Tuesday 18 January 2011

Patrick convicted of discrimination, to pay up to $750K

The Melbourne Magistrate Court has found that Patrick Stevedores was
guilty of discrimination against a health and safety representatives under the
Occupational Health and Safety Act 2004 - SECT 76.

The court found in favour of WorkCover for three of the five charges that Patrick
was guilty of an indictable offence for discriminating against an OHS representative
for raising safety issues on the job.

A former Patrick employee, MUA Geelong safety representative and key witness
during the hearings, was suspended, reprimanded and threatened with the sack for
raising safety breaches where workers' lives were at risk.

Three waterside workers were killed on the Australian wharves last year alone.

The court ruling comes as EBA negotiations resume between the Maritime Union
of Australia (MUA) and Patrick in Melbourne over key safety issues, including the
lack of training and high casualisation at bulk and general operations.

"The court decision is a vindication of the protected action our members have
taken at Patrick bulk & general cargo facilities in recent weeks," said MUA
national secretary and president of the International Transport Workers' Federation
Paddy Crumlin.

"Some commentators have been quick to label the MUA's strikes as somehow
being ideologically driven - nothing could be further from the truth," said Ian Bray,
assistant national secretary. "Our members are suffering at these facilities. Suffering
intimidation and suffering indignity at the hands of indifferent management."

"Our concerns over safety are absolutely legitimate - as are our concerns over
a management culture that would enable this sort of discrimination of an OHS
representative," said Victoria state secretary Kevin Bracken. "Management
have little respect for their workers, so little they're willing to compromise on
safety and put lives at risk. This is not sustainable and Patrick must take action to
redress this culture of intimidation."

Patrick now faces fines that total up to $750,000, which the court will decide
when it sentences Patrick on Friday.

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