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Marine notice 04/2020—Summary of statistics

The following statistics relate to the complaints received by AMSA since we issued Marine notice 04/2020.

We issued Marine notice 04/2020—Maximum period of shipboard service for seafarers during COVID-19 pandemic, on 26 June 2020.  

Since the notice was issued, we have received many Maritime Labour Convention complaints relating to the main themes in the notice.

These are:

  1. Seafarers serving at sea with expired Seafarer Employment Agreements(SEAs),
  2. No plans for the repatriation of seafarers after their employment agreements expire, and
  3. The amount of time spent onboard by a seafarer being in excess of 11 months.

Update: 6 August 2020

Information

Number

Notes

Total number of complaints received 62 57 of these have been investigated and resolved to AMSA’s satisfaction.
5 are under investigation and awaiting the ships arrival in Australia. Inspections have been scheduled for these vessels.

Nature of Complaints: 

MN04/2020 complaints relate to SEA’s, repatriation, and time on board. Some complaints include just one element, and some include all three. The following provides an indication of how many complaints related to:

Expired Seafarer Employment Agreements 48 77% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements.
Repatriation plans 55 88% of complaints referenced a lack of repatriation plan for one or more seafarers.

More than 11 months onboard*

(One or more seafarers)

50
26% at least 11 months or more on board
18% at least 12 months or more on board
18% at least 13 months or more on board
22% at least 14 months or more on board
16% at least 15 months or more on board

*This data refers to the number of complaints where one or more seafarers had been on board for more than 11 months without leave/repatriation.

Summary

We are investigating every MLC complaint received. For some complaints, the ship has not arrived in Australia or is not coming to Australia.

For ships that are not coming to Australia, we refer the complaint to the ship’s flag State Administration, and where possible, the port State Administration for its next destination.

For ships that have not arrived in Australia, we schedule an inspection for when it arrives. We may also contact the shipowner, master or agent via email to resolve the complaint. Where serious concerns are found, we will issue deficiencies and detain the ship.

Detentions and deficiencies

Since we issued Marine notice 04/2020, on 26 June 2020, we have identified the below deficiencies and detentions that are related to the marine notice.

The below statistics are valid for the period 26 – 05 August 2020.

Information

Number

Notes

Total number of port State control (PSC) inspections conducted 311 -
Total number of deficiencies issued that relate to MN04/2020

90

(to 56 ships)

Of the 90 deficiencies:
  • 65 deficiencies were issued requiring rectification before the ships departure (AMSA has received information that these deficiencies have been addressed).
  • 25 deficiencies required rectification at a specific port in accordance with an agreed plan, or within 14 days.
Six of these ships were detained (see below for more info).
MN04/2020 linked detentions 6

Since the release of Marine Notice 04/2020, six ships have been detained because of MLC related deficiencies. Three of these were directly related to the issues identified in the Marine Notice.

SKS Doyles - The Norwegian flagged oil tanker was detained because 11 seafarers were found to have expired employment agreements. Five seafarers were found to have extended employment agreements with no evidence of flag State agreement of these extensions. The ship was also detained for the failure to maintain the vessel in accordance with mandatory regulations (MLC).

Grand Venture – The Panama flagged bulk carrier was detained for failing to provide decent working and living conditions required under Article IV of the MLC. Part of this failure was that there was no plan in place for the repatriation of seafarers.

Agia Sofia - The Liberian flagged bulk carrier was detained due to systemic underpayment of seafarers, with $45,000 AUD owed to the seafarers onboard. Due to the systemic nature of the underpayment, the ship was directed to not enter or use an Australian port for six months (banned). Read the media release for the banning of this ship.

TW Hamburg – The Liberian flagged bulk carrier was detained due to the ship failing to provide decent working and living conditions required under Article IV of the MLC. This included systemic underpayment of seafarers, failure to provide sufficient quantity and quality of food and attempts to coerce seafarers to withdraw their complaints. Due to the systemic nature of the underpayment, the ship was directed to not enter or use an Australian port for 12 months (banned). Read the media release for the banning of this ship

Interlink Fortuity The Marshall Islands flagged bulk carrier was detained for minor underpayment of wages for several seafarers. Complaints relating to this ship had been received by AMSA, which prompted AMSA to inspect this ship.

Unison Jasper The Hong Kong-flagged bulk carrier was detained in Newcastle on 30 July 2020 for breaches of the Maritime Labour Convention. The Australian Maritime Safety Authority (AMSA) is continuing investigations into the seriousness and repeated nature of these breaches. On Friday 31 July 2020, 11 crew members were landed ashore and transferred to Sydney for quarantine while they await repatriation to their home country. The ship has shifted to a layup berth as replacement crew are organised by the ship’s operator. The ship will not be permitted to leave Newcastle until the minimum safe manning standards can be met to the satisfaction of AMSA and the ship’s flag state.

Last updated: 

Thursday 6 August 2020