Purpose of this report
The Australian Maritime Safety Authority (AMSA) is pleased to present the 2023 Australian Maritime Labour Convention, 2006 (MLC) annual report.
This report aims to present findings on key MLC data in Australian waters. It presents an analysis of MLC complaints, compliance and follow-up actions undertaken by AMSA in Australia for 2023.
The information in this report will be used to inform the 2024-2025 National Compliance Plan. 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.
Application of the MLC
The MLC applies1 to all commercial vessels2 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 105 member states that have ratified the convention after 20 August 2013 is available on the International Labour Organization (ILO) website.
Australia’s obligation under the MLC
In Australia, the MLC is implemented primarily through the Navigation Act 20123 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 MLC complaints received 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 regulated 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.
AMSA continues to do its part to ensure seafarers on vessels visiting Australian ports are being afforded the requirements under the MLC.
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 Seafarer 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 three times a year and AMSA plays a leadership (chair 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 and progressed against these goals for 2023 as listed in Table 1 below.
Table 1 – Progress against the ASWC strategic goals for 2023
| Strategic Goals | What we will do | Activities for 2023 |
|---|---|---|
| Provide leadership in the implementation of Australia's obligations to seafarers under the MLC | Promote awareness for ASWC, its role and vision Maintain contact with, and membership of, the International Seafarers' Welfare Assistance Network (ISWAN) Promote awareness and supports seafarer welfare
| In 2023 AMSA re-issued a Marine Notice reminding companies, owners and masters to provide shore leave to seafarers visiting Australian ports as required under the MLC, 2006. The ASWC Chair presented at the Australian Coal Terminal Operators conference in October 2023, focusing on the challenges associated with the MLC along with an overview of the role of ASWC. AMSA published a safety bulletin on safe working conditions and practices on ships, highlighting that effective communication can improve the risk management process. AMSA published the 2022 Australian Maritime Labour Convention, 2006 (MLC) annual report. ASWC continues to maintain its membership with ISWAN. |
| Assist in the establishment of a national network of seafarer support arrangements | Encourage, support and guide the establishment of Port Welfare Committees (PWCs) Facilitate and promote a network of communication and cooperation between Port Welfare Committees. | In 2023 ASWC continued to facilitate and promote engagement between ASWC and PWCs. There are now 18 PWCs located in major ports around Australia. AMSA continues to organise and chair the ASWC meeting and the annual PWC Forum. |
| Promote, encourage, and support the delivery of seafarer welfare services at Australian ports | Identify seafarer needs and future welfare requirements in line with shipping and crew trends Promote the need for seafarers to be treated as valued and respected members of our port communities Assist in investigating ongoing funding opportunities that may assist in providing sustainable seafarer welfare services | A funding proposal for seafarer welfare services supported by ASWC and prepared by the seafarer welfare providers was forwarded to the Department of Infrastructure, Transport, Regional Development, Communications, and the Arts (DITRDC) for consideration. As part of ensuring a sustainable approach to shore-based seafarer welfare the DITRDC facilitated a Port Welfare Committee workshop in October 2023 with the PWC Chairs and ASWC members. The workshop provided an understanding of current service offerings at Australian ports and identified opportunities for improvement. A list of core services was identified with the primary services including the provision of internet in ports and transport access from ships to gate. The DITRDC is looking at other options to present that would ensure Australia's obligation on shore-based seafarer welfare under the MLC continue to be met. ASWC will continue to support PWCs to facilitate the delivery of these core services. AMSA sponsored the Mission to Seafarers (MtS) Newcastle 150th anniversary fundraiser, MtS Sydney annual fundraising luncheon, MtS 2023 conference, MtS Victoria maritime art prize and the 2023 MtS Calendar. AMSA and the DITRDC co-sponsored the Daily Cargo News (DCN) Australian Shipping & Maritime Industry Seafarer Welfare award. |
Seafarer welfare campaigns and publications
Every year AMSA undertakes a range of planned compliance and educational activities outlined in the AMSA National Compliance Plan. As part of the National Compliance Plan, AMSA continues to ensure seafarers on vessels visiting Australian ports were, and are, being afforded the requirements under the MLC.
AMSA also sponsors the Daily Cargo News (DCN) Australian Shipping & Maritime Industry Seafarers Welfare award, together with the Department of Infrastructure, Transport, Regional Development, Communications and the Arts annually. The Award recognises the commitment of a company to the mental, physical and pastoral welfare of seafarers. The Port Community of Port Kembla was the 2023 recipient of the award. The Port Community of Port Kembla stood out among a worthy field of nominees for their proactive and collaborative approach in supporting seafarers’ welfare, including replacing the Mission to Seafarers Port Kembla minibus, organising a successful vaccination program, as well as supporting the crew of the Ruby Princess.
AMSA CEO Mick Kinley with DCN award winners from The Port Community of Port Kembla
Guidance and publications
A Marine Notice emphasising the requirement for shipowners and operators to provide shore leave for seafarers visiting Australian ports has been republished. Further guidance on the maximum continuous period a seafarer can serve on board a vessel without taking leave is also available on the AMSA website.
AMSA published a Maritime Safety Awareness Bulletin on safe working conditions and practices on board vessels in September 2023. The bulletin highlighted the importance of establishing a positive safety culture and effective communication between all parties to minimise the risk of accidents.
The maritime news website SAFETY4SEA interviewed AMSA’s CEO, Mick Kinley, for the issue 78 - February 2023 publication. He highlighted the need for the maritime industry to focus on safe workplaces, decent working and living conditions as welfare issues continue to exist against the backdrop of a rapidly changing industry. No other profession relies so heavily on a network of charitable organisations to undertake basic welfare duties that would ordinarily be the responsibility of a company/employer. SAFETY4SEA also conducted an interview with the Chair of the AMSA Board, Capt. Jeanine Drummond, who emphasised seafarers must have a voice into what they really need to improve conditions onboard.
ASWC website
In 2023, a new website was launched for the Australian Seafarers Welfare Council (ASWC). The website aims to promote the council and its work on seafarer welfare matters. The website includes an interactive map of seafarer welfare facilities, seafarer support resources and a dedicated section on port welfare committees established in Australian ports. The council will continue building the website and promote its reach to international seafarers visiting Australian ports.
Footnotes
1 Article II.4 of the MLC
2 Derivations of the word ‘vessel’ are used by AMSA interchangeably with derivations of the word ‘ship’, as in IMO, ILO, Australian legislation, and other relevant documents. Note: Domestic commercial vessels are subject to other provisions.
3 The requirements of the MLC are met through various legislative instruments not limited to the Navigation Act.