Placing of Seamen Convention, 1920 (No. 9) - New Zealand (Ratification: 1938)

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 4(1) of the Convention. Organization and maintenance of an efficient and adequate system of public employment offices. The Committee notes the Government’s report, which includes observations made by the New Zealand Council of Trade Unions (NZCTU) and Business New Zealand, as well as the Government’s response to these observations. Further to its previous comments made in 2005, the NZCTU reiterates its view for the need of establishing a register of seafarers available for work. Although the trade unions provide an ad hoc registration service for seafarers seeking work, it does not capture all eligible seafarers nor do all shipowners contact the unions. Moreover, as not all seafarers register with the Government for unemployment benefits, they may not be listed on a Government beneficiary register for unemployed jobseekers. The NZCTU does not appear to consider the public general employment agency “Work and Income” as an alternative to the proposed register, as this agency neither contains a specific branch for registering seafarers, nor has active engagement with shipowners seeking seafarers for employment. However, the NZCTU would encourage seafarers to register with the Government as jobseekers if there was a service matching them with employer vacancies.

In its response to the observations of the NZCTU, the Government draws attention to the general services provided by the Ministry of Social Development through “Work and Income”. The agency provides for a wide range of skills assessment, job search, matching, upskilling programmes, training and mentoring programmes. In addition, persons applying for an unemployment benefit have access to the Job Search Service, including seminars and other job search activities. With regard to placement of seafarers in particular, the Government refers to the relationship agreement concluded between Work and Income and the New Zealand Shipping Federation in November 2008. The agreement initiated an industry partnership with Interislander for the purpose of helping the company meet its seasonal recruitment needs.

For its part, Business New Zealand considers that seafarers and shipowners may in fact use the services of “Work and Income” but finds that the informal service operated by the Maritime Union mainly in the offshore oilfield industry gives preference to union members and therefore makes it difficult for non-union members to obtain work.

The Committee recalls that, under Article 4 of the Convention, each ratifying Member undertakes to maintain an efficient and adequate system of public employment offices for finding employment for seafarers without charge. Such a system may be organized by the Government itself in the absence of a joint action by shipowners’ and seafarers’ organizations, which appears to be the case in New Zealand. In this regard, the Committee notes the wide range of services offered by Work and Income to persons in search of employment. Noting the Government’s indication that employment offices are not administered by persons having practical maritime experience and that no advisory committees are established to oversee these offices, the Committee requests the Government to consider appropriate measures in order to bring national law and practice into closer conformity with the requirements of the Convention, especially by ensuring better coordination of recruitment and placement services for seafarers and full association of shipowners’ and seafarers’ organizations with the design and delivery of such services.

Article 10. Employment information. The Committee notes the statistical information regarding the number of seafarers seeking employment as of April 2010. The Committee requests the Government to continue to supply up-to-date information on seafarers’ unemployment and the operation of employment agencies, as required under this Article of the Convention.

Finally, the Committee notes the Government’s statement that the ratification of the Recruitment and Placement of Seafarers Convention, 1996 (No. 179), is a low priority in light of the consolidated Maritime Labour Convention, 2006 (MLC, 2006). The Committee recalls that the MLC, 2006, revises both Conventions Nos 9 and 179, as well as 66 other international maritime labour instruments. It also wishes to highlight that, contrary to Convention No. 9, which is now considered to be an outdated instrument (see GB.283/LILS/WP/PRS/1/2, paragraph 12), Standard A1.4(2) of the MLC, 2006, allows for the operation of private recruitment and placement services subject to a standardized system of licensing or certification or other form of regulation to be established after consultations with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to keep the Office informed of any progress made in the process of ratification and effective implementation of the MLC, 2006.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report for the period ending 1 May 2005, which includes observations made by the New Zealand Council of Trade Unions (NZCTU) as well as the Government’s response to these observations.

Article 4, paragraph 1, of the Convention. Organization and maintenance of efficient and adequate systems of public employment offices. With reference to earlier NZCTU observations that the relevant maritime union has not been made aware of the office space available to seafarers through the competent authority, the Committee notes the Government’s statement that it will ensure that information on services provided for the placement of seafarers is communicated to workers’ organizations. The Government further indicates that the district office staff of Maritime New Zealand (as the Maritime Safety Authority has been renamed) undertakes to record the names of all persons seeking employment and pass them on to prospective employers. In this respect, the NZCTU states that, in practice, the maritime unions are not aware of the possibility of seamen using such a service nor MSA office space, as the information has not been communicated to their national offices. The NZCTU feels that the availability of such a service would be of great assistance to seafarers, if it could be electronically accessed at different ports and employers were made aware of it.

The NZCTU further maintains that the government policy does not encourage continuity of employment for seafarers as required under Convention No. 145, since the Government no longer maintains a register of seafarers available for work. This has led to a situation where some employers approach the union for crew, but others employ directly and go straight to Maritime New Zealand for validation of qualifications, thus bypassing unemployed qualified seafarers who live across the country. The NZCTU considers it important that a register of available seafarers with all statistical information concerning unemployment of seafarers be established. It holds that this is a government responsibility but that it would be willing to support government work with such a register.

The NZCTU therefore believes that the use of office space for seafarers and assistance from the district office staff of Maritime New Zealand to maintain a register would be very helpful, and recommends that the Government take responsibility for re-establishing the register of seafarers available for employment to implement Conventions Nos. 9 and 145, and facilitating further communication between the competent authority and the maritime unions to this end. The Government claims that the establishment and maintenance of a seafarer register database would go beyond the scope of existing functions and resourcing, and it is not clear that there is a specific need for such measures.

The Committee recalls the provisions of Article 4, paragraph 1, according to which each Member which ratifies the Convention agrees that there shall be organized and maintained an efficient and adequate system of public employment offices for finding employment for seafarers without charge. Such system may be organised and maintained, either by representative associations of shipowners and seamen jointly under the control of a central authority, or, in the absence of such joint action, by the State itself. The Committee notes that there are no seafarer recruitment and placement agencies in New Zealand. In practice, maritime unions are not aware of the services provided by the competent authority for the placement of seafarers (e.g. use of Maritime New Zealand’s office space, recording the names of persons seeking employment and passing them on to prospective employers). The Committee trusts that appropriate measures will be taken by the Government to ensure the placement of seafarers in accordance with the requirements of the Convention. The Government may wish to consider implementing the Convention by arranging for the organization and maintenance of seafarers’ employment offices by representative associations of shipowners and seafarers jointly under the control of a central authority, in accordance with paragraph 1(a) of this Article. In particular, the Committee requests the Government to take all necessary measures, in the near future, to ensure that detailed information on the facilities and services offered by the competent authority for the placement of seafarers is communicated to all parties concerned, i.e. associations of shipowners and seafarers, as well as generally publicized among seafarers and employers. Please also indicate the measures taken to ensure coordination at national level (Article 4, paragraph 3).

Article 10, paragraph 1. Information concerning unemployment among seamen and concerning the work of seamen’s employment agencies. The Government has supplied a summary table of the number of individuals (44) on the national unemployment register seeking work in seafarer-related occupations as at 31 March 2005, in response to the Committee’s comment under Article 10, paragraph 1. The Government claims that it has a limited ability to report valid statistical data on unemployment amongst seafarers, as there are no special and exclusive statistics for the category of seafarers, and the national standard classification of occupation does not contain a specific code for seafarers. While the establishment of a register of seafarers available for employment is not explicitly required under the Convention, the Committee is bound to emphasize that specific data on the placement and unemployment of seafarers contribute to ensuring that full effect be given to the provisions of the Convention. The Committee trusts that the Government will endeavour to supply the statistics, or other information, required under this Article of the Convention.

Furthermore, as regards the Governing Body’s invitation of States that have ratified Convention No. 9 to consider the possibility of ratifying the Recruitment and Placement of Seafarers Convention, 1996 (No. 179), the Government indicates that it is the practice to allow the tripartite partners to put forward suggestions for possible ratifications that are then prioritized based on consultations and available resources. To date, Convention No. 179 has not been suggested and would have low priority in light of the new Maritime Labour Convention, 2006. The Committee would appreciate being kept informed on any new developments in this respect.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report for the period ending 31 May 2002 which includes observations made by the New Zealand Council of Trade Unions (NZCTU) and Business NZ. The Government states that section 27 of the Maritime Transport Act, 1994, complies with the terms of the Convention. The Maritime Safety Authority (MSA) continues to provide office space when needed for the engagement of seafarers at any of the port offices of the MSA, but in practice this is not utilized. The NZCTU states that it has been informed by the relevant union that seafarers are not made aware of these services and the MSA does nothing to advise them of such a service. It also appears that the Ministry of Transport has not played an active role in protecting seafarers’ employment. In this respect, the Committee refers to Article 10, paragraph 1, of the Convention and asks the Government to communicate available information, statistical or otherwise, concerning unemployment among seamen and concerning the work of its seafarers’ employment agencies.

The Committee recalls that the Governing Body has invited States that have ratified Convention No. 9 to consider the possibility of ratifying the Recruitment and Placement of Seafarers Convention, 1996 (No. 179), which would result in the automatic denunciation of Convention No. 9 (see paragraphs 47-51 of document GB.273/LILS/4(Rev.1), November 1998). The Committee would be grateful if the Government would provide information in its next report on consultations which have been held on this matter.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the Government's report.

The Committee notes that in 1994 the Maritime Transport Act was adopted, repealing and replacing the Shipping and Seaman Act, 1952 and that in 1996 the Fisheries Act was adopted to exclude fishers from the definition of seafarers for the purpose of section 27 of the 1994 Act. The Government is asked to provide copies of these Acts so that the Committee can ascertain their scope having regard to the relevant provisions of the Convention.