A dispute over access to a Carnival Cruise Line ship at Sydney’s Overseas Passenger Terminal last week has exposed a legal grey area between workplace safety laws and maritime rules, after officials from the Maritime Union of Australia were denied entry to the vessel and regulators became involved. The incident...
A dispute over access to a Carnival Cruise Line ship at Sydney’s Overseas Passenger Terminal last week has exposed a legal grey area between workplace safety laws and maritime rules, after officials from the Maritime Union of Australia were denied entry to the vessel and regulators became involved.
The incident has drawn attention to the regulatory complexity surrounding foreign-flagged cruise ships operating in Australian ports, where maritime law and state workplace safety legislation can overlap.
Officials from the Maritime Union of Australia (MUA) were denied access to Carnival Adventure last Mon, as they attempted to board under the New South Wales Work Health and Safety Act 2011.
The law allows permit holders the right to enter a workplace in NSW to consult with and advise all workers present.
Inspectors from work health & safety statutory agency SafeWork also attended the scene, on request of MUA, in order to help settle the dispute, which presently remains unresolved.
MUA officials are alleging Carnival has denied its officials lawful entry to the ship, and refused to comply with Australian workplace health and safety laws.
“The actions of Carnival alongside Circular Quay were a breach of state safety laws and they will now be prosecuted,” MUA assistant national secretary Jamie Newlyn said.
However Carnival told CW it was under no obligation to allow the MUA officials entry, and that they lacked the authority to board the ship under maritime law.
Carnival asserted the MUA officials boarding the ship would have created a security risk.
The company also claimed SafeWork was not seeking an inspection of the ship, and were present purely in a dispute resolution capacity.
Union testimony, as well as evidence given in the Parliament of NSW last week, claimed SafeWork did seek access to the ship, and was refused.
However, SafeWork did not confirm whether its inspectors attempted to board the ship in a statement provided to CW.
Cruise ships typically operate under foreign flags, meaning they are primarily regulated under international maritime frameworks rather than domestic workplace laws.
Carnival pointed to the Australian Maritime Safety Authority (AMSA) as the proper regulator for protecting seafarers’ working and living conditions, and told CW its officials are “always welcome on board”.
AMSA investigates seafarer health and safety concerns in line with the Navigation Act 2012 and the Maritime Labour Convention.
This includes foreign-flagged vessels which operate in Australian waters.
AMSA last month inspected and cleared another of the company’s ships, Carnival Encounter, of any deficiencies, following whistleblower concerns in Darwin (CW 10 Feb).
However AMSA noted in a statement to CW that in this case, other WHS regulators may also have jurisdiction, in line with relevant legislation.
AMSA also reinforced it is an offence under the Navigation Act to board a vessel after being refused entry.
SafeWork said enquiries into the matter are ongoing, with the dispute underscoring ongoing questions about how Australia’s workplace safety laws apply to foreign-flagged vessels home porting in the country.
Adventure is currently sailing a four-day round trip from Sydney to Moreton Island. MS
