Sydney, May 4: In a major blow to the Australian government's efforts to break the union monopoly on the country's ports, the high court here today ordered reinstatement of all 1,400 dockworkers sacked by port operators Patrick Stevedores nearly four weeks ago.In a 6-1 majority decision, the country's apex court dismissed an appeal by Patrick, the second biggest port operator in the country, against a federal court order to reinstate the sacked workers.
The court ordered restoration of Patrick's position prior to April 7, when the company declared a loss of 56 million Australian dollars by its labour hire companies and terminated its labour hire agreements, effectively sacking its entire unionised workers and replacing them with non-union contract staff.
The decision is seen as a major setback to Australia's conservative government which has supported Patrick throughout the dispute in an attempt to get the Maritime Union of Australia (MUA) improve efficiency on the waterfront.Chief justice GerardBrennan said priority should be given to the power of the administrator on the solvency of companies.
``It is not orders made, but a decision to resume trading that may see the employees return to work,'' the ABC Radio quoted justice Brennan as saying.
Peter Brook, one of the administrators of the four Patrick labour hire companies told the radio the decision did not guarantee reinstatement of the sacked MUA workers.
Brook said the decision meant the administrators could make a decision on whether the labour companies would trade again, and whether any sacked waterfront workers would be rehired.
He said he still did not have the 3.65 million dollars required to resume trading.
However, the unions have been claiming victory and the Australian council for trade unions (ACTU) president Jennie George told jubilant dock workers at Darling harbour in Sydney, ``we have had the rule of law rule on the side of ordinary working people against the might of corporate power and the might ofgovernment.''
Meanwhile, the government reiterated its commitment to waterfront reform, with federal transport minister Mark Vaile saying, ``our government as a whole .. will continue to push for waterfront reform under whatever means.''
``We are going to achieve waterfront reform in Australia and we remain absolutely focused on that path,'' Vaile said.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.
