Terminal operator DP World Australia (DPWA) has hit back in the war of words with trade unions following the Federal Court of Australia’s (FCA) decision on 31 January to grant a temporary injunction to the company that protects against further industrial action.
The FCA decision will be in place until at least 13 March when the court will adjudicate again.
Following the FCA decision DWPA released a statement from DPWA COO Andrew Adam that claimed, “The order meant it was business as usual at the terminals and customers could be assured there would be no disruption to normal services.”
On 1 February the Maritime Union of Australia (MUA) assistant national secretary Warren Smith accused the company of “distortions” and “verballing” and said the FCA decision was an attack on the fundamental rights of workers to withdraw their labour.
On 2 February the DPWA issued an update to its original statement saying that the union had “mismanaged” negotiations.
Adam said, “The statement by the union over local worker rights is another attempt to distract CFMMEU members’ attention from its mismanagement of bargaining for new enterprise agreements at DPWA’s terminals around Australia.”
The DPWA added that it had “Sought an injunction against industrial action coordinated by the Construction Forestry Maritime Mining Energy Union (‘CFMMEU’), on the grounds at least one of the union’s claims in enterprise bargaining was not permitted under the Fair Work Act 2009.
“In granting the interim injunction, the Federal Court of Australia determined the CFMMEU has a case to answer on its decision to press for claims that fail to comply with Australian workplace laws.”