THE MARITIME Union of Australia has warned of “imminent” industrial action at Qube’s bulk and general port operations, beginning in Melbourne, Port Kembla and Brisbane.

The MUA on Monday unveiled a raft of work stoppages and bans its members plan to escalate at the ports this week, against employer Qube amid wage negotiations. Bans have already commenced in Melbourne.

The stoppages and bans received near-unanimous support in recent protected action ballots, the results of which were published by the Fair Work Commission on Friday 6 September (for Port Kembla and Brisbane) and on 20 August (for Melbourne).

Participating Port Kembla wharfies (141 out of an eligible 146) voted 100% in favour of all strike actions, while participants at Brisbane (127 out of an eligible 132) backed the action with 99.2% support. The ballot for Melbourne, the results of which were published in August, saw 105 out of 112 eligible voters give 100% support to the proposed stoppages and bans.

Bans and stoppages permitted as protected action at the three locations include the following:

  • Unlimited one-hour stoppages
  • Unlimited four-hour stoppages
  • Unlimited eight-hour stoppages
  • Unlimited 12-hour stoppages
  • Unlimited 24-hour stoppages
  • An unlimited number of bans on working a ship for at least eight hours after that ship has been tied up to the wharf
  • Unlimited bans on working any shift longer than eight hours
  • Unlimited bans on working any shift that does not commence at either 0700, 1500 or 2300
  • Unlimited bans on performing a shift extension
  • Unlimited bans on performing a shift pre-start
  • Unlimited bans on performing shifts that have a start time that has been varied from the ordered allocation time
  • Unlimited bans on performing call-ins outside of allocated shifts
  • Unlimited bans on performing the duties of another employee who is on a meal or other break
  • Unlimited bans on performing work between 2300 and 0700
  • Unlimited bans on performing work on any nominated shipping line
  • Unlimited bans on performing Grade 5, 6, and/or 7 upgrade work
  • Unlimited bans on driving above 15 kilometres per hour on any wharf and on any PCC, PCTC and ro-ro vessels
  • Unlimited bans on loading or unloading any truck displaying a Qube logo
  • Unlimited bans on transferring between berths and sites once allocated to work
  • Unlimited bans on using personal mobile phones for work purposes while on shift

MUA, a division of the CFMEU, claims it has been seeking early, co-operative negotiations with Qube management since October 2023. It said the last employment agreement expired in June this year against a backdrop of managers “deliberately stalling and derailing” the formal negotiation process.

“This is not a company which respects its workforce or seeks an early, amicable outcome. They are trying to game the IR system with delays and provocation,” MUA deputy national secretary Warren Smith said in a statement.

“Our members are leading this from the grassroots, with some of the strongest and most emphatic responses you’ll ever see in a protected action ballot,” he said.

“Qube’s managers are determined to avoid their moral and legal obligations during the bargaining process and have shown nothing but disrespect to their workers throughout the past four years, let alone the last 10 months, that the union has been trying to engage with bargaining.”

A spokesperson for Qube told DCN said the reality of the situation is that bans commenced in Melbourne weeks ago and Qube has been at the negating table, “often alone”, for months.

“As recently as last week, Qube extended an offer to the union that would see existing agreements effectively rolled over for four years, pay rises for stevedores who are already paid 143% above the award of 5% in the first two years of new agreements and 4% in each of the subsequent two years, and back pay to July 1 for agreements concluded by 30 September,” the spokesperson said.

They said the CFMEU, amid a hearing in the Federal Court, was last week forced to “abandon their insistence” on negotiating a national log of claims that do not apply to each port.

“This had been a major sticking point in negotiations and was a welcome, albeit belated, concession,” they said. 

“It’s time the union now get back to the negotiating table, engage with the generous offer on the table and proceed with port-by-port agreements that deliver real outcomes for workers, rather than issue hyperbolic press releases.”

Mr Smith told DCN that Qube now has the chance to “start engaging with their workers in good faith” towards settling a new employment agreement and avoiding further disputation.

“In recent months, however, they have wasted our time and the Fair Work Commission’s resources on legal challenges to our lawful right to ballot members about taking protected industrial action,” he said. “In all of these legal challenges, Qube have failed.”

Qube said it is preparing scenario plans to respond to any industrial action that eventuates at its other port locations and will work with its customers to minimise impacts as far as possible.

The union would need to give three days’ notice before any of the approved actions can commence.