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Port Kembla: foreign seafarers owed $100,000 in unpaid wages

THE International Transport Workers' Federation has requested the Australian Maritime Safety Authority urgently investigate after seafarers on a vessel docked at Port Kembla reported that they had not been paid in more than two months.

The Hong Kong-flagged bulk carrier MV Xing Ning Hai, owned by Chinese company Ocean Prosperity and managed by Dalian​ ​Shipping, is in Port Kembla to carry steel from Bluescope.

Sister-vessel MV Xing Jing Hai was yesterday detained by AMSA in the Port of Brisbane following almost-identical allegations of unpaid wages.
That crew of both vessels have reported that they have not been paid since June, with more than $200,000 owed in wages.

The MV Xing Ning Hai was last year detained by AMSA in Devonport, Tasmania, after an ITF inspection found the crew had not been paid for six months. More than $300,000 was recovered in unpaid wages before it was allowed to depart Australian waters.

The incidents follow the detention last week of Panama-flagged MV Fortune Genius at the Port of Gladstone after an ITF inspector found fraudulent documentation, including two sets of books, being used to conceal wage theft.

In total, ITF inspectors have identified more than $250,000 dollars in unpaid wages during audits of vessels at Australian ports during the past week, along with further breaches of the Maritime Labour Convention, highlighting rampant exploitation of foreign seafarers.

ITF assistant coordinator Matt Purcell said the fact that three almost identical cases of wage theft had been identified in such a short period of time highlighted the serious exploitation taking place in Australia’s maritime supply chains.

“These cases show that massive wage theft and the exploitation of vulnerable foreign seafarers are not an anomaly, they are a central feature of the business models of many of the shipping operators carrying freight too and from Australia,” Mr Purcell said. “All these vessels have been contracted to carry goods and materials for major businesses. The Xing Ning Hai is in Port Kembla to carry steel from Bluescope, while the Xing Jing Hai was in Brisbane to deliver clinker to Cement Australia.

“AMSA deserves to be commended for acting swiftly once issues are identified, but the current system relies on the efforts of ITF inspectors and whistle-blowers among ship crews to identify problems, meaning countless cases of exploitation are slipping through the gaps.

“Without the actions of the ITF, not one of these vessels would have been inspected, which is why so many companies think they can get away with rampant exploitation in Australian waters.”

ITF president Paddy Crumlin said the cases highlighted the urgent need for stronger shipping laws and more proactive enforcement to counter the growing use of highly-exploited foreign workers in Australian waters.

“In recent decades, the number of Australian-flagged vessels has been slashed, with local seafarers replaced by exploited foreign crews on ships registered in notorious tax havens,” Mr Crumlin said. “The country is now almost entirely dependent on foreign flag of convenience vessels, often registered in tax havens and crewed by exploited workers on as little as $2 per hour.

“What these three incidents show is that this isn’t an occasional issue involving one rogue operator, it’s a central part of the business model of a growing number of companies that are contracted to supply Australia’s fuel, carry our resources, and move cargo to and from our ports.

“When BHP axed the last two Australian bulk carriers earlier this year — replacing 80 Aussie seafarers with foreign flag-of-convenience vessels — we warned that the ongoing failure of the Australian Government to tighten shipping laws was sparking a race to the bottom.

“Too many big businesses refuse to take responsibility for the exploitation in their supply chains, which is why we need political leadership to ensure Australia’s maritime trade isn’t built upon the systematic abuse of vulnerable foreign seafarers.”

About the ITF and ITF Inspectorate
The International Transport Workers' Federation is a democratic global union federation of 670 transport workers trade unions representing over 20 million workers in 140 countries. The ITF works to improve the lives of transport workers globally, encouraging and organising international solidarity among its network of affiliates. The ITF represents the interests of transport workers' unions in bodies that take decisions affecting jobs, employment conditions or safety in the transport industry.
The ITF Inspectorate is a network of 147 Inspectors and Contacts, based in ports all over the world, whose job inspect ships calling in their ports to ensure the seafarers have decent pay, working conditions and living conditions on board. They conduct routine inspections and also visit ships on request of the crew. If necessary they assist with actions to protect seafarers' rights as permitted by law.

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Standing Committee flourish of treaty activity

THE Joint Standing Committee on Treaties will be holding public hearings on Monday, September 16, 2019 into three treaties: Investments with Uruguay; the ISDS‑UN Convention; and Double Taxation with Israel.

Committee Chair Dave Sharma MP said the hearings would be an opportunity for the Committee to examine increased transparency mechanisms as well as procedural safeguards for Investor-State dispute settlements.

The Committee will also review the details of the treaty to eliminate double taxation between Australia and Israel.

“This review fulfils the Australian Government’s request to expedite consideration of the treaty, which proposes to promote closer economic cooperation between Australia and Israel by reducing and clarifying taxation obligations,” Mr Sharma said.

The Committee will hear from witnesses from the Department of Foreign Affairs and Trade, the Treasury and other relevant government agencies.

Public hearing details

Date: Monday, 16 September 2019
Location: Committee Room 2R1, Parliament House

Investments‑Uruguay

11am to 11:45am

ISDS‑UN Convention

1:45am to 12:30pm

Double Taxation‑Israel

12:30pm to 1:00pm

The hearing will be broadcast live at aph.gov.au/live.

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Inquiry resumes on economic engagement of Traditional Owners

THE Northern Australia Committee has re-commenced its inquiry into the economic engagement of Traditional Owners.

The inquiry will examine opportunities and challenges associated with land rights, native title and other land-related agreements for the purpose of engaging Traditional Owners in the economic development of Northern Australia.

Committee Chair, Warren Entsch, said that with 78 percent of land in Northern Australia claimed or recognised under statutory land rights or native title, the resources available to Indigenous Australians are significant.

"The Committee wants to find ways to work with Traditional Owners so they can make better use of their resources, which will work to the advantage of Indigenous peoples while contributing to the economic development of Northern Australia," Mr Entsch said.

He urged a greater focus on capacity building in grass-roots Indigenous organisations under the land rights and native title regimes.

The inquiry commenced in the last Parliament, and was suspended during the election period. To date, the Committee has received 26 submissions and held one public hearing. 

Submissions are open until Friday, November 15, 2019. 

Further details of the inquiry, including expanded terms of reference, can be found on the Committee’s website.

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Government can act to save New Hope jobs - QRC

THEPalaszczuk Government must immediately approve the New Acland stage 3 project, following a Court of Appeal decision in favour of New Hope, according to the Queensland Resources Council (QRC).

QRC chief executive Ian Macfarlane said there could be no more hold ups, no more delays and no more excuses.

“The New Acland Stage 3 mine should go ahead, securing the jobs of the 150 workers who are facing redundancy because of more than 10 years of delays,” Mr Macfarlane said.

“There is a precedent for the Palaszczuk Government to act. In 2007 Anna Bligh’s Government legislated to guarantee operations at Xstrata’s Wollombi project in Central Queensland in response to a court ruling."

Mr Macfarlane said that at the time, Premier Anna Bligh said: ‘My government is not prepared to have this uncertainty…Next week we will legislate to validate the mining lease so that the mine can proceed, but only with stringent environmental requirements.’

Mr Macfarlane said, "This is in sharp contrast to the Palaszczuk Government, which has refused to act to save the jobs of 150 workers at the Acland mine, where redundancy proceedings have started.

“In fact, the government doesn’t have to take that extra step to legislate, it could simply approve the mining lease and associated water licence to allow the expansion to go ahead.

“In Parliament last week the Premier said the hold up for a decision was because ‘my government is waiting on the finalisation of proceedings in the Court of Appeal’.

“The Palaszczuk Government cannot allow this emotional upheaval affecting New Hope workers and the local community to go on for one moment longer," he said.

"If the government supports coal jobs, it’s not enough just to say so. It has to back up those words with action.

“It shouldn’t matter whether those jobs are in Central Queensland or Southern Queensland. The Premier must act immediately to save New Acland coal jobs.”

Click here for link to Anna Bligh’s statement on October 12, 2007.

www.qrc.org.au

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Banks assume role of moral compass for legitimate businesses - ombudsman

THE Australian Small Business and Family Enterprise Ombudsman, Kate Carnell said banks were wrong to discriminate against legitimate small businesses in the adult industry by blocking their access to essential financial services.

“My office is continuously contacted by sex workers who have complained they have been denied banking services such as merchant facilities to allow them to conduct their business,” Ms Carnell said.

“This is an ongoing issue and we have expressed our concerns to the Australian Banking Association and individual banks involved. There aren’t too many Australians who would rely on banks to be the moral arbiter for society.

“An EROS Association report found that financial services providers were treating adults-only businesses unfavourably on the basis of broad internal policies against the sex industry rather than tailored assessments of financial risk," Ms Carnell said.

“These actions are not only unfair, they are undermining efforts to combat the black economy. Bank accounts and financial services are essential for any legal business to operate.

“There are an estimated 25,000 people employed in the adult industry, which has an annual turnover of $2.6 billion.

“I encourage sex workers who feel they have been discriminated against by a financial service provider to contact ASBFEO for assistance.”

www.asbfeo.gov.au

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