Court Victory for Maritime Unions

Date: 07 August 2003

Major blow to foreign shipping & Howard Govt

In what is undoubtedly the biggest court victory for maritime workers since the 1998 ruling against Patrick and the Federal Government, maritime unions are today celebrating a High Court decision that gives the Australian Industrial Relations Commission jurisdiction over foreign ships and crew carrying Australian domestic cargo on our coast.

The battle, which has been fought out in the courts with CSL Shipping Inc and the Federal Government since the Australian crew of the CSL Yarra barricaded themselves on board the bulk carrier in Port Pirie in May 2002 is all about protecting the rights of Australian seafarers to work in Australian waters.

Maritime unions (MUA, AIMPE and AMOU) and the ACTU argued that CSL was undermining the jobs of Australian maritime workers and ultimately Australian rail and road transport workers by flagging out two former Australian vessels in the Bahamas, replacing the crew with Ukrainian seafarers on wages and conditions below Australian standards and bringing the ships back to work the Australian coast.

"They're essentially bringing guest workers, exploited Third World labour, into our domestic transport industry," said National Secretary Paddy Crumlin. "And that undermines the jobs, wage and conditions of all Australian workers. These ships have been exploiting loopholes in the Navigation Act and using single voyage permits to undercut Australia shipping courtesy of the Federal Government. This decision will have widespread repercussions on all coastal shipping."

Today the High Court ruling spelt out that irrespective of what flag a ship flies, what nationality the crew is or what country the shipping company or employer is based in, if the ship is in the Australian coastal trade it comes under the jurisdiction of the AIRC.

Lawyer for the maritime unions Bill McNally said the employment law regulating the operation of foreign ships upon the Australian coast was now settled once and for all.

"The extraordinary thing is that the Australian Government, who intervened in the case, chose to support foreign ship owners not Australian workers. It is to be hoped that those responsible for the unpatriotic decision rethink their position," he said

The unions successfully argued their case in the Australian Industrial Relations Commission in September last year. But CSL, backed by the Australian Government, appealed the decision in the High Court. Today's unanimous decision of all seven judges on the full bench confirms the AIRC jurisdiction.

The matter will now return to the Commission, which already favours roping CSL Pacific Shipping Inc, the Yarra and the Stadacona, and ultimately any foreign ship in the domestic trade into the Maritime Industry Seagoing Award.

All costs were awarded against CSL.

MUA National Secretary Paddy Crumlin, mobile 0418-379 660

For further information

Contact:	Zoe Reynolds
Union:	Maritime Union of Australia
Phone:	0417 229873
WWW:	http://www.mua.org.au/

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