As I was driving home tonight I heard a news item that said that MUNZ and the CTU “were thrilled that Ports of Auckland had agreed to halt the recruitment process, and that workers could now head back to the Port”.
I was surprised to say the least, and immediately rang a contact at the Port to clarify the situation.
I was told in no uncertain terms that the Port and MUNZ were still part of the Judicial Conference process, and as such no comment was possible. It was emphasised that both parties had agreed to the confidentiality process, and that, again, no comment was possible.
I asked about the news item and was told that they were aware of the item, but reinforced that no comment was possible. Ports of Auckland has now issued a press release.
Here is a copy of the court minute from yesterday. (PDF)
Nowhere in this can I find what the Union and CTU are claiming.
The final point is the most telling:
“The court requests that both parties exercise appropriate discretion and restraint regarding any media statements in relation to this matter given the continuation of bargaining”
You can read the decision yourself, and interpret it accordingly.
there is no way you can read into the court minute what Helen Kelly and the Maritime Union are claiming.
Essentially the substantive hearing has been adjourned to a later date, not set, but there is a reference in section 3 to “this one month period”.
The Port have agreed (it has not been ordered) to hold their actions. This is in effect a freezing of the situation and does not represent a withdrawal of the Port’s position in any way.
Point 2 may in fact point to the situation. That an amended timetable is to be set may in fact mean that one of the parties is not prepared completely for the case. If that is so, then I would anticipate that the Union have not prepared their case, and needs time to get their act together.
So it seems that once again the Maritime Union and Helen Kelly are playing fast and loose with the truth and may infact have attracted the ire of the Emplyment Court Judge by breaching the agreement to refrain from media comment.
It just shows that they are desperate to spin anything at all as a possible victory, even when it clearly is not.