DCN AUGUST Edition 2019

NEWS IN BRIEF
Wharfie used as union “front man”, judge rules
A Federal Court Judge dismissed a challenge to an
enterprise agreement on Melbourne’s docks, ruling the
application was a “front man” for the MUA/CFMMEU.
The applicant was Richard Lunt, a former wharfie at Victoria
International Container Terminal, whose dismissal in late 2017
triggered large protests at Webb Dock.
The MUA had sought to overturn the VICT enterprise
agreement which it did not negotiate and regarded as
undermining workers’ conditions.
The Fair Work Commission and the Australian Maritime
Officers’ Union were also respondents.
After hearing evidence, Justice Darryl Rangiah dismissed
the case. “I am satisfied that Mr Lunt has not brought the
current proceeding for the predominant purpose of vindicating
his own legal rights,” Justice Rangiah said.
“Instead, Mr Lunt has brought the proceeding for the
predominant purpose of enabling the CFMMEU to obtain relief
which it was unlikely to obtain if the proceedings were brought
in its own name.
“In my opinion, that is an illegitimate and collateral purpose.”
The judge said the CFMMEU was the “true moving party”.
“It is the true moving party because it has used Mr Lunt to
seek the relief that it fears it would not obtain if it brought the
proceeding in its own name,” Justice Rangiah said.
“Through the device of the CFMMEU using Mr Lunt as a
‘front man’, VICT has been deprived of the opportunity to
defend the proceedings on the basis that the MUA acquiesced
in the approval that is now sought to be quashed.”
Justice Rangiah dismissed the case on the basis of it being
“an abuse of process”.
VICT has indicated it intends to seek costs.
Mr Lunt was represented in court by one of Australia’s
foremost barristers, Herman Borenstein QC, who acted for the
Maritime Union against Patrick during the 1998 dispute.
QUBE MAKES BID FOR CHALMERS
Maersk announces
“carbon-neutral”
transport trial
Shipping giant Maersk has announced it is beginning trials of a
“carbon neutral” fuel, said to be the first of its kind in the industry.
The fuel is being piloted with select Maersk customers, starting
with H&M Group as the first company to conduct a trial as part of
a shift towards carbon-neutral transport.
The biofuel is a blend of used cooking oil and heavy oil that has
been tested and validated in a trial done in collaboration with the
Dutch Sustainability Growth Coalition and Shell. It is certified as
a sustainable fuel by the International Sustainability & Carbon
Certification.
“The biofuel trial on board Mette Maersk has proven that
decarbonised solutions for shipping can already be utilised today,
both technically and operationally,” Maersk chief operations officer
Søren Toft said.
“While it is not yet an absolutely final solution it is certainly
part of the solution and it can serve as a transition solution to
reduce CO 2
emissions today.”
QUBE announced a takeover bid for fellow logistics
business, Chalmers Limited, a move already supported
publicly by the latter’s chairman.
The proposal valued Chalmers shares at about $60m.
Qube managing director Maurice James said the offer
provided “an opportunity for Chalmers shareholders to
obtain liquidity for their shares at an attractive premium”.
“The structure of the offer enables Chalmers
shareholders to elect to cash out their Chalmers shares or,
by electing the scrip option, to share in the growth of the
Qube Group,” Mr James said.
Chalmers’ chairman, Graham Mulligan said the offer
represented attractive value for Chalmers shareholders.
“The directors of Chalmers intend to unanimously
recommend that Chalmers shareholders accept [the
Qube] off-market takeover offer for all the ordinary shares
in Chalmers, in the absence of a superior proposal,” Mr
Mulligan said.
According to the Qube statement to the ASX, the
Chalmers transport and logistics operations, coupled with
the company’s property assets (in Melbourne and Brisbane),
are complementary to those of Qube.
The offer was conditional upon Qube acquiring a relevant
interest in 90% of Chalmers shares.
Maurice James
Allie Caulfield; Qube
12 August 2019
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