The Maritime Worker Te Whanganui-a-Tara A PIECE OF HISTORY – AND A WIN FOR OUR SEAFARERS

In March 1996, the Seafarers Union won a court case against Tranz Rail Ltd, now known as Kiwirail.

This case came about because the company refused to supply free food and water for their employees under the Maritime Transport Act.

Tranz Rail argued their only obligation was to make food and water available to crew – they claimed the Act was not clear about who had to pay. Thus their position was they could charge crew for the food if that was part of their contract with them.

Furthermore, the company pointed out the crew were able to bring their own food on-board if they so wished.

The Employment Court rejected Tranz Rail’s arguments. The Court ruled that under the Act food and water should be provided free of charge.

Furthermore, there was no distinction in law between the type of vessel or the length of the voyage. The Judge who ruled on this case noted the Act would apply to crew working in the capacity as a “walk on walk off” (WOWO) crew member on the Inter-Island ferries.

The Judge concluded it was unrealistic to suggest crew supply their own food and water considering the employers were the only source of providing essential supplies.

The Court found in favour of the Seafarers Union. Members won the right to be fed for free on-board the ferries.

This practice obviously still exists today backed up by clause 12.3.2 of our Collective Employment Agreement and the MLC (Maritime Labour Convention) Bill of Rights.

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However, over the 12 years of working as a WOWO Cabin Attendant there has been a lot of debate about our entitlement to meals at different times on the vessels, particularly dinner on the Kaitaki.

This issue is still causing problems and unfortunately some culprits have been our own members.

Today the excuse to not feed WOWO crew at 1645 when dinner is served is coming from the company.

The company claim they are not wanting crew to be away from their outlets when the ship is arriving into Wellington.

Their alternative is to put on an additional afternoon meal as opposed to just 1. going up at 1645 or 2. to pay the dinner allowance of $59 per person per dinner meal.

The feedback from crew has been clear regarding the quality of food and the time frame it is being served.

There will be a review in February to go over what works and what does not.

In my opinion the company have come up with their own solution but it is obvious the best solution is to allow the WOWO crew to go up at 1645 to have dinner, or to have dinner served 15 minutes earlier.

A bit of flexibility is all that is required by the company. I hope that this long and unnecessary issue will soon be resolved.

– Fiona Mansell