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case,  national  officials were  a  bit more relaxed  about
                                                              where  this  job  was  heading  than  they  ought  to  have
                                                              been at the time.

                                                              The  late,  great  John  Cummins  from  the  original
                                                              BLF/CFMEU era, used to say, “never let a job (building-
                                                              site), get out of the ground before its organized” – and
                                                              that’s what happened here. It could be argued things got

                                                              messy with the campaign losing traction for a while.
     The rank & file newsletter focused on Qld branch
     and national MUA policy & direction.                     The union managed to get itself tangled up with a multi-
            Edition #14. July 9. 2021                         million-dollar  damages  claim  from  the  company.  The
                                                              odds are, either win or lose, such matters usually cost a
                                                              union dearly. Best to avoid those situations. This is not
    SIGNIFICANT WINS FOR MUA MEMBERS AT                       to be risk averse in the old SUA style, or not having a go
    HUTCHINSON’S AND VICT CONTAINER TERMINALS….               at all. It’s about strategizing, boxing clever, against in
                                                              most cases, a very formidable foe.
    The  R&F  Newsletter  prides  itself  on  critiquing  MUA
    policy and direction as opposed to just criticizing policies   It might be suggested of those to whom it applies, to get
    or the leadership for its own sake, although we won’t shy   their head out of Marx for a moment and engage in some
    away  from  criticism  where  this  is  warranted.  On  the   other swatting – for example, some will know of “The Art
    other  hand,  where  good  work  has  been  done  by  the   of War” written by Sun Tzu in the 6  century. He was a
                                                                                                th
    leadership  in  assisting  to  advance  the  interests  of   military  strategist,  but  his  teachings  are  equally
    members,  it  also  behoves  us  to  acknowledge  and     applicable in other settings as many from the other side
    celebrate those victories as well.                        well know.

    The Hutchinson’s victory referred to in the last National   In the end the union was able to focus on its goal of
    Office Report is a case in point. This is a hard-nosed    organizing  the  membership  and  on  protecting  and
    organization,  strongly  opposing  any  union  influence   enhancing  job  security  and  improving  pay  and
    wherever it operates around the world. Where it must do   conditions on the site equal to industry standards if not
    so, it prefers to encourage the development of in-house   better. Well done all.
    union  structures,  with  the  intention  of  splitting  off  its
    employees  from  their  respective  traditional  union    As  it  became  clear  in  later  press  reports  obviously
    organisations.                                            leaked by VICT, it’d been necessary as part of the deal,
                                                              to enter into a legally binding agreement committing the
    This company doesn’t come to the negotiating table very   union and its members on that site from taking illegal
    easily, it plays hard ball, preferring to test the mettle of   action for 10 years, on pain of the union being penalized
    the  union  and  its  members.  It’s  clear  that  hard  work,   to the tune of some multi-million-dollar figure.
    perseverance, and co-ordination of solidarity action by
    all members across company operations in the various      The union needed to extricate itself from that potentially,
    states involved, together with intelligent and committed   very  costly  legal  battle  on  the  issue  of  damages.  No
    leadership at all levels, national, branch and importantly,   great criticism is warranted providing members on site
    from  the  workplace  delegates  themselves,  led  to  this   were able to make an informed decision in support of
    important victory. Well done All.                         the  whole  deal  including  in  respect  of  the  additional
                                                              binding agreement. For sure, many lessons have been
    Further  success  has  been  more  recently  reported  in   learnt from this experience.
    respect of EBA negotiations with VICT in Melbourne. As
    with  Hutchinson’s, this has  been  a  difficult campaign,   Finally, though, the protection of the automation clause
    requiring  perseverance  and  patience  in  building      is limited to the life of the EBA. A better alternative might
    membership solidarity and support, together with in the   have been to tie the life of the automation clause to the
    main, protected industrial action over a number of years   period  of  the  ban  in  that  separate,  legally  binding
    in bringing about a successful outcome. This has been     arrangement rather than include it within the EBA. The
    an  important  success  given  this  Philippines  based   Company may have been forced to agree to a lesser
    Company banging on about its intention to develop a       period on that basis.
    highly automated operation.

    It’s  an  observation  rather  than  a  criticism.  The  union
    dropped  the  ball  initially,  primarily  arising  from a  new   SEE  PAGE  2: ‘VIRTUE OUT OF NECESSITY’
    and  inexperienced  Victorian  branch  leadership  team       CHRISTY  CAIN’S RESURRECTION
    taking over at a critical time.  Perhaps it was also the                                    [Cite your source here.]
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