Couple's landmark compo win against Maritime Union
The maritime union and a national labour hire firm have been ordered to pay a Perth couple more than $720,000 in compensation after they were refused jobs because they were not union members.
In the first case of its kind, Bruce and Lynne Love were awarded $352,100 and $371,200 respectively after the Federal Court found Offshore Marine Services and the Maritime Union of Australia had breached the Workplace Relations Act. Justice John Gilmour said the MUA had operated an illegal closed shop that was aided and abetted by the company, which is now called Skilled Offshore.
Sobbing yesterday as he recalled the stressful period, Mr Love said the couple had been promised offshore jobs as a steward and a cleaner in 2009, with combined wages of $220,000, provided they completed training and joined the union.
The couple, in their 50s and suffering financial hardship, borrowed money for the training course and tried to join the union twice, but were denied.
"It was so frustrating because it was like standing two inches from the golden chalice and then watching it disappear into the sunset," Mr Love, from the southern suburbs, said.
"I couldn't believe this kind of union thuggery could happen in this day and age."
Union membership was crucial because of an unlawful arrangement in which OMS would canvass new recruits from a list of "beached union members" and not employ non-members.
The union had a policy of getting jobs for "beached" members - existing unemployed union members seeking offshore jobs - before allowing others to join.
The court was told that just before the Loves' job application, there were several incidents of the union threatening industrial action against OMS if non-union workers were used.
Justice Gilmour said it was a "gross interference with the freedom of association rights of the Loves, depriving them, at a critical time of their lives, of the opportunity to gain well-paid (jobs)". The Fair Work Ombudsman prosecuted the case. Ombudsman Natalie James said closed shop systems were unacceptable. "Employees have the right to join or not join a union and this should not have any bearing on their ability to seek paid employment," she said.
MUA boss Christy Cain said lawyers were looking at the decision to determine the next step.
The union must pay two-thirds of the compensation award and an extra $79,200 for its role. OMS, liable for a third of the compensation, declined to comment.
