The Maritimes June 2022

MARITIMES

The magazine of the Maritime Union of New Zealand JUNE 2022

Contents 2

National Secretary’s Report

4

Workplace Fatalities

6

New Zealand coastal tankers

NATIONAL SECRETARY REPORT Craig Harrison National Secretary

8 Unbroken:

the struggle for Ports of Auckland As I write this comment and reflect over the last three 12 Union access to worksites months, I think this period would be one that stands out for all the wrong reasons. With loss of life of two port 13 P & O Ferries dispute workers and the loss of both Tankers on the coast it has been a busy and also sad time for our Union and officials.

14 Availability: on call contracts illegal I along with our Union members and the wider Union movement would like to acknowledge both the families 17 Workers oppose war of Atiroa Tuaiti and Don Grant and their fellow work mates at this difficult time.

18 Health and safety special report:

trapped in confined space It has been tragic to see the effect on the families of these workers and the impact on the workplace. What 22 Branches is hard to accept is that these deaths come following the recent deaths at the Ports of Auckland and the damning 24 NZ Coastal Tankers: report on the Health and Safety Culture at the Ports of

95 years of service Auckland, that weighted profits and production ahead of Health and Safety. That is not saying it was in these more 30 Supply chain crisis recent cases, but unfortunately there will be underlying issues that have contributed to both events.

The Maritimes is the official magazine of the Maritime Union of New Zealand ISSN 1176-3418 Authorised by Craig Harrison, 220 Willis Street, Wellington Editor Craig Harrison, National Secretary Email craig.harrison@munz.org.nz Editorial and production Victor Billot Email victor.billot@munz.org.nz Maritime Union of New Zealand National Office Level One, Waterside House 220 Willis Street Wellington

In the coming months the industry regulator Maritime New Zealand will be doing both of the investigations.

There is a lot of speculation on social media and the wider media on what could have happened. All this is best left to the regulator and we ask that a full and comprehensive investigation leads to explaining what has happened in both events.

If there can be any good come of this it has been the response by the Minister of Transport Michael Wood who has ordered the Transport Accident Investigation Commission look at both incidents.

The Minister has also requested both Maritime New Zealand and WorkSafe visit 13 ports in New Zealand and request what are some of the specific controls around for example working at heights. Both regulators will be focusing on four specific controls as a way of comparing what the various ports and stevedoring companies controls look like around the country.

PO Box 27004 Wellington 6141 Phone (04) 3850792 Website www.munz.org.nz THE MARITIMES

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Our Union has long called for a national enforceable standard in the stevedoring industry which any company choosing to do business must abide by. As we have all seen over the years with competition in the industry the race to the bottom has meant the only compromise that can be made after wages is health and safety. We often see the working of ships without adequate supervision as by removing this cost it can be the difference between a company getting a contract and missing out.

What we need to inform our members is that all these companies are covered by the current Health and Safety legislation, and they all operate in Ports that are under control of the Port owners. These entities are identified as Person who Controls a Business Unit (PCBU).

What this means for a worker on a port is that anyone can report something that is unsafe, be it in their workplace or another workplace. For example, if you see something like a work practice that you consider unsafe you can report it to not only the company that you are employed by, but also the Port Company that is controlling the Port. A worker could make the Port Company aware of what they consider to be unsafe work taking place.

Our Union is campaigning hard to bring in national standards for stevedoring that is enforceable in law. What we need is all our Health and Safety Reps to be involved with the current review underway by both Maritime New Zealand and WorkSafe. Once the review is complete the Minister of Transport is looking for a full report by September this year with recommendations.

There is a significant amount of work being done over the coming weeks. I will be looking out to Branches and members for help in getting our position clear and what the minimum standards required of the industry should look like.

There is some thought around our Union that we should have taken direct action against Silver Fern Shipping, but I don’t think that taking direct action against Silver Fern Shipping would have resulted in anything but the same result. The driver behind the removal of New Zealand ships and crews was the oil companies.

If we had an industrial dispute on the vessels and stopped them sailing, I think we would have seen the oil companies bring in foreign vessels earlier. The oil companies could have chosen to keep both New Zealand vessels employed in their model but they did not want to.

Our Union raised the issue of fuel security and redundancy in the supply lines. Along with the Merchant Service Guild and the Aviation and Marine Engineers Association we met with both the Deputy Prime Minister Grant Robertson and the Minister of Transport Michael Wood.

All the Unions put the argument around the issues and highlighted the role this company has played in supporting the training of young New Zealanders into the industry. Our Union contacted the Maritime School and got support for our cause for the industry.

Our focus is to now seek work for our members who have come off these vessels. In the coming weeks, our Union will be involved with talks with Atlas Marine about a possible Collective Employment Agreement for two container vessels currently running between New Zealand and the Pacific Islands. The ships are on charter to Maersk now and they look to have a good amount of work just in transiting containers around New Zealand.

There is a lot more work to be done, but our campaign will continue to establish a good coastal shipping industry for not only our members but also all New Zealand.

Our Union has been advocating that at the very least we should have a Stevedoring Code of Practice like the Australian industry. I have also been advocating that we should looking at standards in USA and Canada and seeking the absolute best we can for our members and all port workers.

Our Union will be holding its first National Council meeting for 2022 in the near future and for the first time for a while we will see delegates from Australia attending the meeting. The MUA is bringing a delegation of six over to the meeting as we look to discuss the stevedoring issues and shipping issues affecting all our members.

The loss of both coastal tankers has had a significant impact to our Union and the industry. While we raised the issue with Government and sought support, in the end it was the oil companies that have decided to not only to close Marsden Point Refinery but also cancel the contract with Silver Fern Shipping.

In closing I would like to acknowledge the work done by both our local officials and workplace delegates over the last couple of months which in my time in the industry have been some of the most trying.

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Death at Ports of Auckland

Death at Port of Lyttelton

The death of a young worker and Maritime Union member at the Ports of Auckland has led to an outpouring of grief from the community and the launch of a national inquiry in port health and safety.

26 year old Atiroa Tuaiti Jnr died on the morning of Tuesday 19 April 2022 in a workplace accident while working at the Ports of Auckland.

It is understood he fell from a height while working on the Singaporean flagged container ship Capitaine Tasman.

Atiroa was employed at stevedoring company Wallace Investments that operates at the Ports of Auckland.

He was an Otara resident who grew up on Aitutaki in the Cook Islands, but moved to South Auckland during his teens and attended Mt Roskill Grammar. He worked at the port for several years and was a well known and much loved member of his community.

He leaves a partner and two young children. Family members of Atiroa were working on the wharf when the accident occurred.

There has been a massive response by members of the public who expressed their condolences but also demanded action to prevent this ever happening again.

Maritime Union member Don Grant died on the job at the Port of Lyttelton on 25 April, less than a week after a death at the Ports of Auckland.

In a statement, his family said that as name suppression lifted they wanted to share what he meant to them.

“Don was a devoted husband, an incredible father, a loving and involved grandfather, and friend to many.

“Don was loved, respected and admired by so many people. He was a generous, loyal and inspiring man who should have had many more years of life to enjoy.”

They said Grant’s family, friends and workmates were devastated by his tragic death.

“While Don loved his job at Lyttelton Port, all workers need to know that they are safe and will be coming home from work to their loved ones.

“We don’t want this to happen to anyone else.”

The family was still processing his loss, and asked for privacy while they grieved so they could continue “to digest and understand the tragedy”.

Mr Grant was fatally crushed while loading coal on the ship ETQ Aquarius at Cashin Quay. An investigation has begun.

A service was held in the port on International Workers Memorial Day on Thursday 28 April attended by over 100 port workers.

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International Workers Memorial Day is observed at Port of Lyttelton, 28 April 2022

Port health and safety inquiry ordered The Government has announced a range of actions to fix health and safety problems in New Zealand ports, following two deaths in ports in April 2022.

“The human cost of these deaths is enormous and it has been painful to see the great hurt and grief of family and workmates.”

The Minister for Workplace Relations and Safety Michael Wood says an investigation will be held by the Transport Accident Investigation Commission (TAIC).

Rail and Maritime Transport Union General Secretary Wayne Butson says many of the workers who have died in New Zealand ports in recent years have been young people.

Port companies are being asked to review their operations, and industry and unions will be asked if regulatory changes are required.

MUNZ and the RMTU made a joint statement to express their unity and determination to prevent any more unnecessary deaths in New Zealand ports.

Maritime Union of New Zealand National Secretary Craig Harrison says both port workers killed on the job were Maritime Union members.

He says after attending a service on the wharf for Atiroa Tuaiti in Ports of Auckland last week it was hard to see the effect on the workmates and loved ones.

All were fathers, mothers, sons, daughters, and had families and friends and workmates who have been left devastated by their loss, he says.

“Workers have a right to come home safely. These workers are carrying out essential work that our nation depends on. They have been failed by the system.”

Mr Butson says there are common systemic issues in the industry including staffing levels, fatigue due to excessive hours and shift work, productivity pressures, and failures around training and a safety culture.

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The end of New Zealand coastal tankers Despite a hard fought campaign over the last few months, the shortsighted self interest of petrol corporates has left New Zealand exposed to fuel insecurity in a volatile global situation THE MARITIMES

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Unions representing ship crews says the removal of two New Zealand coastal tankers by petrol companies is disappointing and has damaged New Zealand’s maritime industry.

Two New Zealand coastal tankers MT Matuku and MT Kokako have been taken off the New Zealand coast and have gone overseas, after being reflagged to the Marshall Islands registry.

The decision was made by petrol companies who are now using a radically new and untested model of direct imports on overseas vessels from Asian refineries.

The changes followed on from the closure of the Marsden Point refinery, which has also attracted much criticism.

Three unions led a combined campaign over several months to keep the tankers on the coast – the Maritime Union of New Zealand, the New Zealand Merchant Service Guild and the Aviation and Marine Engineers Association.

The removal of tankers and closure of the Marsden Point Refinery has left New Zealand exposed as the international tanker market is in turmoil.

The Ukraine war has destabilized the global energy market and shipping, and there are further political tensions in the Asia-Pacific region.

Even Australia, with a conservative anti-union and probig business Government, has subsidized the continued operation of two refineries to ensure fuel security.

New Zealand now has no domestic tankers in service.

In the event of a local emergency – such as a natural disaster – or international disruption from war or tanker shortages, New Zealand is completely dependent on overseas tankers. The 2017 Marsden to Auckland pipeline failure was noted as an example of how one event could create supply issues.

Other risks include “off spec” fuel, and the potential for delays and congestion as a large number of international tankers will now be entering into New Zealand ports to deliver fuel. The size and draught of these tankers means that they will have to follow very specific schedules.

The fuel security campaign Save Our Tankers requested the Government to step in to keep two New Zealand coastal tankers in service as floating storage units.

Despite meetings with the Deputy Prime Minister and the Minister of Transport, and widespread concerns from the industry, the Government did not intervene.

The Maritime Union regards the closure of Marsden Point and the removal of New Zealand coastal tankers as a serious error.

The assurances of petrol companies ring hollow and the claim that our “reserves” can include fuel in transit (perhaps thousands of kilometres away) or “tickets” that comprise of fuel held in other countries is not credible.

The removal of the tankers has resulted in the loss of around 80 seafaring jobs and training opportunities for young seafarers.

The two New Zealand tankers had been chartered by Coastal Oil Logistics Limited (COLL) to transport petroleum products from the now closed Marsden Point Refinery to New Zealand ports on behalf of its shareholders BP, Mobil and Z. The vessels were managed by New Zealand operator Silver Fern Shipping Limited and owned by international operator ASP Ship Management Group, which chartered them to COLL. The decision to remove the tankers flowed on from the closure of the refinery. This was a decision by refining and petrol companies to ensure maximum return for shareholders, not what is in the best interest of New Zealand as a whole.

In the event of tanker shortage, war, or fuel crisis in other countries, the idea that New Zealand will be at the top of the list is highly unlikely.

MUNZ will continue to work for a “Just Transition” to modernize our transport networks.

In the medium term New Zealand will move away from fossil fuels and there will be new opportunities as coastal shipping is the most environmentally friendly bulk transport mode.

New fuel technologies such as hydrogen are being developed and there is also substantial interest in offshore renewable energy such as wind farms which will require marine crews to construct and maintain.

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UNBROKEN Auckland Local 13 and the decade long struggle at Ports of Auckland

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A Ports of Auckland manager once told me “hope is not a strategy.” What he didn’t realize was “hope is a goal that you collectively fight to get to.”

1 December 2021 marked a significant date in the 10-year struggle between the Maritime Union of New Zealand Auckland Branch Local 13 and Ports of Auckland management.

For the first time since 2015, union stevedores at the terminal can only be mandated to work 48 hours in a calendar week with voluntary overtime, instead of being mandated to work 60 hours per week.

The struggle between Auckland Local 13 and Ports of Auckland management has ultimately been about power and control. 10 years later it is the Maritime Union membership that has prevailed, and collectively we are taking back control of our working lives, but at great cost.

In early 2012 there was approximately 320 union stevedores at the terminal. After being on strike or locked out for six weeks, thanks to a court order we got back in the gate. Ports of Auckland management then turned the heat up on the union members by several notches, talk about intimidation and bullying. As always in any war there were plenty of selfish, greedy people who were willing, able and in fact enjoyed carrying out the orders of the new culture in management.

They starved Local 13 members of any overtime, limited the number of higher paid jobs a Local 13 member could pick up, upskilled anyone who was not a member of Local 13, but worst of all ignored any health and safety issues as whinging or politics. I recall one time complaining to the General Manager about Local 13 members treatment only to be told that “it was all perception!”

The new staff were told not to listen to those Local 13 union wharfies as they were “lazy”, and they did not have the same principles, values and culture as Ports of Auckland. Damn right Local 13 members didn’t have the same principles, values and culture of the Board, management or the CEO. The newbies were encouraged to embrace Ports of Auckland principles, values and new company culture that would have a devastating and lasting effect on staff, families and individuals and would leave us fighting for our jobs thanks to poor board and management decisions.

Ports of Auckland workplace deaths, serious injuries and systematic disregard for their employee’s health and safety have been well documented. Ports of Auckland have acknowledged this by pleading guilty and accepting responsibility for two serious injuries and two deaths during court proceedings.

Then there is the damage they have done to the shareholder who are the rate payers of Auckland with their failed policies and decisions.

The rank and file membership belief in our Union leadership and our legal team gave our officials the power to constantly lobby and push for meetings with Auckland city councillors and Government Ministers to getting our issues to the top table.

Carl Findlay National President Local 13 Vice President

A lot of skilled workers and good union members decided they didn’t want to work for a port company that was obviously heading in anti-family, morally corrupt direction. So, they made the courageous call to resign and find an employer outside the red fence that had a moral compass and would value their skills.

Others moved overseas seeking a better way of life for themselves and their families, or it was their time to end their working life and retire. Whatever the reason, skilled members left in large numbers and were replaced by a work force that were brainwashed at induction with propaganda by port management that Ports of Auckland was a fun place to work.

None of this would have been possible without the Local 13 Rank and File union membership which numbered approximately 80 stevedores and 30 engineering staff in 2019.

The Maritime Union and the wider union movement may have lost the Auckland terminal if not for the decision from our rank and file members to stay in the struggle, survive and fight for their rights at the terminal with the upmost dignity, courage and self-determination.

This is no small achievement. It is a demonstration of unity and solidarity that deserves to be acknowledge and is a lesson to all of what can be achieved if you are prepared to stick together and fight back.

So, to the Local 13 terminal union members who stood together from 2012–2022 we thank and salute you. You’re an inspiration to the union movement and working-class people of New Zealand.

United We Stand.

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Australian-owned stevedoring company ISO was breaking the law when it tried to prevent Maritime Union representatives access to its Whangarei workplace at Northport.

In a 17 December 2021 finding, the Employment Relations Authority ordered ISO to comply with access provisions under the Employment Relations Act (2000).

ISO has been ordered to pay a penalty of $15,000, of which $5,000 goes to the Crown and $10,000 to the Maritime Union.

Strong message to employers

MUNZ organiser Rex Pearce was unlawfully denied access to the ISO site at Northport in November 2021

Stevedoring company ISO broke law on union access

Maritime Union of New Zealand Craig Harrison says a strong message has been sent to employers who try to undermine the right of workers to meet with union reps on the job.

The issue at Northport arose when ISO blocked access to Maritime Union representatives on the basis of COVID-19 regulations.

The Employment Relations Authority (ERA) did not agree with ISO’s interpretation of the law.

Mr Harrison told the ERA he was surprised MUNZ has had ongoing difficulties meeting stevedores at Northport, describing ISO as the only employer in New Zealand not allowing access to members in the usual way in smoko rooms, or discussing and agreeing on other suitable port arrangements.

He says the ERA determination was crystal clear there had been an ongoing breach of the employer’s obligations to allow access.

MUNZ acknowledged genuine COVID risk at the border, but that risk did not arise from union officials visiting a site but from seafarers on board vessels who travelled internationally.

No justification for ISO position ERA member Nicola Craig said there was an absence of any expert medical or other opinion to justify ISO’s position that a serious risk needed to be managed and limitations on access to the port was an appropriate vehicle for doing so.

“Even if the company was able to establish a procedure was in place which prevented access to the port altogether, I have serious reservations about whether that would be reasonable,” she said.

The ERA determination states “It is important to deter employers from readily concluding that access rights can be denied with little consideration of reasonable restrictions which would allow access.”

ISO has regularly been in the news around issues of worker wellbeing and safety, with this decision being the third time in 2021 ISO have had legal findings against them.

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Crew members on Valentine show their support for P & O ferry crews

New Zealand transport workers back P&O ferry workers after shock mass sacking UK ferry operator P&O Ferries has moved to sack 800 UK-based seafarers and outsource their jobs to nonunion, agency workers. New Zealand affiliates of the International Transport Workers’ Federation (ITF) are backing the workers.

Co-ordinator of the New Zealand ITF affiliates, Paul Tolich, said New Zealand unions have offered their full support to the affected crew members, who are members of the UK’s RMT (Rail, Maritime and Transport Workers’ Union) and ship officers’ union Nautilus International.

“If it could happen to them there, it could happen to workers here. We have to stand up against multinational companies whenever they think they can get away with this,” he said.

ITF affiliates in New Zealand are the Rail and Maritime Transport Union, the Maritime Union of New Zealand, E Tū, FIRST Union, the Merchant Service Guild, and the Aviation and Marine Engineers’ Association, who together represent tens of thousands of New Zealand transport workers.

Tolich said the trampling of the rights of essential workers such as the P&O Ferries seafarers could not be permitted.

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Waterfront on-call contracts unlawful A decision of the Employment Court could dramatically improve the working conditions of thousands of wharfies, and trigger a flood of personal grievance claims

By Rebecca Macfie Employment agreements requiring waterfront workers to be available 24 hours a day, seven days a week have been declared unlawful by the Employment Court, and the employer involved has been hit with a compliance order.

The Maritime Union says the ruling will change the lives of thousands of wharfies whose employment agreements hold them at the beck and call of their employers.

The employer targeted by the compliance order, issued last week by Judge Kerry Smith, is ISO Ltd, a major stevedoring contractor operating at ports around the country. ISO is owned by ASX-listed Qube Holdings, and employs about 1000 workers in New Zealand.

The union says employment agreements similar to the unlawful ISO contracts are commonplace throughout the industry, and the ruling will have wide ramifications.

The legal challenge was mounted four years ago by the union and 10 ISO workers at the Port of Tauranga.

The central issue has been the company’s requirement that they be available 24/7, 365 days a year, but do not know from one day to the next whether they have work.

They receive a text at 11am telling them if they are required at 3.15am the following morning for a 12-hour shift. They get no message if there is no work, and there is no payment to compensate for making themselves available.

Having been told that they are on shift, it’s not uncommon to then discover upon waking in the middle of the night to go to work that the shift has been cancelled. They describe this as being “roasted”. Roasted workers don’t get paid for the cancelled shift.

Workers ranging from general hands through to crane and digger drivers are subject to these demands. ISO told the court that it wasn’t possible to roster workers in advance because of the unpredictability of ship arrivals, cargo volumes, berth availability, exchange rates, weather, and other factors.

The cost of that flexibility is borne by workers who have to “park up their lives,” says Maritime Union national secretary Craig Harrison. They can’t commit to sport, hobbies, clubs, or social occasions. Family life suffers.

By the time of the compliance order, only one worker – George Lye – remained listed as a complainant out of the original 10. All the others have progressively dropped away from a long-winded process that has generated two decisions from the Employment Relations Authority and three from the court.

Lye himself has been the subject of disciplinary action

by ISO, with union arguing he was being scapegoated over the larger employment issues. ISO denied this, but nevertheless the Employment Relations Authority took the view that the company had subjected him to “unjustifiable action”, and took the unusual step of blocking it from sacking Lye. Simon Mitchell, lawyer for Lye and the union, says Lye’s individual employment agreement guarantees him 60 hours work a fortnight, but those hours can be at any time. “There is no time where you can say ‘at Tuesday at 10am, I’m at work’.” Lye is barred under the contract from declining any request to work, unless it’s during a period of approved leave.

Most of the ISO workers now have 80 guaranteed hours a fortnight, but with no set times for that work. The court says these revised contracts are also non-compliant.

“What these workers say to me is how stressful it is to get basic things done, like get your car serviced, or be able to pick up your child from school,” says Mitchell.

“It also has huge health and safety implications...If you’re going to do shift work, you have to be able to plan your sleep around it. Shift workers already have hugely increased risk of cancer and heart disease, and then you then add these uncertainties to it and it’s even worse.”

ISO added China Forestry Group’s Tauranga volume to its marshalling and stevedoring portfolio in mid 2020.

Harrison says this form of extreme flexibility began to take hold in the 1990s following the restructuring of the waterfront and the deregulation of the labour market through the Employment Contracts Act. At each step in the legal process the authority and the court have ruled ISO’s contracts to be in breach of the Employment Relations Act because of the absence of any set work hours, and the lack of compensation for workers making themselves available.

Although they are not so-called ‘zero-hours’ contracts (because the workers are guaranteed 60 or 80 hours a fortnight), the case has been heard under the provision of the Act introduced in 2016 to bar such contracts, which had become notorious in the fast food sector for requiring workers to be constantly available for work, without compensation.

ISO has resisted the rulings of the authority and the court, arguing among other things that the claims were “frivolous and vexatious”, and that the problem should be dealt with in collective bargaining, not in court. In the meantime, it continued to break the law.

As the court put it in a December 2020 decision: “ISO has consistently resisted efforts to amend or replace the employment agreement, despite being on notice from as long ago as November 2018 that it does not comply. The company persisted with this method of allocated work for a competitive advantage.”

Until last week the court had declined to issue a compliance order to force ISO into line. But now it is now requiring the company to give Lye specified hours of work. Although the order relates only to Lye, Harrison says it has implications across the waterfront industry, where contracts like Lye’s are normal.

He estimates close to 2700 workers will benefit, and that it could trigger a “potentially massive” number of personal grievances from workers seeking to recover compensation for years of unlawful intrusions on their lives.

ISO declined to comment about the implications of the case or why it had continued to operate employment agreements that were in breach of the law, saying the matter was still subject to bargaining.

ISO’s defeat in the Employment Court adds to a series of recent workplace challenges for the company, particularly on the health and safety front. In January it faces a five-day District Court hearing in Napier following the carbon monoxide poisoning of six workers in April 2018.

The workers were loading logs onto a ship chartered by log exporter Ernslaw One when a digger malfunctioned, sending fumes and exhaust into the hold. Two of the workers lost consciousness.

Early this year ISO was in court in Gisborne over the avoidable death of 29-year-old port worker and mother, Shannon Rangihuna-Kemp, who was crushed by log falling from a trailer in October 2018.

Rangihuna-Kemp was employed to photograph logs and scan their attached barcodes prior to their loading onto ships. There had been a previous instance of a log falling from a trailer in transit from the nearby log yards to the port, and ISO was well aware of the risk, especially when logs were wet and had been debarked. Yet one of its main controls was to tell workers to “take care when moving around log bunks and trailers as cargo may slip or become dislodged”.

ISO failed to “adequately monitor the safety of its workers” at the port, according to the agreed summary of facts in the case.

ISO pleaded guilty to a charge carrying a potential fine of $1.5 million. However, it convinced the court that instead of being hit with a financial penalty it was more productive to enter into a Court Ordered Enforceable Undertaking – a provision under the 2015 Health and Safety at Work Act – to improve health and safety processes.

WorkSafe strongly opposed this given the “serious and systematic failures involved and fatal outcome”. It described ISO’s proposed “undertaking” – which the company said would entail investment of $750,000 in health and safety measures – as “under-explained and over-costed”, and “essentially a capital expenditure exercise which will only benefit the company financially” by saving on labour costs and increasing log loading efficiency.

Judge Philip Recordon favoured ISO’s arguments and awarded the Court Ordered Enforceable Undertaking, saying it was better that money be spent “developing the systems” rather than “going in to public coffers” via a fine which would likely have been only about $400,000.

He also ordered ISO to pay $100,000 in reparations to Rangihuna-Kemp’s whānau.

ISO avoided prosecution over the serious injury to one of its workers at the Port of Tauranga in December 2017, by entering into an Enforceable Undertaking with Maritime New Zealand (which has health and safety jurisdiction for accidents on board ships). The worker, who had been loading logs into the hold of a Hong Kong-flagged, Singapore-owned ship, fell eight metres when a damaged handrail gave way as he was disembarking. He suffered broken bones, internal bleeding, and nerve damage.

The undertaking was entered into in October 2020.

Maritime New Zealand says it is “monitoring compliance” by ISO, but has refused Newsroom’s request under the Official Information Act for details of that monitoring, arguing that to do so would be likely to “prejudice the maintenance of the law, including the prevention, investigation and detection of offences”.

This article originally appeared on Newsroom www. newsroom.co.nz and is reproduced with kind permission of Newsroom and the author.

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Around the world, workers say no to war The global labour movement is calling for peace following the Russian invasion of Ukraine. “We urge leaders on all sides to show restraint, diplomacy and urgently deescalate the conflict to minimise the loss of innocent lives,” said ITF President and Dockers’ Section Chair Paddy Crumlin.

“Workers around the world are defiant in opposition to Russia’s invasion including thousands of dock workers showing solidarity with the people of the Ukraine and contempt for Putin’s aggression.”

In New Zealand, MUNZ and RMTU have made a joint statement on the war.

Rail and Maritime Transport Union General Secretary Wayne Butson says workers may deliver letters of protest to the Captain of any Russian flagged vessels in New Zealand ports.

There would probably be issues around crew members wanting to repatriate to their home country, he says.

On 9 March, New Zealand Parliament unanimously passed historic sanctions legislation in response to Russia’s war on Ukraine.

A Russian ship docked in New Zealand had its voyage cancelled due to the Government’s sanctions over the war in Ukraine.

The Spirit of Enderby (Professor Khromov) arrived at South Port in Bluff in March and was scheduled for a passenger tour voyage to New Zealand’s subantarctic and Chatham islands.

However, operators Heritage Expeditions cancelled the tour, even though sanctions were yet to be formalized around maritime operations.

He says it is important to note any protest was not antiRussian crews, but against aggression and war decisions at the leadership level.

Maritime Union of New Zealand National Secretary Craig Harrison says many Russian and Ukrainian crews worked in New Zealand waters as both nations had big maritime industries.

The Maritime Union had dealt with exploitation and mistreatment and assisted in the repatriation of crew members from both countries.

He says there is not a large number of Russian flagged vessels in New Zealand ports but there are some including fish factory trawlers in ports such as Lyttelton.

Many ‘Flag of Convenience’ vessels had Russian and Ukrainian crew.

In the United Kingdom, ITF Dockers’ affiliate Unite the Union announced its dockers members would refuse to load and unload Russian-owned or controlled vessels in British ports, and the Government has now moved to ban Russian vessels from UK ports.

The Maritime Union of Australia (MUA) has written to the Australian Prime Minister issuing an urgent call for meaningful steps be taken to place pressure upon Russia’s economic, social, and strategic interests across the Asia Pacific region.

Marine Transport Workers’ Trade Union of Ukraine (MTWTU) Chairman, Oleg Grygoriuk, said “We are thankful to brothers and sisters in the ITF Dockers’ family for their actions and support. This growing movement of solidarity brings us the confidence to keep fighting this outrageous invasion from Putin. We will prevail.”

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Iakopo Sagote and James Oliver

Worker: “I thought I was going to die”

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By Hazel Armstrong “I thought I was going to die in toxic ship’s hold, Napier port worker tells court.” Hawkes Bay Today ran this banner headline on 17 January 2022. If it wasn’t for the reporting from Ric Stevens, funded by the Public Interest Journalism Fund, the public wouldn’t have known about this case.

I decided to go up to Napier District Court to sit in on day one of the hearing brought by Maritime New Zealand who was prosecuting the company under the Health and Safety at Work Act. I had to ask permission to attend because of COVID restrictions. But I did manage to talk with some of the workers while I was there.

We heard evidence from Kopo Sagote and James Oliver. I managed to obtain the caption summary from the court, which was very helpful.

Iakopo Sagote was overcome by fumes in the hold of a ship berthed at Napier Port on 30 April 2018. He is called Kopo by his work mates. The ship’s hold had become oxygen depleted because of fumes from the logs in the ship’s hold. Kopo’s job was to work a digger in the hold to stack the logs once they are lowered into the hold from the wharf cranes. The company uses diggers to pack the logs tightly into the hold. Once the holds are full, the holds are closed with hatch covers, and logs continue to be stacked on the deck above the hold.

Confined space Logs were already in the hold when the ship arrived in Napier. They had been loaded in Gisborne. The hatches had been closed, making the hold an air tight container.

Logs decompose in the hold, sucking up oxygen, producing carbon monoxide. Let’s call it a confined space, and we all know that working in confined spaces carries risk, especially from toxic fumes and oxygen insufficiency.

There was an informal arrangement that ship’s crew would open the hatches, as they come into port, and before the vessel comes into the berth, in order to air out the hold for 30 minutes before workers enter the hold to load and stack the logs. But there was no formal system of communication between the ship’s crew and the port workers about when the hatches were opened (if they had been at all). Unfortunately, according to Maritime New Zealand (the regulator for port safety) this 30 minute “rule” was not widely known. In any event, the hatch covers was not opened by the crew 30 minutes prior.

The Maritime New Zealand investigation found out that the hatch covers were opened about 15 minutes before Kopo climbed into the hold.

The company did not have any equipment to monitor oxygen levels in the hold, before a worker enters the hold.

The company policy was for the workers to smell the air and look into the hold and use their common sense. They were expected to carry out this sensory check from the deck above the hold. I thought, this is a rough and ready way to check for toxic fumes.

The digger had been lowered into the hold by a crane, Kopo had climbed down the ladder into the hold, but immediately felt dizzy and weak because of the fumes and oxygen depletion in the hold. Kopo knew he couldn’t climb back up the 12 metre ladder out of the hold.

He managed to crawl to the digger over the logs and climb inside the cab of the digger, he closed the door. He tried to start the digger but he fumbled. The radio only works when the digger’s engine is on. He could not get the digger started, and therefore could not access the radio channel to call for help. I asked him over lunch, he had no personal alarm to signal his distress.

He fell unconscious in the digger.

‘He thought of his family’ He told me that as he passed out he thought of his family, and how they would manage without him. He thought he would die. He has three children. His partner sat with him in the court as he gave evidence. His attempts to get the digger started repeatedly caused smoke to fill the hold.

The young foreman, James, all of 19 years old, saw smoke coming out the hold, he ran up the ship’s gangway, and looked into the hold, and saw it was full of smoke. He couldn’t see the digger or Kopo so he called out, but got no response. He climbed down into the hold. He managed to get to the digger, but couldn’t open the door to rescue Kopo, and then he too passed out.

A third port worker Luke, was sent into the hold in a paint cage, lifted down by crane. He too was temporarily overcome but just managed to signal to the crane driver to pull him out of the hold. Then, two other port workers, Jordan and Christian, were lowered into the hold in the paint cage. This time they successfully rescued James by putting him into the paint cage which was raised and he was laid on the deck of the ship.

They (along with Luke) then attempted the rescue of Kopo. Their plan was to lift Kopo out of the hold while he remained inside the digger. Luke succeeded in hooking the digger to the crane hook, but before the lift was done, Jordan was overcome and fell unconscious on top of the digger. The digger was lifted out (with Jordan on top of the digger and Kopo inside the digger) and it was placed on the wharf.

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Once out of the hold, the three unconscious port workers – Kopo, Jordan, James – regained consciousness. Hawkes Bay Today reported that James said that once he was out of the hold and found out that Kopo was alive, “the first thing I wanted to do was hug Kopo because he was alive.”

Cole, was on deck at the time, although he didn’t lose consciousness he felt unwell. Six workers were affected by the fumes.

Maritime New Zealand said Kopo was in the hold for 25 minutes. They told the court that Kopo could not get the incident out of his head, and that he was hurt physically and emotionally.

Kopo who was unconscious the longest, told me he had a week off on paid leave, but on his second week he had to take annual leave. Kopo still is affected with headaches and fatigue 4 years later. I enquired, and he said to me that he was never told that he might be eligible for ACC cover. Although he told me he was in a union, it was neither of the two waterfront unions MUNZ or RMTU, that I am familiar with.

Prosecution Maritime New Zealand is prosecuting the company under the Health and Safety at Work Act for exposing the workers to the risk of death or serious injury. The company pleaded not guilty.

The company had no procedures in place if a port worker is overcome in the hold of a ship, or for extraction of a person in the hold of a ship, and no procedure if someone is incapacitated in the hold. The company policy said: “anyone who feels they are being affected by fumes are to move to fresh air ASAP and report the incident to their supervisor.” There was no training, said Maritime New Zealand, about ventilation of the hold, monitoring of the hold, becoming trapped in the hold, or procedures to respond when workers are affected by fumes.

This incident could have killed several workers, had they not taken action to save their colleagues lives, at risk to themselves. The evidence in the caption summary filed with the court, appears to show a company that relied on informal systems, and common sense. Even basic atmospheric monitoring was not being carried out. Nor was there even a system for evacuation from the hold.

Yet this same company had provided an assurance to the regulator (Maritime New Zealand) that it does have Quality Management Systems; that it runs an internal audit program that includes verification of site compliance with its Standard Operating Procedures and policy documents. It has achieved ACC Accredited Employers Programme (AEP) status for the previous three years, gaining Tertiary status. It said that it is committed to health and safety, hazard management, incident reporting and investigation systems, and employee engagement.

These assurances are on the record and came to light because in December 2017 a few months before Kopo and the crew were injured, there had been another seriously injured port worker who was on deck stacking and arranging logs, up to 4.5 metres high. When he climbed down he fell 8 metres onto the berth.

Another fatality Six months after Kopo and his colleagues were injured, Shannon Rangihuna was fatally injured in the Eastland Port while she was tallying logs. She died from crush injuries after she was hit by a log that fell from a trailer load she was about to scan in a “tally lane” just before 9am on October 8, 2018. The same company was convicted and ordered to undertake significant health and safety improvements.

A WorkSafe investigation found numerous routine hazards in the tallying process and the company already knew about the hazard of logs potentially falling from trailers, but had failed to take steps to alleviate risks and protect its workers.

These are recent cases, involving a large company specialising in log logistics at a number of New Zealand ports. I haven’t named the company as at the time of writing the verdict was not available. The cases illustrate that hazards known for decades about oxygen depletion, falling from heights, and being hit by insecure logs, are still bedevilling us.

We are fortunate that the regulators are looking past the company slogans: “Safety comes first and is our number one priority” and are prosecuting companies. We are also fortunate that there are some fantastically good and thorough journalists who are willing to investigate and cover health and safety at work, such as Rebecca Macfie and Thomas Mead, 1 News reporter.

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Thomas decided to air workers grievances about health and safety at Talley’s. Thomas Mead tweeted: “This long-read shows just how far Talley’s went to try and shut down our investigation into their safety practices, detailing leaked internal emails, a legal threat and an extraordinary showdown in their boardroom.”

He quoted from a letter to him: “Dear Mr Mead,” he wrote: “The photographs do not concern an issue of public importance or safety. […] My client seeks confirmation by TV ONE News by 2pm today that the misappropriated photographs will not be published or screened. Failing such confirmation my client intends to seek immediate injunctive relief to prohibit TV News disclosing that material.” We responded shortly afterwards, saying the photos were clearly in the public interest. A few hours later, the story went to air on the 6pm news.

Regulators may come under pressure As the regulators become more effective and clear eyed in their prosecutorial role, they may come under pressure from the companies they chase. In their sights will be National and Act Party policy, designed to reign in the regulators by throttling their funding, change the regulators priorities away from prosecution back to education and even amending the Health and Safety at Work Act to discourage (or prevent) prosecutions of directors.

Kopo’s case, tells us, such reversals would be a mistake.

Our health and safety is still so poor in New Zealand, if we can’t even get the basics right for confined space work, working at heights, and falling objects. Kopo survived but has residual symptoms (and no ACC cover), Shannon died, and the worker who fell 8 metres on the berth is still seriously unwell years after the fall.

Hazel Armstrong specialises in ACC, health and safety, employment law and professional ethics. She sits on the boards of KiwiRail and Ports of Auckland Limited.

Branch contacts Auckland Local 13 Secretary: Russell Mayn Mobile: 021 760 886 Email: russell.mayn@munz.org.nz Assistant Secretary: Grant Williams Mobile: 021 457 170 Email: grant.williams@munz.org.nz President: Hector Thorpe Mobile: 027 777 7163 Email: hector.thorpe@munz.org.nz Whangarei Contact Auckland Mount Maunganui – Tauranga Secretary: Selwyn Russell Mobile: 027 4782 308 Email: selwyn.russell@munz.org.nz Organizer: Leanne Jackson Mobile: 021 652 885 Email: leanne.jackson@munz.org.nz Napier Secretary: Greg Primrose Mobile: 021 028 23167 Email: Greg.Primrose@munz.org.nz New Plymouth Secretary: Josef Zaloum Mobile: 022 062 9049 Wellington Secretary: Jim King Mobile: 020 483 6262 Email: jim.king@munz.org.nz Assistant Secretary: Fiona Mansell Mobile: 022 302 3010 Email: fiona.mansell@munz.org.nz Nelson President: Deane Hogg Mobile: 0210 2360854 Email: deanehogg@gmail.com Lyttelton Local 43 Secretary: Gary Horan Mobile: 027 432 9620 Email: gary.horan@munz.org.nz Timaru President: Shona Low Mobile: 027 327 1156 Email: shona90814@gmail.com Port Chalmers Dunedin Local 10 Secretary: Josh Greer Mobile: 027 348 2692 Email: local10munz@xtra.co.nz Bluff Secretary: Ray Fife Mobile: 027 4475317 Email: ray.fife@munz.org.nz

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At the Port Chalmers Dunedin Branch Local 10 Christmas Shout, from left, Matt Thomson, Paul Mount, Nick Braithwaite, Steve Smith, Josh Greer, Tim Camp, Matt Hayward, Bryn McLeod-Jones

Veteran members at the 2021 Napier Branch Old Timers Christmas Party, 4 December 2021 at the Taradale RSA (photo Greg Primrose) THE MARITIMES 22

Maritime Union Lyttelton Branch Local 43 Secretary Gary Horan with retired seafarer John Hinds. John is displaying the 1951 loyalty card awarded to his father Les Hinds. Apparently John’s grandson has recently been engaged as a deck trainee, so a family maritime tradition continues.

An Event for the Members of CSS, MUNZ & RMTU

Loyal Right Through Commemorating the ‘51 Waterside Lockout

1951 waterfront struggle remembered Late last year the Maritime Union commemorated the 70th anniversary of the 1951 waterfront lockout with a weekend of events in Lyttelton. The weekend was put on

by MUNZ Lyttelton Branch alongside the RMTU and the Canterbury Socialist Society, who provided generous catering and organizational support.

Friday night saw a screening of the award winning 1951 documentary with an introduction by reps of the two port unions, and a BBQ held on the Sunday.

Friday 12 Nov 7:00pm 1951 Lockout: 70 Years On Film Screening and Talk from Local Historian

Sunday 14 Nov 2:00pm BBQ with the Waterside Unions

Both events were well attended by members and friends of the organizations. Due to COVID restrictions, the events were not able to be made open to the general public. The Loons Hall was an ideal venue and is a great asset to unionists, with the MUNZ Lyttelton office based here.

With Live Music from The Eastern at the

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16 Canterbury Street, Lyttelton

The 1951 documentary can be viewed online at https://www.nzonscreen.com/title/1951-2001

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I would like to acknowledge our past members. As unionists they fought for the right to be involved in our coastal petroleum trade from the overseas vessels with dubious safety standards that dominated our coast.

In 1927, Tom Young, outgoing President of the Federated Seamen’s Union, was handing over the reins to incoming President Fintan Patrick Walsh. Together they realised that we shouldn’t be reliant on foreign-flagged and foreign owned shipping to maintain our fuel supply so acted to secure a purpose built, New Zealand flagged coastal tanker Paua.

New Zealand Coastal Tankers: 95 years of service

During those early years oil tankers were a new concept as technology had not really supported carrying bulk liquids effectively, mostly because of the ineffective pumping systems for discharging of the cargo.

Although the Paua had cargo tanks with a pumping system she also carried petroleum in tins and cases for discharging via her derricks at ports that were not geared up for receiving cargo pumped ashore.

Pioneering years Like the wharfies, miners and other blue-collar workers, there was a degree of Kiwi ingenuity and a pioneering spirit in this newly established petroleum coastal trade.

However, they were well aware of the consequence of oil spills so high standards were maintained. Considering the many thousands of ship movements and cargo operations over the years, our coastal petroleum trade remains uneventful, incident and pollution free, a record we are very proud of.

However, when the tankers were sold off and left the New Zealand coast, sailing under flag of convenience standards, many came to grief, and more importantly many seafarers were subsequently killed or injured.

The Paua for example, was declared a constructive total loss after running aground near Sittwe, Burma. The Hamilton exploded in Manila Bay killing thirty of the fifty-eight Chinese, Indonesian and Filipino crew, and many others suffered from burns. The Amokura sister ship Kurdistan, ran into ice and broke in half near the Cabot Strait between Newfoundland Island and Cape Breton Island and the Amokura itself grounded near the Paraná River, Uruguay.

By Hector Thorpe Auckland Branch Local 13 President Bosun, Matuku

Marsden Point Oil Refinery Marsden Point Oil Refinery near Whangarei was kicked off by the Nash Labour government in the late 1950s and this huge project came on stream in 1964. It was named after Ernest Marsden, Professor of Physics at Victoria University and was New Zealand’s only refinery which enabled less reliance on international markets and was very important for our security of supply.

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Marsden Point’s increased production meant the introduction of larger capacity coastal tankers which started with the arrival of the Athelviscount in 1965. Ever since the refinery has undergone improvements to keep up with demand, the most recent being the $365 million Te Mahi Hou expansion, which may have been a factor in the investment of the new tanker Matuku.

Majority ownership of the refinery is held by three oil majors Z Energy, BP and Mobil. They also charter the two coastal tankers via their third-party company, Coastal Oil Logistics (COLL) who manage the distribution and ship scheduling. Ship management operator ASP/Silver Fern Shipping represent their ship management, marine and crewing logistics interest. Silver Fern Shipping have continued to be proactive in the introduction of youth into the industry with Officer Cadets, Engineer Cadets and MUNZ Deck/Engine Room trainees.

While fuel is supplied to Auckland from a pipeline which connects Marsden Point to Wiri, and the smaller tanker Awanuia supplies Auckland’s cargo vessels and cruise liners, 50 percent of New Zealand’s fuel is supplied by the Kiwi tankers Matuku and Kokako.

Enormous Scale Safety remains a focus today. The sheer force and speed of the modern pumping systems geared for petrol, diesel, aviation jet fuel, heavy fuel oil, bitumen and the light fuel oil we carry is astounding. Heating of the heavy fuel oil cargo is maintained at temperatures of around 40°C to 60°C. Asphalt/bitumen is typically heated at temperatures on board at around 150°C so as to maintain its fluid state.

Loading and discharge operations at speed is precise and technical as are the hundreds of ship movements required over a 24/7 annual operation. With a total ship complement of only twenty persons, the Bosun is part of the morning ship management meetings and ratings are integrated into all aspects of ship board operations.

The whole thing is gelled by the Catering department represented by one cook and one steward. Challenges on board are similar to the specialised work carried out by other MUNZ members in their respective trades.

Best practice On board we are governed by three maritime unions with collective agreements. Historically there has been a good working relationship with management and together we have established a body of best practices. We also follow international law from hull design, inert gas systems, cargo operation, pre-transfer operations, tank cleaning, enclosed space entry, ballast, pollution, firefighting, search and rescue, navigation, certification, Port State control, Classification audits, etc.

I have referred to the tankers below in gross tonnage which is calculated based on the volume of enclosed spaces of the ship as used to determine things such as the ship’s manning regulations, safety rules, registration fees, and port dues as opposed to dead weight which refers to the ship’s carrying capacity.

New Zealand Tankers Paua (1,260 gross tonnage) 1927 to 1950 Tanea (3,060 gross tonnage) 1950 to 1964 Maurea (2,928 gross tonnage) 1964 to 1970 Athelviscount (12,778 gross tonnage) 1965 to 1978 Hamilton (13,186 gross tonnage) 1967 to 1975 Erne (14,224 gross tonnage) 1970 to 1984 Kotuku (16,221 gross tonnage) 1975 to 1998 Kuaka (16,221 gross tonnage) 1976 to 1996 Amokura (19,867 gross tonnage) 1978 to 1993 Tarihiko (2,169 gross tonnage) 1984 to 1999 Taiko (21,187 gross tonnage) 1984 to 2006 Toanui (23,547 gross tonnage) 1996 to 1999 Kakariki (27,795 gross tonnage) 1999 to 2017 Torea (25,400 gross tonnage) 2006 to 2016 Awanuia (2,747 gross tonnage) 2009 to current day Matuku (29,700 gross tonnage) 2016 to 2022 Kokako (29,470 gross tonnage) 2017 to 2022 Redundancy There has been lots of employment opportunities for Kiwi seafarers on the tankers as a result of the union’s initial campaign back in the 1920’s. After ninety-five years of profit gouging from the oil majors, the tanker crews on the Matuku and Kokako received notice of redundancy Christmas 2021, with deadline of the two tankers being taken out of service 1 April 2022.

It is a disgrace that the oil majors have initiated a strategy of dumping our service in the interest of more profit, not the national interest, by allowing our coastal tanker shipping industry to be taken over by foreign-flagged and foreign-owned vessels with dubious safety standard and exploitative labour practices.

The petrol companies untested ‘supply chain model’ (SCM) will see fuels supplied to the tanks at Marsden Point and all other New Zealand ports directly imported from overseas refineries with foreign crews. This decision will be regretted as our national fuel supply becames increasingly expensive and insecure.

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Wellington Branch Assistant Secretary John Whiting attended his last Wellington Branch Executive meeting held at National Office on 25 November 2021. We had a very good turnout. As Auckland was still in lockdown, we had a video link with the National Officers to wish John well for his retirement. Those in attendance included the Wellington Branch Executive, National Vice President Josh Greer, National office staff,

Wellington News

John’s family, and some managers along with his comrades.

It’s been an honour and a privilege to have John as part of the Wellington Branch and he will be missed. We all wish you well John and look forward to seeing you when you’re passing by, happy retirement, hei konei ra – Tony Mowbray, Wellington Branch President

KR-IIL have advised all unions, that the only new employees they are looking for offshore are Able Seamen, for which MUNZ has coverage.

By Jim King, Wellington Branch Secretary/Treasurer KiwiRail Kiwirail and other various Shipping companies may make Application to MBIE (Ministry of Business, Innovation and Employment ) to source overseas crew to work on New Zealand vessels.

A meeting was held with KiwiRail/Interisland Line (KRIIL) management on 25 February, attended by MUNZ, NZMSG, AMEA and RMTU, over concerns the unions have with their recruitment process

I told KR-IIL their intention to apply for an exemption from MBIE to source foreign labour is premature. They should wait until such time as we get confirmation on the future of the oil tankers and have a better idea of availability of New Zealand AB’s.

I said KR-IIL need to give more time for New Zealand seafarers to make themselves available for work, with the possibility of unemployed seafarers being available for employment in approximately 60 to 90 days.

KR-IIL need to reintroduce domestic travel to allow seafarers to work on their vessels, and the HR department need a complete shake up in terms of how they communicate with applicants.

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KR-IIL have yet to decide on whether they purchase Valentine or return it.

We subsequently held a further follow up meeting on 9 March. MUNZ agreed there needs to be a solution for the overseas recruitment of AB’s to InterIslander.

A letter was sent to Mikael Aldridge, Principal Advisor, Stakeholder Engagement at Maritime New Zealand.

He referred the letter to the Ministry of Health. MOH’s response was the management of cases on ships is done by the respective Public Health Unit (PHU). In this case the crew were managed by Taranaki PHU.

All parties are in agreement we need to be trying to fill these roles from within New Zealand in the first instance.

KR-IIL still have ongoing advertising and referrals.

The decision of how best to approach isolation and quarantine is also decided by the Medical Officer of Health/Health Protection Officer at the PHU.

Actions from the meeting. Tony Mowbray has provided me a name of a potential AB and KR has made contact with them.

The Maritime Border Order allows for isolation to occur on a ship in clause 17 (1a). Clause 17 (4) allows for transfer to a MIQF. Clause 18 (1) also allows for transfer to a place of isolation to other accommodations provided the Medical Officer of Health/Health Protection Officer is reasonably satisfied and is done to manage public health risk, for the persons safety and to ensure compliance.

KR-IIL will check on the status as to whether they can offer Fixed Term contracts rather than Permanent contracts to overseas crew. We have made our position clear, if overseas labour is to be sourced, we want fixed term only, even this does not make us happy.

StraitNZ (Bluebridge, Vessels) Still looking for AB’S. Trainees We are still looking for keen and interested young people who would like to go onto our trainee database. Names are very slow to come in. I have asked many times at our stop work meetings, National Council, and through the branch newsletter, and still not having much success.

Therefore, please ask your family and friends if they would like to be considered to ship out as a trainee. If so please have them submit their CV to me so I can put their names into our database.

To summarise, for the purposes of isolation or quarantine, the Maritime Border Order allows the choices of where to isolate, and this decision is made by the Medical Officer of Health/Health Protection Officer.

PHUs look at each case and scenario carefully and their decisions are based on public health risk, safety, and compliance. Therefore, there may be variations to their approach depending on the circumstances and situations.

Atlas Southern Star is now working out New Plymouth, this campaign is expected to last around 60–90 days.

NIWA Vessels

Offshore

I will put a memo out sometime in April to all MUNZ members on the NIWA vessels, calling for remits for 2022 Wage Negotiations.

COVID

Wellington Database

Tortuga, Southern Star, and MMA Vision have all had COVID cases, and our members have been required to isolate in various hotels around New Plymouth.

Auckland and Wellington have a shortage of seafarers on both the data bases. This may alter due to the coastal tanker layoffs.

I have been advised that our members were ordered off their vessel to isolate in a designated facility, while a chief engineer with COVID was permitted to stay on the vessel whilst the vessel was in port. This was totally unacceptable to MUNZ.

Wage rounds current NIWA – Initiate bargaining April, and call for remits Higgins Tow Service Picton – Current, negotiation mode.

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Lyttelton News

lockdown and the potential of being locked in a small unit together, and the extra cost not worth the risk.

By Gerard Loader Lyttelton Branch Local 43 President

Personally I have had my big three mountain bike races cancelled (Mototapu Queenstown, Contact Epic Lake Hayes and the big one The Whaka100 in Rotorua) which was a kick in the guts after all the training that goes in.

I hope this report finds you all well and settled into the uncertainty that is 2022, ready to take on the challenges that no doubt await us individually as branches and collectively as a National organization.

Like everywhere else in the country COVID(Omicron) is making its mark in Port of Lyttelton. In the LPC terminal we have been in our "bubbles" since the first positive case in Canterbury. Although this is not as tight as when we were in a mandated lockdown with some overtime available and limited mixing of groups on the job.

The members (quite rightly) are getting a bit pissed off with the restrictions put on us but most understand that it is something we have to put up with to keep the port operational for both the Canterbury and wider South Island economy and supply chain.

Hopefully these restrictions will only be on us for a short time. I would like to acknowledge the frustration and work put in by Local 43 members throughout this and thank you all for your patience and understanding and generally just getting on with it, thank you Comrades.

As you are aware a lot of events and gatherings have been cancelled due to COVID. Local 43 members deciding to not attend this year's Interport due to the risk of another

On a positive note our local team "The Otitahians" with MUNZ members Kendra Roddis, Jaega Banga and ex member Johnny Brewer managed to compete in this year's edition of “Godzone” which is one of the hardest endurance races in the world with this year's event taking them from Fiordland to Dunedin which they manged to complete in seven days. Well done team.

On the community front I had the privilege of coaching a group of local teenagers making up two teams in the sport of Touch with help from fellow MUNZ member Jordan Paulsen. Both teams made their respective finals (men's and mixed) with the men's team drawing and the mixed team winners by default, so a good season for a great bunch of young adults.

Although COVID and all it entails has been an inconvenience to us, the reality is it pales in comparison to what our brothers and sisters in the Ukraine are going through at the moment with the illegal invasion from Putin, and all the death, destruction and broken families that go with horrendous acts such as this. My heartfelt prayers go to everyone who is affected by this illegal war, and I hope that dialogue and common sense shine through to end this conflict.

Port of Lyttelton International Workers Memorial Day

My deepest and heartfelt condolences go out to family, friends, “C” group brothers and sisters and anyone else who has been affected by this terrible and untimely death. So we know and understand what the heartache is like and how it effects everyone in the workplace and wider communities that these people lived in.

Thursday 28 April 2022 Speech by Branch President Gerard Loader

I also feel that today we should be remembering not only the tragic fatalities around the country, but also the seriously crippling injuries suffered by thousands of employees in different roles that have had their livelihoods stolen from them all to soon. Which to the individual and their family would be exactly like a death as their quality of life and income has been taken in an instant. Unfortunately, a lot of these accidents will have been avoidable if proper safety procedures had been in place or followed correctly.

Hello everyone, welcome.

My name is Gerard Loader, foreman stevedore and President of the Maritime Union of New Zealand Local 43. It is with both a sense of honor and sadness that I stand here today to say a few words on this Workers Memorial Day. I feel honoured that I am representing and speaking for those workmates, comrades and fellow employees around the country that have died on the job and not gone home to their families at the end of the day, and sadness for exactly the same reasons, as the recent death of fellow MUNZ member Atiroa Tuaiti on the Capitane Tasman in Auckland on the 19th of this month highlights.

I am sure I speak for everyone here in saying our heartfelt love and condolences go out to his family and friends at this sad time, and as you are all aware, here in Lyttelton we have experienced the heart break of losing friends and loved ones not only over the last 10 years and more but tragically on Monday 25 April ANZAC Day with the death of a loved and respected member while carrying out his duties as a coal hatchman on the ETG Aquarius.

Even though this is a time of remembrance for those who have lost their lives on the job, it is also a time to take stock, both individually as a person and collectively as companies and unions to see where we are at now with health and safety and to ensure that moving forward we all work hard to ensure that our workplace, which traditionally by the nature of the work is one of the most dangerous jobs in the country, is a safe place for all who use it, whether that be employees, contractors or visitors alike, and to that end I lay down the challenge that we all do our utmost in ensuring that LPC and the wider port of Lyttelton is as safe a place as possible to work.

Thank you all for attending todays memorial and for giving me the opportunity to speak. Be safe and look after each other. Thank you.

Fair Pay Agreements The Government has recently put the Fair Pay Agreements Bill before Parliament. When passed, Fair Pay laws will set minimum standards across whole industries for better pay, hours of work, health and safety, training, and worker input in decision making.

The purpose of the Fair Pay Agreements Bill is explained at the beginning of the Bill: The objective is to improve labour market outcomes in New Zealand by enabling employers and employees to collectively bargain industry-wide or occupation-wide minimum employment terms.

While New Zealand’s labour market has some strengths, it also has systemic weaknesses. These include a significant prevalence of jobs with inadequate working conditions, low wages, and low labour productivity. For example, Māori, Pacific peoples, young people, and people with disabilities are over-represented in jobs where low pay, job security, health and safety, and upskilling are significant issues.

Barriers to good labour market outcomes are particularly prevalent for people who fall within more than 1 of those groups. The Bill will help address these issues.

Fair Pay Agreements will enable workers and their unions to negotiate a set of core minimum conditions for a whole industry. Nobody will be able to be employed in that industry on anything less, stopping a ‘race to the bottom’. Unions will still be able to negotiate collective agreements for their members over and above these minimum standards.

Once union and employer advocates have sat down at the bargaining table and come to a proposed settlement, they will take these back to the people they represent. For unions, that means taking a proposed settlement to the whole workforce – including non-members – and taking a vote where at least a simple majority of people will be required to settle a new Fair Pay Agreement.

If negotiations break down, instead of industrial action, a process of compulsory arbitration will take place, whereby an independent person considers the claims and arguments of both union and employer advocates and makes a binding decision on a new Fair Pay Agreement.

As the bill goes through Parliament, submissions will be considered and some changes will be made. It is likely the new law will be in place before the end of 2022.

NZ shipping can resolve supply chain crisis

By Craig Harrison National Secretary The ongoing shipping and supply chain crisis needs a clear plan and immediate action. We see daily reports about supply chain congestion. Covid-19 was the trigger that exposed the underlying weakness of the global supplychain. New Zealand’s overreliance on global shipping has placed us in a difficult position.

We have heard a lot about these problems. The global forces driving the situation are not going away. What New Zealand can do is adapt and modify our approach to shipping.

We’re in a transition between two approaches to the supply chain. For the past 30 plus years, the prevailing mindset was the market would provide, there was no role for planning, and there was no need for New Zealand shipping. This idea has been revealed as a bad mistake.

Where to now? Industry players admit there is a significant problem. Recent Government reports confirm what the issues are, but only discuss underwriting, not significant investment. The global outlook for supply chain performance will not improve in the short to medium term.

Ships are being delayed around the world, and when they get to New Zealand, they are already behind on their sailing schedule. New Zealand ports need to ensure that ships are serviced on time. Until the problems are resolved at the Ports of Auckland, and it returns to the throughput achieved prior to the automation project, local congestion will continue to impact on the New Zealand freight movement.

The effect on the maritime industry will vary and the Maritime Union is currently looking at how these new laws could help improve wages and conditions.

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Issues around the availability of labour are certain. But there are solutions like rostering and employment security.

These would reduce staff turnover and encourage workers to see a career rather than an unattractive and exhausting future of irregular hours and in some cases poor pay and conditions. Workers can no longer be seen as a cost to be reduced but as an investment in success.

Export cargo needs to be in front of the major shipping lines at major ports so there is no requirement for big ships to transit around New Zealand. A New Zealandflagged coastal shipping service would move the volumes needed around the country in a timely manner. There is now no guarantee that foreign vessels will even stop at a scheduled port.

An effective New Zealand coastal shipping service needs to be supported by New Zealand ports, and in return ensure consistent berth times and supply of port services.

Congestion is the underlying issue with ports as freight needs to move both on and off a port in a timely manner. If it is delayed or in some cases not even picked up or dropped off by shipping companies, this adds to the problem.

A coastal service utilising three to four ships and given regular berth space in ports would help smooth out supply chain congestion. Ports could also better plan when freight would be moved through the port and have confidence it would happen.

Maybe the solution is a consortium of New Zealand ports and freight operators developing a joint venture, which answers the needs of all players. In a small market like New Zealand, we have the ability to move quickly and find innovative solutions.

Ports could coordinate a shipping service that meets their own needs and provide options to customers who have recently seen their options evaporating.

Port companies around the country develop off-port container storage and trucking facilities, and ports have worked with rail developing fixed daily services between Tauranga and Auckland. Some ports are involved in joint ventures such as tug operations and at times procurement ventures.

KiwiRail could be a possible partner with its shipping operation, as it has the capacity, with direction and support from the Government.

Everyone knows we have a problem, and all say coastal shipping is one of the answers, but unfortunately no clear, systemic solution has been developed. The Government needs to take the lead and facilitate discussions between ports and freight operators to get New Zealand coastal shipping back in play.

We need a national ports strategy that links in with a coastal shipping strategy, and we need to get this up and running now.

Originally published nzherald.co.nz 10 January 2022

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