Consultation—Draft amendment to Marine Order 11—living and working conditions on vessels

This marine order and proposed amendments apply to regulated Australian vessels and foreign vessels.

Key changes 

1. Implementing the 2018 MLC amendments to ensure:
   • Seafarers’ employment agreements continue to have effect while a seafarer is captive due to acts of piracy or armed robbery against ships.
   • Wages and other entitlements continue for the period of captivity.
   • Entitlement to repatriation does not lapse due to captivity. 
2. Definitions of armed robbery against ships and acts of piracy are included in section 4.
3. Inclusion of subsections 27(7) and (8) to ensure compliance with the seafarer wage requirements, even if the seafarer is in captivity due to piracy or armed robbery including—if the work agreement has expired.
4. Inclusion of paragraph 31(1)(g) and amendment to subsection 34(2) to ensure compliance with the seafarer repatriation requirements, even if the seafarer was in captivity due to piracy or armed robbery.
5. Inclusion of paragraph 15 and amendment to paragraph 16 of schedule 3 to ensure the work agreement includes the seafarer’s entitlements if the seafarer is in captivity due to piracy or armed robbery.

Why we are making amendments

On 5 June 2018, the International Labour Organization approved amendments to the MLC, 2006 relating to the protection of seafarers’ wages and entitlements while they are held captive on or off the ship as a result of acts of piracy or armed robbery against ships. 

We are now proposing to implement these amendments through Marine Order 11. 

Submissions closed at 11.59pm AEST Sunday 14 March 2021.

Background

The intent of the marine order is to give effect to the MLC, setting out the requirements for: 

• seafarers working on vessels 
• conditions of employment
• accommodation, food and catering; health protection, medical care, welfare and social security protection
• noise levels on board vessels, and additional requirements for living
• working conditions on regulated Australian vessels.

Next steps

Following consultation, we anticipate Marine Order 11 (Living and working conditions on vessels) Amendment Order 2021 to come into effect on 1 June 2021.

We will provide guidance material on our website to assist vessel operators, shipping cargo industry bodies, training organizations, seafarer representative organizations and government agencies in understanding amendments to Marine order 11 (Living and working conditions on vessels), made under the Navigation Act 2012.

Resources

• Draft amendment (PDF 299.04 KB) [1]
• Change summary [2]
• Marine order 11—Living and working conditions on vessels [3]