Case Study

Dec 29, 2022

Seyfarth Partners with Australia’s Leading Tugboat Operator to Face off Against Militant Unions Over a New Enterprise Agreement

The Seyfarth team for this case included Rachel Bernasconi, Chris Gardner, and Rebecca Brediceanu.
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More than 90% of all large maritime or commercial vessels mooring at major Australian ports require towage by tugboats. As an island, Australia relies heavily on tugboats to receive fuel and other necessities, not to mention the $5.2 billion boost that cruise ships contribute to the economy.

Svitzer is Australia’s leading tugboat operator, with operations across Australia and including in all major cargo terminals.

The commercial imperative for a new enterprise agreement is based on Svitzer having lost work to competitors not bound by restrictive, decades-old legacy provisions that impact productivity and cost.

Seyfarth’s Chris Gardner and Rachel Bernasconi have advised and supported Svitzer in various legal proceedings, including bringing to an end sustained industrial action for six months in a dispute that has generated significant national and international attention.