XING NING HAI

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Bulkcarrier banned from Australian waters for non payment of crew

The Australian Maritime Safety Authority (AMSA) banned two bulk carriers from Australian ports on Sep 11, 2019, for breaching the most basic rights of seafarers. The Panama-flagged "Fortune Genius" in Gladstone and the "Xing Jing Hai" in Brisbane have been banned for a period of 12 months and 18 months respectively for failing to pay crew their wages in full and on time. AMSA surveyors boarded the "Fortune Genius" in Gladstone after receiving a complaint via the International Transport Workers’ Federation (ITF). AMSA’s investigation revealed the crew of the "Fortune Genius" had been deliberately under paid by the operator, New Fortune Genius Management, by about A$100,000 ($69,000) for the months of April to August. The ship had been operating with two sets of wage accounts, one showing the amount of wages the crew should have been paid and the other showing what they had actually been paid. The ship was immediately detained. On Sep 11, AMSA surveyors also boarded the "Xing Jing Hai" in Brisbane following similar complaints from the ITF. The complaints related to unpaid crew wages, and the operator, Dalian Ocean Prosperity International Ship Management, has previously been warned over unpaid wages with a sister ship, the Xing Ning Hai. AMSA’s investigation revealed the crew of the Xing Jing Hai had been paid late for the months of May and June, while wages for July and August amounting to about A$140,000 were still outstanding. In July 2018, AMSA had detained the sister ship "Xing Ning Hai" after it was discovered that crew were owed about A$215,000. It was an unprecedented amount for a ship caught in Australian waters. An investigation found the manning agent had failed to pass on the crew’s wages, and the operator committed to terminating its contract with the manning agent to ensure it would never happen again. The operator was issued with a once-off warning. AMSA re-inspected the "Xing Ning Hai" in Port Kembla on September 11 after receiving new allegations from the ITF. The allegations were not substantiated, said AMSA. However the vessel will continue to be subjected to a heightened inspection regime due to the previous issues and the active ban against its sister ship "Xing Jing Hai". Any further transgressions by Dalian Ocean Prosperity International Ship Management can expect a very robust response. AMSA General Manager of Operations Allan Schwartz issued both ships with bans, preventing them from entering or approaching any Australian port – 12 months for the "Fortune Genius" and 18 months for the "Xing Jing Hai" as the failure to pay crew their wages in full and on time is a reprehensible breach of the Maritime Labour Convention and one that AMSA will not tolerate. The operator of the "Fortune Genius" has acted in a dishonest and predatory fashion towards its seafarers, while the operator of the "Xing Jing Hai" has demonstrated a systemic failure to ensure its seafarers get paid properly. The ITF assistant coordinator Matt Purcell said the "Xing Jing Hai" was in Brisbane to deliver clinker to Cement Australia, while the "Xing Ning Hai" was in Port Kembla to carry steel from Bluescope. The "Xing Ning Hai" left Port Kembla on Sep 18 and headed to New Plymouth with an ETA as of Sep 22.

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Bulkcarrier detained for unpaid wages

The Maritime Union of Australia (MUA) has welcomed a decision by Australian authorities to detain the "Xing Ning Hai" in Devonport over hundreds of thousands of dollars in unpaid wages. The vessel had arrived in port on July 22, 2018, and unloaded its cargo of gypsum but has been detained by the Australian Maritime Safety Authority (AMSA) after the recent discovery in the United States that the 22 Chinese nationals onboard were owed more than $250,000USD. The shipowners had promised to pay the full amount of back pay owed upon leaving the United States but serious questions remain over whether the full amount has been paid. The International Transport Workers’ Federation (ITF) has twice inspected the vessel during the week to investigate the outstanding wages, while Hong Kong authorities have arrived in Australia for a joint inspection with AMSA. The bulkcarrier sailed again on July 29 at 4.50 a.m., bound to Gldstone.