Seagoing Industry Award 2010

Seagoing Industry Award 2010

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 4 December 2017 (PR598110).

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

Current review matter(s):AM2014/47;AM2014/190;AM2014/196;AM2014/197;AM2014/243;AM2014/300;AM2014/301;AM2015/1;AM2015/2;AM2016/5;AM2016/8;AM2016/15;AM2016/17

Table of Contents

[Varied by PR530596,PR532631,PR544519,PR546288,PR557581,PR573679,PR588751]

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

Part 2—Consultation and Dispute Resolution

8. Consultation

9. Dispute resolution

PART A—ALL VESSELS NOT GRANTED A TEMPORARY LICENCE

Part 3—Types of Employment and Termination of Employment

10. Types of employment

11. Termination of employment

12. Redundancy

Part 4—Minimum Wages and Related Matters

13. Classifications and minimum wage rates

14. Allowances

15. Payment of wages

16. National training wage

17. Superannuation

Part 5—Hours of Work and Related Matters

18. Ordinary hours of work

19. Breaks

Part 6—Leave and Public Holidays

20. Leave

21. Annual leave

22. Personal/carer’s leave and compassionate leave

23. Community service leave

24. Public holidays

Schedule A—Transitional Provisions

Schedule B—National Training Wage

Schedule C—2017 Part-day Public Holidays

PART B—VESSELS GRANTED A TEMPORARY LICENCE

Part 7—Minimum Wages and Related Matters

25. Classifications and minimum wage rates

26. Allowances

Part 8—Hours of Work and Related Matters

27. Ordinary hours of work

28. Overtime

29. Rest periods

Part 9—Leave and Public Holidays

30. Leave

31. Public holidays

Schedule D—Agreement to Take Annual Leave in Advance

Schedule E—Agreement to Cash Out Annual Leave

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

1. Title

This award is the Seagoing Industry Award 2010.

2. Commencement and transitional

[Varied by PR530596,PR542242]

[2.1 varied by PR530596 ppc 21Aug12]

2.1 This award commences on 1 January 2010 excepting that this award commences on 1 January 2011 in respect of vessels granted a permit under the Navigation Act 1912 (Cth). From 1 July 2012,Part VI of the Navigation Act 1912 (Cth) was repealed and replaced by the Coastal Trading (Revitalising Australian Shipping) Act 2012 (Cth).

2.2 The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires an employer to maintain or increase any overaward payment.

2.3 This award contains transitional arrangements which specify when particular parts of the award come into effect. Some of the transitional arrangements are in clauses in the main part of the award. There are also transitional arrangements in Schedule A. The arrangements in Schedule A deal with:

    ●minimum wages and piecework rates

    ●casual or part-time loadings

    ●Saturday,Sunday,public holiday,evening or other penalties

    ●shift allowances/penalties.

[2.4 varied by PR542242 ppc 04Dec13]

2.4 Neither the making of this award nor the operation of any transitional arrangements is intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements,the Fair Work Commission may make any order it considers appropriate to remedy the situation.

[2.5 varied by PR542242 ppc 04Dec13]

2.5 The Fair Work Commission may review the transitional arrangements in this award and make a determination varying the award.

[2.6 varied by PR542242 ppc 04Dec13]

2.6 The Fair Work Commission may review the transitional arrangements:

    (a) on its own initiative;or

    (b) on application by an employer,employee,organisation or outworker entity covered by the modern award;or

    (c) on application by an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award;or

    (d) in relation to outworker arrangements,on application by an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the arrangements relate.

3. Definitions and interpretation

[Varied by PR997772,PR503627,(PR538111 quashed by PR543695),PR546129,PR551329]

3.1 In this award,unless the contrary intention appears:

    Act means the Fair Work Act 2009 (Cth)

    agreement-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

    AOV means all other vessels

    award-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

    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

[Definition of default fund employee inserted by PR546129 ppc 01Jan14]

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

[Definition of defined benefit member inserted by PR546129 ppc 01Jan14]

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

[Definition of Division 2B State award inserted by PR503627 ppc 01Jan11]

    Division 2B State award has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of employee substituted by PR997772 from 01Jan10]

    employee means national system employee within the meaning of the Act

[Definition of employer substituted by PR997772 from 01Jan10]

    employer means national system employer within the meaning of the Act

    enterprise award-based instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

    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 Fair Work Act 2009 (Cth)

    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

    repatriation means the provision of transport to and from the home port of an employee at the employer’s cost

[Definition of research vessel inserted by PR551329 ppc 14Feb14]

    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

Definition of seagoing industry substituted by PR551329 ppc 14Feb14]

    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)

    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 13.1(a) divided by 52

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

[Definition of temporary licensed ship inserted by (PR538111 quashed by PR543695)]

    transitional minimum wage instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

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

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

4. Coverage

[Varied by PR530596]

[4.1 substituted by PR530596 ppc 21Aug12]

4.1 This industry award covers employers which are engaged in the seagoing industry and their employees in the classification listed in clause 13 and clause 25—Classifications and minimum wage rates to the exclusion of any modern award.

4.2 This award covers any employer which supplies labour on an on-hire basis in the industry set out in clause 4.1 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. This subclause operates subject to the exclusions from coverage in this award.

4.3 This award covers employers which provide group training services for trainees engaged in the industry and/or parts of industry set out at clause 4.1 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. This subclause operates subject to the exclusions from coverage in this award.

4.4 Exclusions

    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 2010;

      (ii) the Dredging Industry Award 2010;

      (iii) the Marine Towage Award 2010;

      (iv) the Maritime Offshore Oil and Gas Award 2010;

      (v) the Port Authorities Award 2010;

      (vi) the Ports,Harbours and Enclosed Water Vessels Award 2010;

      (vii) the Stevedoring Industry Award 2010;or

    (e) maintenance contractors covered by the Manufacturing and Associated Industries and Occupations Award 2010.

4.5 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. Access to the award and the National Employment Standards

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

6. The National Employment Standards and this award

The NES and this award contain the minimum conditions of employment for employees covered by this award.

7. Award flexibility

[Varied by PR542242]

7.1 Notwithstanding any other provision of this award,an employer and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning:

    (a) arrangements for when work is performed;

    (b) overtime rates;

    (c) penalty rates;

    (d) allowances;and

    (e) leave loading.

[7.2 varied by PR542242 ppc 04Dec13]

7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual employee has commenced employment with the employer.

7.3 The agreement between the employer and the individual employee must:

    (a) be confined to a variation in the application of one or more of the terms listed in clause 7.1;and

[7.3(b) varied by PR542242 ppc 04Dec13]

    (b) result in the employee being better off overall at the time the agreement is made than the employee would have been if no individual flexibility agreement had been agreed to.

7.4 The agreement between the employer and the individual employee must also:

    (a) be in writing,name the parties to the agreement and be signed by the employer and the individual employee and,if the employee is under 18 years of age,the employee’s parent or guardian;

    (b) state each term of this award that the employer and the individual employee have agreed to vary;

    (c) detail how the application of each term has been varied by agreement between the employer and the individual employee;

    (d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment;and

    (e) state the date the agreement commences to operate.

7.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.

7.6 Except as provided in clause 7.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.

7.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures,including translation into an appropriate language,to ensure the employee understands the proposal.

7.8 The agreement may be terminated:

[7.8(a) varied by PR542242 ppc 04Dec13]

    (a) by the employer or the individual employee giving 13 weeks’notice of termination,in writing,to the other party and the agreement ceasing to operate at the end of the notice period;or

    (b) at any time,by written agreement between the employer and the individual employee.

[Note inserted by PR542242 ppc 04Dec13]

    Note:If any of the requirements of s.144(4),which are reflected in the requirements of this clause,are not met then the agreement may be terminated by either the employee or the employer,giving written notice of not more than 28 days (see s.145 of the Fair Work Act 2009 (Cth)).

[New 7.9 inserted by PR542242 ppc 04Dec13]

7.9 The notice provisions in clause 7.8(a) only apply to an agreement entered into from the first full pay period commencing on or after 4 December 2013. An agreement entered into before that date may be terminated in accordance with clause 7.8(a),subject to four weeks’notice of termination.

[7.9 renumbered as 7.10 by PR542242 ppc 04Dec13]

7.10 The right to make an agreement pursuant to this clause is in addition to,and is not intended to otherwise affect,any provision for an agreement between an employer and an individual employee contained in any other term of this award.

Part 2—Consultation and Dispute Resolution

8. Consultation

9. Dispute resolution

8. Consultation

[8—Consultation regarding major workplace change renamed and substituted by PR546288 ppc 01Jan14]

8.1 Consultation regarding major workplace change

    (a) Employer to notify

      (i) Where an employer has made a definite decision to introduce major changes in production,program,organisation,structure or technology that are likely to have significant effects on employees,the employer must notify the employees who may be affected by the proposed changes and their representatives,if any.

      (ii) Significant effects include termination of employment;major changes in the composition,operation or size of the employer’s workforce or in the skills required;the elimination or diminution of job opportunities,promotion opportunities or job tenure;the alteration of hours of work;the need for retraining or transfer of employees to other work or locations;and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.

    (b) Employer to discuss change

      (i) The employer must discuss with the employees affected and their representatives,if any,the introduction of the changes referred to in clause 8.1(a),the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.

      (ii) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 8.1(a).

      (iii) For the purposes of such discussion,the employer must provide in writing to the employees concerned and their representatives,if any,all relevant information about the changes including the nature of the changes proposed,the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer’s interests.

8.2 Consultation about changes to rosters or hours of work

    (a) Where an employer proposes to change an employee’s regular roster or ordinary hours of work,the employer must consult with the employee or employees affected and their representatives,if any,about the proposed change.

    (b) The employer must:

      (i) provide to the employee or employees affected and their representatives,if any,information about the proposed change (for example,information about the nature of the change to the employee’s regular roster or ordinary hours of work and when that change is proposed to commence);

      (ii) invite the employee or employees affected and their representatives,if any,to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities);and

      (iii) give consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.

    (c) The requirement to consult under this clause does not apply where an employee has irregular,sporadic or unpredictable working hours.

    (d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.

9. Dispute resolution

[Varied by PR542242]

9.1 In the event of a dispute about a matter under this award,or a dispute in relation to the NES,in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute,the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.

[9.2 varied by PR542242 ppc 04Dec13]

9.2 If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace,and all appropriate steps under clause 9.1 have been taken,a party to the dispute may refer the dispute to the Fair Work Commission.

[9.3 varied by PR542242 ppc 04Dec13]

9.3 The parties may agree on the process to be utilised by the Fair Work Commission including mediation,conciliation and consent arbitration.

[9.4 varied by PR542242 ppc 04Dec13]

9.4 Where the matter in dispute remains unresolved,the Fair Work Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.

9.5 An employer or employee may appoint another person,organisation or association to accompany and/or represent them for the purposes of this clause.

9.6 While the dispute resolution procedure is being conducted,work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation,an employee must not unreasonably fail to comply with a direction by the employer to perform work,whether at the same or another workplace,that is safe and appropriate for the employee to perform.

PART A—ALL VESSELS NOT GRANTED A TEMPORARY LICENCE

[Heading and preamble to Part A substituted by PR530596 ppc 21Aug12]

The following provisions (Part 3 to Part 6,Schedule A and Schedule B) are to apply to all vessels except those which have been granted a temporary licence under the Coastal Trading (Revitalising Australian Shipping) Act 2012 (Cth).

Part 3—Types of Employment and Termination of Employment

10. Types of employment

11. Termination of employment

12. Redundancy

10. Types of employment

10.1 General

    (a) Employees under this award will be employed in one of the following categories:

      (i) full-time employment;or

      (ii) relief employment.

    (b) 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 full-time or relief employees.

10.2 Full-time employment

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

10.3 Relief employment

    A relief employee is an employee who is specifically engaged as such and receives,on a pro rata basis,equivalent pay and conditions to those of full-time employees.

11. Termination of employment

11.1 Notice of termination is provided for in the NES.

11.2 Notice of termination by an employee

    The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES,an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.

12. Redundancy

12.1 Redundancy arrangements are provided for in the NES.

12.2 Transfer to lower paid duties

    Where an employee is transferred to lower paid duties by reason of redundancy,the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may,at the employer’s option,make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing.

12.3 Employee leaving during notice period

    An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice,but is not entitled to payment instead of notice.

Part 4—Minimum Wages and Related Matters

13. Classifications and minimum wage rates

14. Allowances

15. Payment of wages

16. National training wage

17. Superannuation

13. Classifications and minimum wage rates

[Varied by PR997966,PR509153,PR522984,PR536787,PR551329,PR551710,PR566802,PR579917,PR592225]

13.1 An employee under this award,except as otherwise stated,will be paid at the rate of the aggregate annual salary prescribed in accordance with this clause 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)

[13.1(a) varied by PR997966,PR509153,PR522984,PR536787,PR551710,PR566802,PR579917,PR592225 ppc 01Jul17]

    Classification

    Manning

    Minimum salary

    Aggregate overtime component

    Aggregate annual salary

      

    $

    $

    $

    Master

    18

    69,366

    26,250

    95,616

    AOV

    67,707

    25,620

    93,327

    Chief engineer

    18

    68,228

    25,818

    94,046

    AOV

    66,602

    25,203

    91,805

    First mate/First engineer

    18

    59,121

    22,373

    81,494

    AOV

    57,763

    21,858

    79,621

    Second mate/Second engineer

    18

    54,693

    20,697

    75,390

    AOV

    53,467

    20,233

    73,700

    Third mate/Third engineer

    18

    52,416

    19,835

    72,251

    AOV

    51,256

    19,396

    70,652

    Chief integrated rating/Chief cook/Chief steward

    18

    49,573

    18,759

    68,332

    AOV

    48,493

    18,349

    66,842

    Second cook

    AOV

    45,292

    17,139

    62,431

    Integrated rating/Assistant steward/Catering attendant

    18

    45,146

    17,084

    62,230

    AOV

    44,187

    16,719

    60,906*

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

[13.1(b) varied by PR997966,PR509153,PR522984,PR536787,PR551710,PR566802,PR579917,PR592225 ppc 01Jul17]

    Classification

    Manning

    Minimum salary

    Aggregate overtime component

    Aggregate annual salary

      

    $

    $

    $

    Master

    18

    71,500

    27,056

    98,556

    AOV

    69,780

    26,403

    96,183

    Chief engineer

    18

    70,319

    26,611

    96,930

    AOV

    68,634

    25,971

    94,605

    First mate/First engineer

    18

    60,871

    23,035

    83,906

    AOV

    59,458

    22,501

    81,959

    Second mate/Second engineer

    18

    56,147

    21,247

    77,394

    AOV

    55,002

    20,812

    75,814

    Third mate/Third engineer

    18

    53,911

    20,401

    74,312

    AOV

    52,707

    19,946

    72,653

    Chief integrated rating/Chief cook/Chief steward

    18

    50,369

    19,061

    69,430

    AOV

    49,269

    18,644

    67,913

    Second cook

    AOV

    45,961

    17,393

    63,354

    Integrated rating/Assistant steward/Catering attendant

    18

    45,794

    17,328

    63,122

    AOV

    44,815

    16,959

    61,774

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

[13.1(c) varied by PR997966,PR509153,PR522984,PR536787,PR551710,PR566802,PR579917,PR592225 ppc 01Jul17]

    Classification

    Manning

    Minimum salary

    Aggregate overtime component

    Aggregate annual salary

      

    $

    $

    $

     

    Master

    18

    74,008

    28,005

    102,013

    AOV

    72,218

    27,327

    99,545

    Chief engineer

    18

    72,778

    27,540

    100,318

    AOV

    71,023

    26,877

    97,900

    First mate/First engineer

    18

    62,928

    23,812

    86,740

    AOV

    61,458

    23,257

    84,715

    Second mate/Second engineer

    18

    58,004

    21,949

    79,953

    AOV

    56,678

    21,448

    78,126

    Third mate/Third engineer

    18

    55,052

    20,833

    75,885

    AOV

    53,816

    20,365

    74,181

    Chief integrated rating/Chief cook/Chief steward

    18

    50,742

    19,202

    69,944

    AOV

    49,630

    18,781

    68,411

    Second cook

    AOV

    46,800

    17,711

    64,511

    Integrated rating/Assistant steward/Catering attendant

    18

    45,995

    17,404

    63,399

    AOV

    45,007

    17,031

    62,038

    (d) Crude tankers

[13.1(d) varied by PR997966,PR509153,PR522984,PR536787,PR551710,PR566802,PR579917,PR592225 ppc 01Jul17]

    Classification

    Manning

    Minimum salary

    Aggregate overtime component

    Aggregate annual salary

      

    $

    $

    $

    Master

    18

    83,872

    31,738

    115,610

    AOV

    81,125

    30,699

    111,824

    Chief engineer

    18

    82,447

    31,198

    113,645

    AOV

    79,754

    30,180

    109,934

    First mate/First engineer

    18

    70,304

    26,604

    96,908

    AOV

    68,081

    25,761

    93,842

    Second mate/Second engineer

    18

    65,303

    24,712

    90,015

    AOV

    63,272

    23,942

    87,214

    Third mate/Third engineer

    18

    61,019

    23,090

    84,109

    AOV

    59,151

    22,383

    81,534

    Chief integrated rating/Chief cook/Chief steward

    18

    54,717

    20,703

    75,420

    AOV

    53,096

    20,092

    73,188

    Second cook

    AOV

    49,660

    18,790

    68,450

    Integrated rating/Assistant steward/Catering attendant

    18

    49,002

    18,543

    67,545

    AOV

    47,161

    17,847

    65,008

    (e) Other (product) tankers

[13.1(e) varied by PR997966,PR509153,PR522984,PR536787,PR551710,PR566802,PR579917,PR592225 ppc 01Jul17]

    Classification

    Manning

    Minimum salary

    Aggregate overtime component

    Aggregate annual salary

      

    $

    $

    $

    Master

    18

    87,143

    32,975

    120,118

    AOV

    83,586

    31,630

    115,216

    Chief engineer

    18

    85,650

    32,409

    118,059

    AOV

    82,162

    31,091

    113,253

    First mate/First engineer

    18

    72,206

    27,323

    99,529

    AOV

    69,360

    26,247

    95,607

    Second mate/Second engineer

    18

    66,976

    25,344

    92,320

    AOV

    64,378

    24,361

    88,739

    Third mate/Third engineer

    18

    63,242

    23,932

    87,174

    AOV

    60,822

    23,015

    83,837

    Chief integrated rating/Chief cook/Chief steward

    18

    56,516

    21,386

    77,902

    AOV

    54,548

    20,640

    75,188

    Second cook

    AOV

    50,991

    19,295

    70,286

    Integrated rating/Assistant steward/Catering attendant

    18

    51,418

    19,458

    70,876

    AOV

    49,567

    18,756

    68,323

    (f) Gas carriers

[13.1(f) varied by PR997966,PR509153,PR522984,PR536787,PR551710,PR566802,PR579917,PR592225 ppc 01Jul17]

    Classification

    Manning

    Minimum salary

    Aggregate overtime component

    Aggregate annual salary

      

    $

    $

    $

    Master

    18

    85,181

    32,232

    117,413

    AOV

    84,139

    31,837

    115,976

    Chief engineer

    18

    84,813

    32,092

    116,905

    AOV

    82,707

    31,297

    114,004

    First mate/First engineer

    18

    71,522

    27,065

    98,587

    AOV

    69,802

    26,414

    96,216

    Second mate/Second engineer

    18

    66,356

    25,110

    91,466

    AOV

    64,784

    24,514

    89,298

    Third mate/Third engineer

    18

    63,767

    24,130

    87,897

    AOV

    62,274

    23,565

    85,839

    Chief integrated rating/Chief cook/Chief steward

    18

    58,229

    22,035

    80,264

    AOV

    56,896

    21,529

    78,425

    Second cook

    AOV

    54,157

    20,495

    74,652

    Integrated rating/Assistant steward/Catering attendant

    18

    53,187

    20,127

    73,314

    AOV

    52,004

    19,681

    71,685

    (g) Research vessels

[13.1(g) inserted by PR551329 ppc 14Feb14;varied by PR551710,PR566802,PR579917,PR592225 ppc 01Jul17]

    Classification

    Minimum salary

    Aggregate overtime component

    Aggregate annual salary

     

    $

    $

    $

    Master

    64,359

    22,615

    86,974

    Chief engineer

    63,200

    22,206

    85,406

    First mate/First engineer

    53,834

    18,914

    72,748

    Second mate/Second engineer/ Electrical engineer

    49,251

    17,305

    66,556

    Third mate/Third engineer

    47,233

    16,596

    63,829

    Bosun/Chief steward/Chief cook/Chief integrated rating

    45,134

    15,770

    60,904

    Integrated rating/ AB/Greaser/Second cook

    41,621

    14,623

    56,244

13.2 The training,qualifications,roles and responsibilities of the classification of employees included in the tables above are incorporated in Australian Marine Orders—Part 3,the Navigation Act 1912 (Cth) and other relevant State Flag requirements.

13.3 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 seven days a week with:

    (a) eight hours per day at ordinary time;

    (b) two hours per day at double time;and

    (c) the balance of hours above 38 ordinary hours per week (56 hours less 38 ordinary hours) at double time.

14. Allowances

To view the current monetary amounts of work-related allowances refer to the Allowances Sheet.

[Varied by PR994307,PR998162,PR509274,PR523104,PR536907,PR551830,PR566931,PR579629,PR592375]

14.1 Tanker allowance

    (a) An employee will receive a tanker allowance of 0.83% of the standard rate for each day of duty on a tanker.

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

14.2 Handling/securing cargo allowances

    (a) An employee who is required to perform manual work involving handling cargo in port will be paid an allowance of:

      (i) 1.17% of the standard rate per hour between 7.00 am and 5.00 pm,unless the work is done outside the employee’s watch on duty if watches are being kept;

      (ii) subject to clause 14.2(a)(iv),1.49% of the standard rate per hour 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;

      (iii) 1.17% of the standard rate per hour if the cargo is mail,passengers’luggage or passengers’motor cars;or

      (iv) 1.87% of the standard rate per hour between 11.00 pm and 7.00 am (1.54% of the standard rate per hour if the cargo is mail,passengers’luggage or passengers’motor cars),in the following circumstances:

        ●after 11.00 pm on any day such work has already extended for at least four hours at 11.00 pm;

        ●after such work has extended for four hours ending at any time between 11.00 pm and 7.00 am or the commencement of ordinary duty on the following day;or

        ●where watches are being kept,for work off watch after 11.00 pm where four hours’work has already been performed off watch.

    (b) In the case of cargo work,consisting of the securing or lashing of cargo,the following rates will be substituted for the rates contained in clause 14.2(a):

      (i) 0.41% for 1.17%;

      (ii) 0.48% for 1.49%;

      (iii) 0.41% for 1.17%;and

      (iv) 0.57% for 1.87% (or 0.49% for 1.54%).

14.3 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 eight hour rest period,the employee will be paid an allowance of 1.87% of the standard rate per night or rest period so affected.

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

14.4 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 1.3% of the standard rate per hour in addition to any other entitlement under this award.

14.5 Personal effects allowance

[14.5 varied by PR998162,PR509274,PR523104,PR536907, PR551830,PR566931 PR579629,PR592375 ppc 01Jul17]

    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 $4271.00.

14.6 Study allowance

    (a) Eligible employees

      This allowance will apply to:

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

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

    (b) An approved course of study is a Certificate of Competency,including an Endorsement,as prescribed by the Navigation Act 1912 (Cth) or regulations made thereunder,conducted by the Australian Maritime College or an approved technical institution or academy.

    (c) Conditions for accessing entitlement

      The entitlements prescribed in clause 14.6(d) will only be payable by the employer if the following conditions are met:

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

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

      (iii) if the employer so desires,the employee will enter into a written undertaking that the employee will remain in its 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 three quarters of the authorised period of study.

      (iii) An employer and an employee may agree to grant the additional leave under clause 14.6(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 14.6(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 allowance

[14.6(e)(i) varied by PR998162,PR523104,PR536907, PR551830,PR566931 ppc 01Jul15]

      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) $117.35 per week;or

[14.6(e)(ii) varied by PR994307 from 01Jan10,varied by PR998162,PR523104,PR536907, PR551830,PR566931 ppc 01Jul15]

      (ii) $165.48 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 this clause will consist of:

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

      (ii) the prescribed examination times;and

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

14.7 Meal and accommodation allowance

    (a) An employee will be entitled to the relevant meal or accommodation allowance set out in clause 14.7(d),in the following circumstances:

      (i) where 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 14.7(c),where an employee is directly travelling to their home port at the employer’s expense pursuant to clause 14.7(a) or any applicable legislation.

    (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 14.7(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 whilst travelling by air

      An employee will only be entitled to payment of the respective meal allowance set out in clause 14.7(d) when:

      (i) the employee is travelling at the employer’s expense in accordance with clause 14.7(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

      An employee’s entitlement under clause 14.7 will be as follows:

      (i) Daily rates

[14.7(d)(i) varied by PR998162,PR509274,PR523104,PR536907, PR551830,PR566931,PR579629,PR592375 ppc 01Jul17]

       

      $

      Breakfast

      20.52

      Lunch

      24.75

      Dinner

      40.99

      Accommodation

      138.70

      Accommodation and meals

      224.96

      (ii) Weekly rates

[14.7(d)(ii) varied by PR998162,PR509274,PR523104,PR536907, PR551830,PR566931,PR579629,PR592375 ppc 01Jul17]

       

      $

      Meals

      431.37

      Accommodation

      693.55

      (iii) This clause will not apply where the employer provides meals and accommodation.

14.8 Travel expenses

    (a) The employer will reimburse the reasonable travel expenses of an employee when the employee is travelling:

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

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

        ●incidentally to the taking of leave as required by the employer;

        ●pursuant to the application of the Navigation Act 1912 (Cth);

        ●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

        ●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.

      (iii) Clause 14.8(a) will not apply where the employer provides free travel.

    (b) For meals and accommodation during travel,see clause 14.7.

    (c) In order to claim an entitlement under this clause,an employee will produce evidence to the reasonable satisfaction of the employer that the expenditure claimed was properly incurred by the employee.

14.9 Conveyance

    (a) Unless the Master considers it unreasonable in the circumstances at the time,where a vessel lies at anchorage or at any buoy within port limits and is not duly treated as being at sea whilst there,the employer will reimburse the employee the cost of conveyance between the vessel and a safe landing place.

    (b) Clause 14.9 will not apply where the employer provides the conveyance.

14.10 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 1912 (Cth) and relevant Marine Orders,will be reimbursed the cost of the applicable fees by the employer.

14.11 Passports/travel document expenses

    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,

    will be reimbursed by the employer for all reasonable charges,fees and expenses incurred by the employee in this respect.

14.12 Reimbursement of expenses

    (a) 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.

    (b) The entitlement under this clause will extend to:

      (i) 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;

      (ii) 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

      (iii) 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.

    (c) In order to claim a reimbursement under this clause,an employee will produce evidence to the reasonable satisfaction of the employer that the expenditure claimed was properly incurred by the employee.

14.13 Industrial clothing

    (a) Uniforms

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

    (b) Trappings

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

    (c) Safety shoes and protective clothing

      Where 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 14.13 will have no application where the industrial clothing is supplied to the employee wholly at the employer’s expense.

14.14 Adjustment of expense related allowances

    (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

   

15. Payment of wages

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 this clause 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 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. The non-entitlement will be at the hourly rate of each hour or part of an hour that the employee so refuses or fails to work. The hourly rate for the purposes of this clause will be 1/24th of the appropriate daily rate.

16. National training wage

[16 substituted by PR593890 ppc 01Jul17]

16.1 Schedule E to the Miscellaneous Award 2010 sets out minimum wage rates and conditions for employees undertaking traineeships.

16.2 This award incorporates the terms of Schedule E to the Miscellaneous Award 2010 as at 1 July 2017. Provided that any reference to “this award”in Schedule E to the Miscellaneous Award 2010 is to be read as referring to the Seagoing Industry Award 2010 and not the Miscellaneous Award 2010.

17. Superannuation

[New 17 inserted by PR546129 ppc 01Jan14]

17.1 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—Hours of Work and Related Matters

18. Ordinary hours of work

19. Breaks

18. Ordinary hours of work

[Varied by PR533149;17 renumbered as 18 by PR546129 ppc 01Jan14]

18.1 This clause provides industry specific detail and supplements the NES which deals with maximum weekly hours.

18.2 The ordinary hours for operational and maintenance work will be eight hours per day each day of the week. Subject to meeting the requirements of the vessel,employees may be required to work in excess of the ordinary hours.

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

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

18.5 Minimum hours of rest

[17.5 renamed by PR533149 ppc 15Jan13]

[17.5(a) varied by PR533149 ppc 15Jan13]

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

      (i) 10 hours in any 24 hours and 77 hours in any seven days. The minimum hours of rest may be divided into two periods,of which one period must be at least six hours. The interval between consecutive periods of rest must not exceed 14 hours.

      (ii) The requirements for rest periods laid down in clause 18.5(a)(i) need not be maintained in the case of an emergency or drill or in other overriding operational conditions.

      (iii) seafarer means a seaman as defined in subsection 6(1) of the Navigation Act 1912 (Cth) or the master of a ship.

    (b) Exception

[17.5(b) substituted by PR533149 ppc 15Jan13]

      (i) Clause 18.5(a) does not apply to an employee engaged on a ship in relation to which the Australian Maritime Safety Authority has approved an exception pursuant to clause 15 of Marine Order 28,Issue 4.

      (ii) In circumstances in which clause 18.5(b)(i) applies,an employee must be provided with rest breaks in accordance with the terms of the exception granted by the Australian Maritime Safety Authority.

    (c) Joining a vessel overseas

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

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

19. Breaks

[18 renumbered as 19 by PR546129 ppc 01Jan14]

19.1 An employee will,where practical,be allowed 60 consecutive minutes for each meal. Employees may be required to curtail their meal breaks where operational requirements of the vessel dictate.

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

19.3 Meal breaks will be provided to employees,with the exception of catering employees,during the following span of hours:

Meal breaks

Span of hours

Breakfast

between 7.00 am and 9.00 am

Midday meal

between 12.00 pm and 2.00 pm

Evening meal

between 5.00 pm and 7.00 pm

19.4 Catering employees will take their meal breaks,so far as is practical,within the spread of hours in clause 19.3. Meal breaks may only be curtailed or altered where the Master or another officer deems it necessary to meet the operational requirements of the vessel.

Part 6—Leave and Public Holidays

20. Leave

21. Annual leave

22. Personal/carer’s leave and compassionate leave

23. Community service leave

24. Public holidays

20. Leave

[19 renumbered as 20 by PR546129 ppc 01Jan14;varied by PR588751]

20.1 Leave factor and entitlement to leave

    (a) Subject to clause 20.1(c),for each day of duty on a vessel or a day during which the employee is necessarily 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 under this clause in relation to the following:

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

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

      (vi) where a leave ratio higher than that contained in clause 20.1(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.

20.2 Calculation of leave entitlement

    The leave entitlement in clause 20.1(a) gives effect to,amongst other things:

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

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

    (c) personal/carer’s leave;

    (d) compassionate leave;and

    (e) a 35 hour working week.

20.3 Taking of leave

    The taking of leave will,as far as practicable,be correlated with the running of the vessel in which the employee is engaged. 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.

20.4 Leave in advance:employer direction

[20.4 renamed by PR588751 ppc 20Dec16]

    (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 exigencies 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 20.5.

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

20.5 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 14.6 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.

20.6 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 20.4.

20.7 Payment of leave on termination of employment

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

21. Annual leave

[20 renumbered as 21 by PR546129 ppc 01Jan14;varied by PR588751]

[Paragraph renumbered as 21.1 by PR588751 ppc 20Dec16]

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

21.2 Annual leave in advance

[21.2 inserted by PR588751 ppc 20Dec16]

    (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:

      (i) state the amount of leave to be taken in advance and the date on which leave is to commence;and

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

      Note:An example of the type of agreement required by clause 21.2 is set out at Schedule D. There is no requirement to use the form of agreement set out at Schedule D.

    (c) The employer must keep a copy of any agreement under clause 21.2 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 21.2,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.

21.3 Cashing out of annual leave

[21.3 inserted by PR588751 ppc 20Dec16]

    (a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 21.3.

    (b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 21.3.

    (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 21.3 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 21.3 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 21.3 as an employee record.

    Note 1:Under section 344 of the Fair Work Act,an employer must not exert undue influence or undue pressure on an employee to make,or not make,an agreement under clause 21.3.

    Note 2:Under section 345(1) of the Fair Work Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 21.3.

    Note 3:An example of the type of agreement required by clause 21.3 is set out at Schedule E. There is no requirement to use the form of agreement set out at Schedule E.

22. Personal/carer’s leave and compassionate leave

[21 renumbered as 22 by PR546129 ppc 01Jan14]

22.1 Clause 20.1 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 1912 (Cth).

23. Community service leave

[22 renumbered as 23 by PR546129 ppc 01Jan14]

Community service leave is provided for in the NES.

24. Public holidays

[23 renumbered as 24 by PR546129 ppc 01Jan14]

Clause 20.1 of this award gives full effect to the NES entitlements to public holidays.

Schedule A—Transitional Provisions

[Varied by PR503627]

A.1 General

A.1.1 The provisions of this schedule deal with minimum obligations only.

A.1.2 The provisions of this schedule are to be applied:

    (a) when there is a difference,in money or percentage terms,between a provision in a relevant transitional minimum wage instrument (including the transitional default casual loading) or award-based transitional instrument on the one hand and an equivalent provision in this award on the other;

    (b) when a loading or penalty in a relevant transitional minimum wage instrument or award-based transitional instrument has no equivalent provision in this award;

    (c) when a loading or penalty in this award has no equivalent provision in a relevant transitional minimum wage instrument or award-based transitional instrument;or

    (d) when there is a loading or penalty in this award but there is no relevant transitional minimum wage instrument or award-based transitional instrument.

A.2 Minimum wages –existing minimum wage lower

A.2.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

    (a) was obliged,

    (b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

    (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

    by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage lower than that in this award for any classification of employee.

A.2.2 In this clause minimum wage includes:

    (a) a minimum wage for a junior employee,an employee to whom training arrangements apply and an employee with a disability;

    (b) a piecework rate;and

    (c) any applicable industry allowance.

A.2.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.

A.2.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.2.3 is referred to as the transitional amount.

A.2.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award minus the specified proportion of the transitional amount:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.2.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review.

A.2.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.3 Minimum wages –existing minimum wage higher

A.3.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

    (a) was obliged,

    (b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

    (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

    by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage higher than that in this award for any classification of employee.

A.3.2 In this clause minimum wage includes:

    (a) a minimum wage for a junior employee,an employee to whom training arrangements apply and an employee with a disability;

    (b) a piecework rate;and

    (c) any applicable industry allowance.

A.3.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.

A.3.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.3.3 is referred to as the transitional amount.

A.3.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award plus the specified proportion of the transitional amount:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.3.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review. If the transitional amount is equal to or less than any increase in minimum wages resulting from the 2010 annual wage review the transitional amount is to be set off against the increase and the other provisions of this clause will not apply.

A.3.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.4 Loadings and penalty rates

    For the purposes of this schedule loading or penalty means a:

    ●casual or part-time loading;

    ●Saturday,Sunday,public holiday,evening or other penalty;

    ●shift allowance/penalty.

A.5 Loadings and penalty rates –existing loading or penalty rate lower

A.5.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

    (a) was obliged,

    (b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

    (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

    by the terms of a transitional minimum wage instrument or an award-based transitional instrument to pay a particular loading or penalty at a lower rate than the equivalent loading or penalty in this award for any classification of employee.

A.5.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument for the classification concerned.

A.5.3 The difference between the loading or penalty in this award and the rate in clause A.5.2 is referred to as the transitional percentage.

A.5.4 From the following dates the employer must pay no less than the loading or penalty in this award minus the specified proportion of the transitional percentage:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.5.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.6 Loadings and penalty rates –existing loading or penalty rate higher

A.6.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

    (a) was obliged,

    (b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

    (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

    by the terms of a transitional minimum wage instrument or an award-based transitional instrument to pay a particular loading or penalty at a higher rate than the equivalent loading or penalty in this award,or to pay a particular loading or penalty and there is no equivalent loading or penalty in this award,for any classification of employee.

A.6.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument.

A.6.3 The difference between the loading or penalty in this award and the rate in clause A.6.2 is referred to as the transitional percentage. Where there is no equivalent loading or penalty in this award,the transitional percentage is the rate in A.6.2.

A.6.4 From the following dates the employer must pay no less than the loading or penalty in this award plus the specified proportion of the transitional percentage:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.6.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.7 Loadings and penalty rates –no existing loading or penalty rate

A.7.1 The following transitional arrangements apply to an employer not covered by clause A.5 or A.6 in relation to a particular loading or penalty in this award.

A.7.2 Prior to the first full pay period on or after 1 July 2010 the employer need not pay the loading or penalty in this award.

A.7.3 From the following dates the employer must pay no less than the following percentage of the loading or penalty in this award:

    First full pay period on or after

     

    1 July 2010

    20%

    1 July 2011

    40%

    1 July 2012

    60%

    1 July 2013

    80%

A.7.4 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.8 Former Division 2B employers

[A.8 inserted by PR503627 ppc 01Jan11]

A.8.1 This clause applies to an employer which,immediately prior to 1 January 2011,was covered by a Division 2B State award.

A.8.2 All of the terms of a Division 2B State award applying to a Division 2B employer are continued in effect until the end of the full pay period commencing before 1 February 2011.

A.8.3 Subject to this clause,from the first full pay period commencing on or after 1 February 2011 a Division 2B employer must pay no less than the minimum wages,loadings and penalty rates which it would be required to pay under this Schedule if it had been a national system employer immediately prior to 1 January 2010.

A.8.4 Despite clause A.8.3,where a minimum wage,loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was lower than the corresponding minimum wage,loading or penalty rate in this award,nothing in this Schedule requires a Division 2B employer to pay more than the minimum wage,loading or penalty rate in this award.

A.8.5 Despite clause A.8.3,where a minimum wage,loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was higher than the corresponding minimum wage,loading or penalty rate in this award,nothing in this Schedule requires a Division 2B employer to pay less than the minimum wage,loading or penalty rate in this award.

A.8.6 In relation to a Division 2B employer this Schedule commences to operate from the beginning of the first full pay period on or after 1 January 2011 and ceases to operate from the beginning of the first full pay period on or after 1 July 2014.

Schedule B—National Training Wage

[Varied by PR997966,PR509153,PR522984,PR536787,PR545787,PR551710,PR566802,PR579917;deleted by PR593890 ppc 01Jul17]

Schedule C—2017 Part-day Public Holidays

[Sched C inserted by PR532631 ppc 23Nov12;renamed and varied by PR544519 ppc 21Nov13;renamed and varied by PR557581,PR573679,PR580863,PR598110 ppc 04Dec17]

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

C.1 Where a part-day public holiday is declared or prescribed between 7.00 pm and midnight on Christmas Eve (24 December 2017) or New Year’s Even (31 December 2017) 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 between 7.00 pm and midnight 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 between 7.00 pm and midnight but as a result of being on annual leave does not work,they will be taken not to be on annual leave between those hours of 7.00 pm and midnight 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 between 7.00 pm and midnight,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 C.1(f) applies,where an employee works any hours between 7.00 pm and midnight 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 between 7.00 pm and midnight.

    (g) An employee not rostered to work between 7.00 pm and midnight,other than an employee who has exercised their right in accordance with clause C.1(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.

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

This schedule is an interim provision and subject to further review.

PART B—VESSELS GRANTED A TEMPORARY LICENCE

[Heading and preamble to Part B substituted by PR530596 ppc 21Aug12;(preamble to Part B substituted by PR538111 quashed by PR543695)]

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

Part 7—Minimum Wages and Related Matters

25. Classifications and minimum wage rates

26. Allowances

25. Classifications and minimum wage rates

[24 varied by PR997966,PR509153,PR522984,PR532521,PR536787;24 renumbered as 25 by PR546129 ppc 01Jan14;varied by PR551710;substituted by PR554316,PR566802 ppc 01Jul15;varied by PR579917,PR592225 ppc 01Jul17]

The classifications and minimum wages for an employee are set out in the following table:

Classification

Minimum weekly wage

 

$

Master

1329.80

Chief engineer

1307.90

First mate/First engineer

1133.90

Second mate/Second engineer/Radio Officer/Electrical Engineer

1049.60

Third mate/Third engineer

1006.00

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

951.80

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

867.40

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

731.60*

* Minimum wage for 40 hours

   

26. Allowances

[Varied by PR998162,PR509274,PR523104,PR536907;25 renumbered as 26 by PR546129 ppc 01Jan14;varied by PR551830,PR566931,PR579629,PR592375]

[25.1 varied by PR998162,PR509274,PR523104,PR536907,26.1 varied by PR551830,PR566931,PR579629,PR592375 ppc 01Jul17]

26.1 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 $4271.00.

26.2 The monetary amount in 26.1 will be treated as a personal effects allowance and will be adjusted in accordance with clause 14.14.

Part 8—Hours of Work and Related Matters

27. Ordinary hours of work

28. Overtime

29. Rest periods

30. Leave

31. Public holidays

27. Ordinary hours of work

[26 renumbered as 27 by PR546129 ppc 01Jan14]

27.1 The ordinary hours of work will be eight hours per day from Monday to Friday.

27.2 All hours worked in excess of eight hours per day from Monday to Friday will be paid as overtime.

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

28. Overtime

[27 renumbered as 28 by PR546129 ppc 01Jan14]

All overtime worked will be paid at time and a quarter.

29. Rest periods

[28 renumbered as 29 by PR546129 ppc 01Jan14]

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

29.2 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.

29.3 The hours of rest may be divided into no more than two periods,one of which will be at least six hours in length,and the interval between consecutive periods of rest must not exceed 14 hours.

Part 9—Leave and Public Holidays

30. Leave

31. Public holidays

30. Leave

[29 renumbered as 30 by PR546129 ppc 01Jan14]

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

31. Public holidays

[30 renumbered as 31 by PR546129 ppc 01Jan14]

31.1 Public holidays are provided for in the NES.

31.2 Where a public holiday falls on a Saturday or Sunday,the following working days will be observed as a public holiday.

31.3 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 D—Agreement to Take Annual Leave in Advance

[Sched D inserted by PR588751 ppc 20Dec16]

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 E—Agreement to Cash Out Annual Leave

[Sched E inserted by PR588751 ppc 20Dec16]

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___

About this document
(1)
Code:
MA000122
Title:
Seagoing Industry Award 2010
Effective:
4 Dec 2017
Updated:
4 Dec 2017
Instrument Type:
Modern Award
(25)
Seagoing Industry Award 2010
Seagoing Industry Award 2010
Seagoing Industry Award 2010
Seagoing Industry Award 2010
Seagoing Industry Award 2010
Seagoing Industry Award 2010
Seagoing Industry Award 2010
Seagoing Industry Award 2010
Seagoing Industry Award 2010
Seagoing Industry Award 2010
Seagoing Industry Award 2010
Seagoing Industry Award 2010
Seagoing Industry Award 2010
Seagoing Industry Award 2010
Seagoing Industry Award 2010
Seagoing Industry Award 2010
Seagoing Industry Award 2010
Seagoing Industry Award 2010
Seagoing Industry Award 2010
Seagoing Industry Award 2010
Seagoing Industry Award 2010
Seagoing Industry Award 2010
Seagoing Industry Award 2010
Seagoing Industry Award 2010
Seagoing Industry Award 2010
Seagoing Industry Award 2010
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(1)
1 Dec 2015
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