Reminder
Temporary Licence Holders should take steps to confirm the operators of vessels used for coastal trading are meeting their obligations under the Fair Work Act 2009 (the Fair Work Act).
Foreign-flagged vessels conducting coastal trading under temporary licences are required to pay wages under Schedule A of the Seagoing Industry Award 2020 (the Seagoing Award) if they:
- have made at least 2 other voyages under a temporary licence in the last 12 months.
You can email the Fair Work Ombudsman’s maritime mailbox maritime@fwo.gov.au for more information or assistance on Fair Work Act rights and obligations in the maritime industry.
Notice to all Temporary Licence Holders
While it is the responsibility of the employer of labour (usually the ship-owner or operator) to pay the correct wages to seafarers, as a Temporary Licence Holder you should take steps to confirm the operator of the vessel you use is aware of their Fair Work Act obligations.
This includes ensuring vessel operators are paying wages in accordance with Schedule A of the Seagoing Award.
Schedule A of the Seagoing Award applies to foreign-flagged vessels conducting coastal trading under temporary licences when they have made at least 2 other voyages under a temporary licence in the last 12 months.
Schedule A wages would apply from the third voyage onwards and does not need to be under the same temporary licence.
The amount payable under Schedule A is the difference between a seafarer's usual salary and the full Schedule A entitlement.
Wages under Schedule A apply during laden voyage duration only, from the time of loading to the time of discharge.
How does this affect me?
If the vessel operator under your temporary licence contravenes their Fair Work Act obligations, you as the Temporary Licence Holder could also be found liable.
Section 550 of the Fair Work Act provides that a person who ‘is involved’ in a contravention of a civil remedy provision is taken to have contravened that provision and is exposed to penalties and other orders flowing from that contravention.
Need more information or assistance?
The Fair Work Ombudsman (FWO) website provides a range of resources to assist employers and employees understand their rights and obligations under the national workplace laws.
If you have an enquiry regarding rights and obligations in the maritime industry, you can email maritime@fwo.gov.au. The FWO can also investigate allegations of non-compliance with these laws.
You can also make an online enquiry at fairwork.gov.au/register or call the Fair Work Infoline on 13 13 94.