s.457 visa holders being used in the making of Enterprise Agreements even though they are in another country e.g. Ukraine;
The lack of a simple process for the initiation of enterprise bargaining – as existed under previous legislation;
Opposition to restrictions on the contents of Enterprise agreements; The uneven arrangements for the giving of notice of industrial action (3 working days for unions, no minimum period of notice for employers);
The lack of powers for Commissioners of FWA to take action in the event of stalemate in bargaining processes. Numerous other organisation have also made submissions to the review including the Australian Shipowners Association, Australian Mines and Metals Association, National Bulk Commodities Group and Shipping Australia. Most of the submissions are available for viewing on the website of the Department of Employment and Workplace Relations: http://www.
deewr.gov.au/WorkplaceRelations/ Policies/FairWorkActReview/Pages/
Submissions.aspx
Particularly interesting is the Bulk Commodities submission which calls for international/ ITF rates of pay on the Australian coast to help the cement and other industries to survive. They also submit that the Seagoing Industry Award rates of pay are far too high. Supplementary submissions have been called for and AIMPE will be making a submission in response.
Marine Safety (Domestic Commercial Vessels) National Law
The exposure draft of the Marine Safety (Domestic Commercial Vessels) National Law was released online on 3rd February. Comments are due by 29th February. AIMPE will be making a submission on this exposure draft.
The Marine Safety (Domestic
Commercial Vessels) National Law is the vehicle for the implementation of the National Standards for Commercial Vessels (NSCV). However if the proposed law is implemented it will not only cover the smaller vessels which have in the past been under the regulatory wing of the States and the Northern Territory – it will also cover all interstate trading vessels (unless they possess a SOLAS Certificate).
Although it is called a National Law the State and Territory authorities will continue to administer the regulations and any revenue collected by AMSA will be remitted to the State and Territory authorities. If the law is passed through the Federal Parliament, the model legislation will need to be passed by each of the Sate and Territory Parliaments.
On the initial reading of this draft legislation all interstate trading vessels in Australia could come under this law – as well as all of the smaller craft like fishing boats and tourist vessels. It appears that the draft Marine Safety legislation will not apply the provisions of the various IMO Conventions – MARPOL, SOLAS, STCW etc to the vessels covered but rather will implement some domestic alternatives through the regulations under the law. These are presumably in part the National Code for Commercial Vessels. The plan is for this legislation to be implemented on 1st January 2013.
Coastal Trading Bill revised A second exposure draft of the Coastal Trading Bill was released on 20th February after some 22 submissions were made in response to the initial draft. The revised version contains some changes including: A modification of the objects of the Act – although it is still not as strong as AIMPE proposed; Removal of the confused definition of the word “voyage” as suggested
by AIMPE;
Alteration of the Temporary Licences so that they apply to vessels not persons; Alteration of the Emergency Licences so that they apply to vessels not persons;
Inclusion of scope for third parties to comment on applications for Temporary Licences;
Clarification that vessels under the Australian International Shipping Register will, when trading on the coast under a Temporary Licence be required to comply with the Seacare legislation;
Insertion of extensive new investigative provisions. The bottom line however is that the tax incentives available under the proposed Coastal Trading Bill and associated legislation will not provide as attractive an option for ship operators as the Temporary Licence. It will be much cheaper to run a foreign flag ship with a mainly foreign crew on award rates of pay under a Temporary Licence than an Australian flag vessel with a full Australian crew on Australian Enterprise Agreement rates of pay. There is still no limit on the number of times that an operator can apply for a Temporary Licence. Temporary Licences are proposed to be for 12 months – which is the current duration of a full coastal trading licence. So there will be no more paperwork in operating under the Temporary licence system than under the current system. AIMPE will continue to oppose the proposed reforms and demand that the legislation be amended to give priority to Australian flag vessels and strictly limit the number of Temporary Licences that can be granted to an operator. In addition AIMPE will seek to have the duration of any Temporary Licence reduced from 12 months to 1 month.
MUA poaching attempt The WA Branch of the MUA has made a number of attempts to exploit the new rights of employees
On Watch March 2012 page 29
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