For more than 3 years, Svitzer Australia Pty Limited has been bargaining for a new enterprise agreement with three unions: the Maritime Union of Australia (MUA), the Australian Institute of Marine Power Engineers (AIMPE) and the Australian Maritime Officers Union (AMOU).
Currently, the unions have notified protected industrial action that includes the following –
A 24-hour stoppage in Newcastle (from midnight tonight until 00:01 18 November)
A 12-hour stoppage in Albany (from 7am 17 November)
A 12-hour stoppage in Fremantle (from 7am 17 November) (as well as a 3.25 day ban on overtime)
A 4-hour stoppage in Geraldton (from midnight to 4am 17 November)
A 24-hour stoppage in Kwinana (from 8am 17 November) (as well as a 3.25 day ban on overtime)
A 4-hour stoppage in Adelaide (from midnight to 4am 17 November)
A 4-hour stoppage in Port Pirie (from midnight to 4am 17 November)
A 24 hour ban in Sydney on the service of certain shipping line customers (these customers have already been advised) and on performing overtime and relief work.
Svitzer Eagle. Credit Jean Hudson
On 14 November 2022, Svitzer issued a media release stating that it had given notice to harbour towage employees of a lockout that will take place from Friday, 18 November 2022, and will continue indefinitely.
Svitzer’s announcement has caused the Fair Work Commission to consider making an order on its own initiative to suspend or terminate protected industrial action by Svitzer.
This matter was initially listed for mention at 12.00pm (AEDT) today, Wednesday, 16 November 2022.
Paddy Crumlin for the MUA has said in a statement –
The Fair Work Commission has signalled that it may intervene formally to prevent the economic and social chaos of a nationwide port shutdown but gave company bosses an opportunity to withdraw their threat voluntarily and return to good-faith bargaining.
Svitzer management representatives refused at a meeting today with Fair Work Vice President Hatcher to withdraw the lockout notice. In fact, Svitzer Managing Director Nicolaj Noes failed to present at the hearing today, and also refused to participate in Fair Work convened meetings yesterday with the Unions.
Vice President Hatcher had asked that Svitzer engage in a conciliation process this week to avert a supply chain disaster on Friday, but Svitzer’s management team refused.
Accordingly, with the bosses’ lockout of tugboat workers still looming large over the national economy, tomorrow a full bench hearing of the Fair Work Commission will consider whether to suspend or terminate the lockout threat made by Svitzer Australia management.
All three unions representing workers employed at Svitzer Towage – the MUA, the Australian Institute of Marine and Power Engineers (AIMPE) and the Australian Maritime Officers Union (AMOU) – offered to withdraw any further industrial action until beyond Christmas so that good faith bargaining could resume, however, the company refused to agree to this proposal and is persisting with its planned lockout on Friday.
Svitzer have noted that most parties acknowledged in the FWC today that the lockout will cause significant economic harm.
The Full Bench will now hear the current dispute on Thursday and Friday morning, if necessary.
The FWC indicated that the intention is for a decision to be made before the commencement of the lockout at 12pm AEDT, Friday 18 November.
It appears that if FWC orders termination of the lockout, this automatically flows on to the Union members’ protected industrial action and terminating it too. In short, Svitzer appear to have engineered the lockout as a means of ending the current industrial action.
In the meantime, Svitzer says it is important to note that all protected industrial action (including the lockout) remains in place.
Svitzer Newton, Fremantle. Credit Deanna Shanahan
In these circumstances, Fremantle Ports have issued a notice to all Shipping Agents to the following effect –
This Shipping Agents’ Memo is applicable to all shipping movements from 17 November 2022 / 0800 hours onwards for an indefinite period for vessels serviced by A-class towage in the Port of Fremantle.
Due to Protected Industrial Action called by Svitzer A-Class towage service provider crews, towage services will not be available for shipping movements during this period.
Additionally, commencing 18 November 2022 / 0900 hours SVITZER has announce that they will be locking out all crews from their A-Class towage assets.
Details of the Protected Industrial Action are given below
Inner Harbour timings
Thursday, 17 November 2022 0700 hours to 1900 hours Friday, 18 November 2022 NA
Outer Harbour timings
0800 hours to 2400 hours 0000 hours to 0800 hours
• Indefinite bans on crews working beyond 12 hours of continuous duty
• Indefinite bans on crew operating a vessel in excess of 5 hours without a 30-minute rest break
• C-Class towage will not be affected by this Protected Industrial Action
Details of the SVITZER crew lockout are given below
Inner Harbour timings Outer Harbour timings
Friday, 18 November 2022 0900 hours – Indefinitely 0900 hours – Indefinitely
In order to prevent vessels from being held alongside for an unforeseen period of time and as a safety and emergency management consideration, Fremantle Ports is planning to evacuate the Inner and Outer Harbours in the below manner.
The evacuation will be planned in a manner so as to minimise operational disruption to vessels, terminals and port customers.
• All Outer Harbour berths will be cleared latest by Thursday 17 November / 0800 hours.
• All Inner Harbour berths will be cleared between Thursday 17 November / 1900 hours and Friday 18 November / 0900 hours (commencement of lockout)
We will update next steps in the resolution of the dispute as we learn of them.
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