Commonwealth Numbered Acts Commonwealth Numbered Acts
Shipping Registration Act 1981
1 Subsection 3(1)
Insert:
"coastal trading" has the same meaning as in the Coastal Trading (Revitalising Australian Shipping) Act 2012 .
2 Subsection 3(1)
Insert:
"employee organisation" means:
(a) an organisation registered under the Fair Work (Registered Organisations) Act 2009 ; or
(b) an organisation recognised under a law of a foreign country as entitled to represent the industrial interests of seafarers.
3 Subsection 3(1)
Insert:
"harbour" means a natural or artificial harbour, and includes an estuary, navigable river, creek, channel, haven, roadstead, dock, pier, jetty, offshore terminal or other place in or at which vessels can obtain shelter or load and unload goods or embark and disembark passengers.
4 Subsection 3(1)
Insert:
"international trading" has the meaning given by section 61AB.
5 Subsection 3(1)
Insert:
"ITF template agreement" means a standard form of agreement that:
(a) relates to the working conditions of seafarers; and
(b) is formulated by the International Transport Workers' Federation; and
(c) is known as the International Transport Workers' Federation Uniform Total Crew Cost Collective Agreement; and
(d) is available on the Authority's website, or is otherwise available (without charge) from the Authority.
6 Subsection 3(1)
Insert:
"intra-State trading" : a ship is used to engage in intra-State trading if, for or in connection with a commercial activity, the ship:
(a) takes on board passengers or cargo at a port in a State or Territory; and
(b) carries those passengers or that cargo to another port in the same State or Territory where:
(i) some or all of those passengers disembark; or
(ii) some or all of that cargo is unloaded.
7 Subsection 3(1)
Insert:
"Navigation Act" means the Navigation Act 1912 .
8 Subsection 3(1) (definition of owner )
Repeal the definition, substitute:
"owner" of a ship:
(a) except in sections 8, 11A, 12, 30 and 58 and in Parts VA and VI--means a person registered as owner in accordance with the regulations; and
(b) in sections 8, 12, 30 and 58--has its ordinary meaning; and
(c) in section 11A and Part VA--has the same meaning as in the Navigation Act; and
(d) in Part VI--has the meaning given by section 62.
9 Subsection 3(1)
Insert:
"port" includes a harbour.
10 Subsection 3(1)
Insert:
"seafarer" means any person who is employed or works in any capacity on board a ship on the business of the ship, other than the following:
(a) a pilot;
(b) an owner of the ship or a person representing the owner;
(c) law enforcement personnel;
(d) special personnel (within the meaning of section 283 of the Navigation Act) in relation to the ship;
(e) a person temporarily employed on the ship in port;
(f) a person prescribed by the regulations.
11 Subsection 3(1)
Insert:
"seafarers' bargaining unit , for a ship, " has the meaning given by subsection 11A(2).
12 Section 11A
Repeal the section, substitute:
11A Collective agreement with the seafarers' bargaining unit
(1) The owner of a ship may make an agreement (a collective agreement ) with the seafarers' bargaining unit for the ship about the terms and conditions of employment or engagement of all the seafarers working on board the ship when it is used to engage in international trading.
Note: Before a ship can be registered in the International Register, the owner of the ship must make a collective agreement under subsection (1): see paragraph 15F(3)(b).
(2) The seafarers' bargaining unit for a ship is a body consisting of a representative from each employee organisation that:
(a) has, as a member, one or more seafarers who will work on the ship when it is used to engage in international trading; and
(b) is entitled to represent the industrial interests of those seafarers in relation to that work; and
(c) has given written notice to the owner of the ship that it wishes to be a member of the body and has not withdrawn that notice.
(3) The regulations may prescribe requirements in relation to the making of a collective agreement under this section.
(4) The Fair Work Act 2009 does not apply in relation to the making of a collective agreement under this section, and a collective agreement under this section is not an enterprise agreement for the purposes of that Act.
13 After Part V
Insert:
Division 1 -- Application of other laws to International Register ships
61AA Application of other laws to International Register ships
If a ship is registered in the International Register, then:
(a) the Fair Work Act 2009 does not apply in relation to when the ship is used to engage in international trading; and
(b) the Seafarers Rehabilitation and Compensation Act 1992 does not apply in relation to the ship at any time; and
(c) any legislation of a State or Territory that:
(i) provides for workers' compensation; or
(ii) is prescribed by the regulations;
does not apply in relation to the ship at any time.
61AB When is a ship used to engage in international trading?
(1) A ship is used to engage in international trading if, for or in connection with a commercial activity:
(a) the ship:
(i) takes on board passengers or cargo at one or more ports in Australia; and
(ii) carries some or all of the passengers or cargo to one or more ports in one or more foreign countries; or
(b) the ship:
(i) takes on board passengers or cargo at one or more ports in one or more foreign countries; and
(ii) carries all of the passengers or cargo to one or more ports in one or more countries (which could be the same foreign country, another foreign country or Australia); or
(c) the ship undertakes an activity for, or in connection with, an activity referred to in paragraph (a) or (b).
(2) However, a ship is not used to engage in international trading at any time it is used to engage in:
(a) coastal trading; or
(b) intra-State trading.
Subdivision A -- Application of this Division
61AC Application of this Division
This Division applies to:
(a) a ship that is registered in the International Register; and
(b) a seafarer working, or proposing to work, on board the ship when it is used to engage in international trading.
Subdivision B -- Requirements that apply to work agreements
61AD Work agreement must comply with this Division
(1) In addition to the requirements of section 45A of the Navigation Act that a work agreement of a seafarer must comply with, the owner of the ship must ensure that the work agreement complies with the requirements of this Division when the ship is used to engage in international trading.
Civil penalty: 300 penalty units.
(2) Subsection (1) applies to the extent that the agreement applies to the seafarer while he or she is working on board the ship when it is used to engage in international trading.
(1) The work agreement must specify the amount of the seafarer's wages, or the method for working that out.
(2) The amount of the wages must not be less than the relevant amount of wages determined by the Minister under subsection (3).
(3) The Minister must, by legislative instrument, determine the amount of wages of seafarers performing particular types of work.
(4) If, when making a determination under subsection (3):
(a) there is an ITF template agreement; and
(b) the ITF template agreement specifies an amount of wages of seafarers performing particular types of work;
then the amount of wages determined by the Minister under subsection (3) for a particular type of work must not be less than the amount of wages specified in the ITF template agreement for that type of work.
(5) If, after the Minister makes a determination under subsection (3), the ITF template agreement changes, then as soon as is reasonably practicable after becoming aware of that:
(a) the Minister must, by legislative instrument, revoke the determination made under subsection (3); and
(b) the Minister must make a new determination under subsection (3).
(1) The work agreement must provide that the seafarer is entitled to at least 2.5 days of paid annual leave for each month of service on board the ship.
Calculating service
(2) For the purposes of subsection (1), a period of service by the seafarer on board the ship is a period during which the seafarer is employed or engaged in relation to the ship, but does not include:
(a) any period of unauthorised absence; or
(b) any period of unpaid leave.
Paid annual leave not to include other absences
(3) The work agreement must not provide that the seafarer is on paid annual leave during any of the following periods:
(a) a period that is a public holiday in the Australian Capital Territory;
(b) a period during which the seafarer is incapacitated for work as a result of illness or injury;
(c) a period of any other type of absence authorised under the work agreement.
61AG Dispute resolution procedure
(1) The work agreement must provide for a procedure for settling disputes about any matters arising in relation to the agreement, this Part or Part II of the Navigation Act.
(2) The procedure must:
(a) entitle the seafarer to make a complaint directly to the master of the ship and, if the seafarer considers it necessary, to an independent person or body specified in the agreement; and
(b) entitle the seafarer to be accompanied or represented by another person during the complaint process; and
(c) comply with any other requirements prescribed by the regulations.
Subdivision C -- Effect of other agreements on the work agreement
61AH Effect of collective agreement with the seafarers' bargaining unit
(1) This section applies while a collective agreement made under section 11A between the owner of the ship and the seafarers' bargaining unit for the ship is in force.
(2) The work agreement referred to in section 45A of the Navigation Act, to the extent that the work agreement applies to the seafarer while he or she is working on board the ship when it is used to engage in international trading, is taken to include the terms and conditions of the collective agreement.
Note: It does not matter whether the work agreement was made before or after the collective agreement was made.
(3) However, a term or condition of the collective agreement that is included in the work agreement because of subsection (2) has no effect to the extent that it is less beneficial to the seafarer than another term or condition of the work agreement.
61AI Effect of other agreements
(1) This section applies if:
(a) on or after the commencement of this section, the owner of the ship makes an agreement with another person or persons about the terms and conditions of employment or engagement of one or more seafarers working on board the ship when it is used to engage in international trading; and
(b) the agreement is not a work agreement referred to in section 45A of the Navigation Act; and
(c) the agreement is not a collective agreement made under section 11A.
(2) If the work agreement referred to in section 45A of the Navigation Act incorporates any of the terms or conditions of the agreement referred to in paragraph (1)(a), then those terms or conditions have no effect to the extent that they apply to the seafarer while he or she is working on board the ship when it is used to engage in international trading.
Subdivision D -- Enforcement of work agreement in relation to wages and annual leave
The owner of the ship must ensure that any wages that are payable to the seafarer under the seafarer's work agreement are paid to the seafarer.
Civil penalty: 300 penalty units.
61AK Annual leave may be taken
The owner of the ship must ensure that the seafarer is entitled to take any paid annual leave that the seafarer is entitled to take under the seafarer's work agreement.
Civil penalty: 300 penalty units.
Division 3 -- Protection against victimisation of seafarers
61AL Protection against victimisation
(1) This section applies to:
(a) a ship that is registered in the International Register; and
(b) a seafarer who works, or a prospective seafarer who proposes to work, on board the ship when it is used to engage in international trading.
(2) A person must not victimise the seafarer because the seafarer:
(a) has made, proposes to make, or at any time has proposed to make a complaint under the dispute resolution procedure in the seafarer's work agreement (unless the complaint is manifestly vexatious or maliciously made); or
(b) has refused to make, proposes to refuse to make, or at any time has proposed to refuse to make a complaint under the dispute resolution procedure in the seafarer's work agreement; or
(c) has participated, proposes to participate, or at any time has proposed to participate in collective bargaining; or
(d) has refused to participate, proposes to refuse to participate, or at any time has refused to participate in collective bargaining; or
(e) has exercised, proposes to exercise, or at any time has proposed to exercise the right to organise and to take industrial action; or
(f) has refused to exercise, proposes to refuse to exercise, or at any time has proposed to refuse to exercise the right to organise and to take industrial action; or
(g) has joined, proposes to join, or at any time has proposed to join an employee organisation; or
(h) has refused to join, proposes to refuse to join, or at any time has proposed to refuse to join an employee organisation; or
(i) has participated, proposes to participate, or at any time has proposed to participate in the activities of an employee organisation; or
(j) has refused to participate, proposes to refuse to participate, or at any time has proposed to refuse to participate in the activities of an employee organisation; or
(k) has requested, proposes to request, or at any time has proposed to request representation by an employee organisation; or
(l) has refused, proposes to refuse, or at any time has proposed to refuse representation by an employee organisation.
Civil penalty: 300 penalty units.
(3) For the purposes of subsection (2), a person victimises a seafarer if the person:
(a) dismisses, or threatens or organises to dismiss, the seafarer; or
(b) injures, or threatens or organises to injure, the seafarer in his or her employment or engagement on board a ship; or
(c) alters the position of, or threatens or organises to alter the position of, the seafarer to the seafarer's prejudice; or
(d) discriminates, or threatens or organises to discriminate, between the seafarer and other seafarers; or
(e) refuses, or threatens or organises to refuse, to employ the seafarer on board a ship.
Division 4 -- Injury etc. of seafarers
61AM Compulsory insurance for death or long-term disability
(1) The owner of a ship that is registered in the International Register must have a policy of insurance or indemnity that:
(a) insures or indemnifies the owner for any liability of the owner to pay compensation for the death or long-term disability suffered by a seafarer as a result of sickness or injury occurring while on board the ship; and
(b) provides a level of insurance or indemnity that is sufficient to cover the amount of compensation that is determined by the Minister under subsection (2).
Civil penalty: 300 penalty units.
(2) The Minister must, by legislative instrument, determine the amount of compensation for the death or long-term disability suffered by a seafarer as a result of sickness or injury occurring while on board the ship.
(3) If:
(a) there is an ITF template agreement; and
(b) the ITF template agreement specifies an amount of compensation for the death or long-term disability of a seafarer, or a method for working that out;
then the amount of compensation determined by the Minister under subsection (2) for the death or long-term disability of a seafarer must not be less than the amount of compensation specified in, or worked out under, the ITF template agreement for the death or long-term disability of the seafarer.
(4) If, after the Minister makes a determination under subsection (2), the ITF template agreement changes, then as soon as is reasonably practicable after becoming aware of that:
(a) the Minister must, by legislative instrument, revoke the determination made under subsection (2); and
(b) the Minister must make a new determination under subsection (2).
61AN Liability for medical attendance etc.
(1) This section applies if the owner of a ship that is registered in the International Register would, apart from subsection (2), be liable under section 127 of the Navigation Act to pay expenses relating to a hurt or injury received, disease contracted or illness suffered by a seafarer while on board the ship when it was used to engage in international trading.
(2) Any liability of the owner under that section ceases on the earlier of the following days:
(a) the day after the seafarer has recovered;
(b) the day that is 16 weeks after the first day the seafarer received the hurt or injury, contracted the disease or suffered the illness.
61AO Liability for wages of sick or injured seafarers
(1) This section applies if the owner of a ship that is registered in the International Register would, apart from subsection (2), be liable under section 132 of the Navigation Act to pay wages to a seafarer who is hurt or injured, or becomes ill, while on board the ship when it was used to engage in international trading.
(2) Any liability of the owner under that section ceases on the earlier of the following days:
(a) the day after the seafarer has recovered;
(b) the day that is 16 weeks after the first day the seafarer was hurt or injured, or became ill.