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In approximately 2006, Patrick crane maintenance was
                                                              taken over by ATIVO, employing the former employees
                                                              of  Transfield,  many  of  whom  were  from  the  original
                                                              Patrick  maintenance  workforce.  Importantly,  these
                                                              employees continued to enjoy the benefits of an EBA
                                                              negotiated by the MUA.

                                                              Automation

                                                              Another major change then occurred when Kalmar won
     The rank & file newsletter focused on Qld branch         the  contract  for  providing  maintenance  to  Patrick
     and national MUA policy & direction.                     Straddle Carriers across their Melbourne, Sydney and,
            Edition #15. July 26. 202                         Brisbane  Terminals  where  the  first  fully  automated

                                                              Straddle Carriers were introduced.
    KALMAR STRUGGLE                                           Kalmar is part of the Finnish based Cargotec group of
                                                              companies  operating  in  45  countries  and  one  of  the
    This  is  an  extraordinary  story,  involving  at  best,
    incompetence and at worst betrayal and deceit, by MUA     leading  suppliers  of  load  handling  equipment  to
    officials towards a member at their most vulnerable  –    stevedoring  and  shipping.  Another  subsidiary  of
    when  they’ve  been  sacked  by  their  employer.  The    Cargotec, Navis, had purchased the proprietary rights to
    member was also an elected MUA workplace and HSR          Patrick  automation  technology  which  had  been
    delegate.  It’s  Larry  Foley’s  story  and  he  deserves  to   developed in conjunction with QUT.
    have it told!                                             It was not coincidental that Kalmar took responsibility for
                                                              the  maintenance  as  well  as  the  supply  of  this  new,
    Because of its sheer breadth, the story needs to be told
    in  two  parts.  Part  1  in  today’s  issue  of  the  R&F   automated machinery at the Patrick Brisbane Container
    Newsletter provides the background in which a relatively   Terminal. The majority of the Kalmar (Patrick Contract)
    small  group  of  stevedoring  industry  maintenance      workforce  were  newly  recruited  with  a  small  number
    workers struggled for almost five years to obtain union   transferred from other Kalmar worksites.
    recognition in the face of consistent opposition from both   These stevedoring maintenance operations across the
    a  hostile  employer  and  seemingly,  an  equally        Patrick terminals were then, effectively, de-unionised by
    disinterested union.                                      default. Both nationally and at the branch level, the MUA
                                                              neither  sought  to  organize  these  workers  nor  pursue
    The Beginning
                                                              EBA negotiations on their behalf.
    Our story begins in the aftermath of the Patrick dispute
    in 1998 where the company insisted on outsourcing its     Larry  Foley  joined  Kalmar’s  stevedoring  maintenance
    stevedoring  maintenance  activities  in  the  ports  of   operations  in  Brisbane  in  November  2007.  Despite
    Melbourne,  Sydney,  and  Brisbane.  This  involved  the   being trade qualified, he was initially hired, more or less
    jobs of approximately 167 highly skilled mechanical and   as  a  tradesman’s  assistant.  A  few  weeks  later,  Larry
    electrical tradesmen.                                     was  offered  a  tradesman’s  position,  no  doubt  the
                                                              company had wanted to assess him first.
    The MUA insisted on final union approval of any winning
    contract bidder, a fully negotiated EBA prior to transfer   Struggle & Opposition
    of employment, with trade personnel made surplus to       Kalmar was notoriously anti-union, even proclaiming on
    requirements given the option of voluntary redundancy     their  website  at  one  stage,  they  were  the  proud
    or operational positions within the Patrick workforce.    providers  (sic),  of  non-union  labour  to  the  Australian
                                                              stevedoring industry. It’s hardly surprising there was a
    US based engineering contractor, Fluor Daniel won the
    job,  hiring  on  117  of  the  tradesmen  at  standard   small,  yet  vocal  minority  of  tradesmen,  primarily  from
    stevedoring    industry    employment      conditions.    amongst those brought in from other Kalmar sites, who
    Approximately 30 accepted voluntary redundancy with       strongly opposed union involvement.
    the remaining 18 transferring to the Patrick operational   Despite this, a number of tradesmen over the years had
    workforce,  although  many  were  later  offered  trade   put up their hands to become spokesmen on behalf of
    positions with Fluor Daniel.                              their  Kalmar  workmates.  Due  perhaps  to  the  difficult
                                                              environment and lack of success, some moved on. At
    Fast forward a number of years, a new MUA national
    leadership  team  were  now  firmly  led  by  Padraig  and   least one was paid a substantial cash amount by the
    other  remnants  of  the  former  SUA.  Fluor  Daniel  had   company to do so as well, rather than face the threat of
    departed,  as  had  a  succession  of  other  engineering   severe company reaction to his efforts on behalf of the
    maintenance contractors, including Skilled Engineering    workforce.
    rebadged  as  Skilled  Maintenance,  and  Transfield  for   Page.1
    example.
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