mlc 2006: one year in… - operations.amsa.gov.au 2006: one year in… • brief overview of mlc •...

MLC 2006: One year in…

MLC 2006: One year in…

• Brief overview of MLC

• MLC Certification of regulated Australian vessels

(RAV’s)

• Port State Control

• MLC Complaints systems (on board and on shore)

• Review of Marine Order 11 (Living and working

conditions on vessels) 2013

Maritime Labour Convention, 2006

• Adopted in 2006

• Consolidated and updated some 68 ILO

instruments

• Entry into force required 30 ILO members with

33% of world tonnage

Maritime Labour Convention, 2006

• Australia ratified on 21 December 2011 (22nd ILO member to do so)

• Convention entered into force on 20 August 2013.

• Applied through the:

• Navigation Act, 2012

• Marine Order 11 (Living and working conditions on vessels), 2013

• Fair Work Act, 2009

• Occupational Health and Safety (Maritime Industry) Act, 1993

MLC: Fundamental rights and principles

• Freedom of association and the right to

collective bargaining

• Elimination of all forms of forced or compulsory

labour

• Effective abolition of child labour

• Elimination of discrimination in respect of

employment and occupation

MLC: Fundamental rights and principles

• Safe and secure workplaces

• Right to fair terms of employment

• Right to decent working and living

conditions

• Right to health protection

But why??

Morally

“Human Rights apply at sea, as

equally as they do on land”

David Hammond, Barrister, London International Shipping Week

11 September 2013

Legally

“considerations of humanity must

apply in the law of the sea, as

they do in other areas of

international law”

International Tribunal for the Law of the Sea (ITLOS)

M/V Saiga (no.2) (Saint Vincent and the Grenadines v. Guinea)

Judgment (1 July 1999)

MLC Subject Matter

Wages

Hours of Rest

Seafarer Employment Agreements (SEA)

Repatriation

Leave

MLC Subject Matter

• Accommodation standards

• Food and water

• Medical care

• Health and safety protection

• Complaints

MLC Certification of RAV’s

• 34 with full suite of MLC Certificates

• Several vessels still in progress

• Which RAV’s require certificates?

• >500GT + ordinarily engaged in overseas voyages

• Note: RAV’s which aren’t required to carry certificates

must ensure they comply with Marine Order 11 (Living

and working conditions on vessels) 2013

Port State control principle

Article V – Implementation & Enforcement

7. “…ships that fly the flag of any State that has not ratified

this Convention do not receive more favourable

treatment than the ships that fly the flag of any State that

has ratified it.”

MLC 2006: PSC Summary

• Over 1000 ‘MLC’ deficiencies issued.

• 14 Detentions:

9 - Ratified Flag

5 - Non-ratified Flag

MLC 2006: PSC Summary

Area Deficiencies Detentions

Health and safety protection and accident prevention 473

Accommodation and recreational facilities 194 3

Food and catering 193 4

Hours of work and hours of rest 30 1

Conditions of employment (general) 30

Wages 27 2

Recruitment and Placement 19

Seafarers employment agreements 18 4

“Other”

Health Protection, medical care, welfare and social security protection (general) 13

MLC Certification 12

Accommodation, recreational facilities and catering (general) 11

On board complaint procedures 6

Medical care on board ship and ashore 6

Minimum requirements for seafarers to work on a ship (General) 4

Medical Certificate 1

Training and qualifications 1

Total 1038 14

Port State control activity (percentages)

0.0 5.0 10.0 15.0 20.0 25.0 30.0 35.0 40.0 45.0 50.0

Health and safety protection and accident prevention

Accommodation and recreational facilities

Food and catering

Hours of work and hours of rest

Conditions of employment (general)

Wages

Recruitment and Placement

Seafarers employment agreements

Other

% Detentions

% Deficiencies

MLC Complaints systems (on board and on shore)

• MLC/MO 11 requires vessels to have an on board

complaints system

• Encourage use of on board complaints system and

resolution of issues at the shipboard/company level

• Complaints regarding living and working conditions no

vessels may also be made to AMSA

• http://www.amsa.gov.au/international/mlc/complaints/index.asp

On shore complaints

MLC Regulation Aug-13 Sep-13 Oct-13 Nov-13 Dec-13 Jan-14 Feb-14 Mar-14 Apr-14 May-14 Total

2.1 - SEA's 2 2 3 2 3 2 14

2.2 - Wages 2 2 1 2 5 3 1 7 7 3 33

2.3 - Hrs work and rest 1 2 3 1 1 2 10

2.4 - Leave 1 1 2

2.5 - Repatriation 1 1 1 3 2 1 1 10

2.7 - Manning levels 1 1 2

3.1 - Accom and Rec 3 1 1 1 6

3.2 - Food and catering 1 3 1 3 4 4 3 19

4.1 - Medical care 1 1 1 1 4

4.3 - Health & Safety 1 1 2 2 1 7

4.4 - Access to welfare 1 1 2

5.1.3 - Certification 1 1 2

Other - MLC 4 1 3 8

Other - non 1 1 2

Total 6 14 5 14 9 14 12 13 21 13 121

On shore complaints - outcomes

Review of Marine Order 11

• MO 11 (Living and working conditions

on vessels) 2013 under review

• Anticipate external consultation will

be in August 2014

Questions?

Email: LabourConventions@amsa.gov.au