Australian judge orders dock hands reinstated, but not right away

April 21, 1998
Web posted at: 5:28 a.m. EDT (0928 GMT)

'MUA: here to stay'

MELBOURNE, Australia (CNN) -- Union dock workers in Australia celebrated an unexpected victory Tuesday after a federal court judge ordered 1,400 fired workers to be reinstated.

But the order was quickly postponed by the full bench of the federal court, which will hear appeals Wednesday from Patrick Stevedore, the company that fired the workers.

The workers were evicted from 17 terminals two weeks ago and replaced by non-union workers, prompting pickets that have disrupted Australian shipping. Patrick contended that the union workers were too expensive and inefficient.

More than 10,000 shipping containers have piled up at company facilities since the dispute began.

The Maritime Union of Australia (MUA) claimed that Patrick conspired with the government and the National Farmers Federation against the union. The court found that claim credible enough to issue the temporary order.

"There is an arguable case that the Patrick owners and Patrick employers have engaged in an illegal conspiracy," Federal Court Justice Tony North said.

Picket lines have blocked access to Australian ports

Union members burst into applause at the announcement and left the courthouse chanting "MUA: here to stay," a rallying cry for union members and supporters.

"This is the first step in pursuing justice for the 2,000 workers sacked on the night of April 7," MUA national secretary John Coombs said in a statement. Patrick also fired 600 temporary workers, who are not covered by Tuesday's order.

"This is also an important step in protecting the jobs of other Australian workers from ruthless employers," Coombs said. He demanded that Patrick immediately open its gates to MUA workers to make the ports operational again.

Patrick immediately said it would appeal the order. If that appeal fails, the back-to-work order would remain in effect until a full civil trial can be held on the claim. A pre-trial hearing is scheduled for May 28.

Patrick's boss Chris Corrigan called the order "unworkable."

"I emphasize that these are the preliminary views of a single judge and, with respect, I believe his honor is wrong," he said.

The decision is seen as a setback for Australia's conservative government, which has backed Patrick's anti-union campaign. Workplace Minister Peter Reith could be called to testify in an eventual trial.

Shares in Lang Corp., Patrick's parent company, were suspended from trading after a sharp drop on the news. Although economists worried about the impact on Australian exports, Lang's share prices had risen strongly since the dispute began.

Tuesday's ruling came as Australian farmers threatened to plow their trucks through the picket lines, a move planned for later this week. Prime Minister John Howard backed the farmers, but said they should stay within the law.

Reuters contributed to this report.

Related stories:

• Australian farmers ready to act against dock blockaders - April 20, 1998
• Court orders delay in Australian dock sackings - April 8, 1998

Related sites:

Note: Pages will open in a new browser window

• Labor Council of NSW - Directory of State Unions - The Maritime Union Of Australia
• Australian Financial Review
  • Patrick feels the pinch in dock war
• Australian Government
  • Prime Minister of Australia
  • Australian Competition & Consumer Commission
  • The Department of Workplace Relations and Small Business

  External sites are not endorsed by CNN Interactive.

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