Marine notice 10/2020: Temporary arrangements for the maximum period of shipboard service for seafarers during COVID-19 pandemic (superseding Marine notice 04/2020) expired on the 28 February 2021.
AMSA inspectors will continue to verify compliance with Regulation 2.4 of the Maritime Labour Convention, 2006 ensuring seafarers serve no longer than 11 months continuously onboard a vessel. Refer to Marine Notice 17/2016 - Maximum period of shipboard service for seafarers for further information about the maximum continuous period that a seafarer can serve on board a vessel without taking leave.
While MN 04/2020 and MN10/2020 were in place, we received many Maritime Labour Convention complaints relating to the main themes in the notice.
The themes are:
- Seafarers serving at sea with expired Seafarer Employment Agreements (SEAs),
- No plans for the repatriation of seafarers after their employment agreements expire, and
- The amount of time spent on board by a seafarer being in excess of 11 months.
AMSA will continue to monitor these statistics to measure compliance in this area. The below statistics cover the period from 26 June 2020 to 31 December 2021.
Update: 31 December 2021
Information | Number | Notes |
Total number of complaints received | 318 | 310 of these have been investigated and resolved to AMSA’s satisfaction. |
8 are under investigation or awaiting the ship’s arrival in Australia. Inspections have been scheduled for these eight vessels. | ||
Nature of complaints: The following provides an indication of complaints that relate to Seafarer Employment Agreements, repatriation, and time on board. Some complaints include just one element, and some include all three. | ||
Information | Number | Notes |
Expired Seafarer Employment Agreements | 242 | 76.4% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements. |
Repatriation plans | 272 | 85.8% of complaints referenced a lack of repatriation plans for one or more seafarers. |
More than 11 months on board* (One or more seafarers) | 133 | 26.3% = 11 months on board 24.8% = 12 months on board 17.3% = 13 months on board 15.0% = 14 months on board 16.6% = 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 investigate 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 of 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 June 2020 we have identified the below deficiencies and detentions that are related to the effects COVID-19 has had on seafarer repatriation and Seafarer Employment Agreements (SEAs).
The below statistics cover the period from 26 June 2020 to 31 December 2021.
Information | Number | Notes |
Total number of port State control (PSC) inspections conducted | 4445 | - |
Total number of deficiencies issued that relate to seafarer repatriation or SEAs. | 453 (to 313 ships) | Of the 453 deficiencies:
|
Details of detentions
Since 26 June 2020, twenty-two ships have been detained because of MLC related deficiencies.
Five of these (shaded) were directly related to the issues identified in the Marine Notices (04/2020 and 10/2020).
6 December 2021 | Lady Jane - The Marshall Islands flagged container ship was detained for significant and repeated rest hour breaches for numerous crew in September, October and November 2021. |
19 October 2021 | Ocean Diamond – The Hong Kong flagged bulk carrier was detained for failing to ensure that seafarers have access to good quality food and drinking water and hygienic conditions are maintained onboard. The refrigeration system for meat, fish and dairy rooms were defective and fridges and freezers were found with spoiled food inside. The freshwater generator was defective and the ship was unable to produce sufficient portable water. |
21 September 2021 | Chorus – The Panama flagged bulk carrier was detained in Gladstone on the 21 September 2021. The ship failed to provide sufficient quantity and variety of fresh food provisions for the intended voyage. |
6 September 2021 | Western Callao – The Singapore flagged cargo ship was detained in Port Adelaide on the 06 September 2021. The ship failed to pay seafarers wages every month in accordance with Seafarer Employment Agreements and thirteen crew members had served onboard for more than 12 months without leave. On 22 September 2021, the vessel was permitted to carry out a single ballast voyage to Brisbane, still under detention, in order to carry out the necessary crew changes. The vessel was released from detention in Brisbane on 02 October 2021. Due to the seriousness and nature of these shortcomings, a direction was issued for the ship not to enter or use any port in Australia for 6 months. |
4 August 2021 | Annika N – The Marshall Islands flagged bulk carrier was detained in Port Kembla on the 04 August 2021. The seafarers were not paid their wages in full at no greater than monthly intervals. |
1 April 2021 | Yue Dian 85 – The Hong Kong, China flagged bulk carrier was detained in Abbot Point on the 01 April 2021. The ship failed to pay seafarers wages every month in accordance with Seafarer Employment Agreements. |
10 March 2021 | Ever Brilliant – The Panama flagged bulk carrier was detained in Brisbane on the 10 March 2021. The ship failed to provide fall preventive equipment or life jackets for crew, despite being advised by the Port State Control Officer. |
4 March 2021 | Movers 3 – The Panama flagged bulk carrier was detained in Weipa on the 4 March 2021 for several deficiencies including failure to provide suitable quantity and quality of food. The freezer room was found to be defective, resulting in unsafe and insufficient food for crew. The ship was banned from Australia for 18 months. The operator, Aswan Shipping, was also responsible for Maryam, which was detained in February. |
19 Feb 2021 | Maryam – The Panama flagged bulk carrier was detained in Port Kembla for multiple deficiencies including breaches of the MLC. The vessel was found to have no electricity or air-conditioning on board the ship. |
28 December 2020 | Tokyo Bulker - The Panama flagged bulk carrier was detained in Newcastle on 28 December 2020 for a number of issues including 3 seafarers serving 12 months on board. Rectified in accordance with flag State approved repatriation plan. |
30 November 2020 | Zarnata Express – The Panama flagged container ship was detained in Melbourne on 30 November 2020. The ship failed to provide COVID-19 personal protective equipment (PPE) to seafarers onboard. |
13 October 2020 | Yangze 8 – The Liberian flagged bulk carrier was detained in Port Kembla on 13 October 2020 for breaches to the Maritime Labour Convention, including incorrect hours of work and rest records and shipboard working arrangements. |
5 October 2020 | Sofrana Surville - The Liberian flagged container ship was detained in Brisbane on 5 October 2020. Objective evidence was found that indicated more than one set of wage accounts was in use. Seafarers agreed to a single contract and outstanding wages were paid. |
25 September 2020 | Star Eva – The Maltese bulk carrier was detained in Abbot Point on 25 September 2020. Objective evidence was found that seafarers were not being paid as per their respective Seafarer Employment Agreements (SEAs) and some seafarers were working hours in excess of their SEAs. Outstanding wages were paid and a rectification action plan provided to ensure seafarers do not work hours beyond their contracts. |
17 September 2020 | AC Sesoda – The Panama flagged bulk carrier was detained in Mourilyan on 10 September 2020. Objective evidence was found that indicated more than one set of wage accounts in use. Multiple seafarers were found to be systemically underpaid. The ship was banned from Australia for 12 months as of 17 Sep 2020. Read the media release for the banning of this ship |
7 August 2020 | Ben Rinnes –The Marshall Islands flagged bulk carrier was detained in Geelong on 7 August 2020. Two seafarers had served onboard for more than 14 months, with no flag approved/mutually agreed plan for repatriation and leave. Three seafarers were disembarked and repatriated to their home country. |
30 July 2020 | Unison Jasper – The Hong Kong-flagged bulk carrier was detained in Newcastle on 30 July 2020 for breaches of the Maritime Labour Convention The breaches related to the operation of several sets of wage accounts and conflicting seafarer employment agreements. On Friday 31 July 2020, 11 crew members were landed ashore and transferred to Sydney for quarantine while they awaited repatriation to their home country. The ship was not permitted to leave Newcastle until the minimum safe manning standards were met to the satisfaction of AMSA and the ship’s flag State. Due to the systemic nature of the underpayment, the ship was banned from Australia for six months. Read our media release for the banning of this ship. |
30 July 2020 | 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. |
25 July 2020 | Agia Sofia - The Liberian flagged bulk carrier was detained due to systemic underpayment of seafarers, with $45,000 AUD owed to the seafarers on board. Due to the systemic nature of the underpayment, the ship was banned from Australia for six months. Read the media release for the banning of this ship. |
24 July 2020 | 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 banned from Australia for 12 months. Read the media release for the banning of this ship. |
7 July 2020 | 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 were no plans in place for the repatriation of seafarers. |
29 June 2020 | SKS Doyles - The Norwegian flagged oil tanker was detained because 11 seafarers were found to have expired seafarer 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). |
- Update: 30 November 2021
Information Number Notes Total number of complaints received 311 303 of these have been investigated and resolved to AMSA’s satisfaction. 8 are under investigation or awaiting the ship’s arrival in Australia. Inspections have been scheduled for these eight vessels. Nature of complaints:
The following provides an indication of complaints that relate to Seafarer Employment Agreements, repatriation, and time on board. Some complaints include just one element, and some include all three.
Information Number Notes Expired Seafarer Employment Agreements 236 76.2% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements. Repatriation plans 265 85.5% of complaints referenced a lack of repatriation plans for one or more seafarers. More than 11 months on board*
(One or more seafarers)
133 26.3% = 11 months on board
24.8% = 12 months on board
17.3% = 13 months on board
15.0% = 14 months on board
16.6% = 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 investigate 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 of 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 June 2020 we have identified the below deficiencies and detentions that are related to the effects COVID-19 has had on seafarer repatriation and Seafarer Employment Agreements (SEAs).
The below statistics cover the period from 26 June 2020 to 30 November 2021.
Information Number Notes Total number of port State control (PSC) inspections conducted 4289 - Total number of deficiencies issued that relate to seafarer repatriation or SEAs. 443 (to 305 ships) Of the 443 deficiencies:
- 282 deficiencies were issued requiring rectification before the ship's departure (AMSA has received information that these deficiencies have been addressed).
- 140 deficiencies required rectification at a specific port in accordance with an agreed plan, or within 14 days.
- 21 of these ships were detained (see below for more info).
Details of detentions
Since 26 June 2020, twenty-one ships have been detained because of MLC related deficiencies.
Five of these (shaded) were directly related to the issues identified in the Marine Notices (04/2020 and 10/2020).
19 October 2021 Ocean Diamond – The Hong Kong flagged bulk carrier was detained for failing to ensure that seafarers have access to good quality food and drinking water and hygienic conditions are maintained onboard. The refrigeration system for meat, fish and dairy rooms were defective and fridges and freezers were found with spoiled food inside. The freshwater generator was defective and the ship was unable to produce sufficient portable water. 21 September 2021 Chorus – The Panama flagged bulk carrier was detained in Gladstone on the 21 September 2021. The ship failed to provide sufficient quantity and variety of fresh food provisions for the intended voyage. 6 September 2021 Western Callao – The Singapore flagged cargo ship was detained in Port Adelaide on the 06 September 2021. The ship failed to pay seafarers wages every month in accordance with Seafarer Employment Agreements and thirteen crew members had served onboard for more than 12 months without leave. On 22 September 2021, the vessel was permitted to carry out a single ballast voyage to Brisbane, still under detention, in order to carry out the necessary crew changes. The vessel was released from detention in Brisbane on 02 October 2021. Due to the seriousness and nature of these shortcomings, a direction was issued for the ship not to enter or use any port in Australia for 6 months. 4 August 2021 Annika N – The Marshall Islands flagged bulk carrier was detained in Port Kembla on the 04 August 2021. The seafarers were not paid their wages in full at no greater than monthly intervals. 1 April 2021 Yue Dian 85 – The Hong Kong, China flagged bulk carrier was detained in Abbot Point on the 01 April 2021. The ship failed to pay seafarers wages every month in accordance with Seafarer Employment Agreements. 10 March 2021 Ever Brilliant – The Panama flagged bulk carrier was detained in Brisbane on the 10 March 2021. The ship failed to provide fall preventive equipment or life jackets for crew, despite being advised by the Port State Control Officer. 4 March 2021 Movers 3 – The Panama flagged bulk carrier was detained in Weipa on the 4 March 2021 for several deficiencies including failure to provide suitable quantity and quality of food. The freezer room was found to be defective, resulting in unsafe and insufficient food for crew. The ship was banned from Australia for 18 months. The operator, Aswan Shipping, was also responsible for Maryam, which was detained in February. 19 Feb 2021 Maryam – The Panama flagged bulk carrier was detained in Port Kembla for multiple deficiencies including breaches of the MLC. The vessel was found to have no electricity or air-conditioning on board the ship. 28 December 2020 Tokyo Bulker - The Panama flagged bulk carrier was detained in Newcastle on 28 December 2020 for a number of issues including 3 seafarers serving 12 months on board. Rectified in accordance with flag State approved repatriation plan. 30 November 2020 Zarnata Express – The Panama flagged container ship was detained in Melbourne on 30 November 2020. The ship failed to provide COVID-19 personal protective equipment (PPE) to seafarers onboard. 13 October 2020 Yangze 8 – The Liberian flagged bulk carrier was detained in Port Kembla on 13 October 2020 for breaches to the Maritime Labour Convention, including incorrect hours of work and rest records and shipboard working arrangements. 5 October 2020 Sofrana Surville - The Liberian flagged container ship was detained in Brisbane on 5 October 2020. Objective evidence was found that indicated more than one set of wage accounts was in use. Seafarers agreed to a single contract and outstanding wages were paid. 25 September 2020 Star Eva – The Maltese bulk carrier was detained in Abbot Point on 25 September 2020. Objective evidence was found that seafarers were not being paid as per their respective Seafarer Employment Agreements (SEAs) and some seafarers were working hours in excess of their SEAs. Outstanding wages were paid and a rectification action plan provided to ensure seafarers do not work hours beyond their contracts. 17 September 2020 AC Sesoda – The Panama flagged bulk carrier was detained in Mourilyan on 10 September 2020. Objective evidence was found that indicated more than one set of wage accounts in use. Multiple seafarers were found to be systemically underpaid. The ship was banned from Australia for 12 months as of 17 Sep 2020. Read the media release for the banning of this ship 7 August 2020 Ben Rinnes –The Marshall Islands flagged bulk carrier was detained in Geelong on 7 August 2020. Two seafarers had served onboard for more than 14 months, with no flag approved/mutually agreed plan for repatriation and leave. Three seafarers were disembarked and repatriated to their home country. 30 July 2020 Unison Jasper – The Hong Kong-flagged bulk carrier was detained in Newcastle on 30 July 2020 for breaches of the Maritime Labour Convention The breaches related to the operation of several sets of wage accounts and conflicting seafarer employment agreements. On Friday 31 July 2020, 11 crew members were landed ashore and transferred to Sydney for quarantine while they awaited repatriation to their home country. The ship was not permitted to leave Newcastle until the minimum safe manning standards were met to the satisfaction of AMSA and the ship’s flag State. Due to the systemic nature of the underpayment, the ship was banned from Australia for six months. Read our media release for the banning of this ship. 30 July 2020 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. 25 July 2020 Agia Sofia - The Liberian flagged bulk carrier was detained due to systemic underpayment of seafarers, with $45,000 AUD owed to the seafarers on board. Due to the systemic nature of the underpayment, the ship was banned from Australia for six months. Read the media release for the banning of this ship. 24 July 2020 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 banned from Australia for 12 months. Read the media release for the banning of this ship. 7 July 2020 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 were no plans in place for the repatriation of seafarers. 29 June 2020 SKS Doyles - The Norwegian flagged oil tanker was detained because 11 seafarers were found to have expired seafarer 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).
- Update: 31 October 2021
Information Number Notes Total number of complaints received 301 291 of these have been investigated and resolved to AMSA’s satisfaction. 10 are under investigation or awaiting the ship’s arrival in Australia. Inspections have been scheduled for these ten vessels. Nature of complaints:
The following provides an indication of complaints that relate to Seafarer Employment Agreements, repatriation, and time on board. Some complaints include just one element, and some include all three.
Information Number Notes Expired Seafarer Employment Agreements 229 76.4% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements. Repatriation plans 260 86.7% of complaints referenced a lack of repatriation plans for one or more seafarers. More than 11 months on board*
(One or more seafarers)
132 26.5% = 11 months on board
24.2% = 12 months on board
17.4% = 13 months on board
15.2% = 14 months on board
16.7% = 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 investigate 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 of 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 June 2020 we have identified the below deficiencies and detentions that are related to the effects COVID-19 has had on seafarer repatriation and Seafarer Employment Agreements (SEAs).
The below statistics cover the period from 26 June 2020 to 31 October 2021.
Information Number Notes Total number of port State control (PSC) inspections conducted 4044 - Total number of deficiencies issued that relate to seafarer repatriation or SEAs. 416 (to 285 ships) Of the 397 deficiencies:
- 263 deficiencies were issued requiring rectification before the ship's departure (AMSA has received information that these deficiencies have been addressed).
- 132 deficiencies required rectification at a specific port in accordance with an agreed plan, or within 14 days.
- 21 of these ships were detained (see below for more info).
Details of detentions
Since 26 June 2020, twenty-one ships have been detained because of MLC related deficiencies.
Five of these (shaded) were directly related to the issues identified in the Marine Notices (04/2020 and 10/2020).
19 October 2021 Ocean Diamond – The Hong Kong flagged bulk carrier was detained for failing to ensure that seafarers have access to good quality food and drinking water and hygienic conditions are maintained onboard. The refrigeration system for meat, fish and dairy rooms were defective and fridges and freezers were found with spoiled food inside. The freshwater generator was defective and the ship was unable to produce sufficient portable water. 21 September 2021 Chorus – The Panama flagged bulk carrier was detained in Gladstone on the 21 September 2021. The ship failed to provide sufficient quantity and variety of fresh food provisions for the intended voyage. 6 September 2021 Western Callao – The Singapore flagged cargo ship was detained in Port Adelaide on the 06 September 2021. The ship failed to pay seafarers wages every month in accordance with Seafarer Employment Agreements and thirteen crew members had served onboard for more than 12 months without leave. On 22 September 2021, the vessel was permitted to carry out a single ballast voyage to Brisbane, still under detention, in order to carry out the necessary crew changes. The vessel was released from detention in Brisbane on 02 October 2021. Due to the seriousness and nature of these shortcomings, a direction was issued for the ship not to enter or use any port in Australia for 6 months. 4 August 2021 Annika N – The Marshall Islands flagged bulk carrier was detained in Port Kembla on the 04 August 2021. The seafarers were not paid their wages in full at no greater than monthly intervals. 1 April 2021 Yue Dian 85 – The Hong Kong, China flagged bulk carrier was detained in Abbot Point on the 01 April 2021. The ship failed to pay seafarers wages every month in accordance with Seafarer Employment Agreements. 10 March 2021 Ever Brilliant – The Panama flagged bulk carrier was detained in Brisbane on the 10 March 2021. The ship failed to provide fall preventive equipment or life jackets for crew, despite being advised by the Port State Control Officer. 4 March 2021 Movers 3 – The Panama flagged bulk carrier was detained in Weipa on the 4 March 2021 for several deficiencies including failure to provide suitable quantity and quality of food. The freezer room was found to be defective, resulting in unsafe and insufficient food for crew. The ship was banned from Australia for 18 months. The operator, Aswan Shipping, was also responsible for Maryam, which was detained in February. 19 Feb 2021 Maryam – The Panama flagged bulk carrier was detained in Port Kembla for multiple deficiencies including breaches of the MLC. The vessel was found to have no electricity or air-conditioning on board the ship. 28 December 2020 Tokyo Bulker - The Panama flagged bulk carrier was detained in Newcastle on 28 December 2020 for a number of issues including 3 seafarers serving 12 months on board. Rectified in accordance with flag State approved repatriation plan. 30 November 2020 Zarnata Express – The Panama flagged container ship was detained in Melbourne on 30 November 2020. The ship failed to provide COVID-19 personal protective equipment (PPE) to seafarers onboard. 13 October 2020 Yangze 8 – The Liberian flagged bulk carrier was detained in Port Kembla on 13 October 2020 for breaches to the Maritime Labour Convention, including incorrect hours of work and rest records and shipboard working arrangements. 5 October 2020 Sofrana Surville - The Liberian flagged container ship was detained in Brisbane on 5 October 2020. Objective evidence was found that indicated more than one set of wage accounts was in use. Seafarers agreed to a single contract and outstanding wages were paid. 25 September 2020 Star Eva – The Maltese bulk carrier was detained in Abbot Point on 25 September 2020. Objective evidence was found that seafarers were not being paid as per their respective Seafarer Employment Agreements (SEAs) and some seafarers were working hours in excess of their SEAs. Outstanding wages were paid and a rectification action plan provided to ensure seafarers do not work hours beyond their contracts. 17 September 2020 AC Sesoda – The Panama flagged bulk carrier was detained in Mourilyan on 10 September 2020. Objective evidence was found that indicated more than one set of wage accounts in use. Multiple seafarers were found to be systemically underpaid. The ship was banned from Australia for 12 months as of 17 Sep 2020. Read the media release for the banning of this ship 7 August 2020 Ben Rinnes –The Marshall Islands flagged bulk carrier was detained in Geelong on 7 August 2020. Two seafarers had served onboard for more than 14 months, with no flag approved/mutually agreed plan for repatriation and leave. Three seafarers were disembarked and repatriated to their home country. 30 July 2020 Unison Jasper – The Hong Kong-flagged bulk carrier was detained in Newcastle on 30 July 2020 for breaches of the Maritime Labour Convention The breaches related to the operation of several sets of wage accounts and conflicting seafarer employment agreements. On Friday 31 July 2020, 11 crew members were landed ashore and transferred to Sydney for quarantine while they awaited repatriation to their home country. The ship was not permitted to leave Newcastle until the minimum safe manning standards were met to the satisfaction of AMSA and the ship’s flag State. Due to the systemic nature of the underpayment, the ship was banned from Australia for six months. Read our media release for the banning of this ship. 30 July 2020 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. 25 July 2020 Agia Sofia - The Liberian flagged bulk carrier was detained due to systemic underpayment of seafarers, with $45,000 AUD owed to the seafarers on board. Due to the systemic nature of the underpayment, the ship was banned from Australia for six months. Read the media release for the banning of this ship. 24 July 2020 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 banned from Australia for 12 months. Read the media release for the banning of this ship. 7 July 2020 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 were no plans in place for the repatriation of seafarers. 29 June 2020 SKS Doyles - The Norwegian flagged oil tanker was detained because 11 seafarers were found to have expired seafarer 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).
- Update: 30 September 2021
Information Number Notes Total number of complaints received 282 274 of these have been investigated and resolved to AMSA’s satisfaction.
8 are under investigation or awaiting the ship’s arrival in Australia. Inspections have been scheduled for these 10 vessels.
Nature of complaints:
The following provides an indication of complaints that relate to Seafarer Employment Agreements, repatriation, and time on board. Some complaints include just one element, and some include all three.
Expired Seafarer Employment Agreements 215 76.6% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements. Repatriation plans 246 87.6% of complaints referenced a lack of repatriation plans for one or more seafarers. More than 11 months on board*
(One or more seafarers)
130 26.9% = 11 months on board
24.6% = 12 months on board
16.2% = 13 months on board
15.4% = 14 months on board
16.9% = 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 investigate 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 of 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 June 2020 we have identified the below deficiencies and detentions that are related to the effects COVID-19 has had on seafarer repatriation and Seafarer Employment Agreements (SEAs).
The below statistics cover the period from 26 June 2020 to 30 September 2021.
Information Number Notes Total number of port State control (PSC) inspections conducted 3800 - Total number of deficiencies issued that relate to seafarer repatriation or SEAs. 397 (to 270 ships) Of the 397 deficiencies:
- 249 deficiencies were issued requiring rectification before the ship's departure (AMSA has received information that these deficiencies have been addressed).
- 128 deficiencies required rectification at a specific port in accordance with an agreed plan, or within 14 days.
- 20 of these ships were detained (see below for more info).
Details of detentions
Since 26 June 2020, twenty ships have been detained because of MLC related deficiencies.
Five of these (shaded) were directly related to the issues identified in the Marine Notices (04/2020 and 10/2020).
21 September 2021 Chorus – The Panama flagged bulk carrier was detained in Gladstone on the 21 September 2021. The ship failed to provide sufficient quantity and variety of fresh food provisions for the intended voyage. 6 September 2021 Western Callao – The Singapore flagged cargo ship was detained in Port Adelaide on the 06 September 2021. The ship failed to pay seafarers wages every month in accordance with Seafarer Employment Agreements and thirteen crew members had served onboard for more than 12 months without leave. On 22 September 2021, the vessel was permitted to carry out a single ballast voyage to Brisbane, still under detention, in order to carry out the necessary crew changes. The vessel was released from detention in Brisbane on 02 October 2021. Due to the seriousness and nature of these shortcomings, a direction was issued for the ship not to enter or use any port in Australia for 6 months. 4 August 2021 Annika N - The Marshall Islands flagged bulk carrier was detained in Port Kembla on the 04 August 2021. The seafarers were not paid their wages in full at no greater than monthly intervals. 1 April 2021 Tue Dian 85 - The Hong Kong, China flagged bulk carrier was detained in Abbot Point on the 01 April 2021. The ship failed to pay seafarers wages every month in accordance with Seafarer Employment Agreements. 10 March 2021 Ever Brilliant – The Panama flagged bulk carrier was detained in Brisbane on the 10 March 2021.
The ship failed to provide fall preventive equipment or life jackets for crew, despite being advised by the Port State Control Officer.
4 March 2021 Movers 3 – The Panama flagged bulk carrier was detained in Weipa on the 4 March 2021 for several deficiencies including failure to provide suitable quantity and quality of food.
The freezer room was found to be defective, resulting in unsafe and insufficient food for crew. The ship was banned from Australia for 18 months. The operator, Aswan Shipping, was also responsible for Maryam, which was detained in February.
19 Feb 2021 Maryam – The Panama flagged bulk carrier was detained in Port Kembla for multiple deficiencies including breaches of the MLC. The vessel was found to have no electricity or air-conditioning on board the ship. 28 December 2020 Tokyo Bulker - The Panama flagged bulk carrier was detained in Newcastle on 28 December 2020 for a number of issues including 3 seafarers serving 12 months on board. Rectified in accordance with flag State approved repatriation plan. 30 November 2020 Zarnata Express – The Panama flagged container ship was detained in Melbourne on 30 November 2020. The ship failed to provide COVID-19 personal protective equipment (PPE) to seafarers onboard. 13 October 2020 Yangze 8 – The Liberian flagged bulk carrier was detained in Port Kembla on 13 October 2020 for breaches to the Maritime Labour Convention, including incorrect hours of work and rest records and shipboard working arrangements. 5 October 2020 Sofrana Surville - The Liberian flagged container ship was detained in Brisbane on 5 October 2020. Objective evidence was found that indicated more than one set of wage accounts was in use. Seafarers agreed to a single contract and outstanding wages were paid. 25 September 2020 Star Eva – The Maltese bulk carrier was detained in Abbot Point on 25 September 2020. Objective evidence was found that seafarers were not being paid as per their respective Seafarer Employment Agreements (SEAs) and some seafarers were working hours in excess of their SEAs.
Outstanding wages were paid and a rectification action plan provided to ensure seafarers do not work hours beyond their contracts.
17 September 2020 AC Sesoda – The Panama flagged bulk carrier was detained in Mourilyan on 10 September 2020. Objective evidence was found that indicated more than one set of wage accounts in use. Multiple seafarers were found to be systemically underpaid. The ship was banned from Australia for 12 months as of 17 Sep 2020.
7 August 2020 Ben Rinnes –The Marshall Islands flagged bulk carrier was detained in Geelong on 7 August 2020. Two seafarers had served onboard for more than 14 months, with no flag approved/mutually agreed plan for repatriation and leave. Three seafarers were disembarked and repatriated to their home country. 30 July 2020 Unison Jasper – The Hong Kong-flagged bulk carrier was detained in Newcastle on 30 July 2020 for breaches of the Maritime Labour Convention The breaches related to the operation of several sets of wage accounts and conflicting seafarer employment agreements.
On Friday 31 July 2020, 11 crew members were landed ashore and transferred to Sydney for quarantine while they awaited repatriation to their home country. The ship was not permitted to leave Newcastle until the minimum safe manning standards were met to the satisfaction of AMSA and the ship’s flag State.
Due to the systemic nature of the underpayment, the ship was banned from Australia for six months.
30 July 2020 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. 25 July 2020 Agia Sofia - The Liberian flagged bulk carrier was detained due to systemic underpayment of seafarers, with $45,000 AUD owed to the seafarers on board. Due to the systemic nature of the underpayment, the ship was banned from Australia for six months.
24 July 2020 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 banned from Australia for 12 months.
7 July 2020 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 were no plans in place for the repatriation of seafarers. 29 June 2020 SKS Doyles - The Norwegian flagged oil tanker was detained because 11 seafarers were found to have expired seafarer 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).
- Update: 31 August 2021
Information Number Notes Total number of complaints received 273 263 of these have been investigated and resolved to AMSA’s satisfaction.
10 are under investigation or awaiting the ship’s arrival in Australia. Inspections have been scheduled for these 10 vessels.
Nature of complaints:
The following provides an indication of complaints that relate to Seafarer Employment Agreements, repatriation, and time on board. Some complaints include just one element, and some include all three.
Expired Seafarer Employment Agreements 208 76.6% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements. Repatriation plans 241 88.6% of complaints referenced a lack of repatriation plans for one or more seafarers. More than 11 months on board*
(One or more seafarers)
130 26.9% = 11 months on board
24.6% = 12 months on board
16.2% = 13 months on board
15.4% = 14 months on board
16.9% = 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 investigate 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 of 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 June 2020 we have identified the below deficiencies and detentions that are related to the effects COVID-19 has had on seafarer repatriation and Seafarer Employment Agreements (SEAs).
The below statistics cover the period from 26 June 2020 to 31 August 2021.
Information Number Notes Total number of port State control (PSC) inspections conducted 3599 - Total number of deficiencies issued that relate to seafarer repatriation or SEAs. 382 (to 259 ships) Of the 382 deficiencies:
- 241 deficiencies were issued requiring rectification before the ship's departure (AMSA has received information that these deficiencies have been addressed).
- 124 deficiencies required rectification at a specific port in accordance with an agreed plan, or within 14 days.
- 18 of these ships were detained (see below for more info).
Details of detentions
Since 26 June 2020, twenty ships have been detained because of MLC related deficiencies.
Five of these (shaded) were directly related to the issues identified in the Marine Notices (04/2020 and 10/2020).
4 August 2021 Annika N - The Marshall Islands flagged bulk carrier was detained in Port Kembla on the 04 August 2021. The seafarers were not paid their wages in full at no greater than monthly intervals. 1 April 2021 Tue Dian 85 - The Hong Kong, China flagged bulk carrier was detained in Abbot Point on the 01 April 2021. The ship failed to pay seafarers wages every month in accordance with Seafarer Employment Agreements. 10 March 2021 Ever Brilliant – The Panama flagged bulk carrier was detained in Brisbane on the 10 March 2021.
The ship failed to provide fall preventive equipment or life jackets for crew, despite being advised by the Port State Control Officer.
4 March 2021 Movers 3 – The Panama flagged bulk carrier was detained in Weipa on the 4 March 2021 for several deficiencies including failure to provide suitable quantity and quality of food.
The freezer room was found to be defective, resulting in unsafe and insufficient food for crew. The ship was banned from Australia for 18 months. The operator, Aswan Shipping, was also responsible for Maryam, which was detained in February.
19 Feb 2021 Maryam – The Panama flagged bulk carrier was detained in Port Kembla for multiple deficiencies including breaches of the MLC. The vessel was found to have no electricity or air-conditioning on board the ship. 28 December 2020 Tokyo Bulker - The Panama flagged bulk carrier was detained in Newcastle on 28 December 2020 for a number of issues including 3 seafarers serving 12 months on board. Rectified in accordance with flag State approved repatriation plan. 30 November 2020 Zarnata Express – The Panama flagged container ship was detained in Melbourne on 30 November 2020. The ship failed to provide COVID-19 personal protective equipment (PPE) to seafarers onboard. 13 October 2020 Yangze 8 – The Liberian flagged bulk carrier was detained in Port Kembla on 13 October 2020 for breaches to the Maritime Labour Convention, including incorrect hours of work and rest records and shipboard working arrangements. 5 October 2020 Sofrana Surville - The Liberian flagged container ship was detained in Brisbane on 5 October 2020. Objective evidence was found that indicated more than one set of wage accounts was in use. Seafarers agreed to a single contract and outstanding wages were paid. 25 September 2020 Star Eva – The Maltese bulk carrier was detained in Abbot Point on 25 September 2020. Objective evidence was found that seafarers were not being paid as per their respective Seafarer Employment Agreements (SEAs) and some seafarers were working hours in excess of their SEAs.
Outstanding wages were paid and a rectification action plan provided to ensure seafarers do not work hours beyond their contracts.
17 September 2020 AC Sesoda – The Panama flagged bulk carrier was detained in Mourilyan on 10 September 2020. Objective evidence was found that indicated more than one set of wage accounts in use. Multiple seafarers were found to be systemically underpaid. The ship was banned from Australia for 12 months as of 17 Sep 2020.
7 August 2020 Ben Rinnes –The Marshall Islands flagged bulk carrier was detained in Geelong on 7 August 2020. Two seafarers had served onboard for more than 14 months, with no flag approved/mutually agreed plan for repatriation and leave. Three seafarers were disembarked and repatriated to their home country. 30 July 2020 Unison Jasper – The Hong Kong-flagged bulk carrier was detained in Newcastle on 30 July 2020 for breaches of the Maritime Labour Convention The breaches related to the operation of several sets of wage accounts and conflicting seafarer employment agreements.
On Friday 31 July 2020, 11 crew members were landed ashore and transferred to Sydney for quarantine while they awaited repatriation to their home country. The ship was not permitted to leave Newcastle until the minimum safe manning standards were met to the satisfaction of AMSA and the ship’s flag State.
Due to the systemic nature of the underpayment, the ship was banned from Australia for six months.
30 July 2020 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. 25 July 2020 Agia Sofia - The Liberian flagged bulk carrier was detained due to systemic underpayment of seafarers, with $45,000 AUD owed to the seafarers on board. Due to the systemic nature of the underpayment, the ship was banned from Australia for six months.
24 July 2020 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 banned from Australia for 12 months.
7 July 2020 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 were no plans in place for the repatriation of seafarers. 29 June 2020 SKS Doyles - The Norwegian flagged oil tanker was detained because 11 seafarers were found to have expired seafarer 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).
- Update: 31 July 2021
Information Number Notes Total number of complaints received 257 251 of these have been investigated and resolved to AMSA’s satisfaction.
6 are under investigation or awaiting the ship’s arrival in Australia. Inspections have been scheduled for these 6 vessels.
Nature of complaints:
The following provides an indication of complaints that relate to Seafarer Employment Agreements, repatriation, and time on board. Some complaints include just one element, and some include all three.
Expired Seafarer Employment Agreements 202 79% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements. Repatriation plans 228 89.1% of complaints referenced a lack of repatriation plans for one or more seafarers. More than 11 months on board*
(One or more seafarers)
129 27.1% = 11 months on board
24.0% = 12 months on board
16.3% = 13 months on board
15.5% = 14 months on board
17.1% = 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 investigate 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 of 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 June 2020 we have identified the below deficiencies and detentions that are related to the effects COVID-19 has had on seafarer repatriation and Seafarer Employment Agreements (SEAs).
The below statistics cover the period from 26 June 2020 to 31 July 2021.
Information Number Notes Total number of port State control (PSC) inspections conducted 3368 - Total number of deficiencies issued that relate to seafarer repatriation or SEAs. 371 (to 249 ships) Of the 371 deficiencies:
- 232 deficiencies were issued requiring rectification before the ship's departure (AMSA has received information that these deficiencies have been addressed).
- 122 deficiencies required rectification at a specific port in accordance with an agreed plan, or within 14 days.
- 17 of these ships were detained (see below for more info).
Details of detentions
Since 26 June 2020, 17 ships have been detained because of MLC related deficiencies.
Five of these (shaded) were directly related to the issues identified in the Marine Notices (04/2020 and 10/2020).
1 April 2021 Yue Dian 85 – The Hong Kong, China flagged bulk carrier was detained in Abbot Point on the 01 April 2021. The ship failed to pay seafarers wages every month in accordance with Seafarer Employment Agreements. 10 March 2021 Ever Brilliant – The Panama flagged bulk carrier was detained in Brisbane on the 10 March 2021.
The ship failed to provide fall preventive equipment or life jackets for crew, despite being advised by the Port State Control Officer.
4 March 2021 Movers 3 – The Panama flagged bulk carrier was detained in Weipa on the 4 March 2021 for several deficiencies including failure to provide suitable quantity and quality of food.
The freezer room was found to be defective, resulting in unsafe and insufficient food for crew. The ship was banned from Australia for 18 months. The operator, Aswan Shipping, was also responsible for Maryam, which was detained in February.
19 Feb 2021 Maryam – The Panama flagged bulk carrier was detained in Port Kembla for multiple deficiencies including breaches of the MLC. The vessel was found to have no electricity or air-conditioning on board the ship. 28 December 2020 Tokyo Bulker - The Panama flagged bulk carrier was detained in Newcastle on 28 December 2020 for a number of issues including 3 seafarers serving 12 months on board. Rectified in accordance with flag State approved repatriation plan. 30 November 2020 Zarnata Express – The Panama flagged container ship was detained in Melbourne on 30 November 2020. The ship failed to provide COVID-19 personal protective equipment (PPE) to seafarers onboard. 13 October 2020 Yangze 8 – The Liberian flagged bulk carrier was detained in Port Kembla on 13 October 2020 for breaches to the Maritime Labour Convention, including incorrect hours of work and rest records and shipboard working arrangements. 5 October 2020 Sofrana Surville - The Liberian flagged container ship was detained in Brisbane on 5 October 2020. Objective evidence was found that indicated more than one set of wage accounts was in use. Seafarers agreed to a single contract and outstanding wages were paid. 25 September 2020 Star Eva – The Maltese bulk carrier was detained in Abbot Point on 25 September 2020. Objective evidence was found that seafarers were not being paid as per their respective Seafarer Employment Agreements (SEAs) and some seafarers were working hours in excess of their SEAs.
Outstanding wages were paid and a rectification action plan provided to ensure seafarers do not work hours beyond their contracts.
17 September 2020 AC Sesoda – The Panama flagged bulk carrier was detained in Mourilyan on 10 September 2020. Objective evidence was found that indicated more than one set of wage accounts in use. Multiple seafarers were found to be systemically underpaid. The ship was banned from Australia for 12 months as of 17 Sep 2020.
7 August 2020 Ben Rinnes –The Marshall Islands flagged bulk carrier was detained in Geelong on 7 August 2020. Two seafarers had served onboard for more than 14 months, with no flag approved/mutually agreed plan for repatriation and leave. Three seafarers were disembarked and repatriated to their home country. 30 July 2020 Unison Jasper – The Hong Kong-flagged bulk carrier was detained in Newcastle on 30 July 2020 for breaches of the Maritime Labour Convention The breaches related to the operation of several sets of wage accounts and conflicting seafarer employment agreements.
On Friday 31 July 2020, 11 crew members were landed ashore and transferred to Sydney for quarantine while they awaited repatriation to their home country. The ship was not permitted to leave Newcastle until the minimum safe manning standards were met to the satisfaction of AMSA and the ship’s flag State.
Due to the systemic nature of the underpayment, the ship was banned from Australia for six months.
30 July 2020 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. 25 July 2020 Agia Sofia - The Liberian flagged bulk carrier was detained due to systemic underpayment of seafarers, with $45,000 AUD owed to the seafarers on board. Due to the systemic nature of the underpayment, the ship was banned from Australia for six months.
24 July 2020 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 banned from Australia for 12 months.
7 July 2020 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 were no plans in place for the repatriation of seafarers. 29 June 2020 SKS Doyles - The Norwegian flagged oil tanker was detained because 11 seafarers were found to have expired seafarer 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).
- Update: 30 June 2021
Information Number Notes Total number of complaints received 240 237 of these have been investigated and resolved to AMSA’s satisfaction.
3 are under investigation or awaiting the ship’s arrival in Australia. Inspections have been scheduled for these eight vessels.
Nature of complaints:
The following provides an indication of complaints that relate to Seafarer Employment Agreements, repatriation, and time on board. Some complaints include just one element, and some include all three.
Expired Seafarer Employment Agreements 197 82.5% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements. Repatriation plans 215 90% of complaints referenced a lack of repatriation plans for one or more seafarers. More than 11 months on board*
(One or more seafarers)
128 26.6% = 11 months on board
24.2% = 12 months on board
16.4% = 13 months on board
15.6% = 14 months on board
17.2% = 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 investigate 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 of 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 June 2020 we have identified the below deficiencies and detentions that are related to the effects COVID-19 has had on seafarer repatriation and Seafarer Employment Agreements (SEAs).
The below statistics cover the period from 26 June 2020 to 30 June 2021.
Information Number Notes Total number of port State control (PSC) inspections conducted 3189 - Total number of deficiencies issued that relate to seafarer repatriation or SEAs. 359 (to 241 ships) Of the 359 deficiencies:
- 222 deficiencies were issued requiring rectification before the ship's departure (AMSA has received information that these deficiencies have been addressed).
- 120 deficiencies required rectification at a specific port in accordance with an agreed plan, or within 14 days.
- 17 of these ships were detained (see below for more info).
Details of detentions
Since 26 June 2020, seventeen ships have been detained because of MLC related deficiencies.
Five of these (shaded) were directly related to the issues identified in the Marine Notices (04/2020 and 10/2020).
1 April 2021 Yue Dian 85 – The Hong Kong, China flagged bulk carrier was detained in Abbot Point on the 01 April 2021. The ship failed to pay seafarers wages every month in accordance with Seafarer Employment Agreements. 10 March 2021 Ever Brilliant – The Panama flagged bulk carrier was detained in Brisbane on the 10 March 2021.
The ship failed to provide fall preventive equipment or life jackets for crew, despite being advised by the Port State Control Officer.
4 March 2021 Movers 3 – The Panama flagged bulk carrier was detained in Weipa on the 4 March 2021 for several deficiencies including failure to provide suitable quantity and quality of food.
The freezer room was found to be defective, resulting in unsafe and insufficient food for crew. The ship was banned from Australia for 18 months. The operator, Aswan Shipping, was also responsible for Maryam, which was detained in February.
19 Feb 2021 Maryam – The Panama flagged bulk carrier was detained in Port Kembla for multiple deficiencies including breaches of the MLC. The vessel was found to have no electricity or air-conditioning on board the ship. 28 December 2020 Tokyo Bulker - The Panama flagged bulk carrier was detained in Newcastle on 28 December 2020 for a number of issues including 3 seafarers serving 12 months on board. Rectified in accordance with flag State approved repatriation plan. 30 November 2020 Zarnata Express – The Panama flagged container ship was detained in Melbourne on 30 November 2020. The ship failed to provide COVID-19 personal protective equipment (PPE) to seafarers onboard. 13 October 2020 Yangze 8 – The Liberian flagged bulk carrier was detained in Port Kembla on 13 October 2020 for breaches to the Maritime Labour Convention, including incorrect hours of work and rest records and shipboard working arrangements. 5 October 2020 Sofrana Surville - The Liberian flagged container ship was detained in Brisbane on 5 October 2020. Objective evidence was found that indicated more than one set of wage accounts was in use. Seafarers agreed to a single contract and outstanding wages were paid. 25 September 2020 Star Eva – The Maltese bulk carrier was detained in Abbot Point on 25 September 2020. Objective evidence was found that seafarers were not being paid as per their respective Seafarer Employment Agreements (SEAs) and some seafarers were working hours in excess of their SEAs.
Outstanding wages were paid and a rectification action plan provided to ensure seafarers do not work hours beyond their contracts.
17 September 2020 AC Sesoda – The Panama flagged bulk carrier was detained in Mourilyan on 10 September 2020. Objective evidence was found that indicated more than one set of wage accounts in use. Multiple seafarers were found to be systemically underpaid. The ship was banned from Australia for 12 months as of 17 Sep 2020.
7 August 2020 Ben Rinnes –The Marshall Islands flagged bulk carrier was detained in Geelong on 7 August 2020. Two seafarers had served onboard for more than 14 months, with no flag approved/mutually agreed plan for repatriation and leave. Three seafarers were disembarked and repatriated to their home country. 30 July 2020 Unison Jasper – The Hong Kong-flagged bulk carrier was detained in Newcastle on 30 July 2020 for breaches of the Maritime Labour Convention The breaches related to the operation of several sets of wage accounts and conflicting seafarer employment agreements.
On Friday 31 July 2020, 11 crew members were landed ashore and transferred to Sydney for quarantine while they awaited repatriation to their home country. The ship was not permitted to leave Newcastle until the minimum safe manning standards were met to the satisfaction of AMSA and the ship’s flag State.
Due to the systemic nature of the underpayment, the ship was banned from Australia for six months.
30 July 2020 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. 25 July 2020 Agia Sofia - The Liberian flagged bulk carrier was detained due to systemic underpayment of seafarers, with $45,000 AUD owed to the seafarers on board. Due to the systemic nature of the underpayment, the ship was banned from Australia for six months.
24 July 2020 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 banned from Australia for 12 months.
7 July 2020 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 were no plans in place for the repatriation of seafarers. 29 June 2020 SKS Doyles - The Norwegian flagged oil tanker was detained because 11 seafarers were found to have expired seafarer 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).
- Update: 31 May 2021
Information Number Notes Total number of complaints received 227 219 of these have been investigated and resolved to AMSA’s satisfaction.
8 are under investigation and awaiting the ship’s arrival in Australia. Inspections have been scheduled for these vessels.
Nature of complaints:
The following provides an indication of complaints that relate to Seafarer Employment Agreements, repatriation, and time on board.
Some complaints include just one element, and some include all three.
Expired Seafarer Employment Agreements 190 84% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements. Repatriation plans 205 91% of complaints referenced a lack of repatriation plan for one or more seafarers. More than 11 months onboard*
(One or more seafarers)
128 26.6% = 11 months on board
24.2% = 12 months on board
16.4% = 13 months on board
15.6% = 14 months on board
17.2% = 15 months or more on boardThere were no complaints related to this item in April 2021.
*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 the Marine Notices (04/2020 and 10/2020 which are now expired) we have identified the below deficiencies and detentions that are related to the effects COVID-19 has had on seafarer repatriation and SEAs.
The below statistics are valid for the period 26 June 2020 – 31 May 2021.
Information Number Notes Total number of port State control (PSC) inspections conducted 2978 - Total number of deficiencies issued that relate to seafarer repatriation or SEAs. 347
(to 232 ships)Of the 347 deficiencies:
- 217 deficiencies were issued requiring rectification before the ships departure (AMSA has received information that these deficiencies have been addressed).
- 113 deficiencies required rectification at a specific port in accordance with an agreed plan, or within 14 days.
17 of these ships were detained (see below for more info).
Five detentions linked to Marine Notice 04/2020
Since 26 June 2020, seventeen ships have been detained because of MLC related deficiencies. Five of these (in italics) were directly related to the issues identified in the marine notice.
1 April 2021 Yue Dian 85 – The Hong Kong, China flagged bulk carrier was detained in Abbot Point on the 01 April 2021. The ship failed to pay seafarers wages every month in accordance with Seafarer Employment Agreements. 10 March 2021 Ever Brilliant – The Panama flagged bulk carrier was detained in Brisbane on the 10 March 2021. The ship failed to provide fall preventive equipment or life jackets for crew, despite being advised by the PSCO. 4 March 2021
Movers 3 – The Panama flagged bulk carrier was detained in Weipa on the 4 March 2021 for several deficiencies including failure to provide suitable quantity and quality of food. The freezer room was found to be defective, resulting in unsafe and insufficient food for crew. The operator, Aswan Shipping, was also responsible for Maryam, which was detained in February.19 February 2021 Maryam – The Panama flagged bulk carrier was detained in Port Kembla for multiple deficiencies including breaches of the MLC. The vessel was found to have no electricity or air-conditioning on board the ship. 28 December 2020 Tokyo Bulker – The Panama flagged bulk carrier was detained in Newcastle on 28 December 2020 for a number of issues including 3 seafarers serving 12 months on board. Rectified in accordance with flag State approved repatriation plan. 30 November 2020 Zarnata Express – The Panama flagged container ship was detained in Melbourne on 30 November 2020. The ship failed to provide COVID-19 personal protective equipment (PPE) to seafarers onboard 13 October 2020 Yangze 8 – The Liberian flagged bulk carrier was detained in Port Kembla on 13 October 2020 for breaches to the Maritime labour Convention, including incorrect hours of work and rest records and shipboard working arrangements. 5 October 2020 Sofrana Surville - The Liberian flagged container ship was detained in Brisbane on 5 October 2020. Objective evidence was found that indicated more than one set of wage accounts was in use. Seafarers agreed to a single contract and outstanding wages were paid. 25 September 2020 Star Eva – The Maltese bulk carrier was detained in Abbot Point on 25 September 2020. Objective evidence was found that seafarers were not being paid as per their respective Seafarer Employment Agreements (SEAs) and some seafarers were working hours in excess of their SEAs.
Outstanding wages were paid and a rectification action plan provided to ensure seafarers do not work hours beyond their contracts.
17 September 2020 AC Sesoda – The Panama flagged bulk carrier was detained in Mourilyan on 10 September 2020. Objective evidence was found that indicated more than one set of wage accounts in use.
Multiple seafarers were found to be systemically underpaid. The ship was banned from Australia for 12 months as of 17 Sep 2020.
7 August 2020 Ben Rinnes –The Marshall Islands flagged bulk carrier was detained in Geelong on 7 August 2020. Two seafarers had served onboard for more than 14 months, with no flag approved/mutually agreed plan for repatriation and leave. Three seafarers were disembarked and repatriated to their home country. 30 July 2020 Unison Jasper – The Hong Kong-flagged bulk carrier was detained in Newcastle on 30 July 2020 for breaches of the Maritime Labour Convention The breaches related to the operation of several sets of wage accounts and conflicting seafarer employment agreements.
On Friday 31 July 2020, 11 crew members were landed ashore and transferred to Sydney for quarantine while they awaited repatriation to their home country. The ship was not be permitted to leave Newcastle until the minimum safe manning standards were met to the satisfaction of AMSA and the ship’s flag State.
Due to the systemic nature of the underpayment, the ship was directed to not enter or use an Australian port for six months (banned).
30 July 2020 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. 25 July 2020 Agia Sofia- The Liberian flagged bulk carrier was detained due to systemic underpayment of seafarers, with $45,000 AUD owed to the seafarers on board.
Due to the systemic nature of the underpayment, the ship was directed to not enter or use an Australian port for six months (banned).
24 July 2020 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).
7 July 2020 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 were no plans in place for the repatriation of seafarers.
29 June 2020 SKS Doyles- The Norwegian flagged oil tanker was detained because 11 seafarers were found to have expired seafarer 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).
- Update: 30 April 2021
Information Number Notes Total number of complaints received 214 209 of these have been investigated and resolved to AMSA’s satisfaction.
5 are under investigation and awaiting the ship’s arrival in Australia. Inspections have been scheduled for these vessels.
Nature of complaints:
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 183 86% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements. Repatriation plans 194 91% of complaints referenced a lack of repatriation plan for one or more seafarers. More than 11 months onboard*
(One or more seafarers)
126 27.0% = 11 months on board
23.8% = 12 months on board
16.7% = 13 months on board
15.1% = 14 months on board
17.4% = 15 months or more on boardThere were no complaints related to this item in April 2021.
*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 the Marine Notices (04/2020 and 10/2020 which are now expired) we have identified the below deficiencies and detentions that are related to the effects COVID-19 has had on seafarer repatriation and SEAs.
The below statistics are valid for the period 26 June 2020 – 31 April 2021.
Information Number Notes Total number of port State control (PSC) inspections conducted 2710 - Total number of deficiencies issued that relate to seafarer repatriation or SEAs. 322
(to 214 ships)Of the 322 deficiencies:
- 199 deficiencies were issued requiring rectification before the ships departure (AMSA has received information that these deficiencies have been addressed).
- 106 deficiencies required rectification at a specific port in accordance with an agreed plan, or within 14 days.
16 of these ships were detained (see below for more info).
Five detentions linked to Marine Notice 04/2020
Since 26 June 2020, sixteen ships have been detained because of MLC related deficiencies. Five of these (in italics) were directly related to the issues identified in the marine notice.
10 March 2021 Ever Brilliant – The Panama flagged bulk carrier was detained in Brisbane on the 10 March 2021. The ship failed to provide fall preventive equipment or life jackets for crew, despite being advised by the PSCO. 4 March 2021
Movers 3 – The Panama flagged bulk carrier was detained in Weipa on the 4 March 2021 for several deficiencies including failure to provide suitable quantity and quality of food. The freezer room was found to be defective, resulting in unsafe and insufficient food for crew. The operator, Aswan Shipping, was also responsible for Maryam, which was detained in February.19 February 2021 Maryam – The Panama flagged bulk carrier was detained in Port Kembla for multiple deficiencies including breaches of the MLC. The vessel was found to have no electricity or air-conditioning on board the ship. 28 December 2020 Tokyo Bulker – The Panama flagged bulk carrier was detained in Newcastle on 28 December 2020 for a number of issues including 3 seafarers serving 12 months on board. Rectified in accordance with flag State approved repatriation plan. 30 November 2020 Zarnata Express – The Panama flagged container ship was detained in Melbourne on 30 November 2020. The ship failed to provide COVID-19 personal protective equipment (PPE) to seafarers onboard 13 October 2020 Yangze 8 – The Liberian flagged bulk carrier was detained in Port Kembla on 13 October 2020 for breaches to the Maritime labour Convention, including incorrect hours of work and rest records and shipboard working arrangements. 5 October 2020 Sofrana Surville - The Liberian flagged container ship was detained in Brisbane on 5 October 2020. Objective evidence was found that indicated more than one set of wage accounts was in use. Seafarers agreed to a single contract and outstanding wages were paid. 25 September 2020 Star Eva – The Maltese bulk carrier was detained in Abbot Point on 25 September 2020. Objective evidence was found that seafarers were not being paid as per their respective Seafarer Employment Agreements (SEAs) and some seafarers were working hours in excess of their SEAs.
Outstanding wages were paid and a rectification action plan provided to ensure seafarers do not work hours beyond their contracts.
17 September 2020 AC Sesoda – The Panama flagged bulk carrier was detained in Mourilyan on 10 September 2020. Objective evidence was found that indicated more than one set of wage accounts in use.
Multiple seafarers were found to be systemically underpaid. The ship was banned from Australia for 12 months as of 17 Sep 2020.
7 August 2020 Ben Rinnes –The Marshall Islands flagged bulk carrier was detained in Geelong on 7 August 2020. Two seafarers had served onboard for more than 14 months, with no flag approved/mutually agreed plan for repatriation and leave. Three seafarers were disembarked and repatriated to their home country. 30 July 2020 Unison Jasper – The Hong Kong-flagged bulk carrier was detained in Newcastle on 30 July 2020 for breaches of the Maritime Labour Convention The breaches related to the operation of several sets of wage accounts and conflicting seafarer employment agreements.
On Friday 31 July 2020, 11 crew members were landed ashore and transferred to Sydney for quarantine while they awaited repatriation to their home country. The ship was not be permitted to leave Newcastle until the minimum safe manning standards were met to the satisfaction of AMSA and the ship’s flag State.
Due to the systemic nature of the underpayment, the ship was directed to not enter or use an Australian port for six months (banned).
30 July 2020 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. 25 July 2020 Agia Sofia- The Liberian flagged bulk carrier was detained due to systemic underpayment of seafarers, with $45,000 AUD owed to the seafarers on board.
Due to the systemic nature of the underpayment, the ship was directed to not enter or use an Australian port for six months (banned).
24 July 2020 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).
7 July 2020 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 were no plans in place for the repatriation of seafarers.
29 June 2020 SKS Doyles- The Norwegian flagged oil tanker was detained because 11 seafarers were found to have expired seafarer 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).
- Update: 31 March 2021
Information Number Notes Total number of complaints received 206 204 of these have been investigated and resolved to AMSA’s satisfaction.
2 are under investigation and awaiting the ship’s arrival in Australia. Inspections have been scheduled for these vessels.
Nature of complaints:
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 179 89% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements. Repatriation plans 189 92% of complaints referenced a lack of repatriation plan for one or more seafarers. More than 11 months onboard*
(One or more seafarers)
126 27.0% = 11 months on board
23.8% = 12 months on board
16.7% = 13 months on board
15.1% = 14 months on board
17.4% = 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, superseded by 10/2020, we have identified the below deficiencies and detentions that are related to the marine notice.
The below statistics are valid for the period 26 June 2020 – 31 March 2021.
Information Number Notes Total number of port State control (PSC) inspections conducted 2477 - Total number of deficiencies issued that relate to seafarer repatriation or SEAs. 311
(to 205 ships)Of the 311 deficiencies:
- 190 deficiencies were issued requiring rectification before the ships departure (AMSA has received information that these deficiencies have been addressed).
- 104 deficiencies required rectification at a specific port in accordance with an agreed plan, or within 14 days.
16 of these ships were detained (see below for more info).
Five detentions linked to Marine Notice 04/2020
Since 26 June 2020, fourteen ships have been detained because of MLC related deficiencies. Five of these (in italics) were directly related to the issues identified in the marine notice.
10 March 2021 Ever Brilliant – The Panama flagged bulk carrier was detained in Brisbane on the 10 March 2021. The ship failed to provide fall preventive equipment or life jackets for crew, despite being advised by the PSCO. 4 March 2021
Movers 3 – The Panama flagged bulk carrier was detained in Weipa on the 4 March 2021 for several deficiencies including failure to provide suitable quantity and quality of food. The freezer room was found to be defective, resulting in unsafe and insufficient food for crew. The operator, Aswan Shipping, was also responsible for Maryam, which was detained in February.19 February 2021 Maryam – The Panama flagged bulk carrier was detained in Port Kembla for multiple deficiencies including breaches of the MLC. The vessel was found to have no electricity or air-conditioning on board the ship. 28 December 2020 Tokyo Bulker – The Panama flagged bulk carrier was detained in Newcastle on 28 December 2020 for a number of issues including 3 seafarers serving 12 months on board. Rectified in accordance with flag State approved repatriation plan. 30 November 2020 Zarnata Express – The Panama flagged container ship was detained in Melbourne on 30 November 2020. The ship failed to provide COVID-19 personal protective equipment (PPE) to seafarers onboard 13 October 2020 Yangze 8 – The Liberian flagged bulk carrier was detained in Port Kembla on 13 October 2020 for breaches to the Maritime labour Convention, including incorrect hours of work and rest records and shipboard working arrangements. 5 October 2020 Sofrana Surville - The Liberian flagged container ship was detained in Brisbane on 5 October 2020. Objective evidence was found that indicated more than one set of wage accounts was in use. Seafarers agreed to a single contract and outstanding wages were paid. 25 September 2020 Star Eva – The Maltese bulk carrier was detained in Abbot Point on 25 September 2020. Objective evidence was found that seafarers were not being paid as per their respective Seafarer Employment Agreements (SEAs) and some seafarers were working hours in excess of their SEAs.
Outstanding wages were paid and a rectification action plan provided to ensure seafarers do not work hours beyond their contracts.
17 September 2020 AC Sesoda – The Panama flagged bulk carrier was detained in Mourilyan on 10 September 2020. Objective evidence was found that indicated more than one set of wage accounts in use.
Multiple seafarers were found to be systemically underpaid. The ship was banned from Australia for 12 months as of 17 Sep 2020.
7 August 2020 Ben Rinnes –The Marshall Islands flagged bulk carrier was detained in Geelong on 7 August 2020. Two seafarers had served onboard for more than 14 months, with no flag approved/mutually agreed plan for repatriation and leave. Three seafarers were disembarked and repatriated to their home country. 30 July 2020 Unison Jasper – The Hong Kong-flagged bulk carrier was detained in Newcastle on 30 July 2020 for breaches of the Maritime Labour Convention The breaches related to the operation of several sets of wage accounts and conflicting seafarer employment agreements.
On Friday 31 July 2020, 11 crew members were landed ashore and transferred to Sydney for quarantine while they awaited repatriation to their home country. The ship was not be permitted to leave Newcastle until the minimum safe manning standards were met to the satisfaction of AMSA and the ship’s flag State.
Due to the systemic nature of the underpayment, the ship was directed to not enter or use an Australian port for six months (banned).
30 July 2020 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. 25 July 2020 Agia Sofia- The Liberian flagged bulk carrier was detained due to systemic underpayment of seafarers, with $45,000 AUD owed to the seafarers on board.
Due to the systemic nature of the underpayment, the ship was directed to not enter or use an Australian port for six months (banned).
24 July 2020 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).
7 July 2020 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 were no plans in place for the repatriation of seafarers.
29 June 2020 SKS Doyles- The Norwegian flagged oil tanker was detained because 11 seafarers were found to have expired seafarer 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).
- Update: 28 February 2021
Information Number Notes Total number of complaints received 198 195 of these have been investigated and resolved to AMSA’s satisfaction.
3 are under investigation and awaiting the ship’s arrival in Australia. Inspections have been scheduled for these vessels.
Nature of complaints:
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 176 89% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements. Repatriation plans 182 92% of complaints referenced a lack of repatriation plan for one or more seafarers. More than 11 months onboard*
(One or more seafarers)
125 27.2% = 11 months on board
24.0% = 12 months on board
16.0% = 13 months on board
15.2% = 14 months on board
17.6% = 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, superseded by 10/2020, we have identified the below deficiencies and detentions that are related to the marine notice.
The below statistics are valid for the period 26 June 2020 – 28 February 2021.
Information Number Notes Total number of port State control (PSC) inspections conducted 2144 - Total number of deficiencies issued that relate to seafarer repatriation or SEAs. 291
(to 191 ships)Of the 291 deficiencies:
- 175 deficiencies were issued requiring rectification before the ships departure (AMSA has received information that these deficiencies have been addressed).
- 101 deficiencies required rectification at a specific port in accordance with an agreed plan, or within 14 days.
14 of these ships were detained (see below for more info).
Five detentions linked to Marine Notice 04/2020
Since 26 June 2020, fourteen ships have been detained because of MLC related deficiencies. Five of these (in italics) were directly related to the issues identified in the marine notice.
19 February 2021 Maryam – The Panama flagged bulk carrier was detained in Port Kembla for multiple deficiencies including breaches of the MLC. The vessel was found to have no electricity or air-conditioning on board the ship. 28 December 2020 Tokyo Bulker – The Panama flagged bulk carrier was detained in Newcastle on 28 December 2020 for a number of issues including 3 seafarers serving 12 months on board. Rectified in accordance with flag State approved repatriation plan. 30 November 2020 Zarnata Express – The Panama flagged container ship was detained in Melbourne on 30 November 2020. The ship failed to provide COVID-19 personal protective equipment (PPE) to seafarers onboard 13 October 2020 Yangze 8 – The Liberian flagged bulk carrier was detained in Port Kembla on 13 October 2020 for breaches to the Maritime labour Convention, including incorrect hours of work and rest records and shipboard working arrangements. 5 October 2020 Sofrana Surville - The Liberian flagged container ship was detained in Brisbane on 5 October 2020. Objective evidence was found that indicated more than one set of wage accounts was in use. Seafarers agreed to a single contract and outstanding wages were paid. 25 September 2020 Star Eva – The Maltese bulk carrier was detained in Abbot Point on 25 September 2020. Objective evidence was found that seafarers were not being paid as per their respective Seafarer Employment Agreements (SEAs) and some seafarers were working hours in excess of their SEAs.
Outstanding wages were paid and a rectification action plan provided to ensure seafarers do not work hours beyond their contracts.
17 September 2020 AC Sesoda – The Panama flagged bulk carrier was detained in Mourilyan on 10 September 2020. Objective evidence was found that indicated more than one set of wage accounts in use.
Multiple seafarers were found to be systemically underpaid. The ship was banned from Australia for 12 months as of 17 Sep 2020.
7 August 2020 Ben Rinnes –The Marshall Islands flagged bulk carrier was detained in Geelong on 7 August 2020. Two seafarers had served onboard for more than 14 months, with no flag approved/mutually agreed plan for repatriation and leave. Three seafarers were disembarked and repatriated to their home country. 30 July 2020 Unison Jasper – The Hong Kong-flagged bulk carrier was detained in Newcastle on 30 July 2020 for breaches of the Maritime Labour Convention The breaches related to the operation of several sets of wage accounts and conflicting seafarer employment agreements.
On Friday 31 July 2020, 11 crew members were landed ashore and transferred to Sydney for quarantine while they awaited repatriation to their home country. The ship was not be permitted to leave Newcastle until the minimum safe manning standards were met to the satisfaction of AMSA and the ship’s flag State.
Due to the systemic nature of the underpayment, the ship was directed to not enter or use an Australian port for six months (banned).
30 July 2020 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. 25 July 2020 Agia Sofia- The Liberian flagged bulk carrier was detained due to systemic underpayment of seafarers, with $45,000 AUD owed to the seafarers on board.
Due to the systemic nature of the underpayment, the ship was directed to not enter or use an Australian port for six months (banned).
24 July 2020 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).
7 July 2020 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 were no plans in place for the repatriation of seafarers.
29 June 2020 SKS Doyles- The Norwegian flagged oil tanker was detained because 11 seafarers were found to have expired seafarer 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).
- Update: 31 December 2020
Information Number Notes Total number of complaints received 180 179 of these have been investigated and resolved to AMSA’s satisfaction. 1 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 161 90% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements. Repatriation plans 168 93% of complaints referenced a lack of repatriation plan for one or more seafarers. More than 11 months onboard*
(One or more seafarers)
117 26% at least 11 months or more on board
24% at least 12 months or more on board
16% at least 13 months or more on board
15% at least 14 months or more on board
19% 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 June – 31 December2020.
Information Number Notes Total number of port State control (PSC) inspections conducted 1625 - Total number of deficiencies issued that relate to MN04/2020. 267
(to 169 ships)Of the 267 deficiencies:
- 163deficiencies were issued requiring rectification before the ships departure (AMSA has received information that these deficiencies have been addressed).
- 89deficiencies required rectification at a specific port in accordance with an agreed plan, or within 14 days.
14 of these ships were detained (see below for more info).
Thirteen detentions linked to Marine Notice 04/2020
Since the release of Marine Notice 04/2020, twelveships have been detained because of MLC related deficiencies. Fiveof 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 themedia 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 themedia 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. 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.
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 our media release for the banning of this ship.
Ben Rinnes –The Marshall Islands flagged bulk carrier was detained in Geelong on 7 August 2020. Two seafarers had served onboard for more than 14 months, with no flag approved/mutually agreed plan for repatriation and leave. Three seafarers were disembarked in total from the ship and are currently waiting repatriation.
AC Sesoda – The Panama flagged bulk carrier was detained in Mourilyan on 10 September 2020. Objective evidence was found that indicated more than one set of wage accounts in use. Multiple seafarers were found to be systemically underpaid. The AC Sesoda has been banned from Australia for 12 months as of 17 Sep 2020.
Star Eva – The Maltese bulk carrier was detained in Abbot Point on 25 September 2020. Objective evidence was found that seafarers were not being paid as per their respective Seafarer Employment Agreements (SEAs) and some seafarers were working hours in excess of their SEAs. Outstanding wages were paid and a rectification action plan provided to ensure seafarers do not work hours beyond their contracts.
Yangze 8 – The Liberian flagged bulk carrier was detained in Port Kembla on 13 October 2020 for breaches to the Maritime labour Convention. The ship remains under investigation.
Zarnata Express – The Panama flagged container ship was detained in Melbourne on 30 November. The ship failed to provide COVID-19 personal protective equipment (PPE) to seafarers onboard.
- Update: 23December2020
Information Number Notes Total number of complaints received 175 168 of these have been investigated and resolved to AMSA’s satisfaction. 7 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 156 90% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements. Repatriation plans 164 93% of complaints referenced a lack of repatriation plan for one or more seafarers. More than 11 months onboard*
(One or more seafarers)
117 26% at least 11 months or more on board
24% at least 12 months or more on board
16% at least 13 months or more on board
15% at least 14 months or more on board
19% 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 June – 23December2020.
Information Number Notes Total number of port State control (PSC) inspections conducted 1598 - Total number of deficiencies issued that relate to MN04/2020. 257
(to 166 ships)Of the 257 deficiencies:
- 170deficiencies were issued requiring rectification before the ships departure (AMSA has received information that these deficiencies have been addressed).
- 87deficiencies required rectification at a specific port in accordance with an agreed plan, or within 14 days.
12 of these ships were detained (see below for more info).
Twelve detentions linked to Marine Notice 04/2020
Since the release of Marine Notice 04/2020, twelveships have been detained because of MLC related deficiencies. Fiveof 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 themedia 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 themedia 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. 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.
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 our media release for the banning of this ship.
Ben Rinnes –The Marshall Islands flagged bulk carrier was detained in Geelong on 7 August 2020. Two seafarers had served onboard for more than 14 months, with no flag approved/mutually agreed plan for repatriation and leave. Three seafarers were disembarked in total from the ship and are currently waiting repatriation.
AC Sesoda – The Panama flagged bulk carrier was detained in Mourilyan on 10 September 2020. Objective evidence was found that indicated more than one set of wage accounts in use. Multiple seafarers were found to be systemically underpaid. The AC Sesoda has been banned from Australia for 12 months as of 17 Sep 2020.
Star Eva – The Maltese bulk carrier was detained in Abbot Point on 25 September 2020. Objective evidence was found that seafarers were not being paid as per their respective Seafarer Employment Agreements (SEAs) and some seafarers were working hours in excess of their SEAs. Outstanding wages were paid and a rectification action plan provided to ensure seafarers do not work hours beyond their contracts.
Yangze 8 – The Liberian flagged bulk carrier was detained in Port Kembla on 13 October 2020 for breaches to the Maritime labour Convention. The ship remains under investigation.
Zarnata Express – The Panama flagged container ship was detained in Melbourne on 30 November. The ship failed to provide COVID-19 personal protective equipment (PPE) to seafarers onboard.
- Update: 17December2020
Information Number Notes Total number of complaints received 173 166 of these have been investigated and resolved to AMSA’s satisfaction. 7 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 154 90% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements. Repatriation plans 162 93% of complaints referenced a lack of repatriation plan for one or more seafarers. More than 11 months onboard*
(One or more seafarers)
117 26% at least 11 months or more on board
24% at least 12 months or more on board
16% at least 13 months or more on board
15% at least 14 months or more on board
19% 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 June – 17 December2020.
Information Number Notes Total number of port State control (PSC) inspections conducted 1553 - Total number of deficiencies issued that relate to MN04/2020. 251
(to 166 ships)Of the 251 deficiencies:
- 164deficiencies were issued requiring rectification before the ships departure (AMSA has received information that these deficiencies have been addressed).
- 87deficiencies required rectification at a specific port in accordance with an agreed plan, or within 14 days.
12 of these ships were detained (see below for more info).
Twelve detentions linked to Marine Notice 04/2020
Since the release of Marine Notice 04/2020, twelveships have been detained because of MLC related deficiencies. Fiveof 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 themedia 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 themedia 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. AMSAis 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.
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 our media release for the banning of this ship.
Ben Rinnes –The Marshall Islands flagged bulk carrier was detained in Geelong on 7 August 2020. Two seafarers had served onboard for more than 14 months, with no flag approved/mutually agreed plan for repatriation and leave. Three seafarers were disembarked in total from the ship and are currently waiting repatriation.
AC Sesoda – The Panama flagged bulk carrier was detained in Mourilyan on 10 September 2020. Objective evidence was found that indicated more than one set of wage accounts in use. Multiple seafarers were found to be systemically underpaid. The AC Sesoda has been banned from Australia for 12 months as of 17 Sep 2020.
Star Eva – The Maltese bulk carrier was detained in Abbot Point on 25 September 2020. Objective evidence was found that seafarers were not being paid as per their respective Seafarer Employment Agreements (SEAs) and some seafarers were working hours in excess of their SEAs. Outstanding wages were paid and a rectification action plan provided to ensure seafarers do not work hours beyond their contracts.
Yangze 8 – The Liberian flagged bulk carrier was detained in Port Kembla on 13 October 2020 for breaches to the Maritime labour Convention. The ship remains under investigation.
Zarnata Express – The Panama flagged container ship was detained in Melbourne on 30 November. The ship failed to provide COVID-19 personal protective equipment (PPE) to seafarers onboard.
- Update: 10 December 2020
Information Number Notes Total number of complaints received 166 161 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 149 90% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements. Repatriation plans 152 93% of complaints referenced a lack of repatriation plan for one or more seafarers. More than 11 months onboard*
(One or more seafarers)
105 27% at least 11 months or more on board
23% at least 12 months or more on board
14% at least 13 months or more on board
17% at least 14 months or more on board
19% 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 June – 10December2020.
Information Number Notes Total number of port State control (PSC) inspections conducted 1483 - Total number of deficiencies issued that relate to MN04/2020. 246
(to 157 ships)Of the 246 deficiencies:
- 158deficiencies were issued requiring rectification before the ships departure (AMSA has received information that these deficiencies have been addressed).
- 84deficiencies required rectification at a specific port in accordance with an agreed plan, or within 14 days.
12 of these ships were detained (see below for more info).
Twelve detentions linked to Marine Notice 04/2020
Since the release of Marine Notice 04/2020, twelveships have been detained because of MLC related deficiencies. Fiveof 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 themedia 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 themedia 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. AMSAis 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.
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 our media release for the banning of this ship.
Ben Rinnes –The Marshall Islands flagged bulk carrier was detained in Geelong on 7 August 2020. Two seafarers had served onboard for more than 14 months, with no flag approved/mutually agreed plan for repatriation and leave. Three seafarers were disembarked in total from the ship and are currently waiting repatriation.
AC Sesoda – The Panama flagged bulk carrier was detained in Mourilyan on 10 September 2020. Objective evidence was found that indicated more than one set of wage accounts in use. Multiple seafarers were found to be systemically underpaid. The AC Sesoda has been banned from Australia for 12 months as of 17 Sep 2020.
Star Eva – The Maltese bulk carrier was detained in Abbot Point on 25 September 2020. Objective evidence was found that seafarers were not being paid as per their respective Seafarer Employment Agreements (SEAs) and some seafarers were working hours in excess of their SEAs. Outstanding wages were paid and a rectification action plan provided to ensure seafarers do not work hours beyond their contracts.
Yangze 8 – The Liberian flagged bulk carrier was detained in Port Kembla on 13 October 2020 for breaches to the Maritime labour Convention. The ship remains under investigation.
Zarnata Express – The Panama flagged container ship was detained in Melbourne on 30 November. The ship failed to provide COVID-19 personal protective equipment (PPE) to seafarers onboard.
- Update: 3 December2020
Information Number Notes Total number of complaints received 164 158 of these have been investigated and resolved to AMSA’s satisfaction. 6 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 147 90% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements. Repatriation plans 153 93% of complaints referenced a lack of repatriation plan for one or more seafarers. More than 11 months onboard*
(One or more seafarers)
105 27% at least 11 months or more on board
23% at least 12 months or more on board
14% at least 13 months or more on board
17% at least 14 months or more on board
19% 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 June – 3 December2020.
Information Number Notes Total number of port State control (PSC) inspections conducted 1408 - Total number of deficiencies issued that relate to MN04/2020. 242
(to 157 ships)Of the 242 deficiencies:
- 156deficiencies were issued requiring rectification before the ships departure (AMSA has received information that these deficiencies have been addressed).
- 83 deficiencies required rectification at a specific port in accordance with an agreed plan, or within 14 days.
11 of these ships were detained (see below for more info).
Eleven detentions linked to Marine Notice 04/2020
Since the release of Marine Notice 04/2020, elevenships have been detained because of MLC related deficiencies. Fiveof 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 themedia 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 themedia 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. AMSAis 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.
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 our media release for the banning of this ship.
Ben Rinnes –The Marshall Islands flagged bulk carrier was detained in Geelong on 7 August 2020. Two seafarers had served onboard for more than 14 months, with no flag approved/mutually agreed plan for repatriation and leave. Three seafarers were disembarked in total from the ship and are currently waiting repatriation.
AC Sesoda – The Panama flagged bulk carrier was detained in Mourilyan on 10 September 2020. Objective evidence was found that indicated more than one set of wage accounts in use. Multiple seafarers were found to be systemically underpaid. The AC Sesoda has been banned from Australia for 12 months as of 17 Sep 2020.
Star Eva – The Maltese bulk carrier was detained in Abbot Point on 25 September 2020. Objective evidence was found that seafarers were not being paid as per their respective Seafarer Employment Agreements (SEAs) and some seafarers were working hours in excess of their SEAs. Outstanding wages were paid and a rectification action plan provided to ensure seafarers do not work hours beyond their contracts.
Yangze 8 – The Liberian flagged bulk carrier was detained in Port Kembla on 13 October 2020 for breaches to the Maritime labour Convention. The ship remains under investigation.
- Update: 26 November 2020
Information Number Notes Total number of complaints received 158 148 of these have been investigated and resolved to AMSA’s satisfaction. 10 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 141 93% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements. Repatriation plans 147 89% of complaints referenced a lack of repatriation plan for one or more seafarers. More than 11 months onboard*
(One or more seafarers)
105 27% at least 11 months or more on board
23% at least 12 months or more on board
14% at least 13 months or more on board
17% at least 14 months or more on board
19% 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 June – 26November 2020.
Information Number Notes Total number of port State control (PSC) inspections conducted 1348 - Total number of deficiencies issued that relate to MN04/2020. 235
(to 149 ships)Of the 235 deficiencies:
- 153deficiencies were issued requiring rectification before the ships departure (AMSA has received information that these deficiencies have been addressed).
- 79deficiencies required rectification at a specific port in accordance with an agreed plan, or within 14 days.
11 of these ships were detained (see below for more info).
Eleven detentions linked to Marine Notice 04/2020
Since the release of Marine Notice 04/2020, elevenships have been detained because of MLC related deficiencies. Fiveof 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 themedia 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 themedia 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. AMSAis 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.
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 our media release for the banning of this ship.
Ben Rinnes –The Marshall Islands flagged bulk carrier was detained in Geelong on 7 August 2020. Two seafarers had served onboard for more than 14 months, with no flag approved/mutually agreed plan for repatriation and leave. Three seafarers were disembarked in total from the ship and are currently waiting repatriation.
AC Sesoda – The Panama flagged bulk carrier was detained in Mourilyan on 10 September 2020. Objective evidence was found that indicated more than one set of wage accounts in use. Multiple seafarers were found to be systemically underpaid. The AC Sesoda has been banned from Australia for 12 months as of 17 Sep 2020.
Star Eva – The Maltese bulk carrier was detained in Abbot Point on 25 September 2020. Objective evidence was found that seafarers were not being paid as per their respective Seafarer Employment Agreements (SEAs) and some seafarers were working hours in excess of their SEAs. Outstanding wages were paid and a rectification action plan provided to ensure seafarers do not work hours beyond their contracts.
Yangze 8 – The Liberian flagged bulk carrier was detained in Port Kembla on 13 October 2020 for breaches to the Maritime labour Convention. The ship remains under investigation.
- Update: 19 November 2020
Information Number Notes Total number of complaints received 153 146 of these have been investigated and resolved to AMSA’s satisfaction. 7 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 137 90% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements. Repatriation plans 142 93% of complaints referenced a lack of repatriation plan for one or more seafarers. More than 11 months onboard*
(One or more seafarers)
105 27% at least 11 months or more on board
23% at least 12 months or more on board
14% at least 13 months or more on board
17% at least 14 months or more on board
19% 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 June – 19November 2020.
Information Number Notes Total number of port State control (PSC) inspections conducted 1286 - Total number of deficiencies issued that relate to MN04/2020. 231
(to 149 ships)Of the 231 deficiencies:
- 149deficiencies were issued requiring rectification before the ships departure (AMSA has received information that these deficiencies have been addressed).
- 79deficiencies required rectification at a specific port in accordance with an agreed plan, or within 14 days.
11 of these ships were detained (see below for more info).
Eleven detentions linked to Marine Notice 04/2020
Since the release of Marine Notice 04/2020, elevenships have been detained because of MLC related deficiencies. Fiveof 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 themedia 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 themedia 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. AMSAis 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.
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 our media release for the banning of this ship.
Ben Rinnes –The Marshall Islands flagged bulk carrier was detained in Geelong on 7 August 2020. Two seafarers had served onboard for more than 14 months, with no flag approved/mutually agreed plan for repatriation and leave. Three seafarers were disembarked in total from the ship and are currently waiting repatriation.
AC Sesoda – The Panama flagged bulk carrier was detained in Mourilyan on 10 September 2020. Objective evidence was found that indicated more than one set of wage accounts in use. Multiple seafarers were found to be systemically underpaid. The AC Sesoda has been banned from Australia for 12 months as of 17 Sep 2020.
Star Eva – The Maltese bulk carrier was detained in Abbot Point on 25 September 2020. Objective evidence was found that seafarers were not being paid as per their respective Seafarer Employment Agreements (SEAs) and some seafarers were working hours in excess of their SEAs. Outstanding wages were paid and a rectification action plan provided to ensure seafarers do not work hours beyond their contracts.
Yangze 8 – The Liberian flagged bulk carrier was detained in Port Kembla on 13 October 2020 for breaches to the Maritime labour Convention. The ship remains under investigation.
- Update: 12 November 2020
Information Number Notes Total number of complaints received 149 142 of these have been investigated and resolved to AMSA’s satisfaction. 7 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 134 90% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements. Repatriation plans 138 93% of complaints referenced a lack of repatriation plan for one or more seafarers. More than 11 months onboard*
(One or more seafarers)
105 27% at least 11 months or more on board
23% at least 12 months or more on board
14% at least 13 months or more on board
17% at least 14 months or more on board
18% 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 June – 12November 2020.
Information Number Notes Total number of port State control (PSC) inspections conducted 1220 - Total number of deficiencies issued that relate to MN04/2020. 227
(to 147 ships)Of the 227 deficiencies:
- 148deficiencies were issued requiring rectification before the ships departure (AMSA has received information that these deficiencies have been addressed).
- 76deficiencies required rectification at a specific port in accordance with an agreed plan, or within 14 days.
11 of these ships were detained (see below for more info).
Eleven detentions linked to Marine Notice 04/2020
Since the release of Marine Notice 04/2020, elevenships have been detained because of MLC related deficiencies. Fiveof 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 themedia 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 themedia 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. AMSAis 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.
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 our media release for the banning of this ship.
Ben Rinnes –The Marshall Islands flagged bulk carrier was detained in Geelong on 7 August 2020. Two seafarers had served onboard for more than 14 months, with no flag approved/mutually agreed plan for repatriation and leave. Three seafarers were disembarked in total from the ship and are currently waiting repatriation.
AC Sesoda – The Panama flagged bulk carrier was detained in Mourilyan on 10 September 2020. Objective evidence was found that indicated more than one set of wage accounts in use. Multiple seafarers were found to be systemically underpaid. The AC Sesoda has been banned from Australia for 12 months as of 17 Sep 2020.
Star Eva – The Maltese bulk carrier was detained in Abbot Point on 25 September 2020. Objective evidence was found that seafarers were not being paid as per their respective Seafarer Employment Agreements (SEAs) and some seafarers were working hours in excess of their SEAs. Outstanding wages were paid and a rectification action plan provided to ensure seafarers do not work hours beyond their contracts.
Yangze 8 – The Liberian flagged bulk carrier was detained in Port Kembla on 13 October 2020 for breaches to the Maritime labour Convention. The ship remains under investigation.
- Update: 4 November 2020
Information Number Notes Total number of complaints received 146 140 of these have been investigated and resolved to AMSA’s satisfaction. 6 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 131 90% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements. Repatriation plans 135 93% of complaints referenced a lack of repatriation plan for one or more seafarers. More than 11 months onboard*
(One or more seafarers)
104 27% at least 11 months or more on board
23% at least 12 months or more on board
14% at least 13 months or more on board
17% at least 14 months or more on board
18% 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 June – 5 November 2020.
Information Number Notes Total number of port State control (PSC) inspections conducted 1158 - Total number of deficiencies issued that relate to MN04/2020. 222
(to 143 ships)Of the 222 deficiencies:
- 144deficiencies were issued requiring rectification before the ships departure (AMSA has received information that these deficiencies have been addressed).
- 75deficiencies required rectification at a specific port in accordance with an agreed plan, or within 14 days.
11 of these ships were detained (see below for more info).
Eleven detentions linked to Marine Notice 04/2020
Since the release of Marine Notice 04/2020, elevenships have been detained because of MLC related deficiencies. Fiveof 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 themedia 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. 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.
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 our media release for the banning of this ship.
Ben Rinnes –The Marshall Islands flagged bulk carrier was detained in Geelong on 7 August 2020. Two seafarers had served onboard for more than 14 months, with no flag approved/mutually agreed plan for repatriation and leave. Three seafarers were disembarked in total from the ship and are currently waiting repatriation.
AC Sesoda – The Panama flagged bulk carrier was detained in Mourilyan on 10 September 2020. Objective evidence was found that indicated more than one set of wage accounts in use. Multiple seafarers were found to be systemically underpaid. The AC Sesoda has been banned from Australia for 12 months as of 17 Sep 2020.
Star Eva – The Maltese bulk carrier was detained in Abbot Point on 25 September 2020. Objective evidence was found that seafarers were not being paid as per their respective Seafarer Employment Agreements (SEAs) and some seafarers were working hours in excess of their SEAs. Outstanding wages were paid and a rectification action plan provided to ensure seafarers do not work hours beyond their contracts.
Yangze 8 – The Liberian flagged bulk carrier was detained in Port Kembla on 13 October 2020 for breaches to the Maritime labour Convention. The ship remains under investigation.
- Update: 29 October 2020
Information Number Notes Total number of complaints received 143 137 of these have been investigated and resolved to AMSA’s satisfaction. 6 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 128 90% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements. Repatriation plans 133 93% of complaints referenced a lack of repatriation plan for one or more seafarers. More than 11 months onboard*
(One or more seafarers)
104 27% at least 11 months or more on board
23% at least 12 months or more on board
14% at least 13 months or more on board
17% at least 14 months or more on board
18% 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 June – 28October2020.
Information Number Notes Total number of port State control (PSC) inspections conducted 1109 - Total number of deficiencies issued that relate to MN04/2020. 218
(to 140 ships)Of the 218 deficiencies:
- 142deficiencies were issued requiring rectification before the ships departure (AMSA has received information that these deficiencies have been addressed).
- 73deficiencies required rectification at a specific port in accordance with an agreed plan, or within 14 days.
Eleven of these ships were detained (see below for more info).
Eleven detentions linked to Marine Notice 04/2020
Since the release of Marine Notice 04/2020, elevenships have been detained because of MLC related deficiencies. Fiveof 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 themedia 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 themedia 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. AMSAis 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.
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 our media release for the banning of this ship.
Ben Rinnes –The Marshall Islands flagged bulk carrier was detained in Geelong on 7 August 2020. Two seafarers had served onboard for more than 14 months, with no flag approved/mutually agreed plan for repatriation and leave. Three seafarers were disembarked in total from the ship and are currently waiting repatriation.
AC Sesoda – The Panama flagged bulk carrier was detained in Mourilyan on 10 September 2020. Objective evidence was found that indicated more than one set of wage accounts in use. Multiple seafarers were found to be systemically underpaid. The AC Sesoda has been banned from Australia for 12 months as of 17 Sep 2020.
Star Eva – The Maltese bulk carrier was detained in Abbot Point on 25 September 2020. Objective evidence was found that seafarers were not being paid as per their respective Seafarer Employment Agreements (SEAs) and some seafarers were working hours in excess of their SEAs. Outstanding wages were paid and a rectification action plan provided to ensure seafarers do not work hours beyond their contracts.
Yangze 8 – The Liberian flagged bulk carrier was detained in Port Kembla on 13 October 2020 for breaches to the Maritime labour Convention. The ship remains under investigation.
- Update: 22 October 2020
Information Number Notes Total number of complaints received 137 129 of these have been investigated and resolved to AMSA’s satisfaction. 8 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 121 88% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements. Repatriation plans 127 92% of complaints referenced a lack of repatriation plan for one or more seafarers. More than 11 months onboard*
(One or more seafarers)
96 29% at least 11 months or more on board
19% at least 12 months or more on board
15% at least 13 months or more on board
20% at least 14 months or more on board
17% 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 June – 22October2020.
Information Number Notes Total number of port State control (PSC) inspections conducted 1056 - Total number of deficiencies issued that relate to MN04/2020. 213
(to 136 ships)Of the 213 deficiencies:
- 141 deficiencies were issued requiring rectification before the ships departure (AMSA has received information that these deficiencies have been addressed).
- 70 deficiencies required rectification at a specific port in accordance with an agreed plan, or within 14 days.
Eleven of these ships were detained (see below for more info).
Eleven detentions linked to Marine Notice 04/2020
Since the release of Marine Notice 04/2020, elevenships have been detained because of MLC related deficiencies. Five 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 themedia 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. 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.
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 our media release for the banning of this ship.
Ben Rinnes –The Marshall Islands flagged bulk carrier was detained in Geelong on 7 August 2020. Two seafarers had served onboard for more than 14 months, with no flag approved/mutually agreed plan for repatriation and leave. Three seafarers were disembarked in total from the ship and are currently waiting repatriation.
AC Sesoda – The Panama flagged bulk carrier was detained in Mourilyan on 10 September 2020. Objective evidence was found that indicated more than one set of wage accounts in use. Multiple seafarers were found to be systemically underpaid. The AC Sesoda has been banned from Australia for 12 months as of 17 Sep 2020.
Star Eva – The Maltese bulk carrier was detained in Abbot Point on 25 September 2020. Objective evidence was found that seafarers were not being paid as per their respective Seafarer Employment Agreements (SEAs) and some seafarers were working hours in excess of their SEAs. Outstanding wages were paid and a rectification action plan provided to ensure seafarers do not work hours beyond their contracts.
Yangze 8 – The Liberian flagged bulk carrier was detained in Port Kembla on 13 October 2020 for breaches to the Maritime labour Convention. The ship remains under investigation.
- Update: 16 October 2020
Information Number Notes Total number of complaints received 129 122 of these have been investigated and resolved to AMSA’s satisfaction. 7 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 113 87% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements. Repatriation plans 119 93% of complaints referenced a lack of repatriation plan for one or more seafarers. More than 11 months onboard*
(One or more seafarers)
91 30% at least 11 months or more on board
18% at least 12 months or more on board
15% at least 13 months or more on board
21% 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 June – 16October2020.
Information Number Notes Total number of port State control (PSC) inspections conducted 1002 - Total number of deficiencies issued that relate to MN04/2020. 177
(to 122 ships)Of the 165 deficiencies:
- 118deficiencies were issued requiring rectification before the ships departure (AMSA has received information that these deficiencies have been addressed).
- 47deficiencies required rectification at a specific port in accordance with an agreed plan, or within 14 days.
Eleven of these ships were detained (see below for more info).
Eleven detentions linked to Marine Notice 04/2020
Since the release of Marine Notice 04/2020, elevenships have been detained because of MLC related deficiencies. Fiveof 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 themedia 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 themedia 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. AMSAis 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.
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 our media release for the banning of this ship.
Ben Rinnes –The Marshall Islands flagged bulk carrier was detained in Geelong on 7 August 2020. Two seafarers had served onboard for more than 14 months, with no flag approved/mutually agreed plan for repatriation and leave. Three seafarers were disembarked in total from the ship and are currently waiting repatriation.
AC Sesoda – The Panama flagged bulk carrier was detained in Mourilyan on 10 September 2020. Objective evidence was found that indicated more than one set of wage accounts in use. Multiple seafarers were found to be systemically underpaid. The AC Sesoda has been banned from Australia for 12 months as of 17 Sep 2020.
Ocean Rainbow – The Panama flagged bulk carrier was detained in Kwinana on 23 September 2020. Multiple seafarers refused to sign contract extensions. Seafarers were repatriated who wished to sign off.
Star Eva – The Maltese bulk carrier was detained in Abbot Point on 25 September 2020. Objective evidence was found that seafarers were not being paid as per their respective Seafarer Employment Agreements (SEAs ) and some seafarers were working hours in excess of their SEAs. Outstanding wages were paid and a rectification action plan provided to ensure seafarers do not work hours beyond their contracts.
Yangze 8 – The Liberian flagged bulk carrier was detained in Port Kembla on 13 October 2020 for breaches to the Maritime labour Convention. The ship remains under investigation.
- Update: 8 October 2020
Information Number Notes Total number of complaints received 125 120 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 109 87% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements. Repatriation plans 117 93% of complaints referenced a lack of repatriation plan for one or more seafarers. More than 11 months onboard*
(One or more seafarers)
90 30% at least 11 months or more on board
18% at least 12 months or more on board
15% at least 13 months or more on board
21% 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 June – 8 October2020.
Information Number Notes Total number of port State control (PSC) inspections conducted 949 - Total number of deficiencies issued that relate to MN04/2020. 165
(to 119 ships)Of the 165 deficiencies:
- 118deficiencies were issued requiring rectification before the ships departure (AMSA has received information that these deficiencies have been addressed).
- 47deficiencies required rectification at a specific port in accordance with an agreed plan, or within 14 days.
Ten of these ships were detained (see below for more info).
MN04/2020 linked detentions. 10 Since the release of Marine Notice 04/2020, tenships have been detained because of MLC related deficiencies. Four 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 themedia 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 themedia 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.Ben Rinnes –The Marshall Islands flagged bulk carrier was detained in Geelong on 7 August 2020. Two seafarers had served onboard for more than 14 months, with no flag approved/mutually agreed plan for repatriation and leave. Three seafarers were disembarked in total from the ship and are currently waiting repatriation.
AC Sesoda – The Panama flagged bulk carrier was detained in Mourilyan on 10 September 2020. Objective evidence was found that indicated more than one set of wage accounts in use. Multiple seafarers were found to be systemically underpaid. The AC Sesoda has been banned from Australia for 12 months as of 17 Sep 2020.
Ocean Rainbow – The Panama flagged bulk carrier was detained in Kwinana on 23 September 2020. Multiple seafarers refused to sign contract extensions. Seafarers were repatriated who wished to sign off.
Star Eva – The Maltese bulk carrier was detained in Abbot Point on 25 September 2020. Objective evidence was found that seafarers were not being paid as per their respective Seafarer Employment Agreements (SEAs ) and some seafarers were working hours in excess of their SEAs. Outstanding wages were paid and a rectification action plan provided to ensure seafarers do not work hours beyond their contracts.
- Update: 1 October 2020
Information Number Notes Total number of complaints received 121 117 of these have been investigated and resolved to AMSA’s satisfaction. 4 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 104 86% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements. Repatriation plans 112 93% of complaints referenced a lack of repatriation plan for one or more seafarers. More than 11 months onboard*
(One or more seafarers)
87 27% at least 11 months or more on board
19% at least 12 months or more on board
15% at least 13 months or more on board
22% at least 14 months or more on board
17% 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 June – 30 September 2020.
Information Number Notes Total number of port State control (PSC) inspections conducted 866 - Total number of deficiencies issued that relate to MN04/2020. 159
(to 113 ships)Of the 159 deficiencies:
- 114deficiencies were issued requiring rectification before the ships departure (AMSA has received information that these deficiencies have been addressed).
- 45deficiencies required rectification at a specific port in accordance with an agreed plan, or within 14 days.
Ten of these ships were detained (see below for more info).
MN04/2020 linked detentions. 10 Since the release of Marine Notice 04/2020, ten ships have been detained because of MLC related deficiencies. Four 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 themedia 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 themedia 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.Ben Rinnes –The Marshall Islands flagged bulk carrier was detained in Geelong on 7 August 2020. Two seafarers had served onboard for more than 14 months, with no flag approved/mutually agreed plan for repatriation and leave. Three seafarers were disembarked in total from the ship and are currently waiting repatriation.
AC Sesoda – The Panama flagged bulk carrier was detained in Mourilyan on 10 September 2020. Objective evidence was found that indicated more than one set of wage accounts in use. Multiple seafarers were found to be systemically underpaid. The AC Sesoda has been banned from Australia for 12 months as of 17 Sep 2020.
Ocean Rainbow – The Panama flagged bulk carrier was detained in Kwinana on 23 September 2020. Multiple seafarers refused to sign contract extensions. Seafarers were repatriated who wished to sign off.
Star Eva – The Maltese bulk carrier was detained in Abbot Point on 25 September 2020. Objective evidence was found that seafarers were not being paid as per their respective Seafarer Employment Agreements (SEAs ) and some seafarers were working hours in excess of their SEAs. Outstanding wages were paid and a rectification action plan provided to ensure seafarers do not work hours beyond their contracts.
- Update: 25 September 2020
Information Number Notes Total number of complaints received 118 113 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 102 86% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements. Repatriation plans 110 93% of complaints referenced a lack of repatriation plan for one or more seafarers. More than 11 months onboard*
(One or more seafarers)
86 27% at least 11 months or more on board
19% at least 12 months or more on board
15% at least 13 months or more on board
22% at least 14 months or more on board
17% 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 June – 23September 2020.
Information Number Notes Total number of port State control (PSC) inspections conducted 809 - Total number of deficiencies issued that relate to MN04/2020. 153
(to 108 ships)Of the 153 deficiencies:
- 112deficiencies were issued requiring rectification before the ships departure (AMSA has received information that these deficiencies have been addressed).
- 41 deficiencies required rectification at a specific port in accordance with an agreed plan, or within 14 days.
Eight of these ships were detained (see below for more info).
MN04/2020 linked detentions. 8 Since the release of Marine Notice 04/2020, eightships have been detained because of MLC related deficiencies. Four 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 themedia 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 themedia 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.Ben Rinnes –The Marshall Islands flagged bulk carrier was detained in Geelong on 7 August 2020. Two seafarers had served onboard for more than 14 months, with no flag approved/mutually agreed plan for repatriation and leave. Three seafarers were disembarked in total from the ship and are currently waiting repatriation.
AC Sesoda – The Panama flagged bulk carrier was detained in Mourilyan on 10 September 2020. Objective evidence was found that indicated more than one set of wage accounts in use. Multiple seafarers were found to be systemically underpaid. The AC Sesoda has been banned from Australia for 12 months as of 17 Sep 2020.
- Update: 17 September 2020
Information Number Notes Total number of complaints received 117 107 of these have been investigated and resolved to AMSA’s satisfaction. 10are 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 101 86% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements. Repatriation plans 109 93% of complaints referenced a lack of repatriation plan for one or more seafarers. More than 11 months onboard*
(One or more seafarers)
86 27% at least 11 months or more on board
19% at least 12 months or more on board
15% at least 13 months or more on board
22% at least 14 months or more on board
17% 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 June – 16September 2020.
Information Number Notes Total number of port State control (PSC) inspections conducted 748 - Total number of deficiencies issued that relate to MN04/2020. 145
(to 100 ships)Of the 145 deficiencies:
- 107deficiencies were issued requiring rectification before the ships departure (AMSA has received information that these deficiencies have been addressed).
- 38 deficiencies required rectification at a specific port in accordance with an agreed plan, or within 14 days.
Eight of these ships were detained (see below for more info).
MN04/2020 linked detentions. 8 Since the release of Marine Notice 04/2020, eightships have been detained because of MLC related deficiencies. Four 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 themedia 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 themedia 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.Ben Rinnes –The Marshall Islands flagged bulk carrier was detained in Geelong on 7 August 2020. Two seafarers had served onboard for more than 14 months, with no flag approved/mutually agreed plan for repatriation and leave. Three seafarers were disembarked in total from the ship and are currently waiting repatriation.
AC Sesoda – The Panama flagged bulk carrier was detained in Mourilyan on 10 September 2020. Objective evidence was found that indicated more than one set of wage accounts in use. Multiple seafarers were found to be systemically underpaid. The AC Sesoda has been banned from Australia for 12 months as of 17 Sep 2020.
- Update: 10 September 2020
Information Number Notes Total number of complaints received 108 98 of these have been investigated and resolved to AMSA’s satisfaction. 10are 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 92 85% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements. Repatriation plans 100 92% of complaints referenced a lack of repatriation plan for one or more seafarers. More than 11 months onboard*
(One or more seafarers)
82 28% at least 11 months or more on board
19% at least 12 months or more on board
14% at least 13 months or more on board
22% at least 14 months or more on board
17% 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 June – 09September 2020.
Information Number Notes Total number of port State control (PSC) inspections conducted 679 - Total number of deficiencies issued that relate to MN04/2020. 139
(to 95 ships)Of the 139 deficiencies:
- 101deficiencies were issued requiring rectification before the ships departure (AMSA has received information that these deficiencies have been addressed).
- 98 deficiencies required rectification at a specific port in accordance with an agreed plan, or within 14 days.
Seven of these ships were detained (see below for more info).
MN04/2020 linked detentions. 7 Since the release of Marine Notice 04/2020, seven ships have been detained because of MLC related deficiencies. Four 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 themedia 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 themedia 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.Ben Rinnes –The Marshall Islands flagged bulk carrier was detained in Geelong on 7 August 2020. Two seafarers had served onboard for more than 14 months, with no flag approved/mutually agreed plan for repatriation and leave. Three seafarers were disembarked in total from the ship and are currently waiting repatriation.
- Update: 3 September 2020
Information Number Notes Total number of complaints received 104 90 of these have been investigated and resolved to AMSA’s satisfaction. 14are 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 88 84% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements. Repatriation plans 96 92% of complaints referenced a lack of repatriation plan for one or more seafarers. More than 11 months onboard*
(One or more seafarers)
78 28% at least 11 months or more on board
20% at least 12 months or more on board
15% at least 13 months or more on board
20% at least 14 months or more on board
17% 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 June – 02 September 2020.
Information Number Notes Total number of port State control (PSC) inspections conducted 600 - Total number of deficiencies issued that relate to MN04/2020. 134
(to 89 ships)Of the 134 deficiencies:
- 98deficiencies were issued requiring rectification before the ships departure (AMSA has received information that these deficiencies have been addressed).
- 36deficiencies required rectification at a specific port in accordance with an agreed plan, or within 14 days.
Seven of these ships were detained (see below for more info).
MN04/2020 linked detentions. 7 Since the release of Marine Notice 04/2020, seven ships have been detained because of MLC related deficiencies. Four 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 AMSA’s 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 AMSA’s 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.Ben Rinnes –The Marshall Islands flagged bulk carrier was detained in Geelong on 7 August 2020. Two seafarers had served onboard for more than 14 months, with no flag approved/mutually agreed plan for repatriation and leave. Three seafarers were disembarked in total from the ship and are currently waiting repatriation.
- Update: 27 August 2020
Information Number Notes Total number of complaints received 94 81 of these have been investigated and resolved to AMSA’s satisfaction. 13are 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 79 81% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements. Repatriation plans 87 90% of complaints referenced a lack of repatriation plan for one or more seafarers. More than 11 months onboard*
(One or more seafarers)
74 27% at least 11 months or more on board
20% at least 12 months or more on board
15% 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 June – 26 August 2020.
Information Number Notes Total number of port State control (PSC) inspections conducted 520 - Total number of deficiencies issued that relate to MN04/2020. 129
(to 84 ships)Of the 129 deficiencies:
- 95 deficiencies were issued requiring rectification before the ships departure (AMSA has received information that these deficiencies have been addressed).
- 34 deficiencies required rectification at a specific port in accordance with an agreed plan, or within 14 days.
Seven of these ships were detained (see below for more info).
MN04/2020 linked detentions. 7 Since the release of Marine Notice 04/2020, seven ships have been detained because of MLC related deficiencies. Four 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 AMSA’s 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 AMSA’s 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.Ben Rinnes –The Marshall Islands flagged bulk carrier was detained in Geelong on 7 August 2020. Two seafarers had served onboard for more than 14 months, with no flag approved/mutually agreed plan for repatriation and leave. Three seafarers were disembarked in total from the ship and are currently waiting repatriation.
- Update: 20 August 2020
Information Number Notes Total number of complaints received 86 70 of these have been investigated and resolved to AMSA’s satisfaction. 16 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 72 81% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements. Repatriation plans 79 90% of complaints referenced a lack of repatriation plan for one or more seafarers. More than 11 months onboard*
(One or more seafarers)
71 25% at least 11 months or more on board
21% at least 12 months or more on board
16% 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 June – 20 August 2020.
Information Number Notes Total number of port State control (PSC) inspections conducted 446 - Total number of deficiencies issued that relate to MN04/2020. 113(to 70 ships) Of the 113 deficiencies:
- 84 deficiencies were issued requiring rectification before the ships departure (AMSA has received information that these deficiencies have been addressed).
- 29 deficiencies required rectification at a specific port in accordance with an agreed plan, or within 14 days.
Seven of these ships were detained (see below for more info).
MN04/2020 linked detentions. 7 Since the release of Marine Notice 04/2020, seven ships have been detained because of MLC related deficiencies. Four 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 AMSA’s 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 AMSA’s 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.Ben Rinnes –The Marshall Islands flagged bulk carrier was detained in Geelong on 7 August 2020. Two seafarers had served onboard for more than 14 months, with no flag approved/mutually agreed plan for repatriation and leave. Three seafarers were disembarked in total from the ship and are currently waiting repatriation.
- Update: 13 August 2020
Information Number Notes Total number of complaints received 74 67 of these have been investigated and resolved to AMSA’s satisfaction. 7 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 60 81% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements. Repatriation plans 67 90% of complaints referenced a lack of repatriation plan for one or more seafarers. More than 11 months onboard*
(One or more seafarers)
59 25% at least 11 months or more on board
17% at least 12 months or more on board
17% at least 13 months or more on board
22% at least 14 months or more on board
19% 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 June – 12 August 2020.
Information Number Notes Total number of port State control (PSC) inspections conducted 373 - Total number of deficiencies issued that relate to MN04/2020 104
(to 64 ships)Of the 104 deficiencies:
- 81 deficiencies were issued requiring rectification before the ships departure (AMSA has received information that these deficiencies have been addressed).
- 23 deficiencies required rectification at a specific port in accordance with an agreed plan, or within 14 days.
Seven of these ships were detained (see below for more info).
MN04/2020 linked detentions 7 Since the release of Marine Notice 04/2020, seven ships have been detained because of MLC related deficiencies. Four 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 AMSA’s 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 AMSA’s 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.Ben Rinnes –The Marshall Islands flagged bulk carrier was detained in Geelong on 7 August 2020. Two seafarers had served onboard for more than 14 months, with no flag approved/mutually agreed plan for repatriation and leave. Three seafarers were disembarked in total from the ship and are currently waiting repatriation.
- 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 themedia 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.
- 30 July 2020
Information
Number
Notes
Total number complaints received 55 47 of these have been investigated and resolved to AMSA’s satisfaction 8 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 42 76% of complaints referenced expired, invalid, or extended Seafarer Employment Agreements. Repatriation plans 49 89% of complaints referenced a lack of repatriation plan for one or more seafarers. More than 11 months onboard*
(One or more seafarers)
40 27.5% at least 11 months or more on board
15% at least 12 months or more on board
20% at least 13 months or more on board
22.5% at least 14 months or more on board
15% 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, were for 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.Wemay also contact the shipowner, master or agent via email to resolve the complaint. Where serious concerns are found, wewill 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 –29 July 2020.
Information
Number
Notes
Total number of port State control (PSC) Inspections conducted 258 - Total number of deficiencies issued that relate to MN04/2020 78
(to 48 ships)
Of the 78 deficiencies:
- 57 deficiencies were issued requiring rectification before the ships departure (AMSA has received information that these deficiencies have been addressed)
- 21 deficiencies required rectification at a specific port in accordance with an agreed flag State plan, or within 14 days.
Four ships were detained (see below for more info)
MN04/2020 linked detentions 4 Since the release of Marine notice 04/2020, four ships have been detained because of MLC related deficiencies. Two 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 ourmedia 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 our media release for the banning of this ship.