Strategic Labor and Employment Advice to Two of the World’s Largest Stevedores

CHALLENGE

Australia’s stevedoring industry is known for its tumultuous industrial relations environment, with complex enterprise bargaining negotiations and protected industrial action commonplace. The impact of industrial action in the ports has a widespread impact, not only on the stevedoring sector, but on the whole of Australia’s economy and international trade. Preventing such action, and finding swift resolutions when it does take place, is paramount.

SOLUTION

Seyfarth is the go-to firm for these clients in relation to industrial disputes, advising on and managing disputes in relation to unprotected industrial action, disputes arising under enterprise agreements, and urgent proceedings, including two applications made pursuant to section 424 of the Fair Work Act in 2020 for the commission to make an order to terminate or suspend industrial action due to the significant impact on the economy. Seyfarth currently represents one stevedoring client in complex Federal Court proceedings where its client has commenced proceedings against a union and two officials personally for damages arising from illegal industrial action.

RESULT

Seyfarth has developed a daily working knowledge of the operational aspects of these businesses in order to provide urgent and consistent advice that is commercially and operationally sound, and which provides these organizations with the opportunity to leverage industrial disputes to their advantage. Seyfarth also provides assistance in relation to employment litigation, including unfair dismissal proceedings, adverse action claims, and applications in the bullying jurisdiction.