The Maritime Union Of Australia National Office

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1 The Maritime Union Of Australia National Office Paddy Crumlin - National Secretary I Mick Doleman - Deputy National Secretary Ian Bray and Warren Smith - Assistant National Secretaries MUA analysis of MO3 changes Background On 21 February 2104, AMSA announced that it had finalised new marine orders designed to modernise the training and certification framework for international seafarers. It advised that AMSA Chief Executive Officer Graham Peachey signed the marine orders following extensive industry consultation that included 370 submissions (excluding the 2,500 submissions made by MUA members) made on two consultation drafts by seafarers, employers, training providers and unions. Importantly, new MO3 is disaggregated into four separate marine orders (see next Para) which encompass the qualification and certification requirements under the Navigation Act one each for Master and Deck Officers, Engineering Officers and Ratings and an administrative order to reflect the common elements for each discipline. Marine Order 70 (Seafarer certification) 2014; Marine Order 71 (Masters and Deck Officers) 2014; Marine Order 72 (Engineer Officers) 2014 Marine Order 73 (Ratings) 2014 The new Marine Orders come into effect on 1 April 2014 and replace current MO3 in its entirety. The new MOs can be found at Did AMSA respond to issues raised by the MUA in its submission of 28 August 2013 Generally yes. The MUA submission proposed drafting and technical changes re definitions etc, which in the main have been positively addressed in the new MO. However, some related issues raised, such as publication of RAVs, are yet to be addressed by AMSA ands is the subject of separate discussions. What is new for Ratings/Marine Cooks? There is only one significant change from the consultation daft, but there are changes compared to what is in current MO3. The changes from current MO3 are: 1. The application of new MO3 has been made consistent with the application provisions of the Navigation Act which applies to Regulated Australian Vessels (RAVs) Level 2, Sussex Street Sydney, NSW, Australia 2000 T I F I E muano@mua.org.au I

2 Page 2 of 7 Page 2 of 7 MO70 and MO73 applies to the following persons: (a) a person performing or intending to perform, duties or functions as a rating on a regulated Australian vessel (RAV); and (b) a person who holds a seafarer certificate as a rating. 2. New MO3 (MO73) creates the following Licenses (Certificates/Endorsements): Certificate of Safety Training (COST) Ø No change except COST now incorporates the new Security Awareness requirement (a Unit of Competency in the COST Skill Set in the new Maritime Training Package MAR (of October 2013)) Endorsement forming part of a Watch (navigation and engine room) Ø See the comparison between current MO3 and MO73 at Appendix 1 below. v The most significant change is that the current discretion of the Master or Chief Engineer (company management) to determine that the person is competent to form part of a navigational watch or an engine room watch (as prescribed in Clauses 36(1)(c) and 36(2)(c)) of current MO3, is removed. v However, the change from the consultation draft is that while the new provisions in Clause 11 of MO73 prescribes the actual training and competency that must be attained, and largely removes the unfettered discretion of the Master/Chief Engineer (employer), there remains a discretion for the employer, though the standard is specified (which we had thought would be completely removed). You will note from Appendix 1 that Clause 11 provides for 2 options: (i) either 2 months seatime (as Deck TIR, and 2 month (as Engine room TIR) (total of 4 months or 16 weeks, which is the replacement for the current 12 weeks seatime see explanation of the IR certificate below)) and an AMSA approved program of study OR (ii) 6 months (24 weeks) seatime that includes vocational training that complies with STCW Code section A-II/4. Note that this option does not refer to an approved program of study so it could be a program of vocational training that an employer determines is compliant with STCW Code section A-11/4.

3 Page 3 of 7 Page 3 of 7 Marine Cook Ø This certificate is not recognised in current MO3, but was incorporated in MO11 (Living and working conditions on vessels) from May 2013 Able Seafarer Deck Ø This replaces Able Seaman and Deck Rating (preforming the duties of Ordinary seaman) Ø Requires completion of at least 12 months documented qualifying seagoing service while qualified to serve as a rating forming part of a navigational watch Able Seafarer Engine Ø This replaces Engine Room Rating (performing the duties of Greaser) Ø Requires completion of at least 6 months documented qualifying seagoing service while qualified to serve as a rating forming part of an engine-room watch on an appropriate vessel Integrated Rating Ø No change from the consultation draft, but a change from current MO3 Ø The requirement for a Certificate of Proficiency as an IR is:: v Completion of 9 months (essentially the same as 36 weeks as currently prescribed ) documented qualifying seagoing service of which at least 5 months (20 weeks) was served as a rating forming part of a navigational watch and engine-room watch on an appropriate vessel; ü Note that the 5 months is specified as a drafters way of indicating that 4 months (or 16 weeks i.e. 9 months minus 5 months) of seatime must be undertaken before a seafarer can gain an endorsement of their TAGS Book 1 that they are approved to form part of a watch (navigation or engine room); or v While holding a certificate of proficiency as Able Seafarer-Deck completion of at least 6 months (essentially 24 weeks) documented qualifying seagoing service on an appropriate vessel in the engine department as a trainee engine room rating; or v While holding a certificate of proficiency as Able Seafarer-Engine completion of at least 6 months (essentially 24 weeks) documented qualifying seagoing service on an appropriate vessel in the deck department as a trainee deck rating and obtained a steering certificate Ø Now requires revalidation every 5 years (as do all new Ratings

4 Page 4 of 7 Page 4 of 7 certificates) v Note: A seafarer who wants endorsement as an International Integrated Rating (MUA term) i.e. someone who has completed all the requirements to be both an Able Seafarer Deck and Able Seafarer Engine (which you will note above requires a total of 12 months sea service (3 months more than the Australian Integrated Rating ), is required to have at least 7 months documented qualifying seagoing service while holding the certificate of proficiency as Integrated Rating (the 7 months derives from the 12 months total, minus the 5 months that AMSA requires to be served as a rating forming part of a navigational watch and engine-room watch on an appropriate vessel. Chief Integrated Rating Ø No change (still 24 months sea service required after gaining IR Certificate), but noting that from 2013, there has been a VET qualification for CIR [MAR Certificate IV in Maritime Operations (Chief Integrated Rating)] 3. It introduces new revalidation requirements for Ratings/Marine Cooks Ratings certificates now require revalidation every 5 years. Current certificates will require revalidation by 31 December This means that the following certificates issued under current MO3 or any previous issue of that Order that is in force on 31 March 2014, and any endorsement of it, expires on 1 January 2017: Ø A certificate of proficiency as Chief Integrated Rating; Ø A certificate of proficiency as Integrated Rating; Ø A certificate of rating as Deck Rating; Ø A certificate of rating as Able Seaman; Ø A certificate of rating as Engine Room Rating; Ø A certificate of safety training. To be eligible for revalidation, the Rating must have documented qualifying seagoing service of: Ø 12 months in the 5 years before the application for revalidation; or Ø 3 months in the 6 months before the application for revalidation. If the seafarer seeking revalidation cannot meet the seatime requirements, the person must have completed approved courses i.e. undertake a refresher course, in the following: Ø Fire prevention and fire fighting (as specified in STCW Code Table A- VI/1-2); Ø Proficiency in survival craft and rescue boats other than fast rescue

5 Page 5 of 7 Page 5 of 7 boats (as specified in STCW Code Table A-VI/2-1); and v Must have completed (only once) a Security awareness training program (as specified in STCW Code Table A-VI/6-1). The requirements for revalidation of a certificate of proficiency as marine cook are that the person holding the certificate: Ø has either: v Documented qualifying seagoing service of 3 months in the 5 years before the application for revalidation; or v Performed duties or functions appropriate for the certificate to be revalidated that AMSA considers at least equivalent to the service mentioned in paragraph (a)(i); and Ø Holds a certificate of medical fitness; and Ø Holds a certificate of safety training. 4. It provides transitional arrangements, as set out in Table 1, which can be downloaded from here: 5. It clarifies the obligation of the employer to provide a seafarer with a sea service (and training) record MO70 specifies that the owner of a vessel must, if requested by a seafarer who is performing or has performed duties or functions in relation to the vessel, give to the person making the request details about any of the following that the seafarer requires for an application under this Order: Ø His or her service with the owner; Ø Any training mentioned in the STCW Code that the seafarer has undertaken while performing duties or functions in relation to the vessel. 6. It provides no new career path opportunities for Integrated Rating/Chief Integrated Rating into the Deck Officer of Engineering Officer streams In the Deck Officer stream, the existing provisions to enter the Deck Watchkeeper stream remain. The eligibility requirements provide 2 pathways completion of (i) an approved and monitored onboard training program for integrated ratings including at least 24 months documented qualifying seagoing service on vessels 500 GT while holding a certificate of proficiency as Integrated Rating; or (ii) at least 36 months documented qualifying seagoing service on vessels 24 m In the Engineering Officer stream, there are 3 pathways to enter the Engineer Watchkeeper stream. To be eligible the seafarer must have completed at least 1 of the following engineer training programs: Ø an engineer cadet program; Ø a trainee engineer program;

6 Page 6 of 7 Page 6 of 7 Ø an engineering experience training program; and v if the person has only completed the engineering experience training program hold or have held for at least 12 months an Engineer Class 3 NC certificate of competency or an unrestricted Engineer Class 3 certificate of competency issued by a State before 1 July AMSA has clarified the relationship between certain certificates issued under MO3 and under MO505 (National Law) AMSA has acknowledged that the equivalent relationship between certificates issued under the National Law (MO 505) and MO certificates was not stipulated in its consultation drafts of MO3. As a result it made a new legislative instrument, the Marine safety (Navigation Act seafarer qualifications) Exemption 2013 [made under subsection 143(1) of the Marine Safety (Domestic Commercial Vessel) National Law], with effect from 3 December 2013, that provides an exemption for seafarers who hold a certificate issued under MO70-72 to also perform duties or functions on a domestic commercial vessel. Ø In the ratings stream, this means an Able Seaman, Deck Rating or Engine Room Rating does not also have to hold a General Purpose Hand (Near Coastal NC) Certificate. Note that this Exemption instrument will be amended after 1 April to reflect the new Ratings certificates. It expires at end 2016 when the National Law transitional arrangements phase out. Appendix 1: Comparison of Watchkeeping requirements under current MO3 with those in new MO73 Current MO3 36 Watchkeeping 36.1 A person who performs duties as part of a navigational watch must hold: (a) a valid certificate of proficiency (integrated rating); or (b) a valid certificate of rating as Able Seaman or Deck Rating; or (c) a valid certificate of safety training, together with documentary evidence to the satisfaction of the Master that the person is competent to form part of a navigational watch; or (d) a valid certificate of recognition equivalent to a certificate mentioned in paragraph (a), (b) or (c) A person who performs duties as part of an engine room watch must hold: (a) a valid certificate of proficiency (integrated rating); or (b) a valid certificate of rating as Engine Room Rating; or (c) a valid certificate of safety training, together with documentary evidence to the satisfaction of the Chief Engineer that the person is competent to form part of an engine room watch; or (d) a valid certificate of recognition equivalent to a certificate mentioned in

7 Page 7 of 7 Page 7 of 7 paragraph (a), (b) or (c) A person who holds a seafarer certificate in order to perform watchkeeping duties in accordance with subsections 36.1 and 36.2 must also hold a current certificate of medical fitness applicable to the duties for which the seafarer certificate is to be used. New MO73 11 Watchkeeping requirements (1) A person is qualified to perform duties as part of a navigational watch on a vessel if the person: (a) has completed: (i) both: (A) at least 2 months documented qualifying seagoing service; and (B) an approved program of study, that includes vocational training, that complies with STCW Code section A- II/4; or (ii) at least 6 months documented qualifying seagoing service that includes vocational training that complies with STCW Code section A-II/4; and (b) holds the following certificates: (i) a certificate of safety training; (ii) a certificate of medical fitness; (iii) an approved steering certificate. (2) A person is qualified to perform duties as part of an engine room watch on a vessel if the person: (a) has completed: (i) both: (A) at least 2 months documented qualifying seagoing service; and (B) an approved program of study, that includes vocational training, that complies with STCW Code section A-III/4; or (ii) at least 6 months documented qualifying seagoing service that includes vocational training that complies with STCW Code section A-III/4; and (b) holds the following certificates: (i) a certificate of safety training; (ii) a certificate of medical fitness. Note that Holders of some ratings certificates are qualified to form part of a navigational watch or an engine room watch. Holders of equivalent certificates of recognition may also be qualified