Maritime Labour

Convention, 2006
A Guide to the implementation
of the MLC in Australia

Version 2: August 2013

 A Guide to the implementation of the MLC in Australia

Contents
1.0 Introduction 1
1.1 Terms and definitions 1

2.0 Overview of the MLC, 2006 2

2.1 Title 1 – Minimum requirements for seafarers to work on vessels 2
2.2 Title 2 – Conditions of employment 2
2.3 Title 3 - Accommodation, recreational facilities, food and catering 2
2.4 Title 4 – Health protection, medical care, welfare and social
security protection 3
2.5 Title 5 – Compliance and enforcement 3

3.0 Implementation of the MLC, 2006 in Australia 4

3.1 Timing for implementation 4

4.0 Is your vessel subject to the MLC, 2006? 5

4.1 Regulated Australian vessels (RAV) 5
4.2 Australian domestic commercial vessels (DCV) 6
4.3 Foreign-flagged vessels in Australian ports 6

5.0 Certification of regulated Australian vessels 7

5.1 Application and certification process 7
5.2 What happens if the RO finds the vessel does not comply? 8
5.3 Exemptions 8
5.4 Interim Maritime Labour Certificate 8
5.5 Maintaining compliance and ongoing inspections 9
5.6 Renewal inspections 9
5.7 Validity of certificates 9
5.8 Certification flowcharts 9
Flowchart for obtaining a Maritime Labour Certificate 10
Flowchart for obtaining an Interim Maritime Labour Certificate 11

6.0 Who is a ‘Seafarer’? 12

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7.0 Demonstrating compliance - Australian vessels 14

7.1 Minimum age 14
7.2 Medical certification 14
7.3 Qualification of seafarers 14
7.4 Seafarers’ Work Agreements (seafarers employment agreements) 15
7.6 Hours of work and rest 17
7.7 Manning levels for the vessel 17
7.8 Accommodation, food and recreational facilities 17
7.9 Health and safety and accident prevention 18
7.10 Onboard medical care 18
7.11 Onboard complaint procedures 19
Onboard complaint flow chart 20
7.12 Payment of wages 20

8.0 Port State control in Australia 21

MLC Port State inspection flow chart 22

9.0 Onshore complaints 23

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1.0 Introduction
The Maritime Labour Convention, 2006 (MLC, 2006 or the Convention), developed by the
International Labour Organization (ILO), is the fourth pillar of international maritime law along with:
the International Convention for the Safety of Life at Sea (SOLAS), the International Convention on
Standards of Training, Certification and Watchkeeping (STCW); and the International Convention for
the Prevention of Pollution From Ships (MARPOL).
The MLC, 2006 is the result of a tripartite negotiation by representatives of government, employers
and workers. The convention establishes comprehensive rights and protections at work for the
world’s seafarers and aims to achieve decent work arrangements for seafarers, and secure
economic interests in fair competition for quality shipowners.
The MLC, 2006 consolidates and updates more than 68 existing ILO conventions and entered into
force internationally as a mandatory instrument on 20 August 2013.
The application of the MLC, 2006 is set out in Article II, section 4 and 6 of the Convention and states
that the MLC, 2006 essentially applies to all commercial vessels, though the competent authority of
an ILO member State may make determinations about the application of the Convention to vessels
of less than 200 gross tonnage that do not proceed on international voyages. The Convention does
not apply to fishing vessels, vessels of traditional build (such as dhows and junks), warships or naval
auxiliaries or vessels not ordinarily engaged in commercial activities.
The Australian Maritime Safety Authority (AMSA) is the competent authority responsible for
regulation of the Convention and its requirements in Australia.
The purpose of this guide is to:
• assist vessel owners and seafarers and their representative organisations in understanding how
Australia is implementing the MLC, 2006, and
• provide information on the mechanisms for the survey and certification of a vessel under the
MLC, 2006.

Note: This guide is advisory and designed to provide a distinction between the different
elements of relevant legislation and the Convention. This guide should not be read in isolation
and interested parties are advised to consult applicable legislation and the Convention when
considering the application of the MLC, 2006.

Queries may be forwarded to LabourConventions@amsa.gov.au

Additional advice may also be found in industry guidelines such as:
• International Shipping Federations Guidelines on the application of the ILO Maritime Labour
Convention
• ILO Guidelines for Port State Control Officers
• ILO Guidelines for Flag State Inspections.
Copies of the MLC, 2006 and the ILO guidelines can be downloaded from the International Labour
Organization’s Maritime Labour Convention website www.ilo.org.

1.1 Terms and definitions

The terms and definitions used in the guide are from the MLC, 2006, the Navigation Act 2012, and
Marine Order 11. Readers should consider the relevant legislation and the Convention in conjunction
with this guide.

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2.0 Overview of the MLC, 2006

From 20 August 2013, ILO member States that have ratified the convention (also available on the
ILO website) will regulate the requirements of the MLC, 2006 through their flag State and port State
responsibilities.
The main body of the MLC, 2006 (the Regulations and the Code) is grouped in five main subject
areas referred to as ‘Titles’.

2.1 Title 1 – Minimum requirements for seafarers to work on vessels

Title 1 identifies the minimum standards to be met for a seafarer to work on a vessel, including:
i. minimum age - no person under the age of 16 can be employed on a vessel
ii. seafarers under the age of 18
- may not be employed to do work likely to jeopardize their health/safety
- requirement for additional attention to health/safety for young seafarers
- prohibited to perform night work, except where defined by national laws
iii. medical certificate
- seafarers are to be certified as medically fit by a duly qualified medical practitioner
- for vessels on international voyages seafarers medical certificates must be in English
- validity of a medical certificate is generally 2 years, or 1 year for seafarers under 18.
- Colour vision tests are valid for 6 years
iv. seafarers must be trained or certified as competent to perform their duties and have
successfully completed shipboard personal safety training
v. seafarer recruitment and placement services are subject to regulation and audit.

2.2 Title 2 – Conditions of employment

Title 2 is intended to ensure that seafarers have a seafarers’ employment agreement (work
agreement) which contains specific minimum employment conditions for all seafarers including:
i. pay
ii. hours of work and rest
iii. entitlement to leave
iv. repatriation and compensation rights
v. access to training, skills development and further employment opportunities.

2.3 Title 3 - Accommodation, recreational facilities, food and catering

Title 3 relates to the living conditions on board a vessel:
i. accommodation standards, including room sizes and their fixtures
ii. heating, cooling, lighting, ventilation and noise levels
iii. sanitary and laundry facilities
iv. requirements for mess rooms and recreation rooms
v. requirements for hospital accommodation
vi. food and catering.

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2.4 Title 4 – Health protection, medical care, welfare and social

security protection
Title 4 sets requirements to protect the health of seafarers and ensure their prompt access to
medical care on board a vessel and ashore:
i. medical and essential dental care onboard and ashore:
- the right to visit medical services ashore at no cost,
- shipowners’ liability/provision of financial security
ii. medical treatment on board by appropriately trained personnel
iii. carriage of medical equipment and medicines
- workplace health and safety protection and accident prevention
v. access to shore based welfare facilities
iv. social security protection.

2.5 Title 5 – Compliance and enforcement

i. Regulation 5.1 details flag State responsibilities for implementation and enforcement:
- general principles
- Recognised Organisations
- certification
- inspections
- reporting
- complaint procedures
- investigations
- marine casualties.
ii. Regulation 5.2 sets port State responsibilities for enforcement on foreign vessels:
- inspections
- certification validity, clear/reasonable grounds
- more detailed inspection (MDI)
- deficiencies/detention
- complaint handling procedures (on shore)
- investigations
- reporting.
iii. Regulation 5.3 specifies labour supplying responsibilities
- Establishment of an inspection and monitoring system for private seafarer recruitment and
placement services

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3.0 Implementation of the MLC, 2006 in Australia

In Australia the Maritime Labour Convention, 2006 has been implemented primarily through the
Navigation Act 2012 and associated delegated legislation (Marine Orders). Elements of the MLC
2006 not captured by the Navigation Act 2012 or Marine Orders are covered in other commonwealth
legislation listed below.
The Navigation Act 2012 and Marine Order 11 (Living and working conditions on vessels) 2013
commenced on 1 July 2013.
Marine Order 11 replaces the following Orders that existed under the Navigation Act 1912:
• Marine Orders - Part 10: Medical first aid on ships
• Marine Orders - Part 11: Substandard ships
• Marine Orders - Part 14: Accommodation
• Marine Orders - Part 53: Employment of crews.

Note: The accommodation requirements prescribed in Marine Orders - Part 14, issue 1
(Accommodation) as in force on 30 June 2013 will continue to apply to vessels constructed
prior to 20 August 2013.

Other commonwealth legislation and Marine Orders that encompass aspects of the MLC, 2006, are:
• The Occupational Health and Safety (Maritime Industry) Act 1993
• The Fair Work Act 2009
• The Seafarers Rehabilitation and Compensation Act 1992
• Marine Order 3 (Seagoing qualifications)
• Marine Order 9 (Health – medical fitness)
• Marine Order 15 (Construction – fire protection, fire detection and fire extinction)
• Marine Order 21 (Safety of navigation and emergency procedures)
• Marine Order 28 (Operations standards and procedures).
All Marine Orders can be accessed on the AMSA website.
www.amsa.gov.au/vessels/standards-regulations/marine-orders/.
Commonwealth legislation and regulations (including Marine Orders) are available at the Australian
Government ComLaw website: www.comlaw.gov.au.

3.1 Timing for implementation

Regulated Australian Vessels (RAV): Many aspects of the MLC, 2006 became mandatory for RAV’s
on 1 July 2013 when the Navigation Act 2012 and Marine Order 11 came into effect. The remaining
elements (including requirements for Maritime Labour Certificates to be carried onboard a RAV, on
board complaint procedures and regulation concerning labour providers), became mandatory on
20 August 2013.
Foreign-flagged commercial vessels: As of 20 August 2013, port State control inspections will include
confirmation that the requirements of the MLC, 2006 relating to the working and living conditions
of seafarers on vessels are being met, noting that the convention contains a “no more favorable
treatment” clause (see also section 4.3).

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4.0 Is your vessel subject to the MLC, 2006?

The following section provides guidance in determining the regulatory requirements for owners
of commercial vessels which are either registered in Australia, visit Australian ports or operate in
Australian waters.

4.1 Regulated Australian vessels (RAV)

Regulated Australian vessel (RAV) is defined in section 15 of the Navigation Act 2012.
As outlined in section 3 of this Guide, the requirements of the MLC, 2006 are being implemented in
Australia through several pieces of legislation. Compliance with all relevant legislation will ensure
that a regulated Australian vessel meets its obligations under the MLC.
Marine Order 11 captures and consolidates many of the standards and requirements for certification
that were introduced into Australian maritime regulation as a result of the Convention’s ratification.
Section 7 of Marine Order 11 applies the Order to all regulated Australian vessels.
However on regulated Australian vessels
(a) that:
(i) are certified to operate exclusively in areas where port limits apply or in the Great Barrier
Marine Park region; or
(ii) are in a service category other than class 1A, 2A, 1B or 2B as defined in section 3.5.1 of
Part B of the NSCV; and
(b) on which the employment of the seafarers is subject to the Fair Work Act 2009.
Only the provisions of the Order specified in Section 7(2) apply.
Important: Vessel operators are urged to seek clarification if any doubt exists as to whether
the Marine Order 11 applies to their vessel in part or in full.
Details on which vessels require Maritime Labour Certification is contained within Section 5 of this
Guide.

Note: with respect to regulated Australian vessels that are Floating Production and Storage
Offloading Units (FPSO) and Floating Storage Units (FSU) the MLC, 2006 is applied to by virtue
of Chapter 2 of the Navigation Act 2012. Where the Act is disallowed by virtue of the application
of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (OPGGSA) Navigation Act
requirements, including those related to the MLC, 2006 will cease to have effect for the period the
vessel is subject to OPGGSA.

If the vessel ‘disconnects’ and is no longer subject to OPGGSA then the Navigation Act 2012 and the
MLC, 2006 is applicable.

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4.2 Australian domestic commercial vessels (DCV)

Australian commercial vessels that are not a regulated Australian vessel are domestic commercial
vessels (DCV) and are subject to the requirements of the Marine Safety (Domestic Commercial
Vessel) National Law Act, 2012, (the National Law).
The guidance in this publication is intended for RAV’s and foreign flagged vessels. Seafarers rights
and employment principles that are applicable to DCV’s are captured within the National Law,the
Marine Orders associated with this Act (Marine Orders 501- 507) and the National Standard for
Commercial Vessels (NSCV).
Further information relating to the regulatory requirements for Australian DCVs can be found on the
domestic commercial vessel page at AMSA’s website: www.amsa.gov.au/vessels/national-system/

4.3 Foreign-flagged vessels in Australian ports

Article V, paragraph 7, of the Convention requires each signatory Member State to enforce the
requirements of MLC 2006 in such a way that ships that fly the flag of a State that has not ratified the
Convention are provided ‘no more favourable treatment’ when in the port of a signatory Member State.
Within Australia, this means that all foreign-flagged vessels will be subject to the port State inspections
detailed in Regulation 5.2 of the Convention, irrespective of whether their flag State has ratified the
Convention or not. Where the flag State has not ratified the MLC, 2006 such vessels must be able to
provide documentary evidence of compliance with the regulations and standards of Convention.
The port State control inspection will examine all the matters listed in Appendix A5-III of the MLC, 2006.
Further guidance on port State control inspections is contained within Section 8 of this Guide.

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5.0 Certification of regulated Australian vessels

Regulated Australian vessels over 500 gross tonnage (gt) who are ordinarily engaged in overseas
voyages were required to obtain MLC certification.
Vessels normally engaged in overseas voyages that are more than 200gt but less than 500gt do not
normally need certification. However, the vessel will still need to be compliant with the requirements
of the MLC and Marine Order 11 (Living and working conditions on vessels) 2013. AMSA advises
that owners should consider the carriage of MLC certificates to avoid possible delays in foreign ports
For the purpose of the Maritime Labour Convention Regulation 5.1.2, AMSA appointed Recognised
Organisations (RO’s) have been authorised as ‘Issuing bodies’. This authorisation permits RO’s to
conduct inspections and issue certificates, including Maritime Labour Certificates, on behalf of AMSA.
Recognised Organisations are listed in Marine Order 1 (Administration) 2013.
A current list is also available at www.amsa.gov.au/vessels/ship-safety/flag-state-administration/

5.1 Application and certification process

The process of applying for MLC, 2006 certification, and the subsequent issue of the Maritime
Labour Certificate, should generally follow the steps below.
1. The vessel owner(s) makes application to their selected RO for MLC inspection and certification.
1.1 The owner submits all relevant information to the RO for appraisal.
1.2 Using the requirements in the DMLC Part I template as a guide, where exemptions are to
be sought, the vessel owner must provide evidence, including evidence of consultation with
shipowner and seafarer organisations as required by the MLC.
1.2.1 Exemptions are only permitted where specifically allowed by the convention. (see
5.3 of this Guide)
1.3 The RO should make an assessment of any requests for exemptions to ensure they are
complete and substantiated before making a recommendation to AMSA.
1.4 The owner must also complete Part II of the Declaration of Maritime Labour Compliance
(DMLC PtII) and submit to the RO for endorsement.
1.4.1 More detailed guidance on how to complete Part II of the DMLC is provided in the
International Shipping Federation’s, Guidelines on the application of the ILO Maritime
Labour Convention, Second Edition, Annex 2 – Example of a completed declaration
of Maritime Labour Compliance (Part II).
Forms including DMLC Part I and Part II are available at the AMSA website:
www.amsa.gov.au/forms-and-publications/seafarers/forms/
2. The RO forwards the application, including recommendations for exemptions and the endorsed
DMLC Part II, to AMSA.
2.1 AMSA assesses the content of the application including the RO-endorsed DMLC Part II and
any recommendations concerning exemption.
2.2 If any further information or clarification is required on an exemption request or any other
documentation, AMSA will liaise with the RO who should consult the vessel owner.
2.3 When the Manager Ship Inspection and Registration is satisfied that the DMLC Part II is
adequate, the DMLC Part I including any exemptions is signed and issued.
2.4 AMSA returns the approved DMLC Part I and endorsed DMLC Part II to the RO.

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3. The RO may then conduct a formal inspection of the vessel. The inspection will cover the
14 areas subject to general inspection, as detailed in Appendix A5-I of the MLC, 2006. Section
7 of this Guide provides general information on demonstrating compliance with the 14 areas for
Australian vessels.
4. When the RO verifies, following inspection, that the vessel and its arrangements comply with the
MLC, 2006 and Marine Order 11, the RO will issue a Maritime Labour Certificate (AMSA 318) and
provide it, with the original copies of the DMLC Part I and DMLC Part II to the vessel owner.
5. The RO will forward copies of all certificates and inspection reports to AMSA.

5.2 What happens if the RO finds the vessel does not comply?
If during the inspection the RO identifies areas that are not compliant with the MLC, 2006 or Marine
Order 11, they will consult with AMSA.
Where the issues on non-compliance are such that an exemption request is to be considered,
the procedure required by Section 5.1 paragraph 1.2 above is to be followed including necessary
consultation with shipowner and seafarer organisations.
Once completed, the owner will need to review and resubmit the exemption request and DMLC Part
II. The certification process will then restart from paragraph 2.3 of Section 5.1 above.
Depending on the nature of the issue and providing the situation meets the elements of Section
5.4, the RO may recommend the issue of an Interim Maritime Labour Certificate. Issue of interim
Maritime Labour Certificates will only be considered by AMSA on a case-by-case basis.

5.3 Exemptions
As noted in section 5.1 and 5.2 above, where AMSA issues exemptions, these must be defined in
the DMLC Part I, and must be held with the DMLC Part I, DMLC Part II and the Maritime Labour
Certificate.
Exemptions may only be granted as permitted by the Convention in Title 3: Accommodation,
Recreational Facilities, Food and Catering.

5.4 Interim Maritime Labour Certificate

Interim Maritime Labour Certificates may only be issued:
• to new vessels on delivery;
• when an existing vessel changes flag;
• when a vessel owner assumes responsibility for the operation of a vessel for the first time.
Interim Maritime Labour Certificates may be issued for a period not exceeding 6 months and will only
be issued after:
• the vessel has been inspected as far as is reasonable and practicable for the 14 areas subject
to general inspection in Appendix A5-I of the MLC, 2006
• the vessel owner has demonstrated to AMSA/RO that the vessel has adequate procedures in
place to comply with the MLC, 2006
• the master of the vessel demonstrates familiarity with the requirements of the MLC, 2006 and
Marine Order 11 and
• the vessel owner has applied for and submitted documentation as per Section 5.1 paragraph
1.1 above for the issue of DMLC Part I, and can demonstrate to the RO that it is in the process
of developing a DMLC Part II.

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Prior to the expiry of the Interim Maritime Labour Certificate a full inspection shall be carried out to
enable the issue of the full term Maritime Labour Certificate.
No extension of validity or further interim certificates may be issued to a vessel following the expiry
of the 6 month period of an Interim Maritime Labour Certificate.

5.5 Maintaining compliance and ongoing inspections

Specific details on the requirements for maintaining compliance including ongoing inspections is
contained in Section 15 of Marine Order 11.
Vessels that are certified in accordance with the Convention will be required to undergo an
intermediate inspection between the second and third anniversary of the initial certification date.
AMSA has delegated this responsibility to RO’s.
An intermediate inspection will be conducted in a manner similar to the initial inspection in that the
owner of a vessel will need to demonstrate ongoing compliance with the 14 areas subject to general
inspection listed in Appendix A5-I of the Convention.

5.6 Renewal inspections

An inspection is required prior to the renewal of a Maritime Labour Certificate.
When applying for a renewal, the vessel owner(s) makes application to their selected RO for
inspection and certification of the vessel and the procedure detailed in part 5.1 above will apply.
Where a statement has been obtained from the owner of the vessel that there have been no
changes and that the vessel still complies, the RO has the authority to renew any exemptions.

5.7 Validity of certificates

Section 14 of Marine Order 11 details instances where Maritime Labour Certificates and Interim
Maritime Labour Certificates may cease to be valid, including:
• ongoing inspections are not completed within specified time frames
• a certificate or declaration is not endorsed accordingly
• the vessel changes flag
• when an owner ceases to assume responsibility for the operations of a vessel
• when a substantial alteration is made to the structure or equipment covered in Title 3 of the
MLC, 2006 and with section 68 of Marine Order 11.
A Maritime Labour Certificate may also be withdrawn by AMSA where there are serious breaches of
the Marine Order 11 or the Convention.

5.8 Certification flowcharts

The flowcharts shown the following pages illustrate the procedure for inspection and certification of
regulated Australian vessels as required by the MLC, 2006.

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Flowchart for obtaining a Maritime Labour Certificate

Vessel owner applies to RO for

inspection and certification

Using the requirements in the DMLC Part

I template as a guide, where exemptions
are to be sought, the vessel owner must
provide evidence, including evidence of
consultation with shipowner and seafarer
organisations as required by the MLC

RO assesses DMLC Part I and II and

determines if an exemption is required

RO forwards the application including

recommendation for exemptions to AMSA

Exemption requested
No exemption requested Consultation is carried out by
AMSA with RO (vessel owner)
and seafarers’ representative
organisation concerned

AMSA endorses DMLC Pt

AMSA issues
II and returns all paperwork AMSA rejects
exemptions
to RO

RO conducts physical
inspection

Vessel and arrangements Vessel and arrangements

comply do not comply

RO issues MLC

RO sends copies of MLC

documents to AMSA

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Flowchart for obtaining an Interim Maritime Labour Certificate

Vessel owner completes DMLC Part II

as far as possible and applies to RO for
inspection and certification

AMSA DMLC Part I prepared

and remains unsigned

RO conducts inspection of the 14 areas

and assesses if vessel owner can
demonstrate adequate procedures to
comply with convention.
RO must also advise AMSA where there
may be any exemptions or equivalence

RO issues interim MLC

RO sends copies of MLC documents to

AMSA

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6.0 Who is a ‘Seafarer’?

The MLC generally applies to all seafarers. There are traditionally recognised seafarer roles (deck
and engineer officers and integrated ratings) where those performing such roles will clearly fall within
the definition of seafarer. However, there may be other situations where it is not clear whether or not
an individual is a seafarer and as such, whether the relevant provisions of the Navigation Act 2012
and Marine Orders apply to that person.
Section 14 of the Navigation Act 2012 defines ‘seafarer’ as any person who is employed or engaged
or works in any capacity (including that of master) on board a vessel on the business of the vessel,
other than the following:
a) a licensed pilot of the vessel (acting as such a pilot);
b) an owner of the vessel or a person (except the master) representing the owner;
c) law enforcement personnel (in their capacity as law enforcement personnel);
d) if the vessel is a special purpose vessel—special personnel in relation to the vessel;
e) a person temporarily employed on the vessel in port;
f) a person prescribed by the regulations.
In considering prescribing by regulation the types of occupations that are not seafarers, AMSA found
that it was essentially difficult to provide a prescriptive list of occupations of persons who may not be
seafarers. It was agreed in consultation with AMSA’s social partners that the application and intent of
the Convention may vary from circumstance to circumstance.
Where the owners of a vessel that is required to hold a Declaration of Maritime Labour Compliance
identify that an occupational group engaged or working on board a vessel may, in its view, not be
considered ‘seafarers’ for the purpose of MLC, 2006, they may make an application to AMSA who
will determine on a case by case basis, whether that occupational group is exempt.
Recognising that there may be occasions where this issue would arise, at its 94th session the ILO
passed Resolution VII – Information on Occupational Groups providing guidance for Administrations
in their deliberations on this matter.

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The following considerations taken from Resolution VII, should accompany the vessel’s application
for DMLC Part I in relation to those occupational groups:
1. the category (occupational group) or capacity of the persons;
2. the duration of the stay on board of the persons concerned;
3. the frequency of periods of work spent on board;
4. the location of the person’s principal place of work;
5. the purpose of the person’s work on board;
6. who is responsible for the labour and social conditions for the persons;
7. what form of work agreement is in place for the persons;
8. the vessel owner’s assessment of that work agreement in relation to the standards created by
the MLC, 2006.
9. Whether the persons are expected to undertake duties related to the safety or security of the
vessel or pollution protection.
Where the AMSA has determined that the MLC, 2006 is not applicable to an occupational group or
persons employed on board, companies are reminded of their obligations under the Fair Work Act
2009, regarding the minimum terms and conditions for maritime employees.
Information on how the Fair Work Act 2009 applies to the maritime industry, the 10 National
Employment Standards and the safety net of minimum terms and conditions of employment can be
found on the Fair Work Ombudsman website: www.fairwork.gov.au
Maritime Industry Fact Sheet:
www.fairwork.gov.au/resources/fact-sheets/workplace-rights/Pages/maritime-industry-fact-sheet.aspx
National Employment Standards:
www.fairwork.gov.au/employment/national-employment-standards/pages/default.aspx

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7.0 Demonstrating compliance - Australian vessels

The information contained in this section provides general guidance on the working and living
conditions that make up the 14 areas covered in DMLC Parts I and II and are the subjects of MLC
flag State compliance inspections required by Appendix A5-I of the MLC, 2006.
Note well: This section is provided as an aide-mémoire to assist in demonstrating compliance with
the MLC, 2006. Information contained within was current at the time of publication and owners are
advised to check whether the actual legislation/marine order changed before taking any action.

7.1 Minimum age

7.1.1 General
When employing seafarers on a Regulated Australian Vessel, owners must not:
• employ any person under the age of 16 years
• employ any person under the age of 18 years in night work, or where health and safety is
jeopardised.
AMSA will permit seafarers under the age of 18 years to work between the hours of 9pm and 6am
only if the work is reasonably required for the training of the person in accordance with an approved
training program.
Seafarers under the age of 18 years can only perform certain tasks under supervision and
instruction. The details of those tasks located in schedule 1 of Marine Order 11.

7.2 Medical certification

All seafarers employed on a Regulated Australian Vessel must obtain a Certificate of Medical
Fitness issued in accordance with Marine Order 9 (Health – medical fitness) 2010. The contact
details for booking an AMSA medical examination are:
• Toll free: 1300 277 904
• Phone: +61 (0)3 9224 8510
• Email: SeafarerMedicals@medibank.com.au
A list of overseas providers can be found on the qualifications section of the AMSA website.
An AMSA medical may only be obtained by a medical practitioner who has been approved by AMSA.

7.3 Qualification of seafarers

7.3.1 General
Seafarers must hold appropriate seagoing qualifications to perform duties at sea in accordance
with the International Convention on Standards of Training, Certification and Watchkeeping (STCW)
Convention or the National Standard for Commercial Vessels Part D (2013) (for near coastal
operations on eligible vessels). The requirements for obtaining and maintaining unlimited and/or near
coastal qualifications are contained in Marine Order 3 and Marine Order 505 respectively.
For owners of vessels registered on the AISR additional information regarding Certificates of
Equivalence can be found on AISR section of the AMSA website.

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7.3.2 Marine Cook

Under the MLC, 2006, a person employed as a cook on board a vessel must be over 18 years of age
and suitably qualified.
Marine Order 11 provision 55 requires the owner of a vessel to ensure that a person working a vessel
as a cook has appropriate trade qualifications or experience. (And that they hold a valid AMSA Medical
and a Certificate of Safety Training).
If a company is satisfied that their personnel have the requisite qualifications and/or experience and
certificates (and have evidence to this effect so that if inspected it can be produced) then that meets
the requirements of the Marine Order. They do not have to hold a Certificate of proficiency from AMSA
as a marine cook to satisfy this requirement.
On a vessel with a prescribed manning level of less than 10 that due to the trading pattern doesn’t
have to carry a fully qualified cook, must ensure that the person, or persons processing food in the
galley are appropriately trained or instructed in hygiene and food handling on a vessel.
The issue of a AMSA Marine Cook Certificate of Proficiency is a way of an individual demonstrating to
a company/potential employer that they meet the requirements of MO 11 Provision 55 (1)(b)(c) and (d).
Owners of Australian vessels proceeding overseas are encouraged to ensure their Marine Cooks hold
AMSA Certificates of proficiency as a Marine Cook to reduce the possibility of delays in foreign ports.
Further information can be found on the qualifications section of the AMSA website. http://www.amsa.
gov.au/seafarers/marine-qualifications/certificates-and-endorsements/cert-of-proficiency-marine-cook/
index.asp

7.4 Seafarers’ Work Agreements (seafarers employment agreements)

7.4.1 General
Seafarers serving on board a Regulated Australian Vessel must have a signed and current work
agreement. The work agreement effectively replaces articles of agreement and will have validity for
no more than nine months (plus or minus one month for operational convenience).
A sample work agreement that is available at www.amsa.gov.au. These are available in a booklet
and can be purchased by the owner/s of vessels from any AMSA office (www.amsa.gov.au/About_
AMSA/AMSA_Offices.asp).
Owners should note that the form of the work agreement is not prescribed, however it must contain
as a minimum the details required by Subsection 47(1) and Schedule 3 of Marine Order 11.
A work agreement needs to be signed by both the seafarer and the owner or their agent. At all
times seafarers must be given the right to obtain advice prior to signing a work agreement. Work
agreements may be linked to a collective agreement or an enterprise bargaining agreement. Specific
guidance on the contents of the agreements are below.
a) Date of birth or age: Normally the date of birth should be inserted in full, only in exceptional
circumstances should the seafarer’s age be inserted, and only when the seafarer’s date of birth
cannot be established. The owner should always use the age that the seafarer is at the time of
signing the agreement.
b) Capacity in which the seafarer is to be employed: This requires a specific and clear description
of the occupation type and duties that the seafarer is to perform. If the seafarer changes
position on board the vessel then a new agreement will need to be signed.

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c) Wages: The Owner of a vessel must ensure that wages are paid at least monthly and that each
seafarer is given a payslip detailing payments made including additional payments and the rate
of exchange used if payment has been made in a currency different from that agreed in the work
agreement. A seafarer is entitled to nominate another person to who wages, or a nominated
amount of their wages, are sent at regular intervals.
d) Paid annual leave: The period of paid annual leave must be included in the work agreement, a
reference to any collective agreement, enterprise bargaining agreement or award is satisfactory.
e) Notice of termination of an agreement: Specific details of the notice of termination of an
agreement can be found in division 6 of Marine Order 11.
f) Repatriation: The terms and conditions governing repatriation entitlements are listed in division 6
of Marine Order 11.

Note: There is a transition period where a vessel may use either Articles of Agreement OR
Work Agreement/Certificate of discharge. This period ends on 19 Feb 2014 after which all
seafarers must have a Work agreements and certificates of discharge are to be used on board.

7.4.2 Vessels registered on the Australian International Shipping Register(AISR)

Owners of vessels registered or intending to be registered on the AISR need to be aware that section
61AA of the Shipping Registration Act 1981 dis-applies the provisions of the Fair Work Act 2009
and the Seafarers Rehabilitation and Compensation Act 1992 in particular circumstances, and that
Ministerial
determinations are in place regarding minimum wages and compensation. Owners of vessels should
refer to the ‘Guide to the Registration of a Ship on the International Register’ published by AMSA. The
guide is available in electronic form on the AISR section of the AMSA website.

7.4.3 Seafarers discharge forms and records of employment

A seafarer must be handed a Certificate of discharge at the expiry of their work agreement which
includes their record of service whilst at sea. It is a requirement that vessel masters complete the
approved discharge form whenever a seafarer’s work agreement expires and that the discharge books
are distributed as per the instructions contained within.
Discharge Books (AMSA 143) can be purchased from any AMSA office (www.amsa.gov.au/About_
AMSA/AMSA_Offices.asp).

7.5 Seafarer Recruitment and Placement Services

Owners of a Regulated Australian Vessel, or a foreign-flagged vessel in an Australian port, that use
Private Seafarer Recruitment and Placement Services, are reminded of their obligations to ensure that
the service is operated in accordance with Regulation 1.4 of the MLC, 2006
Australian-based Private seafarer recruitment and placement services will need to register with AMSA
and will be subject to audit and inspection..
Specific guidance on how to register as a Recruitment Service Provider and the Australian Register
of Private Seafarer Recruitment and Placement Services that have been assessed as compliant with
division 4 of Marine Order 11 is on the AMSA website: www.amsa.gov.au/seafarers/conditions-and-
welfare/seafarers-recruitment-placement-services/index.asp
AMSA will recognise appropriately registered seafarer recruitment and placement services where they
exist in member countries that have ratified the MLC, 2006.

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7.6 Hours of work and rest

The MLC 2006 contains mandatory requirements governing minimum hours of rest for seafarers.
Australia has chosen to harmonise with the requirements of the IMO Standards of Training,
Certification and Watchkeeping for Seafarers 1978 (STCW) (as amended). Marine Order 28
(Operations standards and procedures) 2013 (MO 28) requires that all seafarers must have minimum
hours of rest in accordance with (STCW). Vessels who comply with MO28 will meet Australian
requirements for the MLC, 2006.
As part of the management of hours of work and rest MLC requires that individual rest records must
be maintained for every seafarer on board the vessel. The master shall monitor rest records to ensure
that seafarers are in compliance with the minimum requirements set out in International Convention on
Standards of Training, Certification and Watchkeeping (STCW) section A-VIII/1 and MO 28.
These documents are subject to inspection by flag State and port State control officers. Sample
documents are can be found on the AMSA website. www.amsa.gov.au/forms-and-publications/
seafarers/forms/index.asp

7.7 Manning levels for the vessel

Information on the procedure for obtaining a Minimum Safe Manning Document can be found on the
AMSA website: www.amsa.gov.au/seafarers/manning/

7.8 Accommodation, food and recreational facilities

7.8.1. General
Title 3 of the MLC, 2006 addresses accommodation and recreational facilities and much of this title
applies to a ‘new vessel’. However, it also includes requirements with regard to accommodation
arrangements and the provision of food and water which are given effect by regulations (Marine
Order 11) made under section 60 to 75 in the Navigation Act 2012. These requirements include
factors such as exposure to noise and vibration, lighting, heating and cooling, and the condition of
the accommodation. The master must ensure that the accommodation, catering facilities, food and
recreational facilities continue to comply with national requirements and the MLC, 2006.

7.8.2 Requirements for Regulated Australian Vessels

Marine Order Part 14, issue 1 (Accommodation) (Order No. 5 of 1990) applies to Regulated
Australian Vessels constructed prior to 20 August 2013 and deals with accommodation constructed
prior to the entry into force of the MLC, 2006. For the most part these provisions remain unchanged,
and there will be no requirement for owners to undertake structural changes to the accommodation.
Regulated Australian Vessels constructed after 20 August 2013 must comply with the construction
standards for accommodation specified in Marine Order 11.

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7.9 Health and safety and accident prevention

All regulated Australian vessels and some foreign-flagged vessels will remain subject to the
requirements of the Occupational Health and Safety (Maritime Industry) Act 1993 (OHS(MI)) as it
currently applies.
The Occupational Health and Safety (Maritime Industry) Act 1993 prescribes matters pertaining to
the health, safety and welfare of maritime industry employees while at work, the protection of persons
at or near workplaces from risks to health and safety arising out of the activities of maritime industry
employees at work; ensuring that expert advice is available on occupational health and safety
matter affecting maritime industry employees and maritime industry contractors; and promoting an
occupational environment for maritime industry employees that is adapted to their health and safety
needs.
The Occupational Health and Safety (Maritime Industry) Regulations 1995 and Occupational Health and
Safety (Maritime Industry) (National Standards) Regulations 2003 may also apply.
Trained flag State control officers are appointed as Inspectors under section 84 of that Act and will
conduct OHS(MI) audits of regulated Australian vessels on a regular basis. These audits are not
normally done in conjunction with a flag State control inspection. AMSA inspectors may also be required
to attend and investigate incidents where there has been a complaint or there is clear indication that the
health and safety of persons on board has been jeopardized.

7.10 Onboard medical care

7.10.1 General
Sections 66 and 67 of the Navigation Act 2012 make it an offence for a vessel to proceed to sea
without medicines, medical and surgical stores, and the instructions for their use.
To affect this, vessels will be required to carry stock their medical stores in accordance with
the Medical Carriage Requirements on regulated Australian vessels and to carry a copy of the
most recent edition of the International Medical Guide for Ships, published by the World Health
Organisation.
For vessels carrying dangerous goods, where those substances are not included in the International
Medical Guide for Ships, it is the owner and master’s responsibility to ensure that they comply with
the requirements of subsection 63(2) of Marine Order 11 prior to loading those goods.
Owners will need to ensure that crew members who have completed the Medical Care on board
Ship and Medical First Aid course as part of their Certificate of Competency conduct refresher
training at intervals of not more than 5 years. The form of this training is not prescribed, AMSA
recommends that it should cover at a minimum:
• CPR Techniques
• Treatment of wounds, bleeding, burns and soft tissue injuries
• General treatment of trauma
• Review of content of International Medical Guide for Ships
• Review of nursing procedures
• Legislation and equipment updates.
Marine Order 14, as contained in Marine Order 11, division 14 set out the requirements for hospital
accommodation on board in certain circumstances.

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7.10.2 Standard medical report form

It is now a requirement when exchanging medical information for individual seafarers between
a vessel and shore because of illness of injury to use an approved form. AMSA has produced a
standard medical report form that is to be utilised for the transfer of this information.
The form is in two parts. Part A is designed to be used when the vessel is at a berth and the seafarer
is able to attend a medical practitioner in port. In the event of an at-sea medical event where tele-
medical advice has been sought or in preparation for a medical evacuation, Part B of the form should
be used and transferred with the seafarer when transferred ashore. Personal information concerning
individual seafarers is to be kept confidential at all times.
A copy of this form is available on AMSA’s website: www.amsa.gov.au/forms-and-publications/
seafarers/forms/

7.11 Onboard complaint procedures

The MLC, 2006 sets out minimum requirements for competent authorities to create and regulate a
system to ensure that seafarers, or their representatives, have clear direction as to where and how to
make a complaint concerning the working and living conditions on board vessels.
Owners of vessels now have a requirement to establish and manage an onboard complaints system
that allows seafarers the opportunity to make a complaint without recourse or concern. The onboard
complaint system must at the very least provide for the following requirements:
• where possible seek to resolve seafarer complaints at the lowest level possible
• include rights of the seafarer, safeguards against victimisation, and have a nominated person on
board the vessel who can provide advice
• ensure that contact information for the flag State and the Maritime administration/s in the country of
residence of seafarers on board is available
• ensure that all complaints are captured in writing
• protect seafarer rights in regard to retaining the privilege of being accompanied during the
complaints process
• provide mechanisms to allow seafarers the right to make complaints ashore, where they cannot be
resolved on board
• provide obligations on competent authorities and flag State authorities to attempt to resolve the
matter ashore if necessary
• a reporting mechanism to the International Labour Organization when complaints cannot be
resolved.
Seafarers will always retain the right to make complaints directly to AMSA or any other organisation
directly involved in the welfare of seafarers, and no action can be taken against a seafarer merely
because he or she has made a complaint. The onboard complaints system must be posted in an area
accessible to all seafarers serving on board.
The onboard complaints system and the associated requirements may be subject to specific
inspections in foreign ports of call, especially in cases where competent authorities have received a
complaint.

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Onboard complaint flow chart

Complaint

Head of Department/Supervisor

Complaint recorded
Copy provided to seafarer

Matter resolved to the seafarer’s

satisfaction?

Yes No

Case closed, decision recorded, Decision recorded,

copy provided to seafarer copy provided to seafarer

If complaint was first made to Head of

Department seafarer refers complaint to
Captain or appropriate external authorities

Resolution Non-resolution

Matter referred to vessel owner

Case closed, decision recorded,
ashore or considers on-shore
copy provided to seafarer
complaints procedure

7.12 Payment of wages

Owners of regulated Australian vessels are reminded of their obligations under the Fair Work Act
2009, award or collective agreement to pay seafarers their wage, at a minimum, on a monthly basis
(a shorter period can apply). Marine Order 11 contains additional requirements with regard to the
payment of wages.
The owner of a regulated Australian vessel must also:
• establish a system that allows seafarers to transfer part of their earnings to family
• ensure that those payments are made directly to the person named by the seafarer and on time
The owner of a vessel may charge a reasonable fee to facilitate the transfer of funds.

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8.0 Port State control in Australia

From 20 August 2013 an AMSA inspector may inspect the living and working conditions on any
foreign-flagged vessel entering an Australian Port.
MLC, 2006 inspections will normally be carried out in conjunction with port State control inspections
but may also be conducted as a standalone inspection.
Following an initial inspection a more detailed inspection may be required and will be carried out
when:
• required documents are not produced or maintained or are falsely maintained or when
documents produced do not contain the information required by the Convention or are
otherwise invalid
• there are clear grounds for believing that the working and living conditions on the vessel do not
conform to the requirements of the Convention
• there are reasonable grounds to believe that the vessel has changed flag for the purpose of
avoiding compliance with the Convention
• there is a complaint alleging that specific working and living conditions on the vessel do not
conform to the requirements of the Convention.
Following a More Detailed Inspection where the vessel is found not to conform to the requirements
of the Convention and:
a) the conditions on board are clearly hazardous to the safety, health and security of seafarers, or
b) the non-conformity constitutes a serious breach of the requirements of the Convention
(including seafarers rights).
The AMSA Inspector will ensure that the vessel does not proceed to sea until the deficiencies that
fall within the scope of (a) and (b) have been rectified or a corrective action plan has been received
and agreed.

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MLC Port State inspection flow chart

Initial inspection

Does the ship have

Yes MLC 2006 Certification? No
(Standard A5.2.1 para 1)

Certificate & DMLC

valid and complete? Document not maintained and
No does not contain information
(Standard A5.2.1 para 1)
required.

Yes Yes, but

a) Clear grounds for believing work and living

Inspection ends conditions do not conform to Convention
b) Reasonable ground ship changed flag to avoid
compliance with Convention
c) Complaint and Work and living conditions alleged
to be defective, including seafarers rights.

Do work and living conditions, believed or

alleged to be defective, constitute a clear
hazard to safety etc or a serious breach of
requirements including seafarers rights?
(A5.2.1, last sentence)

Yes No

More Detailed Inspection More Detailed Inspection

MUST be carried out MAY be carried out

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9.0 Onshore complaints

Seafarers have a right to make a complaint to the port State/flag State authorities when there is a
belief that there has been a breach of the requirements of the MLC, 2006. In Australia Marine Order
11 provides that a seafarer may report such a breach to AMSA to facilitate a prompt and practical
means of redress.
When complaints are made to AMSA, AMSA will:
• undertake an initial investigation, which may or may not entail a ship visit
• determine whether the onboard complaints system has been used
- If it has been used, examine the records of the matter.
• promote resolution of complaint at ship board level if appropriate
• notify the flag State if the complaint has not been resolved seeking resolution, advice or
corrective action within a prescribed deadline.
AMSA may also consider a more detailed inspection of the vessel including matters other than those
mentioned in Appendix A5-III to the Maritime Labour Convention.
Where a complaint has not been resolved following the action taken above, AMSA will transmit a
copy of the reports and associated documents to the ILO Director-General with notification to the
port State shipowner and seafarer organisations.
AMSA contact details for on shore complaints are:
Email: OnshoreCom@amsa.gov.au
Web: www.amsa.gov.au/seafarers/mlc/complaints/

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AMSA 432 (8/13)