VOLUME 21 — FEBRUARY 2023
The Maritime Worker Te Whanganui-a-Tara NEWSLETTER OF THE WELLINGTON BRANCH OF THE MARITIME UNION OF NEW ZEALAND
A PIECE OF HISTORY – AND A WIN FOR OUR SEAFARERS In March 1996, the Seafarers Union won a court case against Tranz Rail Ltd, now known as Kiwirail. This case came about because the company refused to supply free food and water for their employees under the Maritime Transport Act. Tranz Rail argued their only obligation was to make food and water available to crew – they claimed the Act was not clear about who had to pay. Thus their position was they could charge crew for the food if that was part of their contract with them. Furthermore, the company pointed out the crew were able to bring their own food on-board if they so wished. The Employment Court rejected Tranz Rail’s arguments. The Court ruled that under the Act food and water should be provided free of charge. Furthermore, there was no distinction in law between the type of vessel or the length of the voyage. The Judge who ruled on this case noted the Act would apply to crew working in the capacity as a “walk on walk off” (WOWO) crew member on the Inter-Island ferries. The Judge concluded it was unrealistic to suggest crew supply their own food and water considering the employers were the only source of providing essential supplies. The Court found in favour of the Seafarers Union. Members won the right to be fed for free on-board the ferries. This practice obviously still exists today backed up by clause 12.3.2 of our Collective Employment Agreement and the MLC (Maritime Labour Convention) Bill of Rights. Continued on page 2