Saturday 9 October 2021 and ending at 0700 on Monday 11 October 2021.
  • A ban on attending for work on days an employee is rostered as “off/avail” commencing from 7.00am Tuesday 28 September 2021 and ending at 7.00am on Tuesday 19 October 2021.
  • A ban on the performance of upgrades and/or work in higher levels commencing from 0700 on Saturday 16 October 2021 and ending at 0700 on Monday 18 October 2021.
  • Stoppages of work of 1-hour duration at 0400,1200 and 2000 each day (excluding Saturdays and Sundays) commencing at 1200 on Monday 11 October 2021 and ceasing on Saturday 23 October 2021.
  • A ban on the performance of upgrades and/or work in higher levels commencing from 0700 on Saturday 23 October 2021 and ending at 0700 on Monday 25 October 2021.
  • A ban on the performance of upgrades and/or work in higher levels commencing from 0700 on Saturday 30 October 2021 and ending at 0700 on Monday 1 November 2021.
  • Stoppages of work of 1-hour duration at 0500,1300 and 2100 each day (excluding Saturdays and Sundays) commencing at 1200 on Monday 25 October 2021 and ceasing on Saturday 6 November 2021.
  • A ban on attending for work on days an employee is rostered as “off/avail” commencing from 7.00am Friday 22 October 2021.
  • A ban on the performance of upgrades and/or work in higher levels commencing at 0700 on Saturday 6 November 2021 and ceasing at 0700 on Monday 8 November 2021.
  • A ban on the performance of upgrades and/or work in higher levels commencing at 0700 on Saturday 13 November 2021 and ceasing at 0700 on Monday 15 November 2021.
  • Stoppages of work of 1-hour duration at 0500, 1300 and 2100 each day (excluding Saturdays and Sundays) commencing on Sunday 7 November 2021 and ceasing on Saturday 20 November 2021.

Patrick Terminals – Melbourne

  • A stoppage of work of 4 hours duration commencing at 0300 on Monday 4 October 2021.
  • A stoppage of work of 8 hours duration commencing at 1100 on Monday 4 October 2021.
  • A ban on attending for work when an employee is rostered as “off/avail” on Tuesday 5 October 2021.
  • A stoppage of work of 4 hours duration commencing at 0300 on Wednesday 6 October 2021.
  • A stoppage of work of 8 hours duration commencing at 1100 on Wednesday 6 October 2021.
  • A ban on the working of overtime from 0700 on Monday 4 October 2021 until 0700 on Saturday 9 October 2021.
  • A ban on the working of shift extensions from 0700 on Monday 4 October 2021 until 0700 on Saturday 9 October 2021.
  • A ban on attending for work when an employee is rostered as “off/avail” on Thursday 7 October 2021.
  • A stoppage of work of 4 hours duration commencing at 0300 on Friday 8 October 2021.
  • A stoppage of work of 8 hours duration commencing at 1100 on Friday 8 October 2021.
  • A stoppage of work of 4 hours duration commencing at 0300 on Monday 11 October 2021.
  • A stoppage of work of 8 hours duration commencing at 1100 on Monday 11 October 2021.
  • A ban on the working of overtime from 0700 on Monday 11 October 2021 until 0700 on Saturday 16 October 2021.
  • A ban on the working of shift extensions from 0700 on Monday 11 October 2021 until 0700 on Saturday 16 October 2021.
  • A ban on attending for work when an employee is rostered as “off/avail” on Tuesday 12 October 2021.
  • A stoppage of work of 4 hours duration commencing at 0300 on Wednesday 13 October 2021.
  • A stoppage of work of 8 hours duration commencing at 1100 on Wednesday 13 October 2021.
  • A ban on attending for work when an employee is rostered as “off/avail” on Thursday 14 October 2021.
  • A stoppage of work of 4 hours duration commencing at 0300 on Friday 15 October 2021.
  • A stoppage of work of 8 hours duration commencing at 1100 on Friday 15 October 2021.
  • A stoppage of work of 4 hours duration commencing at 0300 on Monday 18 October 2021.
  • A stoppage of work of 8 hours duration commencing at 1100 on Monday 18 October 2021.
  • A ban on the working of overtime from 0700 on Monday 18 October 2021 until 0700 on Saturday 23 October 2021.
  • A ban on the working of shift extensions from 0700 on Monday 18 October 2021 until 0700 on Saturday 23 October 2021.
  • A ban on attending for work when an employee is rostered as “off/avail” on Tuesday 19 October 2021.
  • A stoppage of work of 4 hours duration commencing at 0300 on Wednesday 20 October 2021.
  • A stoppage of work of 8 hours duration commencing at 1100 on Wednesday 20 October 2021.
  • A ban on attending for work when an employee is rostered as “off/avail” on Thursday 21 October 2021.
  • A stoppage of work of 4 hours duration commencing at 0300 on Friday 22 October 2021.
  • A stoppage of work of 8 hours duration commencing at 1100 on Friday 22 October 2021.
  • A stoppage of work of 4 hours duration commencing at 0300 on Monday 25 October 2021.
  • A stoppage of work of 8 hours duration commencing at 1100 on Monday 25 October 2021.
  • A ban on the working of shift extensions from 0700 on Monday 25 October 2021 until 0700 on Saturday 30 October 2021
  • A ban on the working of overtime from 0700 on Monday 25 October 2021 until 0700 on Saturday 30 October 2021.
  • A ban on attending for work when an employee is rostered as “off/avail” on Tuesday 26 October 2021.
  • A stoppage of work of 4 hours duration commencing at 0300 on Wednesday 27 October 2021.
  • A stoppage of work of 8 hours duration commencing at 1100 on Wednesday 27 October 2021.
  • A ban on attending for work when an employee is rostered as “off/avail” on Thursday 28 October 2021.
  • A stoppage of work of 4 hours duration commencing at 0300 on Friday 29 October 2021.
  • A stoppage of work of 8 hours duration commencing at 1100 on Friday 29 October 2021.
  • A stoppage of work of 8 hours duration commencing at 1100 on Monday 1 November 2021.
  • A stoppage of work of 4 hours duration commencing at 0300 on Monday 1 November 2021.
  • A stoppage of work of 4 hours duration commencing at 0300 on Wednesday 3 November 2021.
  • A stoppage of work of 8 hours duration commencing at 1100 on Wednesday 3 November 2021.
  • A stoppage of work of 4 hours duration commencing at 0300 on Friday 5 November 2021.
  • A stoppage of work of 8 hours duration commencing at 1100 on Friday 5 November 2021.
  • A stoppage of work of 4 hours duration commencing at 0300 on Monday 8 November 2021.
  • A stoppage of work of 8 hours duration commencing at 1100 on Monday 8 November 2021.
  • A stoppage of work of 4 hours duration commencing at 0300 on Wednesday 10 November 2021.
  • A stoppage of work of 8 hours duration commencing at 1100 on Wednesday 10 November 2021.
  • A stoppage of work of 4 hours duration commencing at 0300 on Friday 12 November 2021.
  • A stoppage of work of 8 hours duration commencing at 1100 on Friday 12 November 2021.
  • A ban on the working of overtime from 0700 on Monday 1 November 2021 until 0700 on Saturday 6 November 2021.
  • A ban on the working of overtime from 0700 on Monday 8 November 2021 until 0700 on Saturday 13 November 2021.
  • A ban on the working of shift extensions from 0700 on Monday 1 November 2021 until 0700 on Saturday 6 November 2021.
  • A ban on the working of shift extensions from 0700 on Monday 8 November 2021 until 0700 on Saturday 13 November 2021.
  • A ban on attending for work when an employee is rostered as “off/avail” on Thursday 4 November 2021.
  • A ban on attending for work when an employee is rostered as “off/avail” on Tuesday 9 November 2021.
  • A ban on attending for work when an employee is rostered as “off/avail” on Thursday 11 November 2021.

Victorian International Container Terminal (VICT):

Victoria International Container Terminal has completed its collective bargaining negotiations with the Maritime Union of Australia (MUA). The new proposed enterprise agreement has been successfully voted in by the company’s Operational and Engineering employees and will be valid for four years providing industrial certainty at VICT.

Key elements of the new agreement include:

  • Unique stevedore arrangements and flexibilities specifically aligned to complement VICT’s specialised automated container management systems. For instance, VICT’s Operational 4 shifts on, 4 shifts off roster, along with a flexible 42-hour roster to continue, as well as VICT’s unique automated workplace roles and efficient manning levels.
  • All Levels including casuals have been increased closer to so called “Industry Standards” within the first year followed by 2.5%, 3% and 3% for the remaining three years.
  • By the 4th year, the average pay increase would equate to 13.6% over current rates covering all permanent employees.
  • Total of 62 new permanent positions will be created. Based on the new agreement, it provides VICT with greater flexibility in our allocations and rosters.

Hutchison Port Australia:

It has been announced on 28th June that after three years of negotiations, the Maritime Union of Australia has reached a ground-breaking workplace agreement with the world’s largest stevedoring company, setting a new industry standard at container terminals in Sydney and Brisbane.

Workers will receive five 2.5% wage increases over the four year agreement once certified by the Fair Work Commission.

The agreement with Hutchison Ports Australia will see the introduction of 20 days paid domestic violence leave, the creation of permanent rosters, and the addition of a clause that gives the workforce the ability to find alternatives to redundancies in the event of an economic downturn.

“Please contact Hutchison Ports Australia Commercial Department should you require any further information. Tel: (02) 9578 8500″


Image sourced from Unsplash.com

Last updated 11/11/21