WITH one entirely legal decision - to move to lock out its workforce - tug operator Svitzer achieved something quite out of the ordinary; it made itself as unpopular in the public mind as the Maritime Union of Australia, one of the perpetual targets of those who rail against "union thuggery".
Between them, the MUA and their ideological sibling in the coal industry, the Mining and Energy Union, have historically represented everything that is either good, or bad, about unionism, depending on which of the three broad camps the observer sits in.
Although there are long periods where peace breaks out, the basic stance on the waterfront and in the mines is one of opposition. What the boss wants, the union instinctively opposes. With this as a mindset, the employers dislike them. Hate is not too strong a word.
Australia no longer has "closed shop" compulsory unionism, but even so, membership in both industries remains high.
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Union members pay some hefty dues, and will be regularly touched up for further contributions, including for such worthy social causes as the Westpace Rescue Helicopter Service, which was built on union subscriptions.
But the workers know their pay and conditions are way above average, and are prepared to defend those conditions by withdrawing their labour. They forgo pay, but collectively, to get things as much their way as they can.
Then there's the third perspective, that of the Australian workforce in general - which, unionised or not, has gone into its shell as far as strikes are concerned - and which instinctively resents them for their success.
With those precepts in mind, the Svitzer dispute is of the highest significance when it comes to this country's industrial relations future.
It's a telling thing that throughout the events of this week, nobody has been talking about money. About wages. Or even much about conditions.
This dispute has been dragging along largely out of the headlines since before COVID arrived.
The company and its supporters in the employer community say the MUA and the unions representing tug skippers and engineers have made things impossible with a deliberately frustrating campaign of bans and stoppages, sometimes carried out, but often called off at the last minute.
The unions, for their part, say that in-principle agreement has been reached more than once on almost every issue, but when the documents arrive to confirm what's just been settled, Svitzer has changed something.
A comment piece by Jennifer Hewett in the Australian Financial Review yesterday, in summarising Svitzer's arguments, said: "A 26 week year is standard. In some ports, employees called in for four hours work can receive up to four days' pay."
It describes union involvement in various aspects of business as "excessive interference", and Svitzer says "restrictive work practices" have cost it work and tenders - a reference to three ports, Bowen, Geelong and Whyalla, it no longer operates in.
Hewett said deckhands (the MUA members) earned on average $170,000 a year. Newcastle MUA secretary Glen Williams says it's $130,000 in Newcastle.
Whatever the actual figures, the three unions acknowledge the fact that their members are well paid.
"I know we're not everyone's cup of tea," Williams said yesterday.
"But we fight for our members and believe in social justice and we're proud of that."
In response to the Svitzer arguments, the MUA says all permanent towage workers work 182 shifts of 12 hours each for their salary, and that these shifts can extend to 14 hours without additional payment.
It says overtime is only paid once 182 shifts have been worked.
"The reference to the four hours work for four days pay is very vague," the union says.
"An example in Newcastle could be a weather event where the tugs worked a job then the port was closed for the next four days.
"In this instance the tugs remain in a state of readiness to deal with emergency response (think of the Pasha Bulker) and to be able to start towing ships again as soon as the port is opened up.
There is nowhere in the country where under normal operating circumstances does towage worker receive four days pay for four hours work."
The Fair Work Commission has suspended industrial action at Svitzer - in either direction - for six months, but the fundamental differences will be there when they return to the table.
