Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention du travail maritime, 2006 (MLC, 2006) - Australie (Ratification: 2011)

The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It notes that the amendments to the Code of the Convention approved by the International Labour Conference in 2016 and 2018 entered into force for Australia on 8 January 2019 and 26 December 2020, respectively, and those approved in 2022 will enter into force for Australia on 23 December 2024.

The Committee notes that Marine Order 11 (Living and working conditions on vessels) 2024 (hereafter, Marine Order 11/2024), which repeals Marine Order 11 (Living and working conditions on vessels) 2015, was adopted on 12 November 2024. The Committee notes with satisfaction that Marine Order 11/2024 addresses some of the points previously raised by the Committee, as indicated below.

Article II, paragraphs 1(i), 4 to 7. Definitions and scope of application. Ships. National determination. 1. Sheltered waters. The Committee notes that, in reply to its previous comments, the Government indicates that waters “closely adjacent to sheltered waters” are defined as those up to 25 nautical miles (nm) offshore, or “where the authority reasonably determines”. Based on this, vessels operating only in C waters (which are generally waters up to 30nm from the baseline of mainland Australia, Tasmania and recognised islands), D and/or E waters (sheltered waters), are not subject to the Convention. The Committee also notes that Marine Order 11/2024 defines “waters closely adjacent to sheltered waters” as: “(a) waters from the baseline to nm; or (b) waters that are tidal and on the landward side of the baseline”. The Committee requests the Government to supply statistical data on ships excluded from the scope of the Convention as a result of this definition.

2. Ships under 200 gross tonnage. The Committee notes the Government’s indication that Domestic commercial vessels (DCVs) in class 1A, 1B extended, 1B, 2A, 2B extended and 2B (i.e. passenger and vessels engaged in unlimited domestic operations, extended offshore operations and offshore operations) of less than 200 gross tonnage (GT) are excluded from the scope of the Convention. The Committee recalls that the flexibility provided for in Article II, paragraph 6, for ships under 200 GT only concerns “certain details of the Code”, namely Standards and Guidelines, and it only applies “to the extent that the subject matter is dealt with differently by national laws or regulations or collective bargaining agreements or other measures”. The Committee requests the Government to adopt the necessary measures to ensure full conformity with the provisions of Article II, paragraph 6, by ensuring that any flexibility applied to ships under 200 gross tonnage ordinarily engaged in commercial activities in domestic voyages and navigating in areas which are not excluded from the scope of the Convention, only relates to “certain details of the Code” and not to the Articles and Regulations. It also requests the Government to provide information on the alternative national provisions that apply to this category of ships for each Standard of the MLC, 2006, which is not applicable to them.

3. In scope DCVs. The Committee notes the Government’s information that the total number of in-scope DCVs to which the Convention applies is 228 or less than one per cent of all DCVs. The Committee further notes the Government’s indication that, while it does not apply the Convention to in-scope DCVs directly, domestic laws contain obligations similar to those under Regulation 3.1. The Government further explains that it is amending the domestic requirements to ensure that all new in-scope DCVs comply with the requirements of Regulation 3.1. The Committee notes that Marine Order 11/2024 only covers regulated Australian vessels (section 6(1)(a)). The Committee requests the Government to take the necessary measures to ensure that the national legislation gives full effect to all the requirements of the Convention, and not only those of Regulation 3.1, with respect to all ships under its scope.

4. Australian International Shipping Register. Noting the Government’s indication that there are currently two vessels registered in Australian International Shipping Register, the Committee requests it to indicate the provisions which implement the requirements of the Convention with respect to those ships.

Regulation 1.4 and Standard A1.4, paragraph 5(c)(vi). Recruitment and placement. System of protection. The Committee notes that, following-up to its previous comments, Marine Order 11/2024 provides that the system of protection under Standard A1.4, paragraph 5(c)(vi) covers the monetary loss caused by the failure of the shipowner to meet her/his obligations under a work agreement (Schedule I, (g), iv), B)). The Committee takes note of this information, which addresses its previous request.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and Standard A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. Following its previous comments, the Committee notes that Marine Order 11/2024 implements the 2018 amendments to the Code of the Convention. The Committee notes, however that: (i) the definition of the term “act of armed robbery against ships” under section 4 of the Marine Order is narrower than that provided by Standard A2.1, paragraph 7(b), as the latter also includes “any act of inciting or of intentionally facilitating” such acts; and (ii) the same Order does not explicitly provide that the seafarer’s employment agreement shall continue to have effect during the seafarer’s captivity as a result of acts of piracy or armed robbery against ships (Standard A2.1, paragraph 7). The Committee requests the Government to take the necessary measures to give full effect to Standard A2.1, paragraph 7.

Regulation 2.2 and Standard A2.2, paragraph 5. Wages. Allotments. The Committee notes that, in reply to its previous comments, the Government indicates that section 27, paragraph 4(a), of Marine Order 11 (corresponding to the same section of Marine Order 11/2024) foresees that if a proportion of the seafarer’s earnings are sent by bank transfer or similar means, the rate of any currency exchange must be the exchange rate published by the Reserve Bank of Australia for the day the transfer occurs. The Committee takes note of this information, which addresses its previous request.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes that, following-up to its previous comments, section 76 of Marine Order 11/2024 implements the 2014 amendments to the Code of the Convention. Recalling that under Standard A2.5.2, paragraph 6, the requirement of evidence of financial security applies to ships to be certified, the Committee requests the Government to indicate how the requirements of the Standard are applied with respect to ships for which certification is not compulsory.It also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.6 and Standard A2.6, paragraph 1. Compensation for the ship’s loss or foundering. Unemployment indemnity. The Committee notes the Government’s answer to its previous comments regarding the inclusion of the requirements set out in Standard A2.6, paragraph 1, in any registered collective agreement applicable to ships in the Australian International Shipping Register. It also notes that, according to section 15F(3)(b) of the Shipping Registration Act 1981, the Registrar must refuse to register the ship in the Australian International Shipping Register if she/he is satisfied that a collective agreement has not been made between the shipowner and the ship’s seafarers’ bargaining unit. In this context, the Government adds that the Australian Maritime Safety Authority (AMSA) reviews these collective agreements to ensure compliance with the Convention, including the requirements set out in Standard A2.6, paragraph 1. Moreover, the collective agreements of the vessels mentioned above incorporate the requirements of Standard A2.6 through redundancy payments similar to those contained in section 119 of the Fair Work Act 2009. The Committee requests the Government to provide copy of such collective agreements.

Regulation 4.1, paragraph 3. Medical care on board ship and ashore. Access to on shore medical facilities for seafarers on board foreign ships. The Committee notes that, in reply to its previous comments, the Government indicates that there are no impediments in the Australian law or practice for seafarers, including Australian residents and non-residents, to access medical facilities on shore. It further notes the search and rescue measures mentioned by the Government, which contribute to ensuring that seafarers on board ships voyaging in Australian waters or visiting Australian ports are given access to medical facilities on shore when in need of immediate medical or dental care. The Government specifies that there are no restrictions on foreign seafarers’ access to medical care in Australia. However, in general, they will be treated as private patients with costs to be covered by the owner. The Committee takes note of this information, which addresses its previous request.

Regulation 4.2 and Standards A4.2.1, paragraphs 8-14, and A4.2.2. Shipowners’ liability. Financial security. The Committee notes that, following-up to its previous comments, section 76 of Marine Order 11/2024 regulates financial security for abandonment and death or long-term disability of a seafarer as a result of occupational injury, illness or hazard. The Committeerequests the Government to indicate how it implements Standard A4.2.1, paragraph 9. It also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. The Committee notes that, in reply to its previous comments as to inclusion of concise information on the main content of the national requirements into the DMLC, Part I, the Government indicates that it will further consider incorporating such additions into the DMLC, Part I. The Committee requests the Government to supply copy of the DMLC, part I, as soon as it has been revised.