Purpose of this report

The Australian Maritime Safety Authority (AMSA) is pleased to present the 2021 Australian Maritime Labour Convention, 2006 (MLC) annual report. This report presents an analysis of MLC complaints, compliance and follow-up actions undertaken by AMSA in Australia for 2021.

Similar to 2020, 2021 continued to be a challenging year for seafarers due to the ongoing COVID-19 pandemic. AMSA continues to take a pragmatic approach to MLC compliance in accordance with all Tokyo MOU port State control (PSC) administrations.

This report aims to present findings on key MLC data in Australian waters.

Application of the MLC

The MLC applies to all commercial vessels whether publicly or privately owned. It does not apply to fishing vessels, vessels of traditional build (such as dhows and junks), warships or naval auxiliaries or vessels not ordinarily engaged in commercial activities.

A list of the 101 member states that have ratified the convention after 20 August 2013 is available on the International Labour Organisation (ILO) website.

Australia's obligation under the MLC

In Australia, the MLC is implemented primarily through the Navigation Act 2012¹ and associated delegated legislation such as Marine Order 11 (Living and working conditions on vessels) 2015.

AMSA verifies compliance with the MLC by:

• Responding to all MLC complaints from seafarers engaged on vessels in, or coming into, Australian ports.
• Conducting port and flag State control inspections of vessels coming into Australian ports.
• Requiring registered Australian vessels to be certified in accordance with the MLC, as given effect by Marine Order 11 (Living and working conditions on vessels) 2015.
• Taking a leading role in supporting seafarer welfare through the Australian Seafarers’ Welfare Council.

The Australian Seafarers' Welfare Council

The MLC requires signatory countries to establish welfare boards at the port, regional and national level to support seafarer welfare. In Australia, the Australian Seafarers’ Welfare Council (ASWC) was established to ensure there is a continuous national approach in the provision of welfare services.

ASWC aims to promote seafarer welfare issues and the services available in Australian ports to support and protect seafarers.

The ASWC meets on a quarterly basis and AMSA plays a leadership (chairperson and secretariat) role in the work that ASWC aims to achieve, namely to:

• Provide leadership in the implementation of Australia’s obligations to seafarers under the MLC
• Assist in the establishment of a national network of seafarer support arrangements
• Promote, encourage and support the delivery of seafarer welfare services at Australian ports

These aims are encompassed by ASWC’s strategic goals listed in Table 1 below.

Table 1 — Progress against the ASWC strategic goals for 2021

Seafarer welfare campaigns and research

There is emerging evidence that seafarers have experienced high levels of psychological distress, depression, and anxiety during the COVID-19 pandemic2 3. In addition, recent research identified that the impact of the COVID-19 pandemic has exacerbated some of the pre-existing challenges, while also posing new challenges for the maritime industry4 5.

The work of seafarers during the COVID-19 pandemic has been critical to ensure the global supply chain continues to operate unhindered. But this has not been without challenges, with seafarers' work and life onboard, impacted.

The COVID-19 pandemic remains an ongoing health crisis with focus now diverted to ensure seafarers worldwide are fully vaccinated. AMSA has continued its support for seafarers, focusing on mental health at sea by publishing and sharing resources on our website. This can be accessed at Mental health guidance for seafarers during COVID-19 (amsa.gov.au).

AMSA also conducted research and ran campaigns focusing on mental health at sea.

In 2021 AMSA was involved in a joint international study examining the effects of COVID-19 on seafarers with a report and papers6 7 published on the findings of this survey - ‘Seafarers’ experiences during the COVID-19 pandemic.’ The study identified that the pandemic contributed to significantly higher levels of depression and anxiety in the maritime industry. This is concerning as seafarers were already identified to be at a higher risk for mental health problems.

Webinar — Understanding the effects of COVID-19 on seafarers

The COVID-19 pandemic presented many challenges to seafarers that impacted occupational safety and health. This prompted researchers around the world to assess the impact of the pandemic on the wellbeing of seafarers. AMSA brought these researchers together in a webinar, which was well attended with over 60 participants.

Four panels of researchers and professionals in this field contributed to the discussion which included:

• the impact of COVID-19 on the wellbeing of international seafarers. Over 700 seafarers responded. One of the key findings is the importance of connectivity to their families as well as institutional support. Read the finalised report.
• preliminary analysis of their longitudinal survey of UK seafarers. This highlighted that the impact of COVID-19 was found to be unequally felt by seafarers depending on their employment terms and conditions.
• results from 752 international seafarers who stayed either onboard or at home in early 2020 (March-May). The study reveals that prolonged periods on board and at home represent serious threats to seafarers’ social, mental, physical and economic wellbeing.
• information on the impact that COVID-19 had on seafarers from the mental health specialists that are counselling seafarers on arrival in Australia. Hunterlink delivers mental health and wellbeing support to any international seafarer who arrives in an Australian port.

Wellness at sea campaign

The Wellness at sea campaign was delivered by AMSA in partnership with the Sailors’ Society and ran between June and December 2021. The campaign provided a range of digital resources (from podcasts to videos) available through a dedicated AMSA campaign website to support the health and wellbeing of seafarers, their families, and shore staff.  The content developed for this campaign can be accessed at https://www.amsa.gov.au/wellness-sea/wellness-sea.

The campaign was well received with high reach achieved through content, generating nearly three million impressions across organic and paid (Facebook) social media channels, and Google ads. This generated over 9,500 visitors to AMSA’s website to view and download resources. Most website traffic came from Australia (50%), followed by India (15.5%), the US (2.2%), Egypt (1.85%), Indonesia (1.58%) and the Philippines (1.4%).

Footnotes

¹ The requirements of the MLC are met through various legislative instruments not limited to the Navigation Act.

² Baygi, F., Khonsari, N. M., Agoushi, et al., (2021). Prevalence and associated factors of psychosocial distress among seafarers during the COVID-19 pandemic. BMC Psychiatry, 21, 222. https://doi.org/10.1186/s12888-021-03197-z

³ Qin, W., Li, L., Zhu, D., Ju, C., Bi, P., & Li, S. (2021). Prevalence and risk factors of depression symptoms among Chinese seafarers during the COVID-19 pandemic: A cross-sectional study. BMJ Open, 11, e048660. https://doi.org/10.1136/bmjopen-2021-048660

⁴ Pauksztat, B., Andrei, D. M., & Grech, M. R., (2021). Effects of the COVID-19 pandemic on the mental health of seafarers: A comparison using matched samples. Safety Science 146 (2022) 105542

⁵ Shan, D. (2021). Occupational health and safety challenges for maritime key workers in the global COVID-19 pandemic. International Labour Review.  https://doi.org/10.1111/ilr.12220

⁶ Pauksztat, B., Grech, M. R., and Momoko, K. (2022) The impact of the COVID-19 pandemic on seafarers’ mental health and chronic fatigue: Beneficial effects of onboard peer support, external support and Internet access. Marine Policy, Volume 137, March 2022, 104942

⁷ Paukztat, B., Andrei, D. M. and Grech M. R., Effects of the COVID-19 pandemic on the mental health of seafarers: A comparison using matched samples. Safety Science, Volume 146, February 2022, 105542

MLC complaints data: 2017-2021

MLC complaints received

The MLC requires all vessels to have an onboard complaints procedure that provides seafarers with the opportunity to make complaints without concern or repercussion. The MLC also has provisions which gives rights to seafarers to make a complaint to the relevant flag or port State authorities when they believe that their living and/or working conditions on board are below standard.

In 2021, AMSA received 280 complaints⁸. AMSA received a higher number of complaints in 2020, which was double the number received in 2019. These complaints directly related to the consequences of the COVID-19 pandemic. However there has been a drop in complaints in 2021, as the industry and operators gradually adjusted to the pandemic, but it remains high in comparison to pre-COVID times.

AMSA received and processed a total of 1460 complaints since the implementation of the MLC (August 2013).

When complaints are received by AMSA, all necessary actions are taken to ensure the confidentiality of the complainant. Where appropriate, AMSA encourages resolution of complaints at shipboard level. If a complaint can’t be resolved, AMSA will investigate and can issue deficiencies and detain vessels. AMSA has also banned vessels from Australian ports for serious offences related to non-compliance with the MLC.

Follow up investigations of MLC complaints resulted in 52 vessels being issued with MLC-related deficiencies, seven of which were detained⁹. This represents a drop of 34 per cent in deficiencies issued and 56 per cent fewer vessel detentions compared to 2020.

In 2021, 68.9 per cent of complaints received were from seafarers engaged on bulk carriers. This remains consistent over the past five years.

Table 2 Breakdown of complaints by vessel type 2017-2021

Figure 4 shows a breakdown of 2021 complaints received by the Australian state or territory in which the vessel arrived. Western Australia (38.3 per cent) and Queensland (23.9 per cent) represent the highest number of complaints - noting also that Western Australia represents the majority (34.1 per cent) of vessel arrivals in Australia. 

Complaints received by MLC titles

The main body of the MLC (the regulations and the code) is grouped into five main titles with data coded accordingly.

Title 1 – Minimum requirements for seafarers to work on vessels

Title 2 – Conditions of employment

Title 3 – Accommodation, recreational facilities, food and catering

Title 4 – Health Protection, medical care, welfare, and social security protection (including bullying and harassment)

Title 5 – Compliance and enforcement

The majority (60 per cent) of complaints were related to Title 2 of the MLC - Conditions of employment. This includes seafarer employment agreements, wages, hours of work and rest, entitlement to leave, repatriation, seafarer compensation, crewing levels and career development. Repatriation complaints resulting from the COVID-19 restrictions are captured under this title.

Title 2 has consistently had the highest number of complaints since 2017. There was a 26 per cent increase in Title 4 complaints from 2020 to 2021.

Table 3 MLC complaints breakdown by title 2017-2021

Conditions of employment (Title 2)

In 2021, there was a significant drop in Title 2 complaints in comparison with 2020. This is an indication that AMSA’s response to repatriation complaints is working.

Of Title 2 complaints, the highest number of complaints received related to repatriation and seafarer employment agreements (35.6 per cent and 28.5 per cent respectively). This is likely due to the ongoing challenges faced by seafarers during the COVID-19 pandemic regarding the time served onboard and the difficulties faced with repatriation. Wages have consistently made up the majority of complaints from 2017-2020 with the number of wage complaints remaining high in 2021.

AMSA's response to the COVID-19 pandemic repatriation challenges faced by seafarers

Under the MLC, the maximum period that a seafarer can serve aboard a vessel without leave is 11 months. Seafarers have shouldered a heavy burden during the COVID-19 pandemic to maintain global trade and keep our economies moving by delivering vital supplies. However, this has come at great personal cost to seafarers who have spent longer periods onboard ships than that prescribed by the regulations, unable to take shore leave due to mandatory quarantine requirements or border closures, separated from their friends and families. Sufficient time has now passed for operators to adjust to the COVID-19 world and develop new plans for seafarer repatriation and crew changes, so AMSA has reverted to enforcing maximum period on board as per Marine Notice 17/2016 Maximum period of shipboard service for seafarers.

Between July 2020 and December 2021, the number of complaints related to repatriation declined significantly, which is a clear indication that AMSA’s approach of getting seafarers home to their loved ones for respite, improved the welfare of those serving at sea.

Complaints follow-up

AMSA endeavours to investigate all MLC complaints—and has done so—except in cases where the vessel was out of area and has not arrived in Australia. In those situations, AMSA places alerts on the vessel to ensure the complaint is investigated when the vessel next arrives in Australia and may refer the complaint to the flag State of the vessel or port State of the vessel’s next arrival. In all cases we try to ensure the confidentiality of the complainant will be maintained.

Figure 8 provides a breakdown of follow up actions undertaken with 38.3 per cent of complaints unsubstantiated.

Figure 9 shows the distribution of complaints received from foreign flagged vessels by flag State for 2021 compared to the distribution of complaints when the number of port arrivals has been taken into consideration11.

The flag states in Figure 9 accounted for 94.5% of foreign flagged port arrivals and 88.6% of complaints received from foreign flagged vessels in 2021.

The number of complaints originating directly from seafarers has increased across the years, reaching 60 per cent in 2021.

Table 4 Source of complaints 2017-2021

This is likely an indication of the increased awareness of seafarers’ rights under the MLC and the knowledge that Australia takes seafarer welfare seriously. Seafarers are therefore more confident that their concerns are taken seriously and treated confidentially when in Australia.

AMSA has a zero-tolerance approach to breaches under the MLC. Since 2017, a total of 19 vessels have been issued a direction notice under the Navigation Act 2012 refusing them access to Australian ports. Of those 19 vessels, 15 (79%) were banned for serious breaches in relation to MLC for reasons that primarily include underpayment of wages and decent working and living conditions.

In 2021, three vessels were banned from Australian ports due to MLC breaches. The reasons for the bans range from underpayment of wages, poor working and living conditions, inadequate provisions, inadequate hours of work and rest and falsified records of work and rest. These were banned for a period of six to thirty-six months. An estimated total amount of AUD $175,000 in wages was recovered from vessels in 2021.

Footnotes

⁸ The 2021 data includes seven complaints received from seven Registered Australian Vessel (RAV). The complaints received were under MLC Title 2: Conditions of employment and MLC Title 4: Health protection, medical care, welfare, social security protection. All complaints were resolved with no deficiencies issued.

⁹ One vessel was detained during a follow-up inspection for deficiencies other than MLC.

¹⁰ In some cases more than one regulation has been detailed in a single complaint.

¹¹ Standardising the data provides a better reflection of the reporting rate of vessels from different flag states.

Serious injuries (2020-2021)

Figure 11 shows the number of serious injuries to seafarers reported to AMSA in 2020 and 2021.

In Figure 12 a further breakdown of this reporting shows the proportion of injuries reported that occurred on Australian-flagged vessels, as distinct from foreign-flagged vessels. It should be noted that Australian-flagged vessels report to AMSA regardless of their geographical location. Foreign-flagged vessels are only required to report injuries that occur onboard the vessel in Australian waters.

Fatalities (2017-2021)

AMSA categorises all deaths at sea as per the taxonomy¹³ below:

• Operational
• Illness/disease
• Person overboard (presumed deceased)
• Suicide
• Other

The total number of seafarer fatalities reported to AMSA 2017-2021 includes fatalities which occurred within the Australian Exclusive Economic Zone (EEZ)¹⁴ and fatalities which occurred outside of the Australian EEZ but were still reported to AMSA.

The increase in fatalities by illness/disease for 2020 and 2021 may have been exacerbated by the ongoing COVID-19 pandemic.

Although the data suggests the number of persons overboard reported to AMSA is particularly high (reported to AMSA including those outside the EEZ), it is difficult to ascertain whether this is a global trend due to the lack of data available. Consequently, AMSA submitted a proposal to mandate the requirement to report fatalities at sea at the 4^th meeting of the MLC Special Tripartite Committee (STC). The STC agreed to the proposal which is a significant positive outcome for the industry and the first time mandatory reporting will be collated by the International Labour Organization (ILO) on deaths from any sector in the world.

Footnotes

¹² AMSA classifies serious injuries to include injuries that require emergency treatment, in most cases leading to an emergency medivac from the vessel, and/or hospitalisation.

¹³ Refer to the glossary of this report.

¹⁴ The Exclusive Economic Zone (EEZ) is an area beyond and adjacent to the territorial sea. The outer limit of the exclusive economic zone cannot exceed 200M from the baseline from which the breadth of the territorial sea is measured. The Australian EEZ is defined in the Seas and Submerged Lands Act 1973.

2021 - Maryam (now known as Leya)

In February 2021 AMSA received notification from the Korean Register of Shipping that 11 seafarers were seeking support to be repatriated from the vessel Maryam. AMSA investigated the claim and found the ship to be unseaworthy. The ship had no electricity, no running water, no sanitary facilities and no ventilation – making conditions unbearable for seafarers onboard. This was in direct breach of the MLC and the vessel was detained on 19 February 2021.

On 28 May 2021 the onboard conditions were rectified and 10 of the original crew were finally repatriated home. The vessel was banned from Australian ports for 36 months – the longest ban ever issued by AMSA.

2021 - Western Callao

In September 2021 AMSA received a complaint regarding the underpayment of seafarers and repatriation issues. During the inspection, AMSA found evidence that employment agreements for 13 seafarers onboard had not been met, and the seafarers were collectively owed approximately AUD $40,000.

AMSA also found evidence the seafarers had been on board for over 12 months, despite ongoing commitments by the operator to repatriate them at the end of their original nine-month contracts.  The vessel was detained until the crew with outstanding contracts were repatriated and evidence was received that wages had been back-paid in full. The vessel was later banned from Australian ports for six months.

MLC data - Port State and flag State control

Port and flag State control (PSC and FSC) are conducted in accordance with the International Maritime Organization’s (IMO) requirements. Primarily, compliance activities may involve issuing deficiencies or a detention (a prohibition on the ship being allowed to depart the port).

Detentions, bans and associated public release of information, provide for an effective compliance tool to ensure corrective and timely action is undertaken by the vessel to continue to comply with regulatory requirements.

MLC compliance is one of the core elements of all PSC and FSC inspections. When investigating an MLC complaint, AMSA may conduct a follow-up inspection onboard. When a follow-up inspection confirms a MLC deficiency, the follow-up inspection becomes a PSC inspection.

In 2021, AMSA conducted a total of 
2820 PSC inspections resulting in 159 detentions. 
Nine of these detentions were directly related to breaches of the MLC.

Figure 16 shows the number of MLC deficiencies issued following PSC inspections. Following a decreasing trend in MLC deficiencies from 2016 to 2019, 2020 saw a spike in the number of MLC deficiencies. This is due to a marked increase in deficiencies relating to conditions of employment and seafarer employment agreements as a result of repatriation issues due to the COVID-19 pandemic. The ratio of deficiencies to inspections remained constant in 2021, reflecting a proportionate decrease in both the number of PSC inspections and MLC deficiencies.

The number of detentions has been stable for the past few years, except for a small drop in 2019 (Figure 17). In 2021, AMSA exercised flexibility and worked with industry in its dealings with MLC related deficiencies during the height of the COVID-19 pandemic. Flexibility and proactive work with industry, specifically around seafarer repatriation, prevented a significant surge in detainable deficiencies relating to MLC.

PSC deficiency data related to MLC issues

Figure 20 shows the number of PSC MLC deficiencies by MLC Title.
Regulation 4.3, dealing with health and safety protection and accident prevention, is the major deficiency item identified and is reflected in the number of Title 4 deficiencies below. While most complaints were related to Title 2 (conditions of employment, such as seafarer employment agreements and repatriation) (see Figure 6), PSC MLC deficiency data has identified that health and safety protection is the largest MLC deficiency item.
Title 1 – Minimum requirements for seafarers to work on vessels 
Title 2 – Conditions of employment 
Title 3 – Accommodation, recreational facilities, food and catering 
Title 4 – Health protection, medical care, welfare and social security protection (including bullying and harassment) 
Title 5 – Compliance and enforcement

FSC deficiency data related to MLC issues

In 2021, a total of 95 initial FSC inspections were carried out. 33 MLC deficiencies were issued across a total of 23 regulated Australian vessels (18 vessels with one deficiency, three vessels with two deficiencies and two vessels with more than two deficiencies).
Figure 21 shows a breakdown of MLC deficiencies by MLC Title issued during FSC inspections on regulated Australian vessels with Title 4 - Health Protection, medical care, welfare and social security protection (including bullying and harassment) representing the highest number.

2021 continued to be a challenging year for seafarers due to the COVID-19 pandemic. The pandemic remains an ongoing health crisis with focus now diverted to ensure seafarers worldwide are fully vaccinated. The total number of MLC complaints received in 2021 represents a 12.5 per cent decrease from those received in 2020, as the industry and operators gradually adjusted to the pandemic, but it remains high in comparison to pre-COVID times.

Sufficient time has now passed for operators to adjust to the COVID-19 world and develop new plans for seafarer repatriation and crew changes with AMSA reverting back to enforcing maximum period on board as per Marine Notice 17/2016 Maximum period of shipboard service for seafarers.

Every year AMSA undertakes a range of planned and responsive activities to keep people safe and to protect the marine environment which is outlined in the National Compliance Plan. As part of the 2022-2023 National Compliance Plan, AMSA will continue to do our part to ensure seafarers on vessels visiting Australian ports are being afforded the requirements under the MLC.

Australia will continue to play a leading role in ensuring seafarer welfare and that seafarers on vessels visiting our ports continue to be treated with the dignity they deserve.

Footnotes

¹⁵ Refer to the ILO list of occupational diseases (revised 2010), available at: http://www.ilo.org/safework/info/publications/WCMS_125137/lang--en/index.htm

¹⁶ Use of term injury rather than harm as this is consistent with ILO definition of occupational injury (which includes fatal injuries).