AIMPE TUG DELEGATES CONFERENCE NOVEMBER 2013

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STW CONVENTION AND CODE WITH 2010 MANILA AMENDMENTS

• STCW Conference held Manila 21-25 June 2010 • 500 delegates and 85 member States plus 17 NGOs – AIMPE part of Australian delegation • Manila Amendments adopted 25 June 2010 • Amendments bring Convention and Code up to date with new developments since adoption in 1978 and revision in 1995 • In force 1 January 2012 • Transitional arrangements 5 years to 31 December 2016 2

STCW Cont.

Not all of the Conference outcomes and amendments acceptable to all Parties; some of the changes were: • Improved measures for fraudulent practices – Evaluation process strengthened – Standard format of certificates and endorsements – Date of expiry of any extension to the validity of certificate • Propulsion power definition retained • New requirements for marine environment awareness training and leadership training • Updating of competence requirements for personnel on tankers – Two options for advanced training on tankers for all crew responsible for loading – Format of basic tanker courses updates 3

STCW Cont.

• New requirements relating to electronic charts and information systems (ECDIS) • New training guidance for personnel on – Ships operating in polar waters – Personnel operating dynamic positioning systems • New security training requirements – Security Awareness Training Certificate – Provisions to ensure training if ship comes under pirate attack • New modern training methodology introduced to include distance learning and web-based training 4

STCW Cont.

• Transitional arrangement provisions unchanged – 5 year period for Administrations to get new systems in order • New revalidation provisions include: – Security awareness training (SAT certificate) • Introduction of refresher training ashore – AMSA Marine Notice 2013/02 ‘Validity and Revalidation of Certificates’ – fire fighting and survival craft course – opposed by AIMPE at STCW – appropriate training received at sea by engineers 5

STCW Cont.

• Regulation VIII/1 Fitness for duty • Revised requirements for hours of work and rest – minimum 10 hours rest in 24 hour period – 77 hours in any 7 day period – Administration may allow exception back down to 70 for up to 2 weeks but not continuously – hours of rest may be divided into no more than 2 periods, one of which shall be at least 6 hours and intervals – intervals between consecutive periods of rest not to exceed 14 hours 6

STCW Cont.

Engineering requirements specified in Chapter III • For engineer watchkeeper – Age for issue of certificate 18 years – Approved 30 months training reduced to 12 months of combined workshop skills and sea service – Completion of combined workshop skills training and – approved sea service of not less than 30 months in engine department • Lowering of standards vigorously opposed by AIMPE

AMSA starts to incorporate lower standards into MO3(7)/T2T

• Will cover additional changes and reductions in qualifying sea service for engineer certificates later 7

INQUIRY INTO COASTAL SHIPPING 2008

In mid 2008 AIMPE made submissions to House of Reps Standing Committee on Infrastructure, Transport, Regional Development and Local Government • Amendments to the Navigation Act 1912 • The establishment of a single national system for maritime safety regulation administered by AMSA • Tonnage tax • Address training and skills shortage 8

Rebuilding Australia’s Coastal Shipping Report Oct 2008

• House of Reps table Report in Parliament –

‘Rebuilding Australia’s Coastal Shipping Report’

• Reform of Part VI of Nav Act 1912, Navigation (Coasting Trade) Regs 2007 and the Ministerial Guidelines for Granting Licences and Permits to engage in Australian domestic shipping • Implementation of SNJ • Optional tonnage tax linked to mandatory training requirements • Address training and skills shortage 9

NATIONAL MARITIME TRAINING AND CERTIFCATION

• Start of new MO3 Review by AMSA and consideration of the Tinny to Tanker (T2T) system in June 2007 [STCW?] • AIMPE commenced meetings with AMSA to determine ‘equivalent’ trades for engineer watchkeeper cert and re assessment of trades for EC3 holders • At AMSA/ASA Shipping conference in September 2007 AMSA announce new Second Engineer (MED1) and Chief Engineer (EC3) near coastal certificates and lowering of standards to STCW95 • AIMPE oppose lowering of standards to STCW and proposal to use NSCV in Marine Orders Part 3 was also opposed by AIMPE • AMSA then agree to consult with AIMPE 10

MO3 Review Contd.

In discussions with AMSA they agreed to AIMPE request to: • expand list of approved trades for w/k cert • Accept post-trade work for w/k cert requirements • AMSA to issue EC3 and all MED certificates • AMSA to be comprehensive regulator of all sizes of commercial vessels • AMSA to work with AIMPE on new engineer cadetship program and maintain current standards • Retain oral exams • Not reduce sea service requirements 11

MO3 Review Contd.

• Without consultation in November 2008 AMSA, announce T2T model – model opposed by AIMPE • AMSA then agree to – separate Marine Order for marine engineers – PEE to make all decisions not manager – Consider national eng knowledge exam papers – maintain full sea service requirements – AMSA to issue all certificates in SNJ – retain oral exams and full oral exams for issue of Certificates of Recognition 12

MO3(7)

AMSA proposes new proposals in 2009 which are again opposed by AIMPE: • AMSA have disregarded all of AIMPE concerns • career path for engineers and engine drivers cobbled together with little or no consultation • T2T model reduces standards of safety training and certification • changes are not justified by the rising incidence of injuries and fatalities on small commercial vessels • AMSA should not adopt the flawed

Part D NSCV

; 13

MO3(7) Contd.

After much consultation AMSA agree to: • Chief Examiner to have discretionary power to make decisions • amend MO3 to allow EC3 holders to qualify for engineer watchkeeper certificate – need to meet Eng Cadet workshop training competencies – 30 months sea service on ships over 750kW pp holding EC3 if workshop competencies at EC3 level – 24 months sea service over 750kW holding EC3 if already completed Eng Cadet workshop training competencies – evidence of sea service and maintenance on board for existing EC3 holders – consideration for EC3 Maritime Training Package (MTP) Competency Modules to match Engineer Watchkeeper modules 14

MO3(7) Contd.

• • AMSA meets with AIMPE to consider new trades for engineer watchkeeper certificates Certificate III + 18 months fitting, or repairing mechanical or electrical machinery or engines OR • Certificate III + 18 months minimum period of workshop training specified in the MO3 Workshop Service Table • • • • •

Acceptable trades:

Certificate III in Engineering – Mechanical Trade Certificate III in Automotive – Mechanical – Diesel Fitter Certificate III in Automotive – Mechanical – Heavy Vehicle Road Transport Certificate III in Automotive – Mechanical – Heavy Vehicle Mobile Equipment, Plant/Earthmoving, Agriculture Certificate III in ESI Generation - Mechanical 15

MO3(7) Contd.

• New draft MO3(7)(mark 2?) introduced in late 2009 in which AMSA reneges on all previous agreements and issues • No discretionary power for Chief Examiner • MO3(7) riddled with mistakes • Deletion of 36 months approved education and training from Engineer Watchkeeper requirements – new STCW?

• Age for W/k certificate reduced from 20 to 18 years (in current and new STCW) • No mention of engineer cadets or cadetships, apparently forgotten by AMSA • Removal of Eng W/k initial workshop training requirements – to be placed on AMSA website 16

AMSA ADMITS MISTAKES

• • AMSA embarrassed by mistake ridden MO3(7) and withdraws it AMSA agrees to collaborate with AIMPE in development of new MO3 – here we go again!

• Separate engineering requirements – MO5?

• Chief Examiner to have power to review and approve decisions • New process to approve trades for W/k certificate • New Bridge for EC3 holders to progress to Engineer W/k system 17

AIMPE WRITES MO PART 5 FOR ENGINEER OFFICERS

• Discussions with AMSA were then slow and unfruitful – It appeared that AMSA did not want to talk to AIMPE • In an effort to hasten proceedings AIMPE produced MO5 “Marine Qualifications Engineer Officers” in June 2012 with all previous agreements with AMSA included • MO5 a stand alone document for engineers as per previous MO5 issued in 1983 • Chief Examiner given discretionary powers • Introduction of agreed trades for engineer watchkeeper • AMSA did not wish to discuss MO5 18

AIMPE BRIDGE FOR EC3 TO EW/K AND EC2 – FEDERAL COUNCIL DECISION

• Meetings with AMSA during 2011 still sparse • Federal Council agreed to the following proposals for MO3 – detailed in June 2011 On Watch: • Allow EC3 holder with non-approved trade entry to eng w/k on completion of 18 months sea service over 750kW while holding EC3 certificate; need to complete Eng Cadet workshop competencies; • Allow EC3 holder with approved trade direct entry to EC2 on completion of 24 months sea service over 750kW while holding EC3 certificate; • EC3 holder without trade to complete 30 months sea service over 750kW including onboard maintenance while holding EC3 certificate plus engineer cadet workshop competencies and approved course • If onboard maintenance approved by AMSA no further sea service required • Above proposals forwarded to AMSA for their consideration 19

MO3(7)

•

New draft of MO3(7) (Mark 3?) introduced 2011:

• AMSA ignored most of Federal Council proposals

Engineer Cadetship

only – appears to follow new STCW competencies 36 of approved education and training deleted 12 months watchkeeper?

• Does not specify 36 weeks approved practical training ashore

Engineer Trainee

• Approved trades similar to those previously agreed with AMSA plus approved program as per A-III/1 of STCW Code • Does not include agreed additional workshop service and maintenance onboard for trades not originally approved in MO3, • No oral examination specified for any certificates – Final assessment only 20

MO3(7) Contd.

• • • • • • AMSA introduces bridge for EC3 into engineer watchkeeper Must hold State or AMSA EC3 certificate Approved training course that meets A-III/1 of STCW Code Approved workshop skills and training in STCW competencies Only 26 weeks sea service over 750kW – not as per previous agreement with AMSA Complete Training Record Book No oral examination specified • final assessment only 21

ENGINEER W/K CERTIFICATE – BRIDGE FOR RATINGS

MO3(7) proposes new path proposed by AMSA for ratings • Most hold Able Seafarer, IR or CIR Certificate of Proficiency • Approved training course that meets A-III/1 of STCW Code • Approved workshop skills and training in STCW competencies • Only 26 weeks of qualifying sea service required while holding certificate on ships over 750 kW • Complete Training Record Book • No oral examination – Final assessment only 22

AMSA’s LATEST BACKFLIP

• On 25 October 2011 AMSA sent AIMPE their latest draft of the engineering requirements to be specified in new MO3 – only 4.5 pages – AMSA influenced by Shipping Reform Committees?

• AMSA reneged again on most if not all of previous agreements with AIMPE over the last few years • MO3 again riddled with mistakes and appears to have been written by a non-engineer trying to harmonise the engineer requirements with the deck requirements and STCW minimum • Principal Examiner of Engineers not given the appropriate discretionary powers, final decision made by Manager who may not be a marine engineer 23

MO3(7) Contd.

• Mistake ridden MO3(7) withdrawn by AMSA in May 2012 – New draft MO3(7) (mark 4?) introduced early 2013 and superseded in July 2013 • Marine Engineers Qualification Bill 2013 presented to Federal Parliament in March 2013 – Bill introduced by Andrew Wilkie – Bill to secure standard of engineer qualifications in Australia 24

MARINE ORDERS PART 3(7) 2013

• MO3(6) updated to include relevant provisions of MO4(Transitional Modifications) – same requirements as current MO3(6) – brings in new transitional provisions for revalidation specified in Marine Notice 2013/02 • New draft MO3(Seafarer Certification) 2013 posted by AMSA in July 2013 – draft almost the same as previous MO3(7)(mark 4) posted a few months before and withdrawn by AMSA – new MO3(7) omits decisions previously agreed to by AMSA – Here we go again!

• AIMPE oppose lowering of standards to STCW minimums 25

MO3(7)(2013) Contd.

• New draft MO3(2013) introduced July 2013 • Engineering requirements not what was agreed to by AMSA • Draft MO3 50% longer and difficult to read – written in legal terms • No mention of Principal Examiner of Engineers • Approved means approved by AMSA – not principal examiner – approved could mean anyone in AMSA 26

MO3(2013)

• Final assessment by AMSA, no mention of Principal Examiner, a part of which is by oral exam • 6 month time penalty introduced for failure in oral exam • No definition of steamship and motorship certificates or endorsements • No definition of propulsion power • No State certificates issued 27

ENGINEER WATCHKEEPER CERTIFICATE

• Age for issue reduced from 20 to 18 years (STCW) • 36 months of approved education and training back • No approved cadetship specified • 36 weeks practical training ashore amended to allow training elsewhere – AMSA states training ashore may place restraints on completion of training using CBT – Industry concerned at decreasing quality of training for cadets • Engineer trainee workshop skills introduced again not as per previous AMSA agreement • Only 26 weeks sea service over 705 kW for EC3 holders • New endorsement as chief engineer less than 3000 kW NCV – For EC3 holders?

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ENGINEER CLASS 2

• Total sea service reduced from 15 months to 12 months while holding engineer w/k cert • Allows EC3 holder into engineer w/k on completion of 24 weeks sea service over 750 kW • Completion of full EC2 course of study • For EC3 holder - completion of engineering training program in accordance with

STCW A-III/1

includes program of workshop skills and competencies • Final assessment 29

SECTION A-III/1 OF STCW CODE

• An approved training program that meets the requirements of A-III/1 of the STCW Code and includes a program of workshop skills training in the following competencies from STCW code: • maintenance and repair of electrical and electronic equipment; • appropriate use of hand tools, machine tools and measuring • instruments for fabrication and repair on board; • maintenance and repair of shipboard machinery and equipment

No details of time taken, skills to be achieved – can be used for the STCW 12 months engineer watchkeeper

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ENGINEER CLASS 1

• Total sea service reduced from 39 months to 36 months • Allows combination of sea service while holding engineer class 2 and EC3 certificates to count for EC1 • EC3 holders must still complete the full EC1 course

• Final assessment

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ELECTRO-TECHNICAL OFFICER

• Electro-technical officer introduced as specified in STCW – not a mandatory qualification – Electro-technical rating also introduced • Requirements for issue of ETO certificate do not require an electrical trade AIMPE lobbied AMSA for change as this is a safety issue AMSA does not agree 32

STCW ENDORSEMENT

• New MO3(7) 2013 does not contain provision for issue of STCW Endorsement – AMSA ceased issue of endorsements on 1 January 2013 – without industry consultation • AIMPE met with AMSA last month to discuss and get them to re-start issue of endorsements – EC3 holders disadvantaged as AMSA believe EC3 certs not suitable on foreign flag ships • AMSA concedes there may be a problem and will get back to AIMPE to discuss any future changes – if any!

• Situation not improved by new National Standard for Commercial Vessels (NSCV) NSCV Part D causing problems 33

NATIONAL STANDARD FOR COMMERCIAL VESSELS

• NSCV is the standard prescribed in the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 – developed as an upgrade and amendment to the USL Code • Marine Order 505 prescribes NSCV Part D ‘Crew competencies’ • Marine Order 504 prescribes NSCV Part E ‘Operations’ • Marine Order 503 prescribes NSCV Part C – Part C is the prescribed standard for vessels which are brand new, and existing vessels in commercial survey/registration in the two years prior to commencement of the National System 34

NSCV Part D ‘Crew Competencies’

• • • • NSCV Part D ‘Crew Competencies’ downgrades engineer qualifications and reduces safety standards Raises the propulsion power/complexity of vessels that can be put under the command of the holder of a lower capacity engineering certificate Extends the operational limits for lower-capacity engineering certificates In contravention of STCW, counts only half the propulsion power (i.e. one engine’s propulsion power on a multi-engined ship) to determine the engineering/safety qualification required. 35

AIMPE/TEEKAY-SPONSORED CADET PROGRAM

• Selection panel includes AIMPE Director professional standards • Self funded cadets • Company pays accommodation, college fees, travel, victualling on board etc • Cadet must attend Hunter IT • Cadet paid bursary in seven instalments – at 6 monthly intervals – each payment conditional on cadet successfully completing each stage of program • Cadet must complete full program – involves at least 60 weeks sea service – Companies requested additional service 36

CADET PROGRAM Contd.

• Must have completed HSC year 12 in maths, English and science (physics) • Successful cadet to undergo supernumerary pre sea training of 2 – 3 weeks • AMSA medical • Hunter IT Part A eng w/k and EC2 course • 6-8 weeks fitting and machining • Remaining workshop service training ashore integrated with sea service 37

CADET PROGRAM Contd.

• Completion of 50% of sea service and Training Record Book • Completion of eng w/k Part B • Completion of remaining sea service and TRB • All approved AMSA short courses • AEE course • Qualify for Diploma in Marine Engineering • Complete AMSA oral exam and gain engineer w/k certificate 38