The Guardian September 22, 1999


Sit-in protest saves ship

Individual protest action, maintained even under threat of massive fines 
and prison terms, has won the day for crew on board the ANL liner vessel 
Australian Enterprise. The nine seafarers, members of the Maritime 
Union of Australia (MUA) had been staging a sit-in on board the vessel 
since September 1 in protest against a decision by ANL Container Lines to 
sell the Enterprise and withdraw from southeast Asian trade.

The move to sell was despite a written commitment by the ship's owner, 
French company CMA/CGM, to keep the vessel trading for two years after they 
bought the ANL container trade in August last year.

Protest action began in the port of Adelaide where the vessel was delayed 
for three days. Crew then agreed to sail to Fremantle in WA before resuming 
the sit-in. Fremantle was the last port of call before the 
Enterprise was to sail to Singapore, never to return.

On September 9 ANL took the MUA to the Federal Court and won an injunction 
against the union. Facing massive fines, the MUA agreed not to direct its 
members to continue their protest. But when MUA Acting National Secretary 
Paddy Crumlin reported the Court decision to the Enterprise crew 
they each individually decided to refuse to sail the vessel.

ANL then started Federal Court action under the Trades Practices Act 
against the individuals concerned. But the seafarers maintained their stand 
despite the threats of massive fines, damages and prison sentences. The 
company was also pursuing separate action in the Supreme Court against the 
nine men.

"Due to the courageous stand of these individual members, ANL has now 
dropped all litigation and notified the union that it will be keeping the 
Enterprise at least for another year", said Mr Crumlin.

In addition, ANL CL has indemnified the MUA and its officers and the MUA 
members of the Australian Enterprise crew against any claim by 
shippers concerning delays in receiving cargo or concerning damage to cargo 
arising out of the dispute.

In a statement by ANL CL managing director John Lines, the company has 
agreed that it will maintain an Australian crew on both the 
Enterprise and the Endeavour until at least September 2000 
"or any earlier date mutually agreed between the ANL CL and the MUA".

The dispute has been brewing since August when ANL first announced the 
Enterprise was losing money and would be pulled off the southeast 
Asia run.

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