ibf memorandum of agreement - imec · ibf memorandum of agreement (valid partnership and work...

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IBF MEMORANDUM OF AGREEMENT

(Valid Partnership and work program issues agreed by the IBF in the course of time)

Issue Agreement

Implementation of the

IBF Framework TCC

Agreement

The IBF Framework TCC Agreement has been negotiated to incorporate most standard

employment conditions. It shall be adopted only between individual JNG-member companies

and ITF affiliates.

The Appendixes to the IBF Framework TCC Agreements set out the agreed provisions

dealing with the main contractual entitlements that may be varied at the local level

following local/national negotiations between JNG members and the member companies

and ITF Affiliates.

These Appendices together with any contractual clauses therein may be developed at

local level and are exclusive to IBF members.

IBF Membership

Entitlements

IBF members have agreed that this bargaining structure must involve a clear, visible and secure

distinction between those organisations participating in the system and those that are not.

To ensure that this concept is translated into tangible procedures, entitlements and benefits

the following has been agreed to apply solely and exclusively to IBF members. In addition, IBF

members have agreed to ensure to the best of their ability that the following measures shall

not be made available to companies or organisations not in membership of the IBF. To this

effect, a Memorandum of Agreement on the IBF Exclusivity has been concluded between JNG

and ITF.

Disputes that may arise concerning the application of IBF membership Entitlements shall be

resolved in accordance with the Disputes Procedure.

IBF Special Agreement

A unique IBF Special Agreement shall be adopted for the exclusive use of JNG members in

respect of their ships registered in countries designated by ITF as “flags of convenience”. The

Special Agreement shall only be issued by ITF following an application by a JNG member

company and after the normal ITF consultation procedures have been completed.

The provisions of this Agreement shall reduce the administrative burdens on JNG members in

obtaining ITF clearance for their ships to the minimum necessary to ensure proper compliance

with the terms of the IBF agreements.

In addition, on satisfactory completion of the IBF Special Agreement, JNG members shall be

issued with an ITF Green Card signifying that a JNG member operates the ship concerned and is

entitled to the provisions that have been agreed should apply to such ships.

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JNG members agree to speedily and efficiently provide all requisite documentation and

payments to the ITF, and ITF agree, subject to no outstanding disagreements or disputes with

the JNG member, on receipt of the necessary documentation and payments, to issue the Green

Card within a period of one month.

ITF Inspections

ITF procedures for inspectors shall provide that ships operated by JNG members shall be

subject to a lower priority for inspection than the ships operated by non-member companies.

To assist in resolving any disagreements or disputes that might arise on board IBF has adopted

a Shipboard Disputes Procedure exclusively for IBF members.

Additionally where disputes do arise IBF members agree to speedily and efficiently provide all

necessary documentation and information required to resolve the dispute satisfactorily.

Except in cases where ITF Inspectors are requested to attend a vessel to deal with a specific

seafarer complaint, they should, where possible, provide a minimum of 48 hours notice of an

intended inspection to IBF covered vessels.

The ITF Inspector is strongly advised to discuss with the Master any findings that may require

rectification, prior to leaving the vessel, to allow for timely action to correct any issues arising

and to ensure that all relevant information has been made available to enable accurate

composition of any written report.

The Master of the vessel may request to receive a summary of the findings contained in the

Inspector’s report, in which case he should forward respective request through the IBF CBA

signatory Company to the ITF Maritime Operations department. The ITF will endeavour to

reply to the Company within the shortest possible period of time.

In any case the ITF, or its Inspector, shall not be expected to provide any information relating to

individual seafarers.

IBF Liaison

To assist in improving communication between IBF members, dedicated e-mail lines have been

established for communication between JNG members and the ITF secretariat. In addition,

both parties dedicate appropriate resources, including trained staff, to deal with the

administration of IBF members’ affairs.

It is further acknowledged that to foster greater understanding between the IBF members it

may be appropriate to operate exchange programmes between the parties.

JNG members shall ensure that they bring to the attention of their constituent member

companies the IBF agreements and encourage then to consider the agreements for

their future crew contracts.

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In order to effectively implement the list of Membership Entitlements, JNG members

agree to notify ITF of the list of their ships covered by ITF Special Agreement on a

regular basis.

IBF members shall refrain from statements against each other at least as long as the

Disputes Procedure is underway.

IBF Seafarers

Support Fund (ex

IBF Welfare

Fund)

As provided in Article 1e) of the IBF Special Agreement, JNG members shall pay to the ITF the

Welfare Fund contributions at the rate stated in Schedule 2 to the Agreement.

ITF agrees that, with effect from 1 January 2012, 5% of the total annual amount of Welfare

Fund contributions due in respect of the ships covered by IBF Special Agreements shall be

transferred to the IBF Welfare Fund bank account, which is administered by a joint panel

appointed by ITF and JNG.

The funds in the account shall be used by the panel exclusively for the benefit of seafarers

serving on the ships operated by JNG members that are covered by an IBF Special Agreement.

For the purpose of this agreement, the panel may make grants from the fund, in

accordance with its Control and Management Rules, in response to requests from JNG

members or from local/national negotiating bodies covering the following:

A) the provision of on-board entertainment, sports or welfare facilities;

B) the provision and maintenance of dedicated crew communication systems;

C) the provision of on-board educational or training material;

D) the provision of social, welfare or educational material or events for seafarers

families;

E) grants to enable seafarers children to train to become seafarers;

F) such other grants that will benefit seafarers as the panel may decide.

In principle, the panel should try to ensure that companies or other parties applying for

grants should not receive more than would be appropriate given the number of ships they

operate covered by IBF Special Agreements. Should any surplus arise, the panel shall

determine how this may be utilised.

IBF Seafarers Support Fund

The IBF Forum met in Miami, USA, on 28 July 2011 and, inter alia, agreed to rename the

IBF Welfare Fund to “IBF Seafarers Support Fund”; all other existing arrangements

remaining unchanged.

In 2013 the IBF amended the rules of the fund as attached (Addendum 6).

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Other Entitlements

IBF members also agree to mutually support each other’s lobbying activities with regard

to governments or international organisations or bodies where these activities are

appropriate to the objectives of IBF, and to provide such other mutual support as may be

agreed from time to time.

Employment

indemnity

The IBF deplore recent developments in which, after certain incidents, seafarers have been

questioned, detained and arrested and subject to criminal prosecution for carrying out their

lawful duties in full compliance with their company’s instructions and in the interests of good

seamanship.

JNG members agree that in the event that similar situations should arise in the future, the

Company concerned will make use of all available diplomatic channels to assist obtain the

seafarers release. In addition the Company will ensure the provision of adequate legal

representation for the seafarers involved and will maintain the employment relationship that

existed with the seafarer prior to the incident. The Company will also consider sympathetically

any cases of particular hardship that might arise to the seafarer or to their families in such

cases.

Death and Disability

Compensation

The IBF agreed that the Model Receipt and Release Form adopted by the IMO/ILO under IMO

Resolution A.931 (attached at Addendum 1) should, subject to conformity with local legislation

and practice, be used as the standard form signifying acknowledgement of correct payment of

contractual claims.

Furthermore, the IBF agreed that exploratory discussions should continue with a view to the

adoption of voluntary arbitration systems in appropriate locations as a means to avoid

contentious and time-consuming legal actions associated with contractual claims for death and

disability compensation.

Medical Care,

Occupational Health

and Safety

The IBF should keep under review reports or other information concerning problems of poor

on-shore medical provision or particular health hazards that might affect seafarer’s health and

safety in specific ports or regions, particularly with regard to cases of HIV infection. Where

appropriate, the IBF should issue advice to ship operators on measures to be taken to minimise

any risks to seafarers, and should consider participating in research into occupational health

and safety problems affecting seafarers.

Disability due to

sickness

The IBF should research alternative options, which may be available beyond the existing P&I

coverage, in order to explore the possibility of extending the entitlement to disability

compensation in cases of sickness.

Pre-Employment The parties of the IBF recognise that further to the provisions of CBA Article 2.2, the following

possibilities / procedures exist for the Seafarer:

Should a seafarer be found medically unfit following the pre-employment medical examination,

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he/she may seek a 2nd medical examination at own cost, by a doctor of the seafarer’s choice.

Should the seafarer be found medically fit following the 2nd examination, a 3rd examination may

be carried out by another medical practitioner, mutually agreed by the company and seafarer,

at the seafarer’s expense.

If a seafarer passes the 3rd examination, he/she shall not be refused employment on the basis

of medical grounds alone.

Onboard Grievance

and Disciplinary

Procedures, including

Harassment and

Bullying

It was also agreed that discussions at local/regional level may develop lists of offences,

including bullying and harassment, for which dismissal, or some lesser sanction, might be

appropriate. In developing such a list, existing maritime publications, agreed by ITF affiliates

and employers or government organizations, should be taken into account.

On 28 July 2011, the IBF in Miami agreed to adopt the following policies:

Disciplinary and Grievance Principles

The parties to the International Bargaining Forum agree that all companies who utilise IBF

Agreements global-wide should operate a Company Specific Disciplinary and Grievance Policy

which provides:

An explanation of what the terms mean and that the policy is designed to give fair

hearing to any employee accused of a disciplinary offence and allows that:

Each step must be taken without unreasonable delay

Timing and location of meetings must be reasonable

Meetings must be conducted in manner allowing both parties to express views

The employee should always be advised in writing of the nature of the complaint and

given the opportunity to state their case before any decision is made

Written notice of the disciplinary hearing should be given to the employee at least one

day before the date of the hearing

A disciplinary hearing should be adjourned if further investigation is required

Examples of behaviour that could be considered to be an offence under the disciplinary

policy, together with the expected level of discipline awarded for each offence.

A statement that certain offences, such as bullying or harassment, may result in

dismissal.

Details of the procedures to be followed if an employee is accused of a disciplinary

offence, including the right to representation/accompaniment by another seafarer at

disciplinary hearings and the right to appeal, together with relevant timescales that the

process should take.

Assurance that all disciplinary cases will be taken seriously, treated confidentially and

fairly.

Assurance that a thorough and fair investigation of a claimed disciplinary offence will

take place, prior to any disciplinary hearing occurring.

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A statement that there will be a right of appeal.

Sources of guidance and support.

The Policy should also include:

the name of the person the employee should contact if they wish to appeal or raise a

grievance.

an alternative name in case this person is unsuitable, for example because they are the

employee's manager.

The process that needs to be followed to elevate the grievance/appeal to shore

management/external authority if it proves impossible to resolve aboard ship.

Bullying & Harassment

The parties to the International Bargaining Forum believe that all seafarers have the right to

work without suffering harassment and bullying in their workplaces and therefore agree that all

companies who utilise IBF Agreements global-wide should operate a Company Specific Bullying

and Harassment Policy which provides:

An explanation of what the terms mean and that harassment covers all the areas

protected by the principle of equality.

Examples of behaviour that could be considered bullying and harassment.

A statement that bullying and harassment will not be tolerated, and could result in the

bully or harasser being subjected to disciplinary action.

A statement pointing out that bullying and harassment will not be tolerated in any

working environment or whilst attached to a vessel as an employee.

That encourages management styles that do not involve aggressive and intimidating

behaviours.

Details of the procedures to be followed if bullying and/or harassment occurs, including

both informal and formal approaches and relevant timescales that should be linked to

the Company’s discipline and grievance procedures.

Assurance that any complaint will be taken seriously, treated confidentially and that

employees making complaints will be protected from retaliation.

Appropriate training for sea and shore based staff particularly those with line

management responsibilities.

Assurance that a thorough and fair investigation of a claim will take place.

A statement that there will be a right of appeal.

Sources of guidance and support including the option of contacting shore based

management.

The Policy should also include:

The name of the senior manager responsible for the company’s harassment and

bullying policy

The name of the person the employee should contact if they are being bullied or

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harassed.

An alternative name in case this person is unsuitable, for example because they are the

employee's manager.

The Policy should also be:

Attached to the IBF TCC Agreement at local level and in consultation with the relevant

ITF affiliated seafarers union.

Disseminated throughout the company and including being made available onboard

the company’s vessels

Additionally, the June 2014 IBF Forum agreed that in order to better address the needs of

females and to provide extra guarantees of harassment-free working environment, all JNG

companies should, where possible, ensure that females are employed on board vessels with

other females and preferably female officers.

Mutual Co-operation

IBF agreed that, where a specific joint effort may be proposed by either IBF party and agreed by

the other, the ITF and the JNG shall cooperate in order to ensure that a prompt and efficient

action is taken in the name of the IBF whether centrally or locally. For this purpose, the

Secretariats shall liaise and adopt, where necessary, mechanisms for the implementation in

coordination with respective JNG members and ITF affiliates.

The areas of such cooperation may include but shall not be limited to advising or calling upon

flag state and port authorities, national administrations, the IMO, the ILO, other international

agencies and intergovernmental bodies, releasing joint statements for the media etc.

Permanent IBF

Legislation Committee

The February 2014 IBF Forum agreed to establish a permanent, ad-hoc committee to react to

ILO MLC and STCW challenges, without the need for the calling of a formal IBF meeting.

Officers Wages

Adjustment / Ratings

Minimum Cash

In June 2014 the IBF agreed to establish a working group comprising of up to 4 members from

each side, in order to look into and identify applicable levels of wages payable to officers by

various companies; and to provide respective recommendations.

Additionally, the group was tasked with reviewing the methodology in respect to ensuring fair

distribution of centrally negotiated increases to all ranks, during local negotiations.

Post-Traumatic Stress In June 2014 the IBF agreed to establish a working group which will explore, together with

representatives of P&I Clubs, the possibility of coverage of post traumatic stress effects within

the applicable insurance policies.

Career and Skill

Development and

Opportunities for

Seafarers’

Employment

The IBF members acknowledge that specific agreements may be concluded between JNG and

ITF members at national level providing for maritime career development and skills training,

and notes, in particular, that such agreements could reflect on a number of provisions of

Regulation 2.8 of the ILO Maritime Labor Convention 2006.

In doing so, JNG member companies and ITF affiliates are encouraged to consider the following

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recommendations regarding the objectives and priorities:

Joint effort to ensure that the national shipping industry adopts a long-term strategic

approach to maritime skills, including commitments to train officers and ratings and, where

necessary, allocation of means and development of special funds for these needs.

Promoting the seagoing profession as a secure and long-term career opportunity and

supporting activities to counter fatigue, restriction of shore leave, criminalization and

piracy.

Working together to ensure that governments do not seek to resolve the world manpower

shortage in the shipping industry by undermining the maritime profession. Encouraging

ratings to train as officers is one positive measure that could be explored in this

connection.

Promoting equal opportunities and working towards measures to improve the

attractiveness of the maritime career to women

IBF Secretariat Co-

operation

The IBF agreed that the joint secretariats should work closely together once the negotiations

are concluded to ensure that the terms of the IBF agreements are properly incorporated in all

IBF TCC Agreements that are based on IBF principles. It was also agreed that the joint

secretariats should maintain copies of all IBF TCC Agreements and lists of ships covered by such

agreements to ensure that the application of the agreements are properly verified and

monitored. Such information may include the number and nationality of the seafarers

concerned.

Local Negotiations:

deductions from

wages

The IBF agreed that, should any additional employment benefits or variations to benefits or

working practices, including working hours, voyage periods or the establishment of any social

funding schemes be agreed as a result of negotiations at local level the following shall apply:

1. if they involve a deduction from a seafarers wages, they shall be indicated in the wage scales

attached to the local TCC Agreement based on the IBF Framework TCC Agreement; and

2. they shall be explained and covered by specific clauses within the local TCC Agreement.

ILO Maritime Labour

Convention (MLC,

2006)

The IBF has carefully reviewed the contractual clauses of the IBF Framework TCC Agreement

against the requirements of the ILO MLC and has made amendments to certain clauses. The

IBF considers that these amendments are a substantial step towards meeting the full

requirements of the Convention.

However, it is acknowledged that the MLC includes many provisions that are not specified in

the Framework TCC, including the minimum age for seafarers, the content of employment

agreements and the regulation of manning agents. The JNG agrees that Companies signing IBF

Agreements shall, as a minimum, ensure compliance with Part A of the MLC, and shall give due

consideration to implementing their responsibilities under Part A in the manner provided in

Part B of the MLC.

The IBF has agreed to establish a joint study group with the ILO to further review provisions of

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the IBF Framework TCC against the ILO MLC.

The JNG also agrees that companies signing IBF agreements shall in no case use the MLC to

reduce higher or more favourable conditions provided by law, awards, customs or

agreements.”

The IBF should continue its efforts to ensure compliance with the ILO Maritime Labour

Convention requirements.

IBF Warlike Operations

Areas and other risk

areas Committee

The IBF may from time to time identify areas of various risks to seafarers and agree respective

terms and conditions that should apply. The IBF may, likewise, cancel or amend any of its’

designated areas in order to reflect changes to earlier circumstances.

Such decisions should require a consensus of an IBF Forum, IBF Working Group or, in between

IBF meetings, of the IBF Officers, by correspondence, in which case the respective Secretariats

will convey the collective decision of the Officers of each IBF constituency.

The IBF List of warlike, high risk and other areas should be updated following each amendment.

It may include specific details of the terms and conditions, coordinates, applicable benefits and

other requirements, as may be agreed. The latest version of this List shall be annexed to, and

form an integral part of, this MOA (Addendum 2) and also shall be attached, for reference sake,

to each IBF CBA.

Onboard

Accommodation And

Welfare Facilities

It was also agreed that the Joint Secretariat should review Title 3 of the draft ILO Consolidated

Maritime Labour Convention and prepare a summary of the relevant items to be attached to

IBF TCC Agreements.

Continuing issues A sub-committee of the IBF will be established to consider any continuing issues.

Support to

Dockworkers

“The IBF acknowledges the right of dockworkers to participate in union activities and to be

protected against acts of anti-union discrimination, consistent with protections provided by ILO

Convention 87 (Freedom of Association and Protection of the Right to Organize Convention)

and ILO Convention 98 (Right to Organize and Collective Bargaining Convention).

Consistent with the understanding and intent agreed between the parties, JNG members will

recommend to their principals that they should not use stevedoring services which do not

comply with the terms of the aforementioned Conventions and of “ILO Safety of Health in

Ports” and “ILO Code of Practice” for their employees. They should also recommend that the

stevedoring services only use trained professional dockers who have the necessary

qualifications and experience to operate equipment and to handle cargo safely.

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The Company shall ensure that measures are in place in order to provide and maintain a safe

working environment and to minimize risks associated with cargo work carried out on board.

Any accidents occurring during such work, whether involving dockworkers or others, shall be

reported to the Safety Officer of the ship concerned. The Safety Officer shall ensure that such

accidents are investigated and that appropriate recommendations are made to the Company

so as to prevent the recurrence of such accidents. The Company undertakes to enter into

discussions with the ITF to ensure that measures are taken to prevent such accidents in the

future.”

In June 2014 the IBF agreed to support the implementation of this clause through the provision

of specific information.

IBF Welfare Seafarers

Support Fund

It was agreed that the Rules and Procedures of the IBF Welfare Fund Seafarers Support Fund

should be reviewed to provide that legitimate operational costs of the IBF could be supported

by the grant from the Fund. The parties will be required to agree a budget for such social costs.

DE ratings It has been agreed to establish DER funds.

IBF Seafarers

Employment

Promotion Funds

At the meeting of the IBF Forum held on 1st October 2009 in Manila, separate MOAs were

signed between the ITF and each JNG constituent, providing for the establishment of,

respectively, the ITF-IMEC Seafarers Employment Promotion Fund (SEPF), ITF-IMMAJ Seafarers

Promotion Fund (SPF), ITF- KSA Seafarers Promotion Fund (SPF), and Evergreen Seafarers

Promotion Fund (SPF). This was in replacement of the previous IBF decision of 2007 to establish

DER funds.

Each one of these MOAs should be annexed with this IBF Memorandum of Agreement (in

Addendum 5).

Regular employment The IBF agreed that regular employment on ships that seafarers were familiar with was highly

desirable to promote harmony on board as well as safe ship operations. It was also recognised

that this was a responsibility for both employers and workers organisations.

To this end it was agreed that employers should be urged to adopt practices that would

encourage stability in the workforce, the promotion of training and regularity of engagement

within a retained pool of seafarers. Wage structures that would promote such policies should

be encouraged.

Companies are encouraged to maintain an employer-employee relationship for the period

between voyages, including the possibility of social and welfare benefits.

Transparency and

Funding

The parties to the IBF adopted the following text:

“The parties to the IBF wish to ensure that all wage payments and funding elements detailed in

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the wage scales of IBF TCC Agreements will be subject to proper scrutiny as agreed.

They note that the Disputes Procedures adopted during the first round of IBF negotiations in

San Francisco in 2003 have been utilised to investigate both wage and funding issues and have

produced outcomes acceptable to both sides.

They therefore urge their respective members and affiliates to pursue all further disputes,

complaints or disagreements that may arise to be resolved through these existing procedures.”

Support for the IBF

system

IBF members re-affirmed on behalf of their affiliates and member companies their full and

unequivocal support for the IBF system and agreed to actively promote the adoption of IBF

agreements by the maritime community.

Both the ITF and the JNG shall take every effort to encourage their respective members to

pursue the IBF principles and negotiate in good faith with the view to reaching acceptable

agreements.

In the event of failure to reach an agreement, the Joint Secretariat will be called upon to

provide guidance and advice.

In order to promote and expand membership of the negotiating structure that has been

established, a Memorandum of Agreement on IBF Exclusivity has been concluded (attached as

Addendum 3).

Quality labour The promotion of harmonious relations between ITF affiliates and JNG member companies and

their agents, based on mutual respect of the rights of both parties, is a prime objective of the

IBF. In compliance with this objective, JNG member companies and their agents shall, when

requested by the ITF affiliate signatory to the IBF TCC or Special Agreement, promptly provide

statistical information on the composition and number of crew, the repatriation of seafarers

resulting from illness or injuries, or cases of death on board, or the termination of employment

for any other reason.

Support for training The parties to the IBF agreed that the promotion of an increase in the numbers of trainees,

additional to the agreed manning scale, that are recruited for sea service was a priority.

Therefore JNG members companies and ITF affiliates were urged to enter into a meaningful

dialogue at local level to support the training effort. Any amount allocated to support training

at local level shall be exclusively used for training.

In particular, the IBF agreed that discussions should be held at local level to determine how best

to utilise the expertise of the social partners in developing support for training and to utilise

any available funds to promote an increase in the number of trainees, taking into account local

aspirations and priorities.

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For the purpose of this provision, a trainee is any person undergoing ship-board work

experience as part of a structured training program.

Discussion should be encouraged during local negotiations clarifying any benefits available

locally to seafarers in respect of training.

Upgrade Study leave

Whilst in employment by the Company, seafarers should have the possibility to develop their

careers by means of undergoing upgrade training / education. In particular, Ratings should be

able to upgrade towards license and Officers to study for higher certificates of competency.

Where the Seafarer, the Union and the Company mutually agree that a specific upgrade course

may benefit both the Company and the seafarer in question, the Company may pay basic wage,

repatriation, tuition and agreed board and lodging costs, for the entire duration of the course.

IBF Companies are encouraged to support financing of STCW courses.

Cadets /Trainees

Terms and Conditions

of Employment

The IBF agreed that cadets/trainees should be subject to adequate levels of social protection

whilst undergoing training at sea particularly with regard to protection of their health and

safety.

The IBF nevertheless considered that, subject to such local legislation and custom and practice,

the IBF Framework TCC contained many provisions that could offer proper levels of social

protection to cadets/trainees. JNG members should take full consideration in developing their

training agreements the following provisions of the IBF Framework TCC:

i) Article 4: Non seafarers work

ii) Article 6: Hours of Duty

iii) Article 8: Holidays

iv) Article 9: Rest Periods

v) Article 17: Service in Warlike Operations Areas

vi) Article 18: Crew’s Effects

vii) Article 20: Repatriation

viii) Article 22: Medical Attention

ix) Article 23: Sick Pay

x) Article 24: Maternity

xi) Article 25: Disability

xii) Article 26: Loss of Life – Death in Service

xiii) Article 27: Insurance Cover

xiv) Article 28: Food, Accommodation, Bedding, Amenities etc.

xv) Article 29: Personal Protective Equipment

xvi) Article 32: Equality

The 2011 IBF Forum in Miami, US, agreed the following:

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Both parties reaffirm their commitment to cadet training in order to maintain future Officer

supply and will continue to support maritime training.

JNG members should continue to maximise cadet training opportunities on vessels covered by

IBF agreements.

Shore-Leave

Transportation

“The IBF are determined to work jointly in order to ensure that the seafarer’s basic right to

shore leave is not unjustifiably denied due to whatever reasons.

JNG members therefore agree to take every effort and, whenever required, use best

endeavours to facilitate shore leave for the crews in order to benefit their health and well-

being. In particular, the Company concerned will assist in meeting the relevant ISPS Code

and/or other national requirements by means of allocating, if necessary, resources and

expertise, securing adequate representation of seafarers through respective agents, completing

the formalities, arranging the necessary paperwork and permissions, communicating with the

respective authorities, providing transportation to and from the vessel for the crew and etc.”

IBF Administration 1. IBF Special Agreements and IBF Green Cards will, with effect from 1 January 2012, be

issued with a validity of three years.

2. The first year of the ITF welfare fund payment will normally be made, as at present, at

the time of the submission of the 16 point questionnaire, the second year of the

welfare fund payment will be made 12 months after that date.

3. The ITF will issue a 60-days notice before the one year anniversary date advising the

company that payment is required within 30 days after the end of the notice period.

4. In the event that membership fees are also paid by the employer annually, the same

system applies whereby the ITF notice to the company will be copied to the Union who

will in turn issue their own payment notice for membership fees.

5. The companies are required to ensure that Welfare Fund payments and membership

payments are made specifying the ships names and IMO numbers and the period

covered by the payments.

6. The working group agreed that a disclaimer is not required. It is proposed to apply the

existing Special Agreement article 4a in the event of default which provides for

termination and withdrawal of the Green Certificate.

7. Before invoking article 4a, the ITF will notify the company giving 14-days notice which

shall allow both parties time to resolve any problems with outstanding payment.

8. Once the ITF has received a completed 16 point questionnaire for a new vessel and the

payment of the first year to the ITF welfare fund, ITF will issue an acknowledgement by

email to the operating company concerned to confirm that the necessary

documentation has been received and is being processed.

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IBF Implementation Steps agreed between ITF and JNG to reconcile differing IBF CBA’s covering the same nationality

of seafarers are attached at Addendum 4.

ITF Athens Policy The following approach will be taken with regard to ships that might be regarded by ITF as

falling within its Athens Policy:

A. If ITF, any affiliate of ITF or the JNG considers that any ship operated by an IBF company in

membership of an organisation within the JNG is trading in an area they regard as covered

by the ITF Athens Policy, they shall notify the JNG Secretariat accordingly;

B. Notwithstanding paragraph A above, if ITF or a JNG member becomes aware of a potential

dispute concerning a particular ship i.e. before such a dispute has arisen, they should seek

means to resolve the issue in order to avoid the dispute or disagreement escalating;

C. To resolve any possible conflict outlined at B, The joint JNG/ITF Secretariats shall, together

with the affiliates concerned, and within a period of five (5) weeks, arrange a meeting or a

series of meetings between the parties concerned with the operation of such a ship, in

order to try to resolve any problems;

D. For the purpose of the ITF definition of "Cargo Ferry", it is agreed that ships in "Liner"

trades are excluded. For the purpose of this clause a "Liner" trade is one where a round

voyage is more than four (4) days;

E. The above only covers such JNG vessels that are covered under an IBF agreement.

IBF Methodology Starting from the 2011 central negotiations, pay negotiations over wage rates shall be based

on a revised methodology (outlined below). The result of these negotiations shall then be

applied through local/national negotiations between JNG member companies and ITF affiliates.

INTERNATIONAL BARGAINING FORUM

Methodology Agreement

1. Leaving the total crew concept in place as a base, the role of the IBF central negotiations

should be to agree a percentage- increase (bag of money) which should equally apply to

the “A” area of each local model ship. The IBF will also agree minimum cash figures for

every position of the Model ship for any new agreement*. In existing agreements the rates

may not be reduced.

2. The definitions / criteria of which elements may relate to “A” or “B” will be agreed

centrally**. In line with these criteria, the allocation of money to specific elements in local

agreements will be decided on between the counterparts at local level.

3. The following two items (currently determined at the central negotiations) will be

negotiated at local level:

The allocation ratio between officers and ratings

The allocation ratio between wage element and fund element

15

Issue Agreement

These will concern “A” areas only.

* “New IBF agreement” means a CBA which has not existed, or has not been IBF- approved

prior to 28th July 2011.

The agreed minimum cash requirement for any new IBF agreement:

“Neither the total cost of all “A” elements in the wage-scale, nor the “A” cost of each one

individual position may be lower than the respective cost in the lowest existing and approved

IBF agreement (in comparable manning model ships).”

** The agreed definition / criteria of “A” elements in the wage scale:

“The money payable by the Company to crews, union(s), union-requested benefits, union funds

and projects”.

This Agreement enters into force with effect from 7th October 2010.

IBF Disputes

Procedure

While both parties expect that discussions within the IBF and at local/national level will

proceed smoothly and that agreements reached will be implemented effectively, there may be

occasions when difficulties will arise.

In order to minimise any such difficulties and to provide the means to resolve such issues, the

following disputes procedures have been agreed.

a) Shipboard Disputes Procedure

With regard to disagreements or disputes that may arise onboard in connection with the TCC

Agreement a Shipboard Disputes procedures has been adopted. The text of this Procedure is

below.

b) Disputes Concerning Local/National Negotiations

To assist in resolving any disputes that might arise in connection with local or national

negotiations regarding an IBF agreement, it is agreed that such disputes may be referred to the

International Bargaining Forum for consideration.

c) Organisational Disputes Procedure

Organisational disputes may arise concerning the IBF Constitution or the activities of the

constituents of either party including membership entitlements relevant to the IBF agreement.

Should any dispute arise under a), b) or c) above, which cannot be resolved by the parties, the

following procedure will apply:

The IBF will convene a special working party of the Forum in order to help to resolve

the issue.

Each party will nominate an arbitrator and a third such arbitrator will be jointly

nominated. The panel of arbitrators so appointed shall meet within a period of

16

Issue Agreement

three months at a venue and time convenient to all parties and seek a resolution to

the dispute. The decision of the arbitrators shall be final and binding on both

parties.

As long as the disputes procedure is in process any existing IBF agreement shall remain valid.

Shipboard Disputes Procedure - IBF Members

The International Bargaining Forum wishes to ensure that disagreements or disputes that

might arise between seafarers, their representatives and their seafarers’ employers are dealt

with promptly and fairly and do not interfere with the development of good industrial relations

practices and safe and reliable ship operations.

This disputes procedure, agreed at the International Bargaining Forum, shall apply to those JNG

members’ vessels that are covered by IBF Special Agreements.

For the purpose of this Procedure reference to:

“ITF inspector or national affiliates” means an ITF official or an official of an affiliate of

ITF who receives a report, during a routine ship visit in accordance with Article 1g of

the IBF Special Agreement, or otherwise, that a disagreement or dispute exists on a

particular ship or ships;

“Disagreement” means disagreement concerning the interpretation of clauses

contained in the IBF Framework TCC Agreement or any TCC Agreement based on the

framework TCC which has been adopted following local negotiations;

“Dispute” means non-observance of clauses contained in the IBF Framework TCC

Agreement, including the wage scales.

The procedures will apply as follows:

1. Both disagreements and disputes, as defined above, arising on board which are

reported to an ITF Inspector should be resolved at the local level whenever possible.

Unless all other avenues have been exhausted, disagreements will not result in delay

to a ship except in exceptional circumstances.

2. If its proves impossible to resolve such issues at local level within 2 days, they shall be

referred by the ITF inspector or national affiliate to the ITF Special Seafarers

Department (SSD) and the Union signing the agreement, for further appropriate action

and the master should similarly notify the relevant JNG member.

3. The SSD shall contact the appropriate JNG member together with the Union signing the

agreement, in order to resolve issues raised in accordance with 2 above and/or the

JNG member should contact the SSD. The SSD or JNG member as appropriate shall also

notify the JNG Secretariat.

17

Issue Agreement

4. In the event that it proves impossible to resolve the matter within a further two (2)

days between the SSD, the Union signing the agreement and the JNG member, or if

either party is aggrieved about the nature of the dispute or disagreement or the

manner in which it is resolved, either party may refer the issue to be considered by the

IBF. Should this be the case the IBF must consider the issue at its next meeting which

must not be later than three (3) months after notification of the matter with a view to

resolve it. In the case where no resolution can be found, the procedure as in the IBF

Operational Agreement (Section 1) should further apply.

5. Notwithstanding paragraphs 1-4 above, when JNG members or the SSD becomes

aware of a potential dispute or disagreement on board a relevant ship, they should

together with the union signing the agreements, seek means to resolve the issue in

order to avoid the dispute or disagreement escalating.

6. This disputes procedures shall operate taking full account of any disputes procedures

or arbitration clause provided in the appropriate TCC or any other relevant agreement

between the parties to this agreement.

On 28 July 2011 the IBF Forum agreed the following statement:

The IBF counterparts have reviewed the existing IBF procedures to resolve disputes and

disagreements which may arise on the following levels:

between crew members and employer representatives on board an IBF-covered vessel;

between an ITF affiliate and a JNG member company during IBF local negotiations; and

amongst IBF constituents.

Having done so, the IBF parties confirm that the general intent of the IBF Disputes Procedure

remains the provision of mechanisms and possibilities for just, efficient and, preferably,

amicable resolution of any dispute or disagreement which may emanate from IBF processes or

IBF Agreement.

The IBF parties further confirm their mutual conclusion that the IBF Disputes Procedure does

not mean to deprive any seafarer, union, employer or their representatives of any legal rights

provided by superseding international or national instruments, which may include the right to

take industrial action to protect their legitimate interests, or to diminish / undermine these

rights.

18

Signed by: Signed by:

For ITF

…………………………… D. Heindel

……………………………. P. Crumlin

…………………………….

T. Abrahamsson

For JNG

…………………………. T. Iizuka

…………………………..

G. Triantafillou

………………………….

G. Heimann

………………………… T. Inoue

5 June 2014

19

Addendum 1 MODEL RECEIPT AND RELEASE FORM FOR CONTRACTUAL CLAIMS Ship: ...........…..................................................... Incident: .....……..................................................…. Seafarer/Legal heir and/or Dependant: …........................................….................... Shipowner ……………………………….................... I, [Seafarer] [Seafarer's legal heir and/or dependant]* hereby acknowledge receipt of the sum of [currency and amount] in satisfaction of the Shipowner’s obligation to pay contractual compensation for personal injury and/or death under the terms and conditions of my/the Seafarer's employment and I hereby release the Shipowner from its obligations under the said terms and conditions. The payment is made without admission of liability of any claims and is accepted without prejudice to my/the Seafarer's legal heir and/or dependant's right to pursue any claim at law in respect of negligence, tort or any other legal redress available and arising out of the above incident. Dated:...................................................... …............................................................... Seafarer/Legal heir and/or Dependant: …............................................................... Signed: ..................................................... …............................................................... For acknowledgement: Shipowner/Shipowner representative: Signed ...................................................... Insurer/Insurer representative: Signed ...................................................... __________ _____ _____ * delete as appropriate

20

Addendum 2

IBF LIST of warlike and high risk designations, with main applicable benefits

(as of 1st July 2014):

1) IBF Warlike Operations Area – 12 n.m. off Somali North Coast*

bonus equal to basic wage, payable for 5 days minimum + per day if longer;

doubled compensations for death and disability;

right to refuse sailing, with repatriation at company’s cost and compensation

equal to 2 month’s basic wage

2) “IBF High Risk Area” – Gulf of Aden + 400 n.m. off Somali East Coast*

(shown in red shade on the map below, excluding the IRTC)

bonus equal to basic wage, payable for the actual duration of stay / transit;


right to refuse sailing, with repatriation at company’s cost

increased BMP level

3) “IBF Extended Risk Zone” – West Indian Ocean*

(shown in green shade on the map below, including the IRTC)

bonus equal to basic wage, payable only on the day the vessel is attacked;

doubled compensations for death and disability if occur on the day the vessel

is attacked

increased BMP level

4) “IBF High Risk Area” – Gulf of Guinea: territorial waters (12 n. m.), ports and

inland waterways of Nigeria and Benin*

bonus equal to basic wage, payable for the actual duration of stay / transit;


right to refuse sailing, with repatriation at company’s cost

(by submitting respective notice)

increased security requirements

_____________________________________________________

* Please see the Attachment for exact coordinates and details.

Notes:

In Areas 2 and 3 above, bonuses and compensations are not payable when the

vessel is anchored or berthed in secure ports, except in Somalia.

In Area 4 above, secure berthing in guarded port areas is excluded.

22

Attachment to the IBF List

of warlike and high risk designations

The details of the areas included in the List are as follows:

DESIGNATION 1.

IBF Warlike Operations Area: 12 n.m. off Somali North Coast

This Warlike Operations Area includes the territorial waters extending up to the 12 nautical miles limit from due north of the north-western border of Somalia with Ethiopia to due north of Cape Gardafui.

This designation has been in effect from 6th October 2005.

23

DESIGNATION 2.

“IBF High Risk Area”: Gulf of Aden + 400 n.m. off Somali East Coast, excluding the IRTC.

The Western Border of this High Risk Area runs from the coastline at the border

of Djibouti and Somalia to position 11 48 N, 45 E; from 12 00 N, 45 E to

Mayyun Island in the Bab El Mandeb Straits. The Eastern Border runs from Rhiy

di-Irisal on Suqutra Island to position 14 18 N, 53 E; from 14 30 N, 53 E to the

coastline at the border between Yemen and Oman, together with a 400 mile

zone off the eastern coast of Somalia, i.e. from Suqutra Island down to the

Kenian border in the South.

During a vessel’s transit of this Area protection of seafarers through the provision of increased

security measures should be adopted. Such measures must be above the latest Best

Management Practice (BMP) level and may include the provision of personnel or systems

which appropriately reduce the vulnerability of a vessel. The sufficiency of such extra security

measures should be determined depending on vessel type, size, freeboard during transit and

speed, with consulting and seeking advice of respective ITF union(s) where necessary.

The adoption of Best Management Practice is required as a minimum standard of protection.

During the period of transit of this High Risk Area seafarers shall be entitled to compensation

amounting to 100% of the basic wage and a doubled compensation payable in case of death

and disability. This entitlement should apply on each day of the vessel’s stay in the High Risk

Area.

The above identified entitlements to extra basic pay and extra compensation for injury or death

will not apply while vessels are alongside a berth, at anchor in secure anchorages off ports or

attached to SBM facilities - with exception of Somali waters and ports. It is understood that

vessels will have to transit the high risk area in order to proceed to certain ports and as such

the bonuses mentioned in above should cease when a vessel is either all secure alongside,

brought up to her anchor or fully coupled to a SBM in any port of the area, excluding Somalia.

Likewise when sailing, the applicability of bonuses etc. should commence when the vessel is

“all gone”, i.e. the last line is let go from a berth, when the anchor is aweigh or a vessel has de-

coupled from a SBM.

In the case of vessels that will transit the IBF High Risk Area outside of the east bound and west

bound lanes created under the International Recommended Transit Corridor (IRTC), seafarers

have the right not to proceed with the passage. In such an event, the seafarer concerned shall

be repatriated at the company’s cost with benefits accrued until date of return to the port of

engagement.

24

Vessels may deviate from the International Recommended Transit Corridor (IRTC) lanes without

affecting the terms and conditions for the seafarers onboard for collision avoidance purposes

only, as long as they are returned to the original lanes as soon as it is safe and practicable to do

so.

In order to assist the military efforts to counter piracy in this region, all vessels that are subject

to a confirmed attack should report to international navies present in the area or other

relevant authority, to assist in the deployment of naval resources to appropriate areas, where

piracy attacks are occurring.

This designation is in force from 0001Z on 1st July 2014.

25

DESIGNATION 3.

“IBF Extended Risk Zone” – West Indian Ocean, with the addition of the

Internationally Recognised Transit Corridor (IRTC).

The coordinates of this area comprise of and stretch further than the IBF High Risk Area as

outlined above.

“The western border of the Extended Risk Zone runs from the coastline at

the border of Djibouti and Somalia to position 11 48 N, 45 E; from 12 00 N,

45 E to Mayyun Island in the Bab El Mandeb Straits.

The eastern border is set at 78 E, the southern border is set at 10 S and the

Northern Border set at 26 N.” Additionally, the IRTC in the Gulf of Aden.

During a vessel’s transit of this area protection of seafarers through the provision of increased

security measures should be adopted. Such measures must be above the latest Best

Management Practice (BMP) level and may include the provision of personnel or systems

which appropriately reduce the vulnerability of a vessel. The sufficiency of such extra security

measures should be determined depending on vessel type, size, freeboard during transit and

speed, with consulting and seeking advice of respective ITF union(s) where necessary.

The adoption of Best Management Practice is required as a minimum standard of protection.

During the period of transit of the Extended Risk Zone, outside the area which is designated as

High Risk Area, each seafarer shall be entitled to a bonus equal to 100% of the basic wage and

a doubled compensation in case of injury or death - on any day during which the vessel he

serving on is attacked. The proof of these entitlements shall be subject to a confirmed entry

into the ship’s log book and a report of attack being lodged with recognised international

reporting authorities, such as UK MTO. The maximum period when these entitlements may

apply shall not exceed the number of days of the vessel’s transit of the IBF Extended Risk Zone

outside the area designated as High Risk Area. For the purpose of this article an attack means

any unauthorised and obvious action taken by a third party in a wilful attempt to board or

damage the vessel or to harm the crew which leads to the activation of the relevant vessel

contingency plans including the alerting of the whole crew.

Within all of the IBF Extended Risk Zone, including the High Risk Area, the above identified

entitlements to extra basic pay and extra compensation for injury or death will not apply while

vessels are alongside a berth, at anchor in secure anchorages off ports or attached to SBM

facilities - with exception of Somali waters and ports. It is understood that vessels will have to

transit the high risk area in order to proceed to certain ports and as such the bonuses

26

mentioned in above should cease when a vessel is either all secure alongside, brought up to

her anchor or fully coupled to a SBM in any port of the Extended Risk Zone, excluding Somalia.

Likewise when sailing, the applicability of bonuses etc. should commence when the vessel is

“all gone”, i.e. the last line is let go from a berth, when the anchor is aweigh or a vessel has de-

coupled from a SBM.

Vessels may deviate from the IRTC lanes without affecting the terms and conditions for the

seafarers onboard for collision avoidance purposes only, as long as they are returned to the

original lanes, as soon as it is safe and practicable to do so.

In order to assist the military efforts to counter piracy in this region, all vessels that are subject

to a confirmed attack should report to international navies present in the area or other

relevant authority, to assist in the deployment of naval resources to appropriate areas, where

piracy attacks are occurring.

This designation is in force from 0001Z on 1st July 2014.

27

DESIGNATION 4.

“IBF High Risk Area” – Gulf of Guinea

This IBF High Risk Area includes:

the territorial waters of Benin and Nigeria, including ports, terminals and roads

anchorages, the delta of the Niger river, other inland waterways and port

facilities, except only when the vessel is attached securely to a berth or SBM

facility in a guarded port area.

Within this Area the following provisions should apply:

All companies operating vessels or installations in the above Area should have sufficient

security arrangements to safeguard their personnel, given the nature of the risk, and should

provide adequate protection, advice and compensations to the crews. Specifically, the

following requirements should be complied with:

i) Upon the vessel’s entry into and, further, throughout the entire stay in the Area as

specified above, seafarers must be protected by increased security measures that will

provide adequate levels of safety and security on board, such as the Best Management

Practice.

ii) In the ports of the above listed countries and inland waterways and approaches to

these ports, including offshore installations, extra security measures for reducing the

vessel’s vulnerability to an unsanctioned approach and boarding should be adopted.

Such measures should, inter alia, provide for an enhanced look-out and an emergency

alert/action plan securing sufficient safety for the crew and reliable contact with the

authorities. The sufficiency of such extra security measures should be determined

depending on the vessel’s type, size and freeboard.

iii) Prior to approaching a port, detailed local advice about the security situation should be

obtained and arrivals and departures timed to coincide with security patrols operated

by respective government forces, if available.

iv) Shore leave should be prohibited unless exceptional circumstances or emergencies

may demand otherwise.

v) Normal crew changes should not be effected in any above listed country unless

absolutely essential.

vi) Under normal circumstances the company shall notify the seafarer if the vessel on

which he/she is due to serve/is serving is planned to call into the Area at least 30 days

prior to the entry. On receipt of this notification, the seafarer may request to exercise

his/her right of repatriation at Company expense, with benefits accrued until date of

28

return to final destination. If it proves impossible for a Company to notify a seafarer

more than 30 days prior to the entry (for example due to schedule changes), the

Company shall make all reasonable endeavors to repatriate the seafarer at the earliest

opportunity, at Company expense, with benefits accrued until date of return to final

destination.

vii) The company should pay each seafarer agreeing to proceed into the Area a

compensation amounting to 100% of the basic wage for each day of the seafarer’s stay

in the Area and a doubled compensation in case of death and/or disability.

viii) In the event of an attack regular liaison should be maintained with seafarers' families

to advise them of the status of respective crewmembers working in the Area and the

security measures being adopted to safeguard and assist them.

ix) Compared to the terms and conditions of the respective IBF Collective Bargaining

Agreement, this agreement may lead to more favourable treatment for seafarers

serving in the Area, but in no case will it undermine any existing contractual

entitlements.

This designation is in force from 1st April 2012.

29

Addendum 3

Memorandum Of Agreement

On the IBF Exclusivity

1. The IBF fully endorses and reaffirms the Objectives and Rules of Procedure as agreed and signed on 9 May 2003. In particular, these provide that:

“3. Any agreement reached by the Forum shall be applicable only to members of the Forum. In addition, any other agreement which may be reached outside the Forum regulating the terms and conditions of employment of seafarers serving on ships to which ITF Special Agreements apply shall not disadvantage either party of the Forum.”

2. The IBF also acknowledges the need to promote and expand membership of the negotiating structure that has been established. This includes the encouragement of more companies and unions to join the process, subject only to the rules of the JNG and the ITF. 3. Where appropriate, the IBF will promote joint seminars, conferences or targeted promotional activities to promote these objectives. 4. To ensure that the promotional objectives of this Memorandum are achieved, it is agreed that:

a) a copy of all the IBF Green Certificates and the ITF letter attached to them will be forwarded to the JNG Secretariat; b) an IBF working group shall be established to: discuss the implementation and promotion of IBF agreements; to monitor developments to ensure that the exclusivity of IBF agreements is

enhanced; to review progress made at national level on partnership issues; review the outcome of the central and local negotiations in the light of enhanced

flexibility agreed within the IBF system. c) where, as a result of these procedures, it is agreed that specific promotional efforts need to be undertaken, the matter will be referred to the IBF to ensure that the necessary resources are provided within an agreed timescale.

30

Addendum 4

IBF Implementation: Principles

1. The following principles that have been identified have been developed in discussion and consultation with Ver.di. However, the IBF agrees that these principles will be the basis of implementing IBF agreements in all other countries that may now or in the future have similar issues.

2. The first stage of the process shall commence during the local negotiations in respect

of IBF Agreements scheduled for implementation on 1 January 2008. Subsequent stages shall be subject to an interim review, involving all parties, to be arranged by the end of January 2009 at the latest.

3. The first three labour supply countries to be included in the process together with

Ver.di shall be India, Philippines and Russia.

4. Representatives of the ITF affiliated labour supply unions referred to in 3 above shall be invited to participate in the IBF local negotiations concerning Ver.di and other relevant IBF Agreements to provide input and expertise concerning the social, training and welfare provisions that are included in the IBF Agreements covering their members.

5. “Deferred pay” elements identified and approved by the ITF contained within the

existing labour supply IBF Agreements, such as Provident or Gratuity Funds, should be included within the overall wage package provided under Ver. di IBF Agreements.

6. Seafarers social or other statutory benefits within the labour supply IBF Agreements,

which involve additional employment costs should, subject to verification where necessary by Ver.di, be included within the Ver.di Agreements as funding elements. The additional employment costs should be absorbed by any increase that might be agreed as part of the overall IBF settlement.

7. The Ver.di and other similar IBF Agreements should identify and harmonise the laws,

regulations and trade union practices of the various parties that have an interest in the employment conditions of different nationalities of seafarers and make sure that they are incorporated within the overall wage package that applies to the seafarers.

31

Addendum 5

The ITF/IMEC Memorandum Of Agreement:

Future Of The IBF Seafarers Employment Promotion Fund (SEP Fund)

Following discussions between IMEC and ITF the following was agreed:

1. It was acknowledged that the IMEC SEP Fund had been established to hold and make grants to compensate IMEC member companies for any additional financial expenses they incurred by employing DERs in comparison with the employment costs of employing ratings from non-DER countries.

2. It was agreed that, despite numerous meetings over the past two years, an impasse had been reached with regard to the management and control rules that should regulate payment out of the SEP Fund in respect of the employment costs of DE ratings. It was therefore agreed that an alternative solution must be found to resolve the issue.

3. In order to make progress, it was agreed that the existing SEP Funds would be terminated and superseded by a new concept, which would provide for a more flexible approach to disposal of the available funds while still recognising the importance attached by ITF affiliates to the need to assist with job promotion for ratings from developed economy countries.

4. The Management and Control rules for the IMEC SEP Fund will be developed jointly by ITF and IMEC and will provide that the Fund may be utilised for:

a) compensation for any additional financial expenses incurred by employers in employing DERs in comparison with the costs of employing ratings from non-DER countries;

b) recruitment, training, skills enhancement, employment promotion and career development of seafarers, and c) the administrative costs associated with promoting and pursuing IBF objectives.

5. IMEC will make every effort to collect the full amount of the funds due from its members in respect of the DER levy due from 1 January 2008 that is provided in IBF Agreements applied to ships operated by IMEC members. ITF will provide every assistance to IMEC in complying with this undertaking.

6. The Management and Control Rules governing the SEP Fund shall be agreed between ITF and IMEC by 31 December 2009 and shall provide for a management committee with membership restricted to IMEC and ITF officers.

7. With effect from 1 January 2010 the current SEP Fund levy payments shall continue and made payable to the SEP Fund account, subject to discussion and agreement on the possible transfer of the funds to a new account.

32

ITF-IMMAJ Memorandum of Agreement Future of the IBF Seafarers Promotion Fund

30th September 2009

1. It was agreed by JNG and ITF to agree a set of control and management rules governing

the operation of the DER Funds. However, such agreement has not yet been reached between the two parties and the rules are still pending. At the moment, it is unlikely that the DER Fund will become operative any time soon after two years of official existence, while contributions thereto have been levied and collected by JNG members.

In view of this, the DER Fund should be “terminated” retroactively as of 1st January 2008. 2. Payments made to the DER Fund during 2008 and 2009 will be returned to employers.

At the same time, a new “Seafarers Promotion Fund” will be set up retroactively as of 1st January 2008, to which these payments will then be redirected. Conditions to be attached to the establishment of this new fund are as follows:

A. The fund may be utilised for recruitment, training, skills enhancement,

promotion and career development of seafarers. B. The administrative costs associated with promoting and pursuing IBF objectives.

C. Further discussion is required to identify a set of principles to be reflected in

the control and management rules of this new fund.

D. Contributions to the new fund will be at US$ 10.00 / seafarer / month.

E. It is further understood that funds collected in 2008 and 2009 shall be disbursed expeditiously given the long delay in implementing this fund and reflect the spirit of compromise between the parties to a number of outstanding projects already identified and consistent with the objectives of the new fund.

F. The management, operation and rules of the new fund including financial

allocation of the Fund shall be agreed and governed by a management board consisting of the following parties: IMMAJ, JSU, AMOSUP and MUA.

33

ITF-KSA Memorandum of Agreement Future of the IBF Seafarers Promotion Fund

30th September 2009

1. It was agreed by JNG and ITF to agree a set of control and management rules

governing the operation of the DER Funds. However, such agreement has not yet been reached between the two parties and the rules are still pending. At the moment, it is unlikely that the DER Fund will become operative any time soon after two years of official existence, while contributions thereto have been levied and collected by JNG members.









The management, operation and rules of the new fund including financial allocation of the Fund shall be agreed and governed by a management board consisting of the following parties: KSA, FKSU and one representative nominated by the ITF.

34

ITF-Evergreen Memorandum of Agreement Future of the IBF Seafarers Promotion Fund

30th September 2009

2. It was agreed by JNG and ITF to agree a set of control and management rules

governing the operation of the DER Funds. However, such agreement has not yet been reached between the two parties and the rules are still pending. At the moment, it is unlikely that the DER Fund will become operative any time soon after two years of official existence, while contributions thereto have been levied and collected by JNG members.









The management, operation and rules of the new fund including financial allocation of the Fund shall be agreed and governed by a management board consisting of the following parties: Evergreen, NCSU and one representative nominated by the ITF.

35

Addendum 6

IBF Seafarers’ Support Fund Control and Management Rules

Article 1: Purpose The International Bargaining Forum Seafarers’ Support Fund (“Fund” hereinafter) is exclusively for the benefit of seafarers (“seafarers” hereinafter) serving on the ships of JNG members that are covered by an IBF Special Agreement (“Agreement” hereinafter).

Article 2: Joint Panel

A. In order to control and manage the Fund, Joint Panels (“Panels” hereinafter) shall be established between the International Transport Workers’ Federation (“ITF” hereinafter) and the individual members of the Joint Negotiating Group (“JNG” hereinafter). Three separate panels will therefore be formed as follows: IMEC/ITF, ISEG/ITF and KSA/ITF.

B. Each Panel shall comprise of four (4) members - two (2) members nominated by the ITF and two (2) by each member of the JNG sitting on the specific panel. One (1) member of the Secretariat shall join the panel from each side.

C. The Chairperson shall be elected from among the panel members for a period of one (1) year. The Chairperson shall alternate each year between the ITF and JNG representatives.

D. The Panels shall meet at least once a year and have the authority to make decisions and give overall directions on any matters concerning the Fund, including, if appropriate, investment provisions and the reimbursement of any necessary operational costs that might be incurred.

E. Decisions of the Panels shall, in principle, be made by consensus. However, if the members fail to reach an agreement, a decision will be made by majority vote.

F. Meetings of the each Panel require attendance of all the members of that Panel. However, in case they are unable to attend, the ITF or individual JNG member are entitled to send delegates or appoint other members to act on their behalf. In this case, the delegates shall be conferred on the same assignment and authority with the other proper members.

G. The Panels will be convened by the Chairperson who will chair the meeting. H. Minutes of the Panel meeting will be prepared and circulated among all the members

for their endorsement. I. The Panel should try to ensure that companies or other parties applying for grants

should not receive more than would be appropriate given the number of ships they operate covered by IBF Special Agreements.

36

Article 3: Administration

A. In order to administer the day-to-day operations of the Fund, each Panel will delegate authority for administrative issues to the Secretariat Members of the Panel.

B. The Secretariat Members will be responsible for preparation of the administrative procedures relating to grant applications, any necessary documentation involved and for audit and verification of grants that are made. The Secretariat Members will also process all grant applications and be responsible for approving grants up to the amount specified in Annex 3.

C. A regular report on all grants will be circulated to all Panel members. Article 4: Use of the Fund For the purpose of these Rules, the Panels may make grants from the Fund in response to requests from JNG members or from joint local/national negotiating bodies covering the following:

1. The provision of on-board entertainment, sports or welfare facilities; 2. The provision and maintenance of dedicated crew communication systems; 3. The provision of on-board educational or training material; 4. The provision of social, welfare or educational material or events for seafarers’ families; 5. Grants to enable seafarers’ children to train to become seafarers; 6. Such other grants that will benefit seafarers as the Panel may decide.

Article 5: Process of application for the Fund Application for grants will be processed by the Secretariat Members of each panel. Article 6: Contribution of the Fund

The ITF shall remit the amount agreed within the IBF Forum to the designated account held in London.

Article 7: amendment/abolition of these Rules These Rules can be amended and/or abolished based on the decision of the IBF Forum following recommendations of the Panel. Article 8: Disputes Procedure Should any dispute arise which cannot be resolved by the parties, the IBF Disputes Procedure shall apply i.e. each party will nominate an arbitrator and a third such arbitrator will be jointly nominated. The panel of arbitrators so appointed shall seek a resolution to the dispute. The decision of the arbitrators shall be final and binding on both parties.

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Article 9: Dissolution of the Fund The dissolution of the Fund shall be by way of a decision of the IBF Forum following recommendations of the Panel. In such a case, the net assets of the Fund shall be passed to the ITF Seafarers Trust for use in compliance with Article 4 of the IBF Welfare Fund Rules. Article 10: Execution of the Rule These Rules shall take effect as of 17 October 2013.

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Annex 1 to SSF Rules

Memorandum of Understanding on Article 3: Administration

1. The Secretariat Members of each Panel shall prepare all necessary documentation that will be required to support grant applications.

2. The Secretariat Members shall initiate appropriate procedures to ensure that funds made available for projects are used exclusively for the purpose specified in the grant application.

3. In developing the necessary documentation and procedures for grant applications and verification, the Secretariat Members should take into account the extent to which certain projects might be supported by, or be developed in partnership with, organizations other than JNG members, e.g. local/national negotiating bodies or individual trade unions.

4. The Secretariat Members shall make every effort to avoid all unnecessary bureaucracy and formality in the administration and procedures for the approval of grant applications.

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Memorandum of Understanding on Article 6: Contribution to the Fund

1. Contributions to the Fund shall be made by the ITF in one annual instalment. 2. The contributions shall reflect the amounts due for the previous calendar year, i.e. the

payment is made in arrears. 3. The calculations covering the contributions shall be based on the actual recorded

number of seafarers serving on ships covered by IBF Special Agreements as agreed between the ITF and the JNG.

4. When transferring the contributions to the IBF bank account, the ITF shall identify the amount of such contributions that apply to each JNG member.

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Approval Limits for the Each Fund

1. Approval for grants of up to US$80,000 may be provided by the Secretariat Members of the Panels, and will be reported back to the full Panel.

2. If a cumulative total in excess of US$240,000, per applicant, is exceeded in a six month

period, then the Secretariat Members shall be required to gain Full Panel approval, by e-mail, to continue recommending applications within that period.

3. Applications for grants up to US$150,000 may be approved by e-mail confirmation from all Panel Members, without the necessity of a full Panel meeting.

4. All grants over US$150,000 will require a full meeting of the Panel for onward approval.

ibf memorandum of agreement - imec · ibf memorandum of agreement (valid partnership and work...

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