Australia news live: Tony Burke defends IR bill at press club; NSW creates stand-alone offence for coercive control

A full bench of the fair work commission will on Thursday decide whether tug boat operator Svitzer must suspend or terminate its plan to lockout its own workers from Friday amid a protracted industrial dispute, as the Danish company refused to enter into last minute conciliation despite union willingness to do so.

On Wednesday afternoon, fair work commission vice president Adam Hatcher directed legal teams representing various maritime worker unions, port operators, stevedoring companies and the government to submit evidence about whether the proposed industrial action – to indefinitely lockout 590 workers at 17 ports from midday on Friday amid an impasse with employees over a new enterprise agreement – threatens to cause significant damage to the Australian economy or an important part of it.

Parties must make their submissions by 11am on Thursday, with the hearing to commence at 1pm – less than 24 hours before the lockout is set to begin. Hatcher said the hearing may need to continue on Friday morning.

Hatcher heard the various unions, port operators, stevedoring companies and the minister for workplace relations to state their position on Svitzer’s proposal. “I think everyone agrees this lockout should not go ahead,” Hatcher said.

On Tuesday, Hatcher announced the commission would consider suspending or terminating the lockout – considered industrial action – after Svitzer announced its plan, noting the proposed action could threaten “to cause significant damage to the Australian economy or an important part of it”.

However Stuart Wood, representing Svitzer, told the fair work commission on Wednesday “we’re not prepared to withdraw the lockout”. Wood recounted the various meetings, negotiations, industrial actions and fair work commission interventions that had already taken place between Svitzer and its employees yet failed to help the parties agree on a new enterprise agreement.

Hatcher pleaded with Svitzer and the unions to attempt conciliation ahead of Thursday’s hearing before the full bench. While Wood said he didn’t believe further conciliation would resolve the matter, Mark Gibian, representing the Maritime Union of Australia, suggested the proposed industrial action should be withdrawn and suspended until after Christmas. “We don’t think the outstanding issues are incapable of resolution,” Gibian said.

Gibian, as well as Yaseen Sharif, who represented the minister for workplace relations Tony Burke, expressed concern at having to submit evidence by 11am on Thursday regarding the economic damage the lockout would cause, suggesting they would need more time. Sharif noted the lockout “would have the effect of non-servicing of naval vessels”.

Svitzer is the largest tugboat operator in Australia, with 100 vessels and 50,000 tug movements a year, meaning the lockout is likely to shut down container movements and disrupt supply chains.