Webdiary intern Judith Ireland is a fourth year media and government student at Sydney University. She plays the piano in a cafe and teaches music.

 

Chris Corrigan’s Patrick Stevedores corporation has been found guilty of three criminal breaches of occupational health and safety laws, seven years after he described wharfies’ rest breaks as a rort.

The New South Wales Industrial Relations Commission found on Friday that Patricks knowingly allowed workers to suffer soft tissue issues because of the postures heavy crane drivers in Port Botany were forced to adopt and the repetitive movements of their work.

In the aftermath of Corrigan’s 1998 victory in the waterfront dispute, 800 waterfront workers lost their jobs. Following a hastily devised new enterprise agreement, remaining straddle drivers were forced to work prolonged shifts using run down equipment, with breaks only for meals.

Justice Wayne Haylen found that Patricks implemented the new work system despite warnings from a medical expert that it was unsafe. Despite Patrick’s knowledge of the health dangers of bad seating and unsafe cabin conditions, it persisted with these work practices.

The Maritime Union of Australia’s Sydney Branch secretary, Robert Coombs, began proceedings against Patrick Stevedores four years ago, arguing that a high percentage of workers at Port Botany were experiencing serious back and neck injuries due to prolonged working hours without enough time to exercise, stretch and stand.

While finding that the potential risk of injury was “real rather than theoretical,” Justice Haylen was not satisfied that the effects of the work place conditions were widespread. “The evidence, however, does not allow me to conclude that all drivers, or even a significant majority of drivers, have suffered these type of injuries,” he said.

Maritime Union Secretary Paddy Crumlin said workers went to court “in desperation” after discussions with Patricks failed to get action. Corrigan refused all opportunities to settle out of court.

Chris Corrigan pleaded guilty last year to two charges of failing to provide adequate training to workers and agreed to change work practices established under the last enterprise agreement.

A spokesman for Patricks has said the issues had already been dealt with and there were now additional breaks for workers at Port Botany. With both parties now in mediation, Crumlin said “substantial progress” had been made and that the court case was a ” catalyst for a much more mature and transparent approach” by Patricks.

Corrigan faces what could be millions of dollars in fines, with the Commission yet to decide penalties.

So far only the ABC has reported the judgement, on The World Today.