Shipping Registration Act 1981

Seafarers 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.

Division 2—Work agreements 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 regulations made for the purposes of subsection 54(5) 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.

61AE. Wages (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).

61AF. Paid annual leave (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 unauthorized 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 authorized 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 4 or 5 of Chapter 2 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) So far as a 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, the work agreement 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; and (c) the agreement is not a collective agreement made under section 11A. (2) If the work agreement 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 61AJ. Wages to be paid 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 victimization of seafarers 61AL. Protection against victimization (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 victimize 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 organize 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 organize and to take industrial action; or (g) has joined, proposes to join, or at any time has proposed to join an employee organization; or (h) has refused to join, proposes to refuse to join, or at any time has proposed to refuse to join an employee organization; or (i) has participated, proposes to participate, or at any time has proposed to participate in the activities of an employee organization; 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 organization; or (k) has requested, proposes to request, or at any time has proposed to request representation by an employee organization; or (l) has refused, proposes to refuse, or at any time has proposed to refuse representation by an employee organization. Civil penalty: 300 penalty units. (3) For the purposes of subsection (2), a person victimizes a seafarer if the person: (a) dismisses, or threatens or organizes to dismiss, the seafarer; or (b) injures, or threatens or organizes to injure, the seafarer in his or her employment or engagement on board a ship; or (c) alters the position of, or threatens or organizes to alter the position of, the seafarer to the seafarer’s prejudice; or (d) discriminates, or threatens or organizes to discriminate, between the seafarer and other seafarers; or (e) refuses, or threatens or organizes 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 68 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 regulations made for the purposes of section 59 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.

Division 5—Enforcement of this Part 61AP. Some provisions of the Navigation Act apply for enforcement of this Part Parts 1, 2, 3 and 4 of Chapter 8 of the Navigation Act, and definitions in Chapter 1 of that Act of terms relevant to any of those Parts, apply in relation to this Part as if: (a) this Part were included in that Act; and (b) a civil penalty provision (as defined in this Act) in this Part were, for the purposes of that Act, a civil penalty provision (as defined in that Act). Note: Part VB is also relevant to enforcement of this Part.