Seagoing Industry Award 2020

Seagoing Industry Award 2020

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 30 April 2020 (PR718540).

Clause(s) affected by the most recent variation(s):

All clauses and schedules

Table of Contents

Part 1—Application and Operation of this Award

1. Title and commencement

2. Definitions

3. The National Employment Standards and this award

4. Coverage

5. Individual flexibility arrangements

6. Requests for flexible working arrangements

7. Facilitative provisions

8. Effect of Temporary Licences

Part 2—Types of Employment

9. Types of employment

10. Full-time employees

11. Relief employees

Part 3—Hours of Work

12. Ordinary hours of work and rostering

13. Breaks

Part 4—Wages and Allowances

14. Classifications and minimum rates

15. Payment of wages

16. Allowances—wage-related

17. Allowances—expense-related

18. Superannuation

Part 5—Leave and Public Holidays

19. Leave

20. Annual leave

21. Parental leave and related entitlements

22. Personal/carer’s leave and compassionate leave

23. Community service leave

24. Unpaid family and domestic violence leave

25. Public holidays

Part 6—Consultation and Dispute Resolution

26. Consultation about major workplace change

27. Consultation about changes to rosters or hours of work

28. Dispute resolution

Part 7—Termination of Employment and Redundancy

29. Termination of employment

30. Redundancy

Schedule A—Vessels Granted a Temporary Licence

Schedule B—Summary of Monetary Allowances

Schedule C—Agreement to Take Annual Leave in Advance

Schedule D—Agreement to Cash Out Annual Leave

Schedule E—Part-day Public Holidays

Part 1—Application and Operation of this Award

1. Title and commencement

2. Definitions

3. The National Employment Standards and this award

4. Coverage

5. Individual flexibility arrangements

6. Requests for flexible working arrangements

7. Facilitative provisions

8. Effect of Temporary Licences

1. Title and commencement

1.1 This award is the Seagoing Industry Award 2020.

1.2 This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.

1.3 A variation to this award does not affect any right,privilege,obligation or liability that a person acquired,accrued or incurred under the award as it existed prior to that variation.

2. Definitions

2.1 Clause 2 applies to all employers to which this award applies irrespective of whether the vessel was granted a temporary licence.

2.2 In this award,unless the contrary intention appears:

    Act means the Fair Work Act 2009 (Cth).

    AOV means all other vessels.

    approved course of study is a Certificate of Competency,including an Endorsement,as prescribed by the Navigation Act 2012 (Cth) or regulations made thereunder,conducted by the Australian Maritime College or an approved technical institution or academy.

    cargo includes all freight carried in a ship but does not include bunker fuel and other articles carried for the vessel’s use.

    day means from 12 midnight to the following 12 midnight.

    default fund employee means an employee who has no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth).

    defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).

    employee means national system employee within the meaning of the Act.

    employer means national system employer within the meaning of the Act.

    home port means the port at which the employee is originally engaged or the port which is agreed upon between the employer and employee concerned.

    NES means the National Employment Standards as contained in sections 59 to 131 of the Act.

    on-hire means the on-hire of an employee by their employer to a client,where such employee works under the general guidance and instruction of the client or a representative of the client.

    research vessel means fisheries research vessels and vessels used by the CSIRO,universities and similar institutions or governments for oceanographic research and which may carry non-maritime personnel engaged in research related activities including from time to time activities normally performed by maritime personnel.

    seafarer means a seaman as defined in section 14 of the Navigation Act 2012 (Cth) or the master of a ship.

    seagoing industry has the meaning given in clause 4.2.

    standard rate means the aggregate annual salary for the Integrated rating classification for dry cargo vessels of up to 19 000 tonnes (AOV) in clause 14.1(a) divided by 52.

    swing cycle work means a cycle made up of working and non-working days.

    trappings means articles of equipment or dress,especially of an ornamental character,such as hats,epaulettes and lanyards and other than required uniforms and protective clothing.

    temporary licence means a temporary licence granted under the Coastal Trading (Revitalising Australian Shipping) Act 2012 (Cth).

    vessel means any kind of vessel used in navigation other than air navigation.

3. The National Employment Standards and this award

3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.

3.2 Where this award refers to a condition of employment provided for in the NES,the NES definition applies.

3.3 The employer must ensure that copies of the award and the NES are available to all employees to whom they apply,either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.

4. Coverage

4.1 This industry award covers employers in respect of their operations in the seagoing industry and their employees in the classification listed in clause 14Classifications and minimum rates and clause A.1.1Classifications and minimum rates to the exclusion of any modern award.

4.2 For the purposes of clause 4.1,seagoing industry means the operation of vessels trading as cargo vessels,passenger vessels or operated as research vessels which,in the course of such trade or operation,proceed to sea (on voyages outside the limits of bays,harbours or rivers).

4.3 This award covers any employer which supplies labour on an on-hire basis in the seagoing industry in respect of on-hire employees in classifications covered by this award,and those on-hire employees,while engaged in the performance of work for a business in that industry. Clause 4.3 operates subject to the exclusions from coverage in this award.

4.4 This award covers employers which provide group training services for trainees engaged in the seagoing industry and/or parts of that industry and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. Clause 4.4 operates subject to the exclusions from coverage in this award.

4.5 This award does not cover:

    (a) employees who are covered by a modern enterprise award,or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)),or employers in relation to those employees;

    (b) employees who are covered by a State reference public sector modern award,or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)),or employers in relation to those employees;

    (c) an employee excluded from award coverage by the Act;

    (d) employers covered by the following awards:

      (i) the Coal Export Terminals Award 2020;

      (ii) the Dredging Industry Award 2020;

      (iii) the Maritime Offshore Oil and Gas Award 2020;

      (iv) the Port Authorities Award 2020;

      (v) the Stevedoring Industry Award 2020;or

    (e) employers in respect of their operations covered by the following awards:

      (i) the Marine Towage Award 2020;

      (ii) the Ports,Harbours and Enclosed Water Vessels Award 2020; or

    (f) maintenance contractors covered by the Manufacturing and Associated Industries and Occupations Award 2020.

4.6 Where an employer is covered by more than one award,an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

    NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.

5. Individual flexibility arrangements

5.1 Despite anything else in this award,an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:

    (a) arrangements for when work is performed;or

    (b) overtime rates;or

    (c) penalty rates;or

    (d) allowances;or

    (e) annual leave loading.

5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.

5.3 An agreement may only be made after the individual employee has commenced employment with the employer.

5.4 An employer who wishes to initiate the making of an agreement must:

    (a) give the employee a written proposal;and

    (b) if the employer is aware that the employee has,or reasonably should be aware that the employee may have,limited understanding of written English,take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.

5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.

5.6 An agreement must do all of the following:

    (a) state the names of the employer and the employee;and

    (b) identify the award term,or award terms,the application of which is to be varied;and

    (c) set out how the application of the award term,or each award term,is varied;and

    (d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made;and

    (e) state the date the agreement is to start.

5.7 An agreement must be:

    (a) in writing;and

    (b) signed by the employer and the employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

5.8 Except as provided in clause 5.7(b),an agreement must not require the approval or consent of a person other than the employer and the employee.

5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.

5.10 The employer and the employee must genuinely agree,without duress or coercion to any variation of an award provided for by an agreement.

5.11 An agreement may be terminated:

    (a) at any time,by written agreement between the employer and the employee;or

    (b) by the employer or employee giving 13 weeks’written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

    NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).

5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.

5.13 The right to make an agreement under clause 5 is additional to,and does not affect,any other term of this award that provides for an agreement between an employer and an individual employee.

6. Requests for flexible working arrangements

6.1 Employee may request change in working arrangements

    Clause 6 applies where an employee has made a request for a change in working arrangements under section 65 of the Act.

    NOTE 1: Section 65 of the Act provides for certain employees to request a change in their working arrangements because of their circumstances,as set out in section 65(1A). Clause 6 supplements or deals with matters incidental to the NES provisions.

    NOTE 2: An employer may only refuse a section 65 request for a change in working arrangements on ‘reasonable business grounds’(see section 65(5) and (5A)).

    NOTE 3: Clause 6 is an addition to section 65.

6.2 Responding to the request

    Before responding to a request made under section 65,the employer must discuss the request with the employee and genuinely try to reach agreement on a change in working arrangements that will reasonably accommodate the employee’s circumstances having regard to:

    (a) the needs of the employee arising from their circumstances;

    (b) the consequences for the employee if changes in working arrangements are not made;and

    (c) any reasonable business grounds for refusing the request.

    NOTE 1: The employer must give the employee a written response to an employee’s section 65 request within 21 days,stating whether the employer grants or refuses the request (section 65(4)).

    NOTE 2: If the employer refuses the request,then the written response must include details of the reasons for the refusal (section 65(6)).

6.3 What the written response must include if the employer refuses the request

    (a) Clause 6.3 applies if the employer refuses the request and has not reached an agreement with the employee under clause 6.2.

    (b) The written response under section 65(4) must include details of the reasons for the refusal,including the business ground or grounds for the refusal and how the ground or grounds apply.

    (c) If the employer and employee could not agree on a change in working arrangements under clause 6.2,then the written response under section 65(4) must:

      (i) state whether or not there are any changes in working arrangements that the employer can offer the employee so as to better accommodate the employee’s circumstances;and

      (ii) if the employer can offer the employee such changes in working arrangements,set out those changes in working arrangements.

6.4 What the written response must include if a different change in working arrangements is agreed

    If the employer and the employee reached an agreement under clause 6.2 on a change in working arrangements that differs from that initially requested by the employee,then the employer must provide the employee with a written response to their request setting out the agreed change(s) in working arrangements.

6.5 Dispute resolution

    Disputes about whether the employer has discussed the request with the employee and responded to the request in the way required by clause 6,can be dealt with under clause 28Dispute resolution.

7. Facilitative provisions

7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee,or an employer and the majority of employees in the enterprise or part of the enterprise concerned.

7.2 Facilitative provisions in this award are contained in the following clauses:

    Clause

    Provision

    Agreement between an employer and:

    20.2

    Annual leave in advance

    An individual

    20.3

    Cashing out of annual leave

    An individual

    A.4.2(c)

    Public holidays substitute days (Vessels Granted a Temporary Licence only)

    An individual

8. Effect of Temporary Licences

8.1 A temporary licence is a temporary licence granted under the Coastal Trading (Revitalising Australian Shipping) Act 2012 (Cth).

8.2 The provisions contained within Schedule A—Vessels Granted a Temporary Licence,apply exclusively to vessels granted a temporary licence.

8.3 The following parts of this award do not apply to vessels granted a temporary licence:

Part 2—Types of Employment

9. Types of employment

10. Full-time employees

11. Relief employees

9. Types of employment

9.1 Employees under this award will be employed in one of the following categories:

    (a) full-time employment;or

    (b) relief employment.

9.2 At the time of engagement an employer will inform each employee of the terms of their engagement and,in particular,whether they are to be a full-time or a relief employee.

10. Full-time employees

A full-time employee is engaged to work at least 38 ordinary hours per week,plus reasonable additional hours.

11. Relief employees

11.1 A relief employee is specifically engaged as a relief employee.

11.2 A relief employee receives,on a pro rata basis,equivalent pay and conditions to those of full-time employees.

Part 3—Hours of Work

12. Ordinary hours of work and rostering

13. Breaks

12. Ordinary hours of work and rostering

12.1 Clause 12 provides industry specific detail and supplements the NES provisions which deal with maximum weekly hours.

12.2 For the purposes of the NES an employee’s weekly hours may be averaged over a period of up to 52 weeks.

12.3 The ordinary hours for operational and maintenance work will be 8 hours per day each day of the week. Employees may be required to work in excess of the ordinary hours to meet the requirements of the vessel.

12.4 In port,cargo duties or gear turns will be worked in shifts of not more than 12 hours’duration,except where it is impractical due to crew shortages.

12.5 Minimum hours of rest

    (a) For the purpose of clause 12.5, seafarer means a seaman as defined in section 14 of the Navigation Act 2012 (Cth) or the master of a ship.

    (b) An employer shall comply with the requirements of Marine Order 28 that states that unless AMSA has granted an exemption under section 6 or emergency or drill or other overriding operational conditions as defined in section 13 exist:

      (i) The minimum hours of rest for a seafarer must be:

        ●10 hours in any 24 hours;and

        ●77 hours in any 7 days.

      (ii) The minimum hours of rest may be divided into 2 periods,of which one period must be at least 6 hours.

      (iii) The interval between consecutive periods of rest must not exceed 14 hours.

    (c) Joining a vessel overseas

      An employee required to travel overseas to join a vessel will be provided with adequate rest before commencing duties.

12.6 Swing cycle

    (a) Swing cycle work (or work cycle) means a cycle made up of working and non-working days.

    (b) Notwithstanding any other provision of this award,employees who go to sea may be engaged to work on a swing cycle.

13. Breaks

13.1 Meal breaks will be one hour and uninterrupted where practical.

13.2 Employees may be required to shorten their meal breaks to meet the operational requirements of the vessel.

13.3 No employee will be required to work for more than 6 hours without being allowed a break for a meal.

13.4 Meal breaks will be provided to employees,other than catering employees,during the following span of hours:

    Meal break

    Span of meal break

    Breakfast

    7.00 am –9.00 am

    Lunch

    12.00 pm –2.00 pm

    Dinner

    5.00 pm –7.00 pm

13.5 Meal breaks may only be shortened or altered where the Master or another officer deems it necessary to meet the operational requirements of the vessel.

13.6 Catering employees will take their meal breaks within the spread of hours in clause 13.4 where practical.

Part 4—Wages and Allowances

14. Classifications and minimum rates

15. Payment of wages

16. Allowances—wage-related

17. Allowances—expense-related

18. Superannuation

14. Classifications and minimum rates

14.1 An employee under this award,except as otherwise stated,will be paid at the rate of the aggregate annual salary prescribed in accordance with clause 14 appropriate to that employee’s classification. For the purposes of the following tables,18 means vessels manned at 18 or below.

    (a) Dry cargo vessels of up to 19,000 tonnes (D.C. Cat 1)

    Classification

    Manning

    Minimum salary

    (full-time employee)

    Aggregate overtime component

    Aggregate annual salary

      

    $

    $

    $

    Master

    18

    73,948

    27,984

    101,932

    Master

    AOV

    72,179

    27,313

    99,492

    Chief engineer

    18

    72,734

    27,524

    100,258

    Chief engineer

    AOV

    71,001

    26,868

    97,869

    First mate/First engineer

    18

    63,026

    23,851

    86,877

    First mate/First engineer

    AOV

    61,579

    23,302

    84,881

    Second mate/Second engineer

    18

    58,305

    22,064

    80,369

    Second mate/Second engineer

    AOV

    56,998

    21,569

    78,567

    Third mate/Third engineer

    18

    55,879

    21,145

    77,024

    Third mate/Third engineer

    AOV

    54,642

    20,677

    75,319

    Chief integrated rating/Chief cook/Chief steward

    18

    52,847

    19,998

    72,845

    Chief integrated rating/Chief cook/Chief steward

    AOV

    51,696

    19,561

    71,257

    Second cook

    AOV

    48,283

    18,271

    66,554

    Integrated rating/Assistant steward/Catering attendant

    18

    48,128

    18,212

    66,340

    Integrated rating/Assistant steward/Catering attendant

    AOV

    47,106

    17,823

    64,929*

      * Standard rate = aggregate annual salary for an Integrated rating (AOV)/52

    (b) Dry cargo vessels of between 19,000 and 39,000 tonnes (D.C. Cat 2)

    Classification

    Manning

    Minimum salary

    (full-time employee)

    Aggregate overtime component

    Aggregate annual salary

      

    $

    $

    $

    Master

    18

    76,223

    28,843

    105,066

    AOV

    74,389

    28,147

    102,536

    Chief engineer

    18

    74,963

    28,368

    103,331

    AOV

    73,167

    27,686

    100,853

    First mate/First engineer

    18

    64,891

    24,556

    89,447

    AOV

    63,385

    23,988

    87,373

    Second mate/Second engineer

    18

    59,855

    22,651

    82,506

    AOV

    58,635

    22,186

    80,821

    Third mate/Third engineer

    18

    57,472

    21,748

    79,220

    AOV

    56,189

    21,263

    77,452

    Chief integrated rating/Chief cook/Chief steward

    18

    53,696

    20,320

    74,016

    AOV

    52,523

    19,876

    72,399

    Second cook

    AOV

    48,997

    18,542

    67,539

    Integrated rating/Assistant steward/Catering attendant

    18

    48,819

    18,472

    67,291

    AOV

    47,776

    18,080

    65,856

    (c) Dry cargo vessels over 39,000 tonnes (D.C. Cat 3)

    Classification

    Manning

    Minimum salary

    (full-time employee)

    Aggregate overtime component

    Aggregate annual salary

      

    $

    $

    $

    Master

    18

    78,896

    29,855

    108,751

    AOV

    76,988

    29,131

    106,119

    Chief engineer

    18

    77,585

    29,359

    106,944

    AOV

    75,714

    28,653

    104,367

    First mate/First engineer

    18

    67,084

    25,384

    92,468

    AOV

    65,517

    24,793

    90,310

    Second mate/Second engineer

    18

    61,835

    23,399

    85,234

    AOV

    60,422

    22,865

    83,287

    Third mate/Third engineer

    18

    58,688

    22,209

    80,897

    AOV

    57,371

    21,710

    79,081

    Chief integrated rating/Chief cook/Chief steward

    18

    54,094

    20,470

    74,564

    AOV

    52,908

    20,021

    72,929

    Second cook

    AOV

    49,891

    18,881

    68,772

    Integrated rating/Assistant steward/Catering attendant

    18

    49,033

    18,553

    67,586

    AOV

    47,979

    18,156

    66,135

    (d) Crude tankers

    Classification

    Manning

    Minimum salary

    (full-time employee)

    Aggregate overtime component

    Aggregate annual salary

      

    $

    $

    $

    Master

    18

    89,412

    33,834

    123,246

    AOV

    86,483

    32,726

    119,209

    Chief engineer

    18

    87,893

    33,259

    121,152

    AOV

    85,021

    32,173

    117,194

    First mate/First engineer

    18

    74,948

    28,361

    103,309

    AOV

    72,578

    27,463

    100,041

    Second mate/Second engineer

    18

    69,617

    26,344

    95,961

    AOV

    67,452

    25,523

    92,975

    Third mate/Third engineer

    18

    65,050

    24,615

    89,665

    AOV

    63,058

    23,861

    86,919

    Chief integrated rating/Chief cook/Chief steward

    18

    58,331

    22,071

    80,402

    AOV

    56,603

    21,419

    78,022

    Second cook

    AOV

    52,940

    20,031

    72,971

    Integrated rating/Assistant steward/Catering attendant

    18

    52,239

    19,768

    72,007

    AOV

    50,276

    19,026

    69,302

    (e) Other (product) tankers

    Classification

    Manning

    Minimum salary

    (full-time employee)

    Aggregate overtime component

    Aggregate annual salary

      

    $

    $

    $

    Master

    18

    92,899

    35,153

    128,052

    AOV

    89,107

    33,719

    122,826

    Chief engineer

    18

    91,307

    34,549

    125,856

    AOV

    87,589

    33,144

    120,733

    First mate/First engineer

    18

    76,975

    29,127

    106,102

    AOV

    73,942

    27,981

    101,923

    Second mate/Second engineer

    18

    71,400

    27,018

    98,418

    AOV

    68,630

    25,970

    94,600

    Third mate/Third engineer

    18

    67,419

    25,513

    92,932

    AOV

    64,840

    24,536

    89,376

    Chief integrated rating/Chief cook/Chief steward

    18

    60,249

    22,799

    83,048

    AOV

    58,151

    22,003

    80,154

    Second cook

    AOV

    54,359

    20,569

    74,928

    Integrated rating/Assistant steward/Catering attendant

    18

    54,815

    20,743

    75,558

    AOV

    52,841

    19,994

    72,835

    (f) Gas carriers

    Classification

    Manning

    Minimum salary

    (full-time employee)

    Aggregate overtime component

    Aggregate annual salary

      

    $

    $

    $

    Master

    18

    90,807

    34,361

    125,168

    AOV

    89,697

    33,940

    123,637

    Chief engineer

    18

    90,414

    34,211

    124,625

    AOV

    88,170

    33,364

    121,534

    First mate/First engineer

    18

    76,246

    28,852

    105,098

    AOV

    74,412

    28,158

    102,570

    Second mate/Second engineer

    18

    70,738

    26,769

    97,507

    AOV

    69,063

    26,133

    95,196

    Third mate/Third engineer

    18

    67,979

    25,724

    93,703

    AOV

    66,388

    25,122

    91,510

    Chief integrated rating/Chief cook/Chief steward

    18

    62,075

    23,490

    85,565

    AOV

    60,654

    22,951

    83,605

    Second cook

    AOV

    57,734

    21,848

    79,582

    Integrated rating/Assistant steward/Catering attendant

    18

    56,700

    21,456

    78,156

    AOV

    55,439

    20,981

    76,420

    (g) Research vessels

    Classification

    Minimum salary

    (full-time employee)

    Aggregate overtime component

    Aggregate annual salary

     

    $

    $

    $

    Master

    68,610

    24,109

    92,719

    Chief engineer

    67,374

    23,672

    91,046

    First mate/First engineer

    57,390

    20,163

    77,553

    Second mate/Second engineer/ Electrical engineer

    52,504

    18,448

    70,952

    Third mate/Third engineer

    50,353

    17,692

    68,045

    Bosun/Chief steward/Chief cook/Chief integrated rating

    48,115

    16,812

    64,927

    Integrated rating/ AB/Greaser/Second cook

    44,370

    15,589

    59,959

14.2 The training,qualifications,roles and responsibilities of the classification of employees included in the tables above are incorporated in Australian Marine Orders 70–73,the Navigation Act 2012 (Cth) and other relevant State Flag requirements.

14.3 The annual salaries have been fixed on an aggregate basis taking into account all aspects and conditions of employment. The aggregate salaries are based on work for 10 hours per day (70 hours per week) for 27 weeks per year over 7 days a week with:

    (a) 8 hours per day at the minimum hourly rate;

    (b) 2 hours per day at 200% of the minimum hourly rate;and

    (c) the balance of hours above 38 ordinary hours per week (56 hours less 38 ordinary hours) at 200% of the minimum hourly rate.

14.4 National training wage

15. Payment of wages

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

15.1 The employer will pay the employee’s wages,penalties and allowances at a frequency of not longer than monthly by electronic funds transfer into the employee’s nominated bank or other recognised financial institution account.

15.2 An employer may deduct from any amount required to be paid to an employee under clause 15 the amount of any overpayment of wages or allowances.

15.3 Salaries will be calculated in the following way:

    (a) the monthly rate—by dividing the annual rate by 12;

    (b) the fortnightly rate—by dividing the annual rate by 26;and

    (c) the daily rate for fortnightly paid employees—by dividing the fortnightly rate by 14.

15.4 Withholding of wages

    (a) An employee will not be entitled to payment of any wages or salary or any other allowance or payment for any period during which a refusal or failure to work as required continues.

    (b) The non-entitlement will be at the hourly rate of each hour or part of an hour that the employee refuses or fails to work.

    (a) The hourly rate for the purposes of clause 15.4 will be 1/24th of the appropriate daily rate.

15.5 Payment on termination of employment

    (a) The employer must pay an employee no later than 7 days after the day on which the employee’s employment terminates:

      (i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination;and

      (ii) all other amounts that are due to the employee under this award and the NES.

    (b) The requirement to pay wages and other amounts under clause 15.5(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

    NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid”to the employee payment instead of giving notice.

    NOTE 2: Clause 15.5(b) allows the Commission to make an order delaying the requirement to make a payment under clause 15.5. For example,the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.

    NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act,may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.

16. Allowances—wage-related

NOTE:Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

16.1 Employers must pay to an employee the allowances the employee is entitled to under clause 16.

16.2 Tanker allowance

    (a) An employee will receive a tanker allowance of $10.36 for each day of duty on a tanker.

    (b) This payment includes a travelling allowance and is instead of any other such allowance.

16.3 Handling/securing cargo allowances

    An employee who is required to perform manual work involving handling cargo in port (handling),or work consisting of the securing or lashing of cargo (securing or lashing),will be paid an allowance under clause 16.3.

    (a) Handling/securing cargo between 7.00 am and 5.00 pm on Monday to Friday

      Unless watches are being kept and work is done outside an employee’s watch on duty:

      (i) handling cargo—$14.61 per hour;or

      (ii) securing or lashing cargo—$5.12 per hour,

    (b) At any other time Monday to Friday;or where watches are being kept and work is outside an employees’watch on duty;or on Saturdays,Sundays or public holidays (except where work is performed in the circumstances outlined in clause 16.3(c)):

      (i) handling cargo—$18.60 per hour;or

      (ii) securing or lashing cargo—$5.99 per hour,

    (c) Handling/securing cargo between 11.00 pm and 7.00 am

      The allowances in clauses 16.3(d) and 16.3(e)(i) are payable:

      (i) for work performed after 11.00 pm on any day where the work has already extended for at least 4 hours at 11.00 pm;

      (ii) where the work has extended for 4 hours ending at any time between 11.00 pm and 7.00 am or the commencement of ordinary duty on the following day;or

      (iii) for work after 11.00 pm where watches are being kept and 4 hours’work has already been performed off watch after 11.00 pm.

    (d) Handling/securing cargo between 11.00 pm and 7.00 am

      In the circumstances of clause 16.3(c):

      (i) handling cargo—$23.35 per hour;or

      (ii) securing or lashing cargo—$7.12 per hour.

    (e) Handling/securing cargo—mail,passengers’luggage or motor cars

      For work where the cargo is mail,passengers’luggage or passengers’motor cars,the following allowances are payable:

      (i) in circumstances outlined in clause 16.3(c):

       

      $ per hour

      Handling

      19.23

      Securing or lashing

      6.12

      (ii) at any other time:

       

      $ per hour

      Handling

      14.61

      Securing or lashing

      5.12

16.4 Disturbance of sleep allowance

    (a) When the rest of an employee sleeping onboard a vessel is seriously disturbed by noise from cargo operations between the hours of 11.00 pm and 6.00 am,or during an 8 hour rest period,the employee will be paid an allowance of $23.35 per night or rest period affected.

    (b) In determining the applicability of this allowance,the Master or officer in charge will carefully assess the merits of each claim.

16.5 Vessels wrecked or stranded allowance

    If a vessel becomes wrecked or stranded in the course of a voyage and an employee is called upon for special efforts while the vessel is still wrecked or stranded,the employee will,for the time during which the employee so assists,be paid at the rate of $16.23 per hour in addition to any other entitlement under this award.

17. Allowances—expense-related

NOTE:Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

17.1 Employers must pay to an employee the allowances the employee is entitled to under clause 17.

17.2 Study allowance

    (a) An approved course of study is a Certificate of Competency,including an Endorsement,as prescribed by the Navigation Act 2012 (Cth) or regulations made thereunder,conducted by the Australian Maritime College or an approved technical institution or academy.

    (b) Eligibility

      This allowance will apply to:

      (i) a Deck officer who goes ashore to study and sit for an approved course of study qualifying the employee as a First mate (Chief deck officer) or Master of a ship;and

      (ii) a Marine engineer,Marine electrician or Electrical engineer who goes ashore to study and sit for an approved course of marine engineering study.

    (c) Conditions for accessing entitlement

      The entitlements prescribed in clause 17.2(d) will only be payable by the employer if the following conditions are met:

      (i) an application has been made by the employee in writing and has been approved in writing by the employer;

      (ii) the employee has been employed by the employer for the 12 months prior to commencing the period of study;

      (iii) if the employer desires,the employee will enter into a written undertaking that the employee will remain in the employer’s employment for a period of at least 12 months after sitting for the certificate in question;

      (iv) the entitlement will be confined to the first attempt to obtain the certificate in question;and

      (v) the employee will provide the employer with reasonable proof of satisfactory attendance at the course of study and examination.

    (d) Entitlement

      (i) For approved study outside period of accrued leave—75% of the eligible employee’s salary or wages for the authorised period of study.

      (ii) For approved study during period of accrued leave—a period of additional leave (immediately following the sitting for each certificate),equal to 75% of the authorised period of study.

      (iii) An employer and an employee may agree to grant the additional leave under clause 17.2(d)(ii) as payment instead of leave.

      (iv) Where an application by an employee to undertake an approved course of study has been approved by the employer,and the employee is subsequently retrenched,the employee will be entitled to payment in accordance with clause 17.2(d)(i). For these purposes,the employee’s salary rate will be the rate applicable at the date of termination.

    (e) Living away from home

      When it is necessary for an employee to take up temporary residence away from their home port to undertake the approved study,the employee will be entitled to the following living away from home allowance during the authorised period of study:

      (i) $123.48 per week;or

      (ii) $174.12 per week (if the employee has a spouse or de facto partner and/or dependent children).

    (f) Authorised period of study

      The authorised period of study for eligible employees under clause 17.2(f) will consist of:

      (i) the period of their attendance at the course of study for each certificate;

      (ii) the prescribed examination times;and

      (iii) vacation times or holidays of not more than 7 consecutive days (including Saturdays,Sundays and public holidays).

17.3 Meal and accommodation allowance

    (a) An employee will be entitled to the relevant meal or accommodation allowance set out in clause 17.3(d),in the following circumstances:

      (i) an employee in a vessel is required by the employer to take a meal ashore and/or be accommodated ashore at a port other than at the employee’s home port;or

      (ii) subject to clause 17.3(c) an employee is directly travelling to their home port at the employer’s expense pursuant to clause 17.3(a) or any applicable legislation;or

      (iii) an employee is undertaking travel in accordance with clause 17.4.

    (b) Employees in their home port

      Employees in a vessel in their home port will only be entitled to the accommodation allowance set out in clause 17.3(d) when:

      (i) their usual place of residence is not actually located in their home port;

      (ii) accommodation is not provided;and

      (iii) they produce evidence to the reasonable satisfaction of the employer that they properly incurred the particular expenditure.

    (c) Meals while travelling by air

      An employee will only be entitled to payment of the respective meal allowance set out in clause 17.3(d) when:

      (i) the employee is travelling at the employer’s expense in accordance with clause 17.3(a);and

      (ii) an in-flight airline meal is not available to the employee whilst travelling during breakfast hours (7.00 am to 9.00 am) and/or lunch hours (12.00 pm to 2.00 pm) and/or dinner hours (5.00 pm to 7.00 pm).

    (d) Entitlement

      (i) An employee’s entitlement under clause 17.3 will be as follows:

      Daily rates

      $

      Breakfast

      21.60

      Lunch

      26.06

      Dinner

      43.17

      Accommodation

      145.93

      Accommodation and meals

      236.76

      Weekly rates

      $

      Meals

      454.28

      Accommodation

      729.73

      (ii) Clause 17.3(d) will not apply where the employer provides meals and accommodation.

17.4 Travel expenses

    Subject to the employee producing evidence to the reasonable satisfaction of the employer that expenditure claimed was properly incurred by the employee,the employer will reimburse the reasonable travel expenses of an employee when the employee is travelling:

    (a) as required by and for the purposes of the employer;or

    (b) to and/or from the employee’s home port in the following circumstances:

      (i) incidentally to the taking of leave as required by the employer;

      (ii) pursuant to the application of the Navigation Act 2012 (Cth);

      (iii) when the employee’s employment is terminated by the employer,except where the employee is dismissed for misconduct and the dismissal is not subsequently overturned;or

      (iv) when the employee terminates their employment at the same time that articles of agreement expire through the passing of time at any port other than at the employee’s home port.

    (c) Clause 17.4 will not apply where the employer provides free travel.

17.5 Personal effects allowance

    An employee who sustains damage or loss of their personal effects or equipment due to fire,explosion,foundering,shipwreck,collision or stranding,will be compensated by the employer for the damage or loss by a payment equivalent to the value thereof,not exceeding $4410.00.

17.6 Conveyance

    (a) Where a vessel lies at anchorage or at any buoy within port limits and is not duly treated as being at sea while there,the employer will reimburse the employee the cost of conveyance between the vessel and a safe landing place.

    (b) Clause 17.6(a) will not apply where the employer provides the conveyance or the Master considers it unreasonable in the circumstances at the time.

17.7 Medical expenses

    An employee who undergoes a medical examination by a medical inspector of seamen,at the requirement of the employer,or pursuant to requirements under the Navigation Act 2012 (Cth) and relevant Marine Orders,will be reimbursed the cost of the applicable fees by the employer.

17.8 Passports/travel document expenses

    The employer will reimburse an employee for all reasonable charges,fees and expenses incurred by an employee who is required by the employer to have and maintain:

    (a) a valid passport;

    (b) any necessary visas;and

    (c) any necessary vaccinations.

17.9 Reimbursement of expenses

    Upon production of evidence to the reasonable satisfaction of the employer that the expenditure claimed was properly incurred by the employee,the employer will reimburse an employee any expenses reasonably incurred by the employee in the performance of their duties and on behalf of the employer,including:

    (a) expenses in respect of fees incurred by a Master or Deck officer in obtaining or renewing a pilotage exemption certificate in the course of their service with the employer;

    (b) expenses associated with enquiries as to casualties or as to the conduct of employees and to proceedings for any alleged breach of any maritime or port or other regulations;and

    (c) reimbursement of reasonable legal costs incurred or fines imposed by a competent tribunal under any applicable environmental legislation provided that the expenses incurred were not due to,or arising from,the employee’s personal default or misconduct.

17.10 Industrial clothing

    (a) Uniforms

      If the employer requires an employee to wear a uniform,the employer must reimburse the employee for two-thirds of the cost of purchasing the clothing.

    (b) Trappings

      If an employer requires an employee to purchase any trappings,the employer must reimburse the employee for the full cost of purchasing the items. Any trappings will remain the property of the employer.

    (c) Safety shoes and protective clothing

      If an employer requires an employee to purchase any safety shoes and protective clothing (including overalls),the employer must reimburse the employee for the full cost of purchasing such items. Any such clothing will remain the property of the employer.

    (d) Clause 17.10 will not apply where the industrial clothing is supplied to the employee wholly at the employer’s expense.

18. Superannuation

18.1 Superannuation contributions for defined benefit members

    An employer is permitted to make superannuation contributions to a superannuation fund or scheme in relation to a default fund employee who is a defined benefit member of the fund or scheme.

Part 5—Leave and Public Holidays

19. Leave

20. Annual leave

21. Parental leave and related entitlements

22. Personal/carer’s leave and compassionate leave

23. Community service leave

24. Unpaid family and domestic violence leave

25. Public holidays

19. Leave

19.1 Leave factor and entitlement to leave

    (a) Subject to clause 19.1(c),for each day of duty on a vessel or a day during which the employee is involved in travelling to or from a vessel or place of work as required by the employer,an employee will accrue an entitlement to 0.926 of a day’s leave without loss of pay.

    (b) Where leave granted is less or more than that actually due,it will be debited or credited to the employee as less or additional leave.

    (c) Leave will not accrue:

      (i) on a day when an employee is on leave;

      (ii) on a day,or that part of a day,during which an employee fails or refuses to attend for or perform work as lawfully required by the employer;

      (iii) on any day on which the employee is undertaking an approved course of study or training ashore;

      (iv) when an employee’s engagement is less than one day;

      (v) on a day when an employee accepts shore-based secondment;or

      (vi) where a leave ratio higher than that contained in clause 19.1(a) operates,in order to give effect to an employee’s leave entitlement:

        ●days of joining or leaving a vessel;and

        ●days of travel to and from a vessel or required place of work despite that work is performed on any such day.

19.2 Calculation of leave entitlement

    The leave entitlement in clause 19.1(a) gives effect to,amongst other things:

    (a) leave with pay for weekends and public holidays worked;

    (b) annual leave with pay of 5 weeks per year;

    (c) personal/carer’s leave;

    (d) compassionate leave;and

    (e) a 35 hour working week.

19.3 Taking of leave

    (a) The taking of leave will,as far as practicable,be arranged to suit the running of the vessel in which the employee is engaged.

    (b) The period of leave granted will approximate as closely as possible both to the actual amount of leave due to the employee and to the date and time when the employee can most conveniently return to duty.

    (c) Unless otherwise agreed between the employer and the employee,the leave to which an employee is entitled under clause 19 will be granted by the employer and taken by the employee not later than 8 months after it has commenced to accrue.

19.4 Leave in advance:employer direction

    (a) Where an employee’s leave has expired,an employer may require an employee to take up to 14 days of leave in advance. An employee will not be required to take more than 14 days of leave in advance unless:

      (i) there has been prior consent by the employee;or

      (ii) a swing cycle agreement applying to the employee provides otherwise.

    (b) The giving and taking of leave will be arranged having regard to:

      (i) avoidance of delays to a vessel’s schedule,the voyaging pattern of the employee’s regular vessel and urgent needs or demands of the employer’s service;

      (ii) the need to correct imbalances in leave and duty periods;

      (iii) the employee’s home port;

      (iv) the need to reduce costs of travel;and

      (v) whether the employee has a right to accumulate leave under clause 19.5.

19.5 Accumulation of leave for study

    A Deck officer or Marine engineer who wishes to take leave for the purposes of an approved course of study in circumstances where the study allowance provisions in clause 17.2 do not apply (e.g. for a second or subsequent attempt at a Certificate of Competency),may accumulate and take their accrued leave in one period,at the time so desired by the employee,provided the employee has given reasonable notice of their intention to the employer.

19.6 Leave during dry docking

    Whilst a vessel has ceased operation for the purpose of a survey,overhaul or docking,the employer may require an employee to proceed to their home port to take accrued leave and any leave in advance to the extent permitted by clause 19.4.

19.7 Payment of leave on termination of employment

    Upon termination of employment,an employee’s leave entitlement under clause 19 will be paid at the salary rate for the last position in which the employee served.

20. Annual leave

20.1 Clause 19.1 of this award gives full effect to the NES entitlements to annual leave.

    NOTE: Where an employee is receiving over-award payments such that the employee’s base rate of pay is higher than the rate specified under this award,the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).

20.2 Annual leave in advance

    (a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.

    (b) An agreement must:

    (c) The employer must keep a copy of any agreement under clause 20.2 as an employee record.

    (d) If,on the termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 20.2,the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

20.3 Cashing out of annual leave

    (a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 20.3.

    (b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 20.3.

    (c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.

    (d) An agreement under clause 20.3 must state:

      (i) the amount of leave to be cashed out and the payment to be made to the employee for it;and

      (ii) the date on which the payment is to be made.

    (e) An agreement under clause 20.3 must be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

    (f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.

    (g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.

    (h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.

    (i) The employer must keep a copy of any agreement under clause 20.3 as an employee record.

    NOTE 1: Under section 344 of the Act,an employer must not exert undue influence or undue pressure on an employee to make,or not make,an agreement under clause 20.3.

    NOTE 2: Under section 345(1) of the Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 20.3.

    NOTE 3: An example of the type of agreement required by clause 20.3 is set out at Schedule D—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule D—Agreement to Cash Out Annual Leave.

21. Parental leave and related entitlements

Parental leave and related entitlements are provided for in the NES.

22. Personal/carer’s leave and compassionate leave

22.1 Clause 19.1 of this award gives full effect to the NES entitlements to personal/carer’s leave and compassionate leave.

22.2 Arrangements for taking of personal leave will be governed by the Navigation Act 2012 (Cth).

23. Community service leave

Community service leave is provided for in the NES.

24. Unpaid family and domestic violence leave

Unpaid family and domestic violence leave is provided for in the NES.

NOTE 1: Information concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers should consult with such employees regarding the handling of this information.

NOTE 2: Depending upon the circumstances,evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service,a court or family violence support service,or a statutory declaration.

25. Public holidays

25.1 Clause 19.1 of this award gives full effect to the NES entitlements to public holidays.

25.2 Part-day public holidays

Part 6—Consultation and Dispute Resolution

26. Consultation about major workplace change

27. Consultation about changes to rosters or hours of work

28. Dispute resolution

This part applies to all employers to which this award applies irrespective of whether the vessel was granted a temporary licence.

26. Consultation about major workplace change

26.1 If an employer makes a definite decision to make major changes in production,program,organisation,structure or technology that are likely to have significant effects on employees,the employer must:

    (a) give notice of the changes to all employees who may be affected by them and their representatives (if any);and

    (b) discuss with affected employees and their representatives (if any):

      (i) the introduction of the changes;and

      (ii) their likely effect on employees;and

      (iii) measures to avoid or reduce the adverse effects of the changes on employees;and

    (c) commence discussions as soon as practicable after a definite decision has been made.

26.2 For the purposes of the discussion under clause 26.1(b),the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

    (a) their nature;and

    (b) their expected effect on employees;and

    (c) any other matters likely to affect employees.

26.3 Clause 26.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

26.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 26.1(b).

26.5 In clause 26 significant effects,on employees,includes any of the following:

    (a) termination of employment;or

    (b) major changes in the composition,operation or size of the employer’s workforce or in the skills required;or

    (c) loss of,or reduction in,job or promotion opportunities;or

    (d) loss of,or reduction in,job tenure;or

    (e) alteration of hours of work;or

    (f) the need for employees to be retrained or transferred to other work or locations;or

    (g) job restructuring.

26.6 Where this award makes provision for alteration of any of the matters defined at clause 26.5,such alteration is taken not to have significant effect.

27. Consultation about changes to rosters or hours of work

27.1 Clause 27 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee,other than an employee whose working hours are irregular,sporadic or unpredictable.

27.2 The employer must consult with any employees affected by the proposed change and their representatives (if any).

27.3 For the purpose of the consultation,the employer must:

    (a) provide to the employees and representatives mentioned in clause 27.2 information about the proposed change (for example,information about the nature of the change and when it is to begin);and

    (b) invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.

27.4 The employer must consider any views given under clause 27.3(b).

27.5 Clause 27 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

28. Dispute resolution

28.1 Clause 28 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

28.2 The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the employee or employees concerned and the relevant supervisor.

28.3 If the dispute is not resolved through discussion as mentioned in clause 28.2,the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management,as appropriate.

28.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 28.2 and 28.3,a party to the dispute may refer it to the Fair Work Commission.

28.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute,including mediation,conciliation and consent arbitration.

28.6 If the dispute remains unresolved,the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.

28.7 A party to the dispute may appoint a person,organisation or association to support and/or represent them in any discussion or process under clause 28.

28.8 While procedures are being followed under clause 28 in relation to a dispute:

    (a) work must continue in accordance with this award and the Act;and

    (b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work,whether at the same or another workplace,that is safe and appropriate for the employee to perform.

28.9 Clause 28.8 is subject to any applicable work health and safety legislation.

Part 7—Termination of Employment and Redundancy

29. Termination of employment

30. Redundancy

29. Termination of employment

NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.

29.1 Notice of termination by an employee

    (a) Clause 29.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

    (b) An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.

      Table 1—Period of notice

    Column 1

    Employee’s period of continuous service with the employer at the end of the day the notice is given

    Column 2

    Period of notice

    Not more than 1 year

    1 week

    More than 1 year but not more than 3 years

    2 weeks

    More than 3 years but not more than 5 years

    3 weeks

    More than 5 years

    4 weeks

      NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.

    (c) In clause 29.1(b) continuous service has the same meaning as in section 117 of the Act.

    (d) If an employee who is at least 18 years old does not give the period of notice required under clause 29.1(b),then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

    (e) If the employer has agreed to a shorter period of notice than that required under clause 29.1(b),then no deduction can be made under clause 29.1(d).

    (f) Any deduction made under clause 29.1(d) must not be unreasonable in the circumstances.

30. Redundancy

NOTE:Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.

30.1 Transfer to lower paid duties on redundancy

    (a) Clause 30.1 applies if,because of redundancy,an employee is transferred to new duties to which a lower ordinary rate of pay applies.

    (b) The employer may:

      (i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer;or

      (ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer,provided that the employer pays the employee as set out in clause 30.1(c).

    (c) If the employer acts as mentioned in clause 30.1(b)(ii),the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role,and the ordinary rate of pay (also inclusive of all-purpose allowances and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

30.2 Employee leaving during redundancy notice period

    (a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.

    (b) The employee is entitled to receive the benefits and payments they would have received under clause 30 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.

    (c) However,the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.

Schedule A—Vessels Granted a Temporary Licence

The following provisions are to apply to vessels granted a temporary licence under the Coastal Trading (Revitalising Australian Shipping) Act 2012 (Cth).

A.1 Minimum Rates and Related Matters

A.1.1 Classifications and minimum rates

    Classification

    Minimum weekly rate

    (full-time employee)

     

    $

    Master

    1346.70

    Chief engineer

    1324.60

    First mate/First engineer

    1148.40

    Second mate/Second engineer/Radio Officer/Electrical Engineer

    1063.00

    Third mate/Third engineer

    1018.80

    Chief integrated rating/Bosun/Chief cook/Chief steward/Carpenter/ Fitter/Repairer/ Donkeyman/Electrician

    964.00

    Integrated rating/Able seaman/Fireman/Motorman/Pumpman/Oiler greaser/Steward

    878.50

    OS/Wiper/Deckboy/Catering Boy/2nd Cook/Messroom Steward

    740.90

A.2 Allowances

A.2.1 If,by fire,explosion,foundering,shipwreck,collision or stranding,an employee should sustain damage to or loss of their personal effects or equipment,the employer will compensate them for such damage or loss by a payment equivalent to the value thereof,not exceeding $4410.00.

A.2.2 The monetary amount in clause A.2.1 will be treated as a personal effects allowance and will be adjusted in accordance with clause B.2.

A.3 Hours of Work and Related Matters

A.3.1 Ordinary hours of work

    (a) The ordinary hours of work will be 7.6 hours per day from Monday to Friday.

    (b) All hours worked in excess of 7.6 hours per day from Monday to Friday will be paid as overtime.

    (c) All hours worked on Saturdays,Sundays and public holidays will be paid for as overtime.

    (d) Overtime

      All overtime worked will be paid at 125% of the minimum rate.

A.3.2 Rest periods

    (a) Each employee will have a minimum of 10 hours’rest in any 24 hour period and 77 hours in any 7 day period.

    (b) This period of 24 hours will begin at the time an employee starts work immediately after having had a period of at least 6 consecutive hours off duty.

    (c) The hours of rest may be divided into no more than 2 periods,one of which will be at least 6 hours in length,and the interval between consecutive periods of rest must not exceed 14 hours.

A.4 Leave and Public Holidays

A.4.1 Leave

    Notwithstanding the NES,each employee will be entitled to payment of leave of 8 days for each completed month of service and pro rata for any shorter period.

A.4.2 Public holidays

    (a) Public holiday entitlements are provided for in the NES.

    (b) Where a public holiday falls on a Saturday or Sunday,the following working day(s) will be observed as a public holiday.

    (c) An employer and an individual employee may agree to the employee taking another day as the public holiday instead of the day provided in the NES.

Schedule B—Summary of Monetary Allowances

See clauses 16Allowances—wage-related,17Allowances—expense-related and A.2 for full details of allowances payable

B.1 Wage-related allowances

B.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2Definitions as the aggregate annual salary for the Integrated rating classification for dry cargo vessels of up to 19,000 tonnes (AOV) in clause 14.1 divided by 52 = $1248.63.

Allowance

Clause

% of standard rate

$

Payable

Tanker allowance

16.2(a)

0.83

10.36

per day

Cargo allowances—between 7.00am and 5.00pm,unless the work is done outside the employee’s watch on duty if watches are being kept—handling

16.3(a)(i)

1.17

14.61

per hour

Cargo allowances—between 7.00am and 5.00pm,unless the work is done outside the employee’s watch on duty if watches are being kept—securing or lashing

16.3(a)(ii)

0.41

5.12

per hour

Cargo allowances—at any other time,or if the work is done outside the employee’s watch on duty,if watches are being kept,or on Saturdays,Sundays or public holidays—handling

16.3(b)(i)

1.49

18.60

per hour

Cargo allowances—at any other time,or if the work is done outside the employee’s watch on duty,if watches are being kept,or on Saturdays,Sundays or public holidays—securing or lashing

16.3(b)(ii)

0.48

5.99

per hour

Cargo allowances—between 11.00pm and 7.00am if certain prescribed conditions are met—handling

16.3(d)(i)

1.87

23.35

per hour

Cargo allowances—between 11.00pm and 7.00am if certain prescribed conditions are met—securing or lashing

16.3(d)(ii)

0.57

7.12

per hour

Cargo allowances—between 11.00pm and 7.00am if certain prescribed conditions are met and if the cargo is mail,passengers’luggage or passengers’motor cars—handling

16.3(e)(i)

1.54

19.23

per hour

Cargo allowances—between 11.00pm and 7.00am if certain prescribed conditions are met and if the cargo is mail,passengers’luggage or passengers’motor cars—securing or lashing

16.3(e)(i)

0.49

6.12

per hour

Cargo allowances—if the cargo is mail,passengers’luggage or passengers’motor cars—handling

16.3(e)(ii)

1.17

14.61

per hour

    Cargo allowances—if the cargo is mail,passengers’luggage or passengers’motor cars—securing or lashing

16.3(e)(ii)

0.41

5.12

per hour

Disturbance of sleep allowance

16.4(a)

1.87

23.35

per night or rest period

Vessels wrecked or stranded allowance—special efforts

16.5

1.30

16.23

per hour

B.1.2 Adjustment of wage-related allowances

    Wage-related allowances are adjusted in accordance with increases to wages and are based on a percentage of the standard rate as specified.

B.2 Expense-related allowances

B.2.1 The following expense-related allowances will be payable to employees in accordance with clauses 17Allowances—expense-related and A.2:

    Allowance

    Clause

    $

    Payable

    Living away from home allowance

    17.2(e)(i)

    123.48

    per week

    Living away from home (with spouse,etc) allowance

    17.2(e)(ii)

    174.12

    per week

    Meal and accommodation allowance—daily rates—breakfast

    17.3(d)(i)

    21.60

    per occasion

    Meal and accommodation allowance—daily rates—lunch

    17.3(d)(i)

    26.06

    per occasion

    Meal and accommodation allowance—daily rates—dinner

    17.3(d)(i)

    43.17

    per occasion

    Meal and accommodation allowance—daily rates—accommodation

    17.3(d)(i)

    145.93

    per night

    Meal and accommodation allowance—daily rates—accommodation and meals

    17.3(d)(i)

    236.76

    per day

    Meal and accommodation allowances—weekly rates—meals

    17.3(d)(i)

    454.28

    per week

    Meal and accommodation allowances—weekly rates—accommodation

    17.3(d)(i)

    729.73

    per week

    Personal effects allowance—an amount not exceeding

    17.5

    4410.00

    per occasion

    Personal effects allowance—vessels granted a temporary licence—an amount not exceeding

    A.2.1

    4410.00

    per occasion

B.2.2 Adjustment of expense-related allowances payable under this award.

    (a) At the time of any adjustment to the standard rate,each expense-related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.

    (b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0),as follows:

    Allowance

    Applicable Consumer Price Index figure

    Accommodation allowance

    Domestic holiday travel and accommodation sub-group

    Living away from home allowance

    Domestic holiday travel and accommodation sub-group

    Meal allowance

    Take away and fast foods sub-group

    Personal effects allowance

    All groups

   

Schedule C—Agreement to Take Annual Leave in Advance

Link to PDF copy of Agreement to Take Annual Leave in Advance.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:

The amount of leave to be taken in advance is:____ hours/days

The leave in advance will commence on:___/___/20___

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

[If the employee is under 18 years of age - include:]

I agree that:

if,on termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement,then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

   

Schedule D—Agreement to Cash Out Annual Leave

Link to PDF copy of Agreement to Cash Out Annual Leave.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:

The amount of leave to be cashed out is:____ hours/days

The payment to be made to the employee for the leave is:$_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)

The payment will be made to the employee on:___/___/20___

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

   

Schedule E—Part-day Public Holidays

E.1 This schedule operates in conjunction with award provisions dealing with public holidays.

E.2 Where a part-day public holiday is declared or prescribed between 6.00 pm and midnight,or 7.00 pm and midnight on Christmas Eve (24 December in each year) or New Year’s Eve (31 December in each year) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:

    (a) All employees will have the right to refuse to work on the part-day public holiday if the request to work is not reasonable or the refusal is reasonable as provided for in the NES.

    (b) Where a part-time or full-time employee is usually rostered to work ordinary hours on the declared or prescribed part-day public holiday but as a result of exercising their right under the NES does not work,they will be paid their ordinary rate of pay for such hours not worked.

    (c) Where a part-time or full-time employee is usually rostered to work ordinary hours on the declared or prescribed part-day public holiday but as a result of being on annual leave does not work,they will be taken not to be on annual leave during the hours of the declared or prescribed part-day public holiday that they would have usually been rostered to work and will be paid their ordinary rate of pay for such hours.

    (d) Where a part-time or full-time employee is usually rostered to work ordinary hours on the declared or prescribed part-day public holiday,but as a result of having a rostered day off (RDO) provided under this award,does not work,the employee will be taken to be on a public holiday for such hours and paid their ordinary rate of pay for those hours.

    (e) Excluding annualised salaried employees to whom clause E.2(f) applies,where an employee works any hours on the declared or prescribed part-day public holiday they will be entitled to the appropriate public holiday penalty rate (if any) in this award for those hours worked.

    (f) Where an employee is paid an annualised salary under the provisions of this award and is entitled under this award to time off in lieu or additional annual leave for work on a public holiday,they will be entitled to time off in lieu or pro-rata annual leave equivalent to the time worked on the declared or prescribed part-day public holiday.

    (g) An employee not rostered to work on the declared or prescribed part-day public holiday,other than an employee who has exercised their right in accordance with clause E.2(a),will not be entitled to another day off,another day’s pay or another day of annual leave as a result of the part-day public holiday.

    (h) Nothing in this schedule affects the right of an employee and employer to agree to substitute public holidays.

E.3 This schedule is not intended to detract from or supplement the NES.

About this document
(1)
Code:
MA000122
Title:
Seagoing Industry Award 2020
Effective:
30 Apr 2020
Updated:
17 Jun 2020
Instrument Type:
Modern Award
(35)
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
Seagoing Industry Award 2020
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(1)
1 Dec 2015
(43)
20 Dec 2016
1.0.11.0 SC