The Lockout
In September 1997, Patrick implemented a restructure whereby the functions of employing its unionised workforce and owning its stevedoring business were divided into different companies. The stevedoring businesses and assets previously held by the employer entities were transferred to other companies within the Patricks Group. In addition, the employer entities entered into various labour supply agreements with the owner entities to supply Patricks with labour. As a consequence, the labour supply agreements became the major asset of the employer entities.
Significantly, the labour supply agreements were terminable by the owner entities without notice in circumstances of industrial action. The details of the corporate restructure were not made known to Patrick's employees or the Maritime Union of Australia (MUA).
In late 1997 and early 1998, Patrick's employees engaged in industrial action, most notably at Melbourne's No 5 Webb Dock.
On 8 April 1998, Patrick's management dismissed all of its employees; liquidated its assets, becoming technically insolvent; and imposed a lockout at most ports in which it operated.
Minister for Workplace Relations, Peter Reith read from a prepared brief, stating that the government fully supported Patrick in their action.
By the following morning the docks were fully operational with new non-union staff in place.
Read more about this topic: 1998 Australian Waterfront Dispute