Maritime Worker February 2023

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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NEWSLETTER OF THE WELLINGTON BRANCH OF THE MARITIME UNION OF NEW ZEALAND

Continued from page 1

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

KAITAKI EMERGENCY

The Kaitaki lost power just before 5pm on 28 January 2023 in deep water off Sinclair Head and had to drift into shallower water before the anchors could be effective.

Two anchors were put down to hold the ship securely in position while power was restored to the ship.

The ship was about 1.6km from the shore while at anchor, holding fast and at no serious risk of drifting further.

The Kaitaki returned to Wellington under its own power with two tug boats ready to assist if required.

The ship’s engines and systems are subject to continuous inspection and maintenance.

As part of the investigation and follow-up to the incident these processes will be further reviewed.

MUNZ is very proud of all our members on board who carried out their emergency duties in a very professional manner.

KR-IIL also remained in touch with me during the whole ordeal.

This was a reassuring and positive move in terms of keeping the communication channels open between the employer and union, especially in these circumstances.

Again, well done to everyone involved in the emergency operations.

– Jim King

Jim King Secretary/Treasurer Wellington Branch

KiwiRail

1. KR-IIL Terminal upgrade consent is approved. The upgrade of KiwiRail’s Kaiwharawhara Wellington Ferry terminal has been approved under the fast-track consenting process in a major milestone for the project. The main construction work on the terminal redeveloped is scheduled to start by mid-2023.

2. Retirement Clause

A letter has gone to KR-IIL regarding the Retirement Clause for those seafarers who transferred to KR-IIL through the Industry Transfer Agreement.

I have requested that we review the clause. We have had some members who transferred to Tranzrail in the early 1990’s via an industry transfer and did not qualify for retirement, when other industry transfers received retirement from the company.

3. Kaitaki Cabins

Live On-Board Cabins on Kaitaki are somewhat of a neglected state. There are issues with warped decks, shower linings lifting, black

mould in bathrooms and on some of the crew mattresses.

Over the last few cycles, delegates have been going through crews’ cabins putting in work orders etc with the Master and ACSM. I believe it’s been recorded through health and safety. The crew have also been disposing of contaminated bedding and the like.

Finally after many years of the crews’ cabins being neglected over the refurbishments of passenger areas during wet docks and dry docks, the Kaitaki had the shipwright travel with them to assess their cabins on a one-to-one basis and work through highest need. At long last Progress.

Both the Deck department and OBS with the help of the CSM have agreed to work in with the Shipwright James to accommodate both him and the crew who need to be shifted from their normal cabins to allow the ship wright to do further assessments and works on the Deck 6,4 and 3 Cabins.

Thanks to Annie McCauley (Lyttleton Executive) for the report and constant updates.

4. Meals for WOWO’s

On Friday 30 December, Fiona Mansell and I met with KR-IIL to discuss the Catering attendant not having access to meals on the Kaitaki

5. Letter to Tu Rosson (KR-IIL)

This seems to be an ongoing problem, I may have agreed in principle some time ago that when the Kaitaki is late back into WLG, say 1830 hours, then the Catering WOWO’s would be given a meal.

The reality is Tu, our members are on the vessel whilst the dinner meal is being served at 1645 hours.

I continue to receive complaints from our members that they are in fact on board working their 10-hour shift, and the meal is being served up to all LOB’s, but the caterers are not permitted to have a meal, when in all honesty Tu, they still have one hour and fifteen minutes prior to the official sign off time at 1800.

This Union is inclined to agree that our members are entitled to be served a hot nutritious meal during their rostered time on the vessel.

This is set down in the MLC Seafarers Bill of Rights and is the absolute minimum standard.

Also please bear in mind, even though the Caterers are WOWO’s, the Seafarers Bill of Rights does not distinguish between those seafarers who live on board, or the walk on walk off seafarers.

I would like to see the company provide these meals without delay, and from what I can ascertain, our WOWO members that take their meal breaks will do this strategically so that there is no disruption to the overall operation of the vessel. Please refer below:

Regulation 3.2 – Food and catering Maritime Labour Convention, 2006

2. Seafarers on board a ship shall be provided with food free of charge during the period of engagement.

Moving forward, the Maritime Union would now like to see this essential right applied without delay. This is an issue that has now gone on way too long and it would be in the best interest of all concerned to have this major issue dealt with in an expedient manner which is agreed to by both parties.

Night shift Team Leader (T/L) (Low season) K2

It was agreed at the 2021 wage rounds, that in the off season there was to be the inclusion of the Team Leader placed on nights, information has now come back to me that this in fact is not the case.

There tends to be a laid-back approach when it comes to having a Team leader rostered on the night shift, it appears to be a hit and miss approach, if a T/L rostered on, then all well and good, but if they’re not, who cares. It was agreed to have this position filled.

Continued next page

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Which brings me to the next issue, if no T/L is working on nights, then the expectation from you is, one of the Caterers working nights is to take up the roles and responsibilities of the T/L.

Why are you not applying the higher duties rates and shorthand payments as per the CEA.

Shorthand pay

This issue still needs to be discussed, as I am aware there is shortages on a constant basis, and the shorthand payments are never made.

Tu, there’s a lot to deal with, but I would respectfully ask that you please first deal with the meals for WOWO’s urgently, then we can progress onto the other topics after this. I look forward to your reply.

StraitNZ

Bluebridge

6. Staff retention payments

The following was presented to the senior management team/ board and have been approved.

1. CSR hourly rate (Wellington and Picton): increase, with effect from 1 December 2022.

2. Passenger Terminal Supervisor rate (Wellington and Picton): increase, with effect from 1 December 2022.

3. Removal of 6-month stand down for sick leave, for all staff across whole StraitNZ, with effect from 1 December 2022.

4. Policies. Three policies covering whole StraitNZ:

- free Southern Cross Health Insurance Regular Care for all permanent staff (already implemented for all Bluebridge staff);

- wellbeing/fitness allowance for all permanent staff, $500 (gross) per calendar year.

- superannuation – matching employee contribution with employer contribution up to 8% max (to be implemented next pay run 14 December 2022).

StraitNZ stated points 1 and 2 enhancements are solely employer’s initiative and decided on outside bargaining therefore for next CEA bargaining round, any further salary

negotiations will have as reference the rates as listed in current CEA.

This is their view, it isn’t the view of this union.

There’s a reason why they increase the remuneration to our shore-based membership, and that was in the name of retention.

This increase came on the back of a remuneration increase paid to our seagoing MUNZ seafarers, and that too was based on retaining their staff as they had a few seafarers leave and either went to the opposition or went to Maersk or Swire’s.

So, the Wellington Branch will be guided by the members claims, and not StraitNZ’s desires at the 2023 wage rounds.

For some strange reason, they also advised me the permanent Patch Drivers on IEA’s will receive a threetier remuneration structure with incremental steps with a first salary increase with effect from 1 December 2022.

Offshore

7. Australian Offshore Solutions (AOS)

Q7000 - Campaign is being contracted to MBIE to carry out end of life well operations to plug and abandon the Tui wells, off Taranaki, and is expected to take approximately 2 months, plus weather.

We have struggled to get IR’s, AB’s, Motormen, and cooks, we did manage to supply some crew, but inevitably we are short of labour, hence why we are in talks with the MUA.

Once again, MUA officials Will Tracey and George Gakis are endeavouring to assist us with the labour, and on behalf of the Wellington Branch and MUNZ as a whole, we sincerely thank them for their much-valued input and assistance which is truly appreciated.

Rough timeline:

• 4th Feb – ETA Malaysia

• Mid Mar – ETD Malaysia/Singapore

• End Mar – ETA Freemantle

• Mid Apr – ETA NZ

Crew required:

• 8 x IR’s (4 per swing) 4/5 MUA

• 4 x MM (2 per swing) MUA

• 2 x C/Cook (1 per swing)

• 6 x cook (3 per swing) – number TBC MUA

• 10 x Stewards (5 per swing) – dependent on POB

At this stage, I have been advised the vessel will not be drilling, therefore Class 4 Dive Support & MultiPurpose Construction Vessels could probably be its classification.

NIWA

I received an email from the Skipper of the Tangaroa , Daniel Haywood, which he wrote on behalf of all the crew, re, a formal written complaint regarding the vessels communication systems namely the SATCOM and Iridium Certus not working.

The emailed complaint I received was lengthy but in summary, the current Internet system used onboard was not fit for purpose and the system is not stable or available consistently. Even at the wharf during mobilisation the crew had to use their personal cell phones to hotspot because the ships 4G system was unavailable which is really unacceptable in a major New Zealand city like Wellington, there really is no acceptable excuse. As a result of this, nonconformity notices were served on NIWA.

All three unions are now in the process of claiming for hard laying.

General

8. Seafarer Training

We are starting to get a few names on our MUNZ Trainee Database. There are people from a vast range of sectors, with good transferable skills that can be utilised within the shipping sector.

It’s good to see that BlueBridge and KR-IIL have been the dominating forces in this problem area and have been for many years.

The candidates from our database who we have been putting forward for consideration are very keen and motivated people.

Both KR-IIL and Strait Shipping are the “industry leaders for seafarer training” therefore, it wouldn’t hurt for other shipping companies such as the Offshore Employers Group (OEG), and NIWA to take a leaf out

of their book in terms of career pathways for all departments, deck, engine and catering, instead of stealing off companies who have put in a lot of time, money, and resources for these people to be trained as AB’s.

Please keep your emails, articles and pictures rolling in, they will be published in the next edition of the Wellington Maritime Worker, space permitting.

The next edition of the Maritime Worker is due out in April 2023 and will also have a new look format.

Very low in numbers.

Next Stop Work Meeting is set down for new date and day, Wednesday 1 March, to be held at 10am at the First Floor Conference room, MUNZ National Office, Waterside House.

12. 2023 up and coming wage Negotiations for Wellington Branch

• Blue Bridge – Ferries – June 2023

• Oil & Offshore Gas – October 2023

• StraitNZ – Wellington & Picton Terminals – June 2023

• NIWA – second phase of 2022 Terms of Settlement – June 2023

• KiwiRail InterIslander October

• Dutch Dredging December 2023

13. Wage rounds current

• NIWA Vessels (Settled)

• C3 Log Marshalling (Current)

• C3 Stevedoring (Current)

• SGS (current)

Auckland port ushers in industry first pay structure for stevedores

“Uncertainties” over Auckland port’s future and the cost-of-living squeeze have prompted the council-owned port company and the Maritime Union to bring in an industry-first pay structure for stevedores.

Stevedores, who unload and load ships, will move to a salaried income.

MUNZ Auckland Branch Secretary Russell Mayn said the new collective deal will provide stability for stevedores’ families at a time the cost of living is pinching, and that it’s an opportune time for the agreement “given the uncertainties surrounding the future of the port”.

“The introduction of dynamic rostering will be a game changer for a work-life balance for stevedores going forward. For the port of Auckland and its Maritime Union members this will be the first salaried contact.”

The extension of the current collective agreement to 2024 would provide stability for the port and its shareholder, Mayn said in a joint port company/ union statement.

The extra year’s extension would include an increase of pay in line with the consumer price index with an upper limit. It also included 40-hour salaries for stevedores.

9. Maritime Worker newsletter

10. Wellington Database

11. Stop Work meeting

Kaiarahi deck crew

WELLINGTON REPORT

FIONA

MANSELL

Port Round Up

Hope you all had a good Christmas and a great start to the New Year!

We have started off with a hiss and roar with a lot of issues raised from members that are employed with several different companies.

I think this is a good chance to remind members that while we are still actively involved with Kiwirail-InterIslander our work is not just limited to this company.

We represent members at other companies such as CentrePort, C3, SGS (Wellington and Nelson) SSNZ Hospitality/Terminal which includes Picton.

Jimmy has several different shipping companies in and out of Wellington to organise.

If any members feel we are not working or communicating enough then pick up the phone, come see us in the office, speak to the delegates, read the Maritime Worker, ATTEND monthly Stop Work Meetings to get all the up-todate information.

CURRENT NEGOTIATIONS

C3: Active, waiting for C3.

SGS Wellington: ratified.

SGS Nelson: Active, waiting for a date for the 1st meeting.

UPCOMING NEGOTIATIONS

CentrePort: ratified before Christmas, expires end of June.

Kiwirail-Interislander: expires end of September.

SSNZ: expires end of June.

SPECIAL THANKS

To the Wellington Branch Executive for all the demanding work that you face in this union.

I would like to congratulate MeganRush Reed for taking up the Wellington Women’s Position. We are absolutely stoked and grateful to have you join our Executive Team.

Taking up this position is not going to be easy especially with the amount of issues that need to be dealt with on-board the vessels.

However, you will thrive in your working environment as the Women’s Rep and become more educated and empowered.

Big thanks to those who hosted me at their end of year functions in Nelson, Auckland and Lyttelton. It was great meeting members at different branches. Special thanks to Lynette Payne (Nana) for always offering to sit at the door for our Christmas function checking members in, your work for our union never ever goes unnoticed. Dinner and drinks with Masterton C3 workers pictured below at Lonestar.

Fiona Mansell Assistant Branch Secretary Wellington

Wellington Branch Christmas function, members enjoying a good catch up

Nelson Branch Executive with their new Branch Secretary Hollianne Payne, another woman stepping into a more active role in our union. Well done for saying yes and giving it a go, you will grow and be challenged in this position!

WELLINGTON OLD TIMERS FUNCTION

Pictured are some of our retired members at the Wellington Branch Old Timers function, held Saturday 3 December 2022 at Trax Bar, Wellington Railway Station. If it weren’t for these members who fought the battles long ago we wouldn’t have the conditions we enjoy today.

TAKUTAI CHIEF MUNZ APPAREL

Members, August and September were big months, not only for our Union but for the New Zealand maritime industry in general.

Our members need to man two Maersk vessels along with a Swire / Pacifica addition, plus the usual supply of labour needed for any relieving and Offshore work.

We officially joined the Takutai Chief on 17/9/22 and began a schedule that includes Marsden, Auckland, Tauranga, Lyttelton and Timaru.

It was not without its troubles, as is usually the case, mainly teething problems but some that needed more urgent attention.

This includes things like the general state of the accommodation and major galley issues along with some that couldn’t have been foreseen such as plumbing and ablution problems which were temporarily overcome.

Four weeks of “hard laying” were settled on which was good although monetary payments only compensate and remedying the problems is the answer.

Things will certainly need to be addressed ASAP as will the list of H&S deficiencies each Port has submitted as cargo work commenced.

Thankfully all departments worked well together, under at times trying circumstances, to overcome problems as they arose.

I’m sure that given time she’ll eventually settle into being a positive form of employment for which we’ve campaigned long and hard for.

Cheers to Annie McCauley for consistently providing all the members with MUNZ Apparel!

The latest Seafarers T-Shirts have been a great hit, keep putting your orders in with her and she’ll sort you out, wherever you are in the country.

Please bear in mind Annie organises all this merchandise during her time off work and voluntarily for all.

Email annette_liz@hotmail.com

https://www.facebook.com/AnnieMUNZApparelAdvisor

Our tshirt models from Kaitaki A crew: Teetan Iotebwa Teurita Nakabuta Mikaere Muliava

Tony Mowbray #1154 Wellington Branch President

AUCKLAND CHRISTMAS FUNCTION

MUNZ Wellington Branch were represented at the Auckland Branch Local 13 Christmas Function on 13 December 2022 at the Te Atatu Boat Club. Thanks to Russell Mayn, Grant Williams and Hector Thorpe for hosting.

Around and about

Top: Drew Ordish, William Brockway, Allan Greer, Kabunare, Trevor

Middle: Ti rang kukurei n Riki bwa kain Maritime Union

“We are proud to be members of the Maritime Union”

From left to right Teurita Nakabuta Isaako Mariner (a cousin of James Mariner skipper on Kaiarahi ) Teetan Iotebwa Mikaere Muliava

Bottom:

At the Lyttelton Branch Christmas Function at the Loons Hall in Lyttelton, MUNZ National Secretary Craig Harrison with Wellington Branch exec member Marian Lesslie.

POTENTIAL FOR COASTAL SHIPPING AND “GREEN SHIPPING CORRIDORS”

There is great potential for low emission coastal shipping helping New Zealand to move to a zero carbon future.

The Clydebank Declaration signed by New Zealand and 21 other nations in 2021 promotes the establishment of green (zero emission) shipping corridors between ports, using new propulsion technologies.

Maritime Union of New Zealand National Secretary Craig Harrison says the future of transport will be about resilience.

He says supply chain issues experienced during COVID pandemic were an example of how global events could quickly throw the economy into chaos.

“The climate crisis is already causing disruption and urgent action is required to reduce emissions in our transport sector and build resilience.”

Mr Harrison says the Maritime Union supports the work of the Government around decarbonizing the transport sector and backing low-emission modes such as coastal shipping.

Minister of Transport Michael Wood this week noted in an interview the importance of the maritime sector and the potential for low emission coastal shipping as part of the decarbonization shift.

While some international routes are being planned, in New Zealand green shipping may initially be a domestic initiative.

KiwiRail has two new low emission diesel-electric Interislander ferries on order, and MOVE Logistics have plans to introduce a methanol powered RORO vessel onto the New Zealand coast with support from the Government.

New Zealand ports are also moving towards more sustainable practices.

“New Zealand is extremely well placed to take advantage of the coming revolution in low emission shipping,” says Mr Harrison.

He says a green shipping corridor between Australia and New Zealand with locally flagged and crewed ships would be a logical extension to domestic coastal shipping.

Mr Harrison says there has been a massive turnaround in the coastal shipping industry in the last year.

“The Government should be commended for its leadership and practical support around getting coastal shipping back on a growth trajectory.”

He says there is now an urgent need to ramp up training for a new generation of New Zealand seafarers for the future of the maritime industry, which will also include offshore renewable energy projects as well as the transport sector.

Mr Harrison says there is already a strong push around the world by the International Transport Workers Federation (ITF), international State agencies and industry groups towards “just transition”.

“Just transition” is the shift to a decarbonized, green economy accompanied by social goals including retraining for workers, and high pay, high skill jobs.

UNION HISTORY

BILL “PINCHER” MARTIN

Born 1923

Died 12 June 2007

President of the New Zealand Seamen’s Union (1964 – 1973.

BY MICK WILLIAMS MUNZ LIFE MEMBER

Pincher was the ultimate Kiwi union man – the sort of workers’ leader you aspired to be. He became one of those rare union officials who genuinely believed in flax roots democracy and did all he could to put it into practice.

He liked recounting his first big lesson in taking on a leadership role: he had disobeyed his wharfie father and gone to sea during the Second World War, and almost before he had gained his sea legs, he had been elected ship’s delegate.

When he returned, his father confronted him in the garden, briefly interrogated him and then knocked him over – not for running away to sea, but for taking on the delegate’s position before having mastered all the skills involved in being a seaman.

He would sling off at unions who had lawyers for presidents, or who ran to the law in any dispute. He couldn’t fathom why a union would willingly surrender authority over the lives of workers to “some bastard with a sheepskin on his swede.”

For him, the Labour Party, too, was part of the “bullshit brigade” and “Micky Savage was only a frontman for a bunch of turncoats”.

But, for me, it was not Bill the gladiator who was great, it was Bill the wise, practical leader, comrade, and friend, who was great.

He was great because he always inspired courage and commitment in the people around him. During the Walsh years, rank and file demands for major changes to the lives of seafarers had been building up like water behind a dam and so when the old despot died in 1963, a flood of democracy was released.

Within the union then there were powerful competing political factions, dominating and larger-than-life personalities, dangerous criminal elements, and tons of wild idealism all this in the context of the tumultuous sixties. The union needed someone like Pincher who could offer direction and discipline to the struggle as well as allow flax roots into flourish. He did this brilliantly.

For him, the union was not just another pressure group, it was a way of life, a way of struggle for a better world.

During his decade as President, a string of the most significant achievements in the union’s history were made. These included reorganising the port dominated and fractious structure into a nationally coordinated fighting force, laying the foundations for the state-owned New Zealand Shipping Corporation, the setting up of the Pension Fund and forcing the practice of equal time on and off.

These involved protracted campaigns against hostile governments and slave driving shipowners.

The union’s strength, as well as Bill’s personal power base, was established and continually bolstered at the regular stop work meetings up and down the country.

These packed meetings, where everyone could have their say, were often extremely heated and unruly and they didn’t all make the same decisions on important matters. But Bill had a way of weaving the strands together into a powerful movement.

He brushed aside the cowards who tried on the old bullying and stand over tactics, which had been such a curse through much of the union’s history.

As a result, the rank and file, supported by Bill’s bottom-up leadership style, were able to overthrow the old ‘auction block’ recruitment practice and replace it with a union-run roster system. The union had carved out a little bit of socialism in the maritime industry. Seamen were employed by the industry, not by the shipping companies.

On the international front, Bill put an enormous effort into the peace movement in New Zealand and the Pacific. He led protests against French nuclear testing and fought against the visits of American nuclear warships.

He developed strong solidarity links with black workers in South Africa during Apartheid, helped build up Fijian and other Pacific union movements and reopened close relations with the Maritime Union of Australia.

Bill left office in 1973 and went back to sea, continuing as a sea-going national councillor. He felt that his role as an official should come to an end. He couldn’t bear the thought of becoming a bureaucrat.

Modern unionism, he used to say, was becoming led by seat-warmers and intellectuals. “You don’t need a university degree to tell the boss he’s a bastard. But, at the same time he believed that all young seafarers should receive a good sound education. He used to insist that all members read ‘Against the Wind’, the history of the union, and learn about global issues, particularly international solidarity.

Later Bill would always say, “To be a delegate, you’ve got to be the hardest worker.” Another time he got sat on his arse was at his first negotiations after he had taken over as President of the union in 1964.

Before talks began, Bill launched into a speech about how the shipowners had paid for their wealth with the blood of generations of seamen. He ended his tirade with, “Nothing is too good for the workers!”, to which the bosses’ chief negotiator said, “Alright, Mr Martin, we’ll give the workers nothing.” That was Bill. With his strength went good humour and humility.

He despised people who tried to make big names for themselves and was not slow to show it. He confronted F.P. Walsh and survived, insulted Norman Kirk to his face and gave FOL leaders like Len Hadlee and Tom Skinner their pedigrees for collaborating with the government and accepting knighthoods.

My mentor Bill Martin R.I.P.

Top:

MUNZ Life Member Mick Williams accepts a plaque from MUNZ National President Carl Findlay at the November 2022 National Council. The plaque was accepted on behalf of Wellington Branch to commemorate the support given to Auckland Branch Local 13 during the Ports of Auckland dispute.

Bottom:

Able Seafarer Maree Griffiths proudly holding up her decorated life ring, with some fancy wrap around rope work!