In the media
Waterfront union strikes at Fremantle, Kwinana and Port
Botany
Shipping Australia is sad to note that there continues to
be disruptive strike action by the unions during the current health
and economic crisis. A notice of Protected Industrial Action was
issued by the Maritime Union of Australia (27 November 2020).
More...
National Transport Commission to focus on stevedore
charges - FTA / APSA advocacy response
FTA and the APSA welcomed the ACCC Container stevedoring
monitoring report 2019-20 addressing the need for reform to
stevedore-imposed Infrastructure Surcharges / Terminal Access
Charges. In recent weeks, FTA / APSA has subsequently written to
state ministers reiterating that stevedores should be forced to
either absorb operating costs or pass these on to their commercial
client (shipping lines) (26 November 2020). More...
TIC gives NTC carriage of stevedore container access
charges
The nation's transport ministers have acknowledged
collectively that the container logistics chain has developed
concerning characteristics and have handed the issue to bureaucrats
for a soft-touch approach (26 November 2020). More...
DP World defers terminal access hikes to new year
DP World Australia is deferring the review of terminal
access charges at all its Australian container terminals to 2021,
and is told to improve productivity for container haulage (20
November 2020). More...
Could do a lot better: First annual freight chain
strategy report
Earlier this month, the Infrastructure and Transport
Ministers released the first annual progress report for the
National Freight and Supply Chain Strategy. From an ocean-shipping
perspective, it's a bit of a disappointing read (27 November
2020). More...
NSW Government expands Port Botany container
storage
The New South Wales Government has eased restrictions on
storage heights for full and empty containers at Port Botany (24
November 2020). More...
First major wheat export in two years shipped to global
markets
Exporters are roaring back into global markets with the
first shipment of the bumper New South Wales winter wheat harvest
departing Port of Newcastle on the back of record production across
the state (24 November 2020). More...
FMC increases reporting requirements for major carrier
alliances
After announcing that it was opening an investigation into
the tactics used on container fees and the logistical challenges,
the Federal Maritime Commission announced that it has also
increased the reporting requirements for the three global carrier
alliances (25 November 2020). More...
IMO to consider industry call for $5B R&D
recarbonization program
Among the decisions at the International Maritime
Organization's Marine Environment Protection Committee was an
agreement to give further consideration to the proposal of the
major shipping organizations to launch a research and development
initiative funded by the industry and administered by the IMO (23
November 2020). More...
IMO approves draft new global C02 emissions rules for
shipping
Draft amendments to the international marine pollution
treaty to cut the carbon intensity of existing ships have been
approved by the International Maritime Organization's Marine
Environment Protection Committee (20 November 2020). More...
New crew-change policy is neat, plausible. and
wrong
Shipping Australia is very concerned about the ongoing
crisis caused by a lack of crew changes. Hundreds of thousands of
people are trapped at sea and hundreds of thousands of people are
waiting (without pay) to go to sea (20 November 2020). More...
Digital interoperability key to future-proof efficiency
in container shipping
Thomas Bagge, CEO and statutory director of the Digital
Container Shipping Association writes about how interoperability
enables visibility and innovation and how DCSA digital standards
enable interoperability with real-world benefits. Bagge also argues
that standardisation equals success and the transforming container
shipping will require collaboration (20 November 2020). More...
NHVR files primary duties charges in South
Australia
The NHVR prosecution alleges that the defendant held a
primary duty under the Heavy Vehicle National Law as the operator
of a heavy vehicle engaged in heavy vehicle towing. This alleged
breach by the defendant exposed an individual to a risk of death
(25 November 2020). More...
ATA and ALC butt heads on 'national operator
standard'
Peak trucking body sees idea as costly operator licensing
in disguise. The ALC's NHVR submission, which proposes a
national operator standard that would see firms needing to pass a
series of financial, systems and information hurdles to qualify (24
November 2020). More...
ATA slams $3.6 billion tax on freight and jobs
The Australian Trucking Association has slammed the
Australian Logistics Council's proposed operator licensing
system, which would be a $3.6 billion tax on freight and jobs (20
November 2020). More...
NHVR repeals prohibition notice following action
The NHVR has lifted the prohibition notice issued to
Melbourne-based Sidhu Investments (QLD) Pty Ltd, trading as Auswide
Linehaul Services. NHVR Executive Director Statutory Compliance Ray
Hassall said the company had taken actions since the prohibition
notice was issued (24 November 2020). More...
New livestock standard will improve safety and animal
welfare
The Australian Livestock and Rural Transporters
Association of Australia has welcomed the publication of an
Australian Standard for the Livestock loading/unloading ramps and
forcing pens (AS 5340:2020) (24 November 2020).
More...
Record funding call for heavy vehicle safety
programs
Australian heavy vehicle safety programs will receive
another significant boost with the launch of Round 6 of the
National Heavy Vehicle Regulator's Heavy Vehicle Safety
Initiative (20 November 2020). More...
ALC calls for national standard for heavy vehicle
operators
The Australian Logistics Council called on Australian
Governments to consider the development of a national operator
standard for heavy vehicle operators as part of a review of the
Heavy Vehicle National Law (18 November 2020). More...
Published - articles, papers, reports
National freight and supply chain strategy 2019-20
annual report
The report includes: Insights gained during the COVID-19
pandemic; progress against over 350 initiatives across the country;
and a statement by the independent Freight Industry Reference
Panel, encouraging governments and industry to leverage best
practice examples identified in the report, and to ensure accurate,
timely and comparable data is gathered to measure freight movements
through supply chains across jurisdictional boundaries and
transport modes (21 November 2020). More...
NHVR: Newsletter
Fortnightly newsletter providing important
information on the heavy vehicle industry, including the latest
NHVR news and events, relevant law and policy changes. More...
Consigning and transporting dangerous goods packed in
limited quantities - guidance for users
NTC: 18 Nov 2020.
This guideline is designed to assist duty holders and enforcement
agencies in interpreting and applying the requirements of Chapter
3.4 - Dangerous Goods Packed in Limited Quantities in the Code.
More...
Practice and Regulation
Productivity Commission report on national transport
regulatory reform
The Australian Government is consulting with regulators,
jurisdictions and industry stakeholders as it prepares a response
to the Productivity Commission report on National Transport
Regulatory Reform.
Close date: 18 December 2020. More...
Australian Logistics Council submissions
HVNL RIS Response - November 2020.
NHVR: Electronic Work Diaries (EWD).
The EWD electronic recording system, approved by the NHVR,
used to record the Rolls out from December 1. This approval gives
the providers the green light to work with their partners to use
their products as an approved fatigue management system. More...
Revised National Heavy Vehicle Accreditation Scheme
(NHVAS) business rules and standards
Key changes have been made to more closely align NHVAS
with safety management systems to better assist customers meet
their requirements under the Chain of Responsibility laws. The
changes will be effective for new participants from 22 February
2021. More...
NTC discussion paper - A national in-service safety law
for automated vehicles
We are developing and assessing options to assure the safe
operation of automated vehicles while they are in service. The NTC
will accept submissions until 11 December 2020. More...
Commonwealth modern slavery statement paper
This would report on modern slavery risks in the
Government's procurement and investment activities and explain
the steps taken to identify and respond to those risks, and link
with Australia's Modern Slavery Act 2018.
The first Commonwealth Modern Slavery
Statement will be published before 31 December
2020.
MIAL submissions
Submission: Guidelines for granting exemptions
under the Seafarers Rehabilitation and Compensation Act 23
November 2020.
AMSA maximum period of shipboard service for seafarers
during COVID-19 pandemic
26 November 2020 - Marine notice 10/2020 supersedes
04/2020, outlining seafarer repatriation requirements during the
pandemic. To read about the number of complaints we have received,
and what they relate to, see here and here.
AMSA current marine notices
2020/10 Updated: Temporary arrangements for the maximum
period of shipboard service for seafarers during COVID-19
pandemic 11/11/2020.
2020/09: STCW seafarer certificates and
certificates of medical fitness-further arrangements for COVID-19 -
Certification.
The purpose of this marine notice is to advise
flag States, port States, vessel owners, operators,
masters and crews that the AMSA has taken steps to allow the
holders of :seafarer certificates; and certificates of medical
fitness; to continue to perform duties even if the
certificate expires during the period between 26 March 2020 and 31
January 2021. More...
AWA: Exposure draft export control rules 2020
consultation
The department has commenced public consultation on seven
of the commodity specific Exposure Draft Export Control Rules 2020
(draft rules). Deputy Secretary Agricultural Trade Group, David
Hazlehurst, said the consultation was another opportunity for our
export industries and trading partners to provide further input
into the draft rules. The new legislative framework will commence
on 28 March 2021. More...
Cases
Teekay Shipping (Australia) Pty Ltd v
Auld [2020] FCAFC
206
INDUSTRIAL LAW - interpretation of industrial agreements - whether
full bench of the Fair Work Commission made jurisdictional error in
interpretation of enterprise agreement and modern award in holding
that, read together, they contained a consultation term within the
meaning of s 205 of the Fair Work Act 2009 (Cth) held: Model
consultation term applied to exclusion of insufficient and
defective terms dealing with consultation in the enterprise
agreement and modern award.
On 10 January 2019, while each ship was sailing between ports in
Australia and China, Teekay notified the union that
BHPB Freight Pty Ltd, which had chartering arrangements
in place for both ships, was terminating its ship or crew
management agreements with Teekay. The ratings were part of the
crew on each ship.
Maersk Crewing Australia Pty Ltd v
Construction, Forestry, Maritime, Mining and Energy Union (No
2) [2020] FCA
1694
INDUSTRIAL LAW - application for declarations that Fair Work
Commission lacked jurisdiction to make arbitral award - where
dispute as to whether additional steward required on vessels -
where FWC determined enterprise agreement required additional
steward - where terms of enterprise agreement included dispute
resolution procedure providing for arbitration by FWC if matter
unresolved after steps complied with - whether failure to comply
with step one of dispute resolution procedure - whether factual
findings by FWC as to compliance with step one gave rise to issue
estoppel - whether dispute resolved by earlier agreement between
parties as to manning levels on vessels - where earlier agreement
did not amend enterprise agreement - consideration of arbitral
jurisdiction of FWC - application dismissed.
INDUSTRIAL LAW - cross-claim by union alleging failure to give
effect to arbitral award was contravention of Fair Work Act 2009
(Cth) - application allowed.
Pegasus Supply Solutions Pty Ltd and
Collector of Customs [2020] AATA
4688
CUSTOMS AND EXCISE - customs duty - dutiable goods - where
company held warehouse licence under Customs Act 1901 (Cth) - where
collector carried out stock count of all excise equivalent goods
held at warehouse premises - where collector issued request to
account - where applicant served with demand under s 35A(1) -
whether applicant has satisfactorily accounted for the goods in
accordance with s 37 - decision under review set aside.
Legislation
Commonwealth
Gazetted
Heavy Vehicle National Law - South
Australia Class 1 and Class 3 Road Grader and Combination Exemption
Notice 2020 (No.2)
26/11/2020 - This Notice revokes and replaces the South Australia
Class 1 and Class 3 Road Grader and Combination Exemption Notice
2020 (No.1) This Notice makes a clarification to access on State
controlled roads. No other requirements or conditions of the
previous Notice are changed. This notice commences on 30 November
2020.
Heavy Vehicle National Law Heavy Vehicle
Stated Maps - Suspension and Amendment Notice 2020
(No.7)
20/11/2020 - The purpose of this Notice is to amend stated maps for
vehicles at the request of road managers - Suspension or amendment
of the routes in Schedule 1 and 2. This Notice applies in all
participating jurisdictions.
Heavy Vehicle National Law - South
Australia Class 1 and Class 3 Road Grader and Combination Exemption
Notice 2020 (No.1)
20/11/2020 - This Notice revokes and replaces the South Australia
Class 1 Road Grader and Combination Exemption Notice 2019. This
notice commences on 23 November 2020.
Queensland
Subordinate legislation
Transport Legislation (COVID-19 Emergency
Response) Regulation (No 2) 2020 (Qld)
This Regulation is made under the COVID-19 Emergency Response Act
2020, Rail Safety National Law (Queensland) Act 2017, Transport
Infrastructure Act 1994, Transport Operations (Marine Safety) Act
1994. The policy objectives of the Regulation are to provide
financial relief to commercial operators in state-managed boat
harbours and provide a framework that will enable exemptions from
requirements about certain marine authorities. The Regulation will
also extend the expiry of a transitional regulation that preserves
certain Queensland-specific definitions under national rail safety
legislation. Note: This regulation
expires on 31 December 2020.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.