Carol Brown (Tasmania, Australian Labor Party, Shadow Assistant Minister for Infrastructure and Regional Tourism) Share this | Hansard source

I rise to speak on the ANL Legislation Repeal Bill 2019. This legislation represents a tidy up of arrangements that were put in place when the Australian National Line was sold by the Howard government in 1988. At the time of sale, employee entitlements were transferred to the new owners along with all physical assets and the ownership of all business names and associated intellectual property. It has since become apparent that, due to the original ANL Act not being repealed, whilst the Australian government no longer owns the business names of the Australian National Line, the current owner's use of them is compromised. The ANL Act lists the business name Australian National Line as a protected name from unauthorised use. The original intent of protecting the name in the ANL Act 1956 was to ensure that no parties not associated with ANL would be able to use the name or similar names as a trading name. Since the sale, this is no longer necessary. Instead, what has come to light is that the CMA CGM, the owners of ANL, now face limitations on registering and re-registering domain names and other intellectual property due to the 1956 protection of the name ANL still being in place. The opposition agrees that it is unreasonable for this impediment to be in place and therefore supports this legislation. Similarly, we support the repeal of the ANL Guarantee Act, another piece of legislation that has not been required since the sale of ANL in 1998. The old guarantee act was in place to provide for the Commonwealth government to guarantee any loans or other financial undertakings given by the then government-owned ANL.

In supporting this legislation, I would like to thank the Deputy Prime Minister's office and officials from the department for their timely and professional advice on this legislation. However, what the opposition does not support is the current government's lack of support for the Australian maritime industry. Unlike those opposite, Labor is a proud supporter of Australian shipping. We believe that the future of Australian shipping is vital for our economic, environmental and national security. As an island continent, it is natural that shipping provides the key transport linkage for our international trade in commodities. In fact, 99 per cent of the trade to and from Australia is carried by ship. Sadly, less than half of one per cent of this trade is carried by Australian flagged vessels. Disappointingly, thanks to this government, less and less of this trade is carried out by Australian workers on Australian flagged ships. That is because as soon as they were elected the Abbott-Turnbull-Morrison governments set about dismantling the policy framework that was put in place by Labor to support and encourage the maintenance and growth of Australian shipping.

This government's assault on Australian shipping started with the competition policy review that was released in 2015. The Harper review basically recommended open slather when it came to Australia's coastal shipping. In their narrow view of the world, there were limited or no benefits to Australian flagged vessels being given priority in moving around our coastal trade. The government's lack of support is having an adverse impact on our local maritime industry. For the year 2015-16, the total tonnage of goods carried under coastal trading licences was 34.3 million tonnes. Of that total amount, only 10.4 million tonnes was carried by Australian flagged vessels. Twenty million tonnes was carried under temporary licence and a further 3.9 million tonnes was carried by vessels with transitional licences.

A temporary licence provides access to engage in coastal trading in Australian waters for foreign flagged vessels. The licence is usually valid for 12 months, is limited to Pacific voyages and costs $400. Alarmingly, there has been a continued decline in the number of major Australian registered ships. Today there are only 13 registered ships flying the Australian ensign. There is an alarmingly low number. Australian flagged ships crewed by Australian mariners would be the cornerstone of any additional capacity and skills our nation might need in times of significant national crisis. Australian owned large cruise ship companies seem to prefer foreign flagged vessels staffed with crews employed under overseas conditions that have much lower standards for wages and occupational health and safety. The industry is booming, but the Australian economy is not reaping the full benefits.

The horrifying stories of abuse and neglect of crews that often end up in Australian waters should be a cause for concern for everyone in this chamber. It certainly was when Labor was in government, which is why the then Minister for Infrastructure and Transport, Anthony Albanese, established a national system to lift safety standards. The Marine Safety (Domestic Commercial Vessel) National Law Bill and 'stronger shipping for a stronger economy' reforms introduced by Mr Albanese not only protected maritime workers' safety whenever they were in Australian waters but also sought to provide a stronger framework to protect Australia's coastal and marine environment. These reforms were welcomed by industry and workers alike.

What has happened since? Unfortunately, as soon as the current government came to power, under the first of their three prime ministers in the past six years they immediately went to work on dismantling those protections. Another challenge facing our maritime industries, our national economic interests and our national security is the ever-increasing number of temporary licences granted by this government that allow foreign flagged ships to do the work of Australian maritime workers in Australian waters. Previous Senate committee inquiries have highlighted the challenge that flag-of-convenience crews pose when they come to Australia. Australian mariners are subject to stringent background and criminal record checks before being issued with their Maritime Security Identity Card, MSIC, which is essential for any Australian seeking to work in Australian waters or on Australian wharves.

However, foreign crews or foreign flagged vessels are not subject to these conditions. Not only are there real risks to their health and safety—as they've often been forced to spend months if not more than a year at sea without any contact with family or friends, working for subsistence wages—but also we have no way of knowing or policing their background and associations when they dock in Australia. That this has been allowed to flourish on the government's watch is truly alarming. Whilst organisations like the International Transport Workers Federation and locally the MUA do what they can to support vulnerable and exploited workers whenever they are aware of them arriving in Australia, the current situation really is not good enough.

In addition to the genuine safety and security concerns that arise out of the government's approach, I'm sure colleagues will share my concern at the reports that have emerged over the past few years of overseas-sourced labour working for as little as $2 per hour to provide maritime services. Only recently the International Transport Workers Federation asked AMSA to urgently investigate following reports that seafarers on a vessel docked at Port Kembla had not been paid for two months. The bulk carrier was in Port Kembla to carry steel from BlueScope. AMSA was also called in to detain a foreign flagged vessel at the port of Brisbane just the other week—again, because of reports of underpaid workers. In this case it is alleged that the crew were owed over $100,000 by the ship's owners. A Panama flagged vessel docked in Gladstone the previous week was found to be carrying fraudulent documentation and operating two sets of books, the second set in an attempt to disguise wage theft. Last year AMSA detained a vessel in Devonport, again following complaints of unpaid wages. In this case, crew had not been paid for six months. Eventually the vessel was given permission to leave, after more than $300,000 in unpaid wages were recovered.

Recently the ITF inspectors identified $250,000 in unpaid wages during audits of vessels at Australian ports in one week alone. These cases show that massive wage theft and most likely other exploitation of foreign seafarers is taking place in Australian waters. AMSA usually acts swiftly when they're made aware of these abuses, but it's not good enough for the government to sit back and wait for organisations like the ITF to do what should be the government's job. And, as has been pointed out time and time again, these situations have occurred not because there is a shortage of skilled maritime workers in Australia but because the government has allowed and facilitated this race to the bottom. The deregulation-at-any-cost approach that began under the former Deputy Prime Minister Warren Truss, and continues to this day, brings with it consequences that impact on our economic and national security.

Earlier this year the national secretary of the Maritime Union of Australia, Mr Paddy Crumlin, said:

… the Liberals and Nationals have been driving a race to the bottom on the Australian coast, with highly-skilled Australian seafarers replaced by flag of convenience vessels registered in notorious tax havens and crewed by exploited foreign visa workers …

Well, Mr Crumlin was right. The federal government stood idly by in the first half of this year when BHP axed the last two Australian iron ore carriers. This ended a proud Australian maritime trade that had existed for a century and, with the axing of those two vessels, 80 Australian jobs disappeared. No sooner had BHP made their announcement than the federal government signed off on temporary licences that replaced the vessels with foreign flagged carriers and allowed 80 hardworking Australians to be replaced by those with overseas visas. So much for protecting and supporting Australian jobs and Australian workers!

This government is certainly no friend of workers, especially seafarers and maritime workers. Indeed, they actively work against Australians seeking good jobs to support their families. Australia must have as a priority the maintenance of a skilled and valued maritime workforce. That is why this is a priority for Labor at a national and at a local level.

In my home state of Tasmania, the Hodgman Liberal government has repeatedly neglected our state's needs. Most of the goods that Tasmanians need for their day-to-day lives come to Tasmania by ship. The goods we seek to export to mainland Australia and the rest of the world leave our state by ship. In recognition of the vital role our ports play in Tasmania's economic future, TasPorts has repeatedly called for an $80 million investment in the port at Burnie. This money is essential to increase the port's capacity, improve ship-loading capacity and construct an international container terminal.

Tasmania depends on infrastructure like that much needed in Burnie to maximise our agricultural and mining exports and to enhance our appeal as a tourist destination. This critical investment would directly lead to jobs on the north-west coast in the electorate of Braddon. People on the coast are finding it tough to get a job. Starving our vital infrastructure of the investment it needs to help our export industries and create jobs just doesn't cut it. Without this investment, our agriculture and mining sectors miss out on export opportunities and locals miss out on jobs. Yet the government has failed to provide, in a timely manner, the investment that farmers and mining companies are pleading for.

It is not just the needs of our ports that the Hodgman Liberal government is ignoring. It is also ignoring the safety of those working in and seeking to use our ports. There is currently a dangerous lack of maritime pilots working at the Port of Hobart. Until recently, there was only one marine pilot available in all southern Tasmania. This one person has had to cover the Port of Hobart 24 hours a day, 7 days a week, for the past month. Unless the government acts, and acts quickly, operations at the port will become risky as we head into the busy cruise ship season. The amount of stress being experienced by marine pilots operating in Tasmania is of significant concern. Poor rostering has caused shipping delays. Shipping at Bell Bay was delayed for 12 hours late last year because of a shortage of available staff. The pilot shortage at the Port of Hobart has also led to delays in shipping. Pilots employed by TasPorts have been known to accumulate up to 12 months of leave for the reason that there aren't enough pilots employed by TasPorts to allow them to take a well-deserved break.

Just as Tasmania is dependent on a vibrant Australian maritime sector, so too are many of our important regional communities. For example, how would our regional and remote communities in the Torres Strait get the supplies they need if it weren't for Australian ships and Australian seafarers? Where is the Australian government's commitment to those communities' ongoing welfare? Not only do Australian seafarers help sustain these communities; they help improve our knowledge of environmental and other incursions on our coastline. You have to ask: what does the Liberal Party have against Australian ports and our maritime industries?

Despite the government's lack of interest, Labor remains committed to working with all stakeholders to revitalise the Australian shipping industry. In the lead-up to the last election, Labor's then shadow minister for transport and infrastructure, Anthony Albanese, committed Labor to ending the abuse of temporary licences that has occurred under this government—abuse, I might add, that is contrary to the current legislation. Mr Albanese has repeatedly and correctly pointed out that the national interest is no longer adequately prioritised by this government when it is considering maritime policy.

Unlike those opposite, Labor believes in a strong and vibrant maritime industry and will always support Australian seafarers, maritime workers and Australian flagged ships. This is why Labor is proposing its amendment to the second reading motion.

As I mentioned earlier, Labor supports this legislation. Labor would also welcome the support of the chamber in standing up for Australian shipping and Australian maritime jobs. We can't have a strong, secure economy if our nation is completely reliant on foreign vessels to provide our fuel, bring in the goods we need, carry our exports and move products around our coastline. I formally move the second reading amendment standing in my name and I commend it to the chamber. I move:

At the end of the motion, add: "but the Senate:

(a) notes this Government's record of undermining the Australian shipping industry; and

(b) reaffirms that Australia's economic, environmental and national security interests are best served by a viable and competitive Australian shipping industry."