Court backs walk-out, but wharfies go back to work
Auckland watersiders have opted to call off today’s strike action - despite winning a landmark court case letting them go ahead.
But the wharfies still threaten to strike for seven days from July 9, a move which Ports of Auckland says will have a sharp impact on the whole economy.
Up to 250 Ports workers were poised to strike for 48 hours from 7 am after a last-minute bid to stop the action failed in the Employment Court.
In an important test case, Ports argued that the strike breached good faith under the Employment Relations Act because the notice was issued while both sides were in mediation talks.
But Judge Barrie Travis ruled that there was no evidence the strike notice had significantly undermined the talks, and he was unconvinced that the action breached good faith.
Waterfront Workers Union branch president Denis Carlisle said today’s strike was lifted late yesterday after talks made “sufficient progress.”
The progress included a shift in Ports’ stance on a general wage rise and having a collective contract for all union members.
“We still have a fair bit to sort out, but we’re confident we can make more progress,” Mr Carlisle said.
Ports group public affairs manager Karren Beanland said the company hoped to avert the week-long strike during further talks, to resume at 9 am today.
The workers’ contract expired at Christmas and the new claims were lodged in mid-February.
One wrangle was that the workers wanted a 5.5 per cent pay rise after years of losing ground. Another was that Ports wanted to boost its pool of casual labourers working for $12.50 an hour - about $11 less than a stevedore earned.
But Ports argued that it had offered a 2 per cent pay rise plus a share of profits and it was “completely wrong” to portray the issue as a dispute over casualisation of its workforce.
Ports lawyer Philip Skelton argued that the union’s issuing notice of strike action during mediation breached good faith under the act. The strike notices were therefore invalid.
But union lawyer Simon Mitchell said the notices were issued only after lengthy talks.
Ports has estimated that a one-week strike would affect 11,000 containers and 36 ships.
