PR579867 - Variation - 20 Jun 2016

MA000086 PR579867

FAIR WORK COMMISSION

DETERMINATION

Fair Work Act 2009
s.285—Annual wage review

Annual Wage Review 2015–16
(C2016/1)

MARITIME OFFSHORE OIL AND GAS AWARD 2010
[MA000086]

Maritime industry
JUSTICE ROSS,PRESIDENT SENIOR DEPUTY PRESIDENT WATSON DEPUTY PRESIDENT ASBURY COMMISSIONER HAMPTON MR COLE PROFESSOR RICHARDSON MR GIBBS	MELBOURNE,21 JUNE 2016

Annual Wage Review 2015–16.

A. Further to the decision issued by the Expert Panel in the Annual Wage Review 2015–16 on 31 May 2016 [[2016] FWCFB 3500],the above award is varied as follows:

1. By deleting the table appearing in clause 13.1(a) and inserting the following:

Classification	Minimum salary	Aggregate overtime component	Aggregate annual salary
	$	$	$
Master	64,230	48,042	112,272
Facility Master	64,230	48,042	112,272
Chief Engineer	67,348	50,380	117,728
Chief Officer	53,797	40,217	94,014
Second Officer	51,503	38,496	89,999
Second Engineer	58,030	43,392	101,422
Third Engineer	55,738	41,672	97,410
Electrical Engineer	55,738	41,672	97,410
Deck/Communication Officer	51,503	38,496	89,999
Chief Integrated Rating	52,302	39,096	91,398
Integrated Rating	49,695	37,140	86,835
Chief Caterer	52,302	39,096	91,398
Chief Cook	52,302	39,096	91,398
Cook	49,695	37,140	86,835
Chief Steward	52,302	39,096	91,398
Caterer	49,695	37,140	86,835

2. By deleting the table appearing in clause 13.1(b) and inserting the following:

Classification	Minimum salary	Aggregate overtime component	Aggregate annual salary
	$	$	$
Division 1—64 metres or less
Master	61,517	38,857	100,374
First Mate	55,537	34,863	90,400
Second Mate	50,642	31,594	82,236
Chief Engineer	60,430	38,131	98,561
Second Engineer	55,537	34,863	90,400
Third Engineer	50,642	31,594	82,236
Integrated Rating	43,031	26,511	69,542
Division 2—more than 64 metres
Master	65,324	41,399	106,723
First Mate	58,923	37,124	96,047
Second Mate	53,687	33,628	87,315
Chief Engineer	64,159	40,622	104,781
Second Engineer	58,923	37,124	96,047
Third Engineer	53,687	33,628	87,315
Integrated Rating	45,543	28,189	73,732

3. By deleting the table appearing in clause 13.1(c) and inserting the following:

Classification	Minimum salary	Aggregate overtime component	Aggregate annual salary
	$	$	$
Master	57,712	36,315	94,027
Chief Engineer	56,698	35,638	92,336
First Mate/Second Engineer	52,148	32,599	84,747
Second Mate/Third Engineer	47,599	29,561	77,160
Integrated Rating	43,031	26,511	69,542

4. By deleting the table appearing in clause 13.1(d) and inserting the following:

Classification	Minimum salary	Aggregate overtime component	Aggregate annual salary
	$	$	$
Master	56,081	35,226	91,307
Chief Engineer	55,100	34,571	89,671
First Mate/Second Engineer	50,697	31,630	82,327
Integrated Rating	43,031	26,511	69,542

5. By deleting the table appearing in clause 13.1(e) and inserting the following:

Classification	Minimum salary	Aggregate overtime component	Aggregate annual salary
	$	$	$
Semi-submersible
Master	61,517	38,857	100,374
First Mate	55,537	34,863	90,400
Second Mate	50,642	31,594	82,236
Radio Officer	50,642	31,594	82,236
Chief Engineer	60,430	38,131	98,561
Second Engineer	55,537	34,863	90,400
Third Engineer	50,642	31,594	82,236
Marine Electrician	50,642	31,594	82,236
Bosun/Chief Integrated Rating	47,925	29,778	77,703
Bosun’s Mate	46,294	28,689	74,983
Integrated Rating	45,206	27,963	73,169
Provisional IR—under 18 years	26,505	15,473	41,978
Provisional IR—over 18 years	35,088	20,841	55,929
Chief Cook	47,925	29,778	77,703
Second Cook	45,206	27,963	73,169
Chief Caterer	47,925	29,778	77,703
Caterer	45,206	27,963	73,169
Drill ships
Master	64,779	41,035	105,814
First Mate	58,442	36,803	95,245
Second Mate	53,252	33,337	86,589
Radio Officer	53,252	33,337	86,589
Chief Engineer	63,627	40,267	103,894
Second Engineer	58,442	36,803	95,245
Third Engineer	53,252	33,337	86,589
Marine Electrician	53,252	33,337	86,589
Bosun/Chief Integrated Rating	50,372	31,413	81,785
Bosun’s Mate	48,642	30,257	78,899
Integrated Rating	47,489	29,488	76,977
Provisional IR—under 18 years	26,505	15,473	41,978
Provisional IR—over 18 years	35,088	20,841	55,929
Chief Cook	50,372	31,413	81,785
Second Cook	47,489	29,488	76,977
Chief Caterer	50,372	31,413	81,785
Caterer	47,489	29,488	76,977

6. By deleting the table appearing in clause 13.1(f) and inserting the following:

Classification	Minimum salary	Aggregate overtime component	Aggregate annual salary
	$	$	$
Master	61,517	38,857	100,374
First Mate/Second Engineer	60,430	38,131	98,561
Second Mate/Third Engineer	55,537	34,863	90,400
Integrated Ratings	50,642	31,594	82,236
Chief Cook/Chief Caterer	46,837	29,053	75,890
Caterer Cook	43,031	26,511	69,542
Provisional IR—under 18 years	26,032	15,157	41,189
Provisional IR—over 18 years	35,088	20,792	55,880

7. By deleting the table appearing in clause 13.1(g) and inserting the following:

Classification	Minimum salary	Aggregate overtime component	Aggregate annual salary
	$	$	$
Master	61,517	38,857	100,374
Mate	55,537	34,863	90,400
Integrated Rating	43,031	26,511	69,542

8. By deleting the table appearing in clause 13.1(h) and inserting the following:

Classification	Minimum salary	Aggregate overtime component	Aggregate annual salary
	$	$	$
Mary Anne tide or equivalent
Master	57,712	36,315	94,027
Mate	52,148	32,599	84,747
Chief Engineer	56,698	35,638	92,336
Deckhand/Integrated Rating	43,031	26,511	69,542
Utility vessels including landing barges
Master	55,100	34,377	89,477
Mate	49,040	30,769	79,809
Chief Engineer	53,999	33,268	87,267
Deckhand/Integrated Rating	43,031	26,511	69,542
Mooring assistant/utility vessels
Master	52,437	32,792	85,229
Chief Engineer	51,388	31,948	83,336
Mate	46,670	28,753	75,423
Deckhand/Integrated Rating	43,031	26,511	69,542

9. By deleting clause B.5 and inserting the following:

B.5 Minimum Wages

B.5.1 Minimum wages for full-time traineeships

(a) Wage Level A

Subject to clause B.5.3 of this schedule,the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix B1 are:


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per week	per week	per week
	$	$	$
School leaver	302.20	332.80	396.50
Plus 1 year out of school	332.80	396.50	461.40
Plus 2 years out of school	396.50	461.40	537.00
Plus 3 years out of school	461.40	537.00	614.80
Plus 4 years out of school	537.00	614.80
Plus 5 or more years out of school	614.80

(b) Wage Level B


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per week	per week	per week
	$	$	$
School leaver	302.20	332.80	385.80
Plus 1 year out of school	332.80	385.80	443.80
Plus 2 years out of school	385.80	443.80	520.40
Plus 3 years out of school	443.80	520.40	593.60
Plus 4 years out of school	520.40	593.60
Plus 5 or more years out of school	593.60

(c) Wage Level C


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per week	per week	per week
	$	$	$
School leaver	302.20	332.80	385.80
Plus 1 year out of school	332.80	385.80	434.30
Plus 2 years out of school	385.80	434.30	485.20
Plus 3 years out of school	434.30	485.20	540.60
Plus 4 years out of school	485.20	540.60
Plus 5 or more years out of school	540.60

(d) AQF Certificate Level IV traineeships

(i) Subject to clause B.5.3 of this schedule,the minimum wages for a trainee undertaking a full-time AQF Certificate Level IV traineeship are the minimum wages for the relevant full-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.

(ii) Subject to clause B.5.3 of this schedule,the minimum wages for an adult trainee undertaking a full-time AQF Certificate Level IV traineeship are as follows,provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

Wage level	First year of traineeship	Second and subsequent years of traineeship
	per week	per week
	$	$
Wage Level A	638.50	663.20
Wage Level B	616.00	639.70
Wage Level C	560.60	581.80

B.5.2 Minimum wages for part-time traineeships

(a) Wage Level A

Subject to clauses B.5.2(f) and B.5.3 of this schedule,the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix B1 are:


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per hour	per hour	per hour
	$	$	$
School leaver	9.94	10.96	13.05
Plus 1 year out of school	10.96	13.05	15.19
Plus 2 years out of school	13.05	15.19	17.66
Plus 3 years out of school	15.19	17.66	20.21
Plus 4 years out of school	17.66	20.21
Plus 5 or more years out of school	20.21

(b) Wage Level B


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per hour	per hour	per hour
	$	$	$
School leaver	9.94	10.96	12.70
Plus 1 year out of school	10.96	12.70	14.60
Plus 2 years out of school	12.70	14.60	17.13
Plus 3 years out of school	14.60	17.13	19.54
Plus 4 years out of school	17.13	19.54
Plus 5 or more years out of school	19.54

(c) Wage Level C


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per hour	per hour	per hour
	$	$	$
School leaver	9.94	10.96	12.70
Plus 1 year out of school	10.96	12.70	14.28
Plus 2 years out of school	12.70	14.28	15.95
Plus 3 years out of school	14.28	15.95	17.78
Plus 4 years out of school	15.95	17.78
Plus 5 or more years out of school	17.78

(d) School-based traineeships

Subject to clauses B.5.2(f) and B.5.3 of this schedule, the minimum wages for a trainee undertaking a school-based AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Levels A,B or C by Appendix B1 are as follows when the trainee works ordinary hours:


Year of schooling
Year 11 or lower	Year 12
per hour	per hour
$	$
9.94	10.96

(e) AQF Certificate Level IV traineeships

(i) Subject to clauses B.5.2(f) and B.5.3 of this schedule,the minimum wages for a trainee undertaking a part-time AQF Certificate Level IV traineeship are the minimum wages for the relevant part-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.

(ii) Subject to clauses B.5.2(f) and B.5.3 of this schedule,the minimum wages for an adult trainee undertaking a part-time AQF Certificate Level IV traineeship are as follows,provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

Wage level	First year of traineeship	Second and subsequent years of traineeship
	per hour	per hour
	$	$
Wage Level A	21.00	21.82
Wage Level B	20.24	21.03
Wage Level C	18.44	19.15

(f) Calculating the actual minimum wage

(i) Where the full-time ordinary hours of work are not 38 or an average of 38 per week,the appropriate hourly minimum wage is obtained by multiplying the relevant minimum wage in clauses B.5.2(a)–(e) of this schedule by 38 and then dividing the figure obtained by the full-time ordinary hours of work per week.

(ii) Where the approved training for a part-time traineeship is provided fully off-the-job by a registered training organisation,for example at school or at TAFE,the relevant minimum wage in clauses B.5.2(a)–(e) of this schedule applies to each ordinary hour worked by the trainee.

(iii) Where the approved training for a part-time traineeship is undertaken solely on-the-job or partly on-the-job and partly off-the-job,the relevant minimum wage in clauses B.5.2(a)–(e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.

B.5.3 Other minimum wage provisions

(a) An employee who was employed by an employer immediately prior to becoming a trainee with that employer must not suffer a reduction in their minimum wage per week or per hour by virtue of becoming a trainee. Casual loadings will be disregarded when determining whether the employee has suffered a reduction in their minimum wage.

(b) If a qualification is converted from an AQF Certificate Level II to an AQF Certificate Level III traineeship,or from an AQF Certificate Level III to an AQF Certificate Level IV traineeship,then the trainee must be paid the next highest minimum wage provided in this schedule,where a higher minimum wage is provided for the new AQF certificate level.

B.5.4 Default wage rate

The minimum wage for a trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate level are not allocated to a wage level by Appendix B1 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I–III traineeship whose training package and AQF certificate level are allocated to Wage Level B.

B. This determination comes into operation from 1 July 2016. In accordance with s.166(5) of the Fair Work Act 2009 this determination does not take effect until the start of the first full pay period that starts on or after 1 July 2016.

PRESIDENT

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Code:

PR579867

Title:

PR579867 - Variation - 20 Jun 2016

Effective:

1 Jul 2016

Updated:

24 Jun 2017

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