PR718527 - Variation - 30 Apr 2020

MA000085  PR718527
FAIR WORK COMMISSION

DETERMINATION


Fair Work Act 2009

s.1564 yearly review of modern awards

4 yearly review of modern awards
(AM2019/17)

DREDGING INDUSTRY AWARD 2010
[MA000085]

Dredging industry

JUSTICE ROSS,PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT

MELBOURNE,30 APRIL 2020

4 yearly review of modern awards – Dredging Industry Award 2010 –modern award varied.

A. Further to the decision [[2020] FWCFB 2124] issued by the Full Bench of the Fair Work Commission on 27 April 2020,the Dredging Industry Award 2010 is varied as follows:

1. By deleting all clauses,schedules and appendices.

2. By inserting the clauses and schedules attached.

B. This determination comes into operation from 18 June 2020. In accordance with s.165(3) 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 18 June 2020.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

Dredging Industry Award 2020

Table of Contents

Part 1—Application and Operation of this Award 3
1. Title and commencement 3
2. Definitions 3
3. The National Employment Standards and this award 5
4. Coverage 5
5. Individual flexibility arrangements 7
6. Requests for flexible working arrangements 8
7. Facilitative provisions 9
Part 2—Types of Employment and Classifications 10
8. Types of employment 10
9. Full-time employees 10
10. Part-time employees 10
11. Casual employees 11
12. Classifications 13
Part 3—Hours of Work 13
13. Ordinary hours of work and rostering 13
14. Breaks 14
Part 4—Wages and Allowances 15
15. Minimum rates 15
16. Payment of wages 19
17. Allowances 20
18. Superannuation 25
Part 5—Overtime and Penalty Rates 26
19. Overtime 26
20. Penalty rates 26
Part 6—Leave and Public Holidays 26
21. Annual leave 26
22. Personal/carer’s leave and compassionate leave 30
23. Parental leave and related entitlements 30
24. Community service leave 30
25. Unpaid family and domestic violence leave 30
26. Public holidays 30
Part 7—Consultation and Dispute Resolution 31
27. Consultation about major workplace change 31
28. Consultation about changes to rosters or hours of work 32
29. Dispute resolution 32
Part 8—Termination of Employment and Redundancy 33
30. Termination of employment 33
31. Redundancy 34
Schedule A —Summary of Hourly Rates of Pay 35
Schedule B —Summary of Monetary Allowances 44
Schedule C —Agreement to Take Annual Leave in Advance 47
Schedule D —Agreement to Cash Out Annual Leave 48
Schedule E —Part-day Public Holidays 49

Part 1—Application and Operation of this Award

1. Title and commencement

1.1 This award is the Dredging Industry Award 2020.

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

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

2. Definitions

In this award,unless the contrary intention appears:

    Act means the Fair Work Act 2009 (Cth).
    aggregate rate means the minimum rate that has been fixed on the basis that,except where otherwise provided in the award,it takes account of all aspects and conditions of employment both general and particular and incorporates the dredging industry allowance.
    all purposes means the payment will be included in the rate of pay of an employee who is entitled to the allowance,when calculating any penalties or loadings or payment while they are on annual leave (see clause 17.2(a)).
    barge means either a propelled or non-propelled barge engaged in the carriage of dredge spoil,marine stores including fuel and/or dredging equipment.
    continuous operation means 24 hours per day operation.
    day means the 24 hours midnight to midnight.
    day worker means an employee who works day work in accordance with this award and does not include a shiftworker on day shift.
    default fund employee means an employee who has no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth).
    defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
    dredge means a self-propelled vessel or a non-propelled vessel as defined which is engaged in or in association with dredging or dredging work. Under this definition:

(a) self-propelled vessel means a dredging vessel used specifically for dredging or dredging work which is powered under its own steam;and

(b) non-propelled vessel means a dredging vessel used specifically for dredging or dredging work which is not powered under its own steam and is required to be pushed or pulled into its position of operation.

    dredging industry has the meaning given in clause 4.2.
    employee means national system employee within the meaning of the Act.
    employer means national system employer within the meaning of the Act.
    free passage means:for travel by rail—first class including sleeper berth when so provided;for travel by air—commercial aircraft,economy class.
    fully operational means the period between the time employees go on to 12 hour shifts for the mobilisation of a vessel until the completion of the demobilisation period. Such period includes the preparation on site for operations,dredging operations,running repairs and maintenance carried out during the course of the contract but does not include scheduled breaks in the contract program where the vessel is not required.
    home port means the port at which the employee is originally engaged or the port mutually agreed upon between the employer and the employee concerned.
    launch means a self-propelled vessel engaged in hydro-graphic survey and/or the carriage of passengers or stores between other vessels and shore facilities.
    less remote means a place that does have ready access to goods and services of a major city or town but is not a major port and includes:Albany,Ballina,Bowen,Bunbury,Bundaberg,Busselton,Clarence River,Darwin (East Arm),Eden,Esperance,Geraldton,Gulf Ports,Jervis Bay,Lakes Entrance,Mackay,Maryborough,Mourilyan Harbour,Moruya,Port Stephens,Portland,South Australia,Thevenard,Uranga and Welshpool.
    major port means a major city or town and includes:Adelaide,Brisbane,Botany,Cairns,Fremantle,Geelong,Gladstone,Melbourne,Newcastle,Port Kembla,Sydney,Townsville and Westernport.
    month means a calendar month.
    NES means the National Employment Standards as contained in sections 59 to 131 of the the Act.
    not fully operational means all times when a vessel is laid up and includes periods when a vessel is laid up out of commission,or laid up under repair and maintenance between dredging contracts,or during scheduled breaks in the contract program where the vessel is not required,but does not include essential repairs and maintenance if required at the conclusion of a project.
    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.
    ordinary hourly rate means the minimum hourly rate for an employee’s classification specified in clause 15Minimum rates plus any all-purpose allowance to which an employee is entitled.
    port includes a bay,river and/or area prescribed as being within harbour limits.
    remote means a place that does not have ready access to goods and services of a major city or town and includes:Archer Point,Broome,Cape Cuvier,Carnarvon,Cooktown,Dampier,Hay Point,Port Alma,Port Headland,Weipa,Wyndham and Yampi.
    shiftworker means an employee who works shiftwork in accordance with this award as part of a 2 or 3 shift system.
    shipkeeping means being on board and available for the performance of any duty.
    standard rate means the minimum weekly rate for the classification of Able seaman in clause 15.2.

3. The National Employment Standards and this award

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

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

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

4. Coverage

4.1 This industry award covers employers throughout Australia in the dredging industry and their employees in the classifications listed in clause 15Minimum rates to the exclusion of any other modern award.

4.2 Dredging industry means:

(a) the operation of vessels in dredging or sluicing work generally and including such work in relation to land reclamation,metalliferous and other mining,and oil and gas projects;and

(b) the operation of vessels,barges,self-propelled dredges,tugs or other self-propelled vessels,used in the dredging of ports,harbours,bays,estuaries,rivers and channels requiring travelling to or from a dumping area,or whilst moving from port to port.

4.3 This award does not cover:

(a) employers and their employees who are covered by the following awards:

    (i) the Coal Export Terminals Award 2020;

    (ii) the Marine Towage Award 2020;

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

    (iv) the Port Authorities Award 2020;

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

    (vi) the Seagoing Industry Award 2020;

    (vii) the Stevedoring Industry Award 2020;and

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

4.4 This award covers any employer which supplies labour on an on-hire basis in the dredging industry in respect of on-hire employees in classifications covered by this award,and those on-hire employees,while engaged in the performance of work for a business in that industry. Clause 4.4 operates subject to the exclusions from coverage in this award.

4.5 This award covers employers which provide group training services for trainees engaged in the dredging industry and/or parts of that industry and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described in clauses 4.1 and 4.2 are being performed. Clause 4.5 operates subject to the exclusions from coverage in this award.

4.6 This award does not cover:

(a) employees excluded from award coverage by the Act;

(b) 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;or

(c) 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.

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

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

5. Individual flexibility arrangements

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

(a) arrangements for when work is performed;or

(b) overtime rates;or

(c) penalty rates;or

(d) allowances;or

(e) annual leave loading.

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

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

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

(a) give the employee a written proposal;and

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

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

5.6 An agreement must do all of the following:

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

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

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

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

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

5.7 An agreement must be:

(a) in writing;and

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

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

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

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

5.11 An agreement may be terminated:

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

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

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

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

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

6. Requests for flexible working arrangements

6.1 Employee may request change in working arrangements

    Clause 6 applies where an employee has made a request for a change in working arrangements under section 65 of the Act.
    NOTE 1: Section 65 of the Act provides for certain employees to request a change in their working arrangements because of their circumstances,as set out in section 65(1A). Clause 6 supplements or deals with matters incidental to the NES provisions.
    NOTE 2: An employer may only refuse a section 65 request for a change in working arrangements on ‘reasonable business grounds’(see section 65(5) and (5A)).
    NOTE 2: Clause 6 is an addition to section 65.

6.2 Responding to the request

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

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

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

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

    NOTE 1: The employer must give the employee a written response to an employee’s section 65 request within 21 days,stating whether the employer grants or refuses the request (section 65(4)).
    NOTE 2: If the employer refuses the request,then the written response must include details of the reasons for the refusal (section 65(6)).

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

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

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

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

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

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

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

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

6.5 Dispute resolution

    Disputes about whether the employer has discussed the request with the employee and responded to the request in the way required by clause 6,can be dealt with under clause 29Dispute resolution.

7. Facilitative provisions

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

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

Clause

Provision

Agreement between an employer and:

11.3

Casual employment—payment of wages

An individual

13.2(a)(ii)

Span of hours—vessels fully operational

An individual or the majority of employees

14.3

Breaks—employees on dredging operations

An individual

21.2

Annual leave in advance

An individual

21.3

Cashing out of annual leave

An individual

Part 2—Types of Employment and Classifications

8. Types of employment

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

(a) full-time;

(b) part-time;or

(c) casual.

8.2 At the time of engagement,an employer will inform each employee of the terms of their engagement and,in particular,whether they are to be full-time,part-time or casual employees.

9. Full-time employees

A full-time employee is engaged to work 38 ordinary hours per week,averaged over a period of one year.

10. Part-time employees

10.1 A part-time employee:

(a) is engaged to work ordinary hours which are less than the average number of ordinary hours of a full-time employee;and

(b) receives,on a pro rata basis,equivalent pay and conditions to those of full-time employees who do the same kind of work.

10.2 A part-time employee must be paid the ordinary hourly rate for the relevant classification in clause 15Minimum rates.

10.3 At the time of commencement,the employer must inform the part-time employee in writing of the:

(a) ordinary hours of work and starting and finishing times;or

(b) rostered periods of duty to be worked by the employee.

11. Casual employees

11.1 Casual employee means an employee who is engaged for a period of less than 4 weeks and is notified on the first day of their employment.

11.2 Casual loading

(a) For each ordinary hour worked,a casual employee must be paid:

    (i) the ordinary hourly rate;and

    (ii) a loading of 25% of the ordinary hourly rate,

      for the classification in which they are employed.

(b) The casual loading is paid instead of annual leave,annual leave loading and any other rates and allowances contained in this award except overtime and shift allowances.

11.3 Casual employees must be paid at the termination of each engagement,but may agree to be paid weekly or fortnightly.

11.4 On each occasion a casual employee is required to attend work,the employee is entitled to a minimum payment for 2 hours’work.

11.5 Right to request casual conversion

(a) A person engaged by a particular employer as a regular casual employee may request that their employment be converted to full-time or part-time employment.

(b) A regular casual employee is a casual employee who has in the preceding period of 12 months worked a pattern of hours on an ongoing basis which,without significant adjustment,the employee could continue to perform as a full-time employee or part-time employee under the provisions of this award.

(c) A regular casual employee who has worked equivalent full-time hours over the preceding period of 12 months’casual employment may request to have their employment converted to full-time employment.

(d) A regular casual employee who has worked less than equivalent full-time hours over the preceding period of 12 months’casual employment may request to have their employment converted to part-time employment consistent with the pattern of hours previously worked.

(e) Any request under clause 11.5 must be in writing and provided to the employer.

(f) Where a regular casual employee seeks to convert to full-time or part-time employment,the employer may agree to or refuse the request,but the request may only be refused on reasonable grounds and after there has been consultation with the employee.

(g) Reasonable grounds for refusal include that:

    (i) it would require a significant adjustment to the casual employee’s hours of work in order for the employee to be engaged as a full-time or part-time employee in accordance with the provisions of this award—that is,the casual employee is not truly a regular casual employee as defined in clause 11.5(b);

    (ii) it is known or reasonably foreseeable that the regular casual employee’s position will cease to exist within the next 12 months;

    (iii) it is known or reasonably foreseeable that the hours of work which the regular casual employee is required to perform will be significantly reduced in the next 12 months;or

    (iv) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the employee is available to work.

(h) For any ground of refusal to be reasonable,it must be based on facts which are known or reasonably foreseeable.

(i) Where the employer refuses a regular casual employee’s request to convert,the employer must provide the casual employee with the employer’s reasons for refusal in writing within 21 days of the request being made.

(j) If the employee does not accept the employer’s refusal,this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 29Dispute resolution.

(k) Under that procedure,the employee or the employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level.

(l) Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment as provided for in clause 11.5,the employer and employee must discuss and record in writing:

    (i) the form of employment to which the employee will convert—that is,full-time or part-time employment;and

    (ii) if it is agreed that the employee will become a part-time employee,the matters referred to in clause 10.3.

(m) The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed.

(n) Once a casual employee has converted to full-time or part-time employment,the employee may only revert to casual employment with the written agreement of the employer.

(o) A casual employee must not be engaged and re-engaged (which includes a refusal to re-engage),or have their hours reduced or varied,in order to avoid any right or obligation under clause 11.5.

(p) Nothing in clause 11.5 obliges a regular casual employee to convert to full-time or part-time employment,nor permits an employer to require a regular casual employee to so convert.

(q) Nothing in clause 11.5 requires an employer to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment.

(r) An employer must provide a casual employee,whether a regular casual employee or not,with a copy of the provisions of clause 11.5 within the first 12 months of the employee’s first engagement to perform work. In respect of casual employees already employed as at 1 October 2018,an employer must provide such employees with a copy of the provisions of clause 11.5 by 1 January 2019.

(s) A casual employee’s right to request to convert is not affected if the employer fails to comply with the notice requirements in clause 11.5(r).

12. Classifications

12.1 All employees covered by this award may be engaged in the classifications set out in clause 15Minimum rates.

12.2 Employers must advise their employees in writing of their classification and any changes to their classification.

12.3 The employer must determine the employee’s classification based on the skill level or levels that the employee requires to carry out the principal functions of their employment. The principal functions of employment will be determined by the employer.

Part 3—Hours of Work

13. Ordinary hours of work and rostering

13.1 Clause 13 supplements the NES.

13.2 Span of hours—vessels fully operational

    (a) Day workers

    (i) Hours of duty for day workers will consist of 12 hours per day on each of 7 days per week between 6.00 am and 6.00 pm.

    (ii) The ordinary hours of work are to be worked continuously,except for meal breaks,at the discretion of the employer between 6.00 am and 6.00 pm. The spread of hours (6.00 am to 6.00 pm) may be altered by up to one hour at either end of the spread,by agreement between an employer and the majority of employees concerned or,in appropriate circumstances,between the employer and an individual employee.

    (iii) Any work performed outside the agreed spread of hours must be paid for at overtime rates in accordance with clause 19.1.

    (b) Shiftworkers

    (i) Hours of duty for shiftworkers will consist of one week of day shifts alternating with one week of night shifts.

    (ii) The day shift cycle will comprise 12 hour shifts on each of 7 days per week between 6.00 am and 6.00 pm.

    (iii) The night shift cycle will comprise 12 hour shifts on each of 6 days per week between 6.00 pm and 6.00 am.

    (c) Marine cooks

      Hours of duty for marine cooks will consist of 12 hours per day on each of 7 days per week.

13.3 Span of hours—vessels not fully operational

    Ordinary hours may be worked between 8.00 am and 4.30 pm for up to 8 hours per day,Monday to Friday inclusive,or between 7.00 am and 5.00 pm when not engaged in dredging duties.

14. Breaks

14.1 Except as provided in clauses 14.2(b) and 14.3(d),an employee must not be compelled to work for more than 5 hours without a break for a meal.

14.2 Employees on other than dredging operations

(a) Employees on other than dredging operations must be allowed a meal break of at least 45 minutes between the hours of 11.30 am and 1.30 pm.

(b) If the master/engineer or their representative decides,in an emergency,that the meal break cannot be taken,a meal time of 30 minutes will be allowed later and will be counted as time worked,and payment for a 45 minute meal break will be made at overtime rates.

14.3 Employees on dredging operations

(a) Employees on dredging operations must be allowed a meal break of 30 minutes,which is to be taken within 5 hours from the start of the shift or at a time otherwise agreed.

(b) The meal breaks prescribed in clause 14.3 are to be counted as time worked.

(c) The incidence of meal time will not interrupt the working of the dredge and attendant craft.

(d) Employees must be paid an additional one hour at ordinary time rates:

    (i) if the master/engineer or their representative decides,in an emergency,that the meal break cannot be taken;or

    (ii) where a dredge and attendant craft are in continuous operation and it is impracticable on any shift to allow the meal break.

14.4 Maximum hours

    Employees must not work for more than 18 hours continuously. If an employee works a period of 18 continuous hours they must have 10 hours off (inclusive of 2 meal hours),subject to employees being available to ensure the continuous operation of the vessel. Less than 4 hours off will not constitute a break in the work period of 18 continuous hours.

14.5 Recall

(a) An employee recalled to work overtime otherwise than in a consecutive extension before or after ordinary duty for the day,will be paid a minimum of 4 hours’work at the appropriate rates.

(b) If an employee is called back to work on more than one occasion between ceasing time on one day and starting time the next day,the employee will be paid 200% of the ordinary hourly rate for all time from the commencement of the first call-out to the conclusion of the last call-out.

Part 4—Wages and Allowances

15. Minimum rates

15.1 Employees on a non-propelled dredge

    An employer must pay an employee engaged on a non-propelled dredge the following minimum rate:

Classification

Minimum weekly rate
(full-time employee)

Minimum hourly rate

 

$

$

Chief engineer

982.20

25.85

Chief operator

982.20

25.85

First engineer

962.50

25.33

First operator

962.50

25.33

Drilling technician

936.30

24.64

Engineer

917.70

24.15

Mechanical attendant

917.70

24.15

Crane operator/mechanical

909.50

23.93

Electrician

906.60

23.86

Leading driller

900.30

23.69

Second engineer

880.40

23.17

Second operator

880.40

23.17

Leading hand (reclamation)

880.40

23.17

Driller

856.80

22.55

Third engineer

841.30

22.14

Dredgehand

827.50

21.78

Greaser

827.50

21.78

Assistant driller

827.50

21.78

Crew attendant

827.50

21.78

15.2 Dredge other than a non-propelled dredge—not fully operational

    An employer must pay an employee engaged on a dredge other than a non-propelled dredge that is not fully operational the following minimum rate:

Classification

Minimum weekly rate
(full-time employee)

Minimum hourly rate

 

$

$

Trailer master

1044.10

27.48

Chief engineer

1044.10

27.48

Trailer shift master

1015.10

26.71

Tug master W.H. Reliance or equivalent

1015.10

26.71

First engineer

1015.10

26.71

Electrical engineer Humber River or equivalent

1015.10

26.71

Trailer mate

933.40

24.56

Tug master,tug engineer

933.40

24.56

Second engineer,electrical engineer

933.40

24.56

Pump operator,welder,deckhand/welder,dredgehand/welder

933.40

24.56

Bosun/driller

933.40

24.56

Launch driver

904.50

23.80

Assistant pump operator

886.50

23.33

Driller,deckhand/driller

886.50

23.33

Bosun

886.50

23.33

Chief cook

886.50

23.33

Deckhand,assistant driller

864.90

22.76

Able seaman,deckhand,dredgehand,greaser,firefighter,motorman

864.90

22.76

Crew attendant

864.90

22.76

Second cook

864.90

22.76

15.3 Dredge other than a non-propelled dredge—fully operational

    An employer must pay an employee engaged on a dredge other than a non-propelled dredge that is fully operational the following aggregated rate:

    Classification

    Day workers

    Shiftworkers

    Weekly aggregated rate
    (full-time employee)

    Hourly aggregated rate

    Weekly aggregated rate
    (full-time employee)

    Hourly aggregated rate

     

    $

    $

    $

    $

    Trailer master

    2339.30

    27.85

    2310.40

    29.62

    Chief engineer

    2339.30

    27.85

    2310.40

    29.62

    Trailer shift master

    2275.80

    27.09

    2247.80

    28.82

    Tug master W.H. Reliance or equivalent

    2275.80

    27.09

    2247.80

    28.82

    First engineer

    2275.80

    27.09

    2247.80

    28.82

    Electrical engineer Humber River or equivalent

    2275.80

    27.09

    2247.80

    28.82

    Trailer mate

    2097.20

    24.97

    2071.40

    26.56

    Tug master,tug engineer

    2097.20

    24.97

    2071.40

    26.56

    Second engineer,electrical engineer

    2097.20

    24.97

    2071.40

    26.56

    Pump operator,welder,deckhand/welder,dredgehand/welder

    2097.20

    24.97

    2071.40

    26.56

    Bosun/driller

    2097.20

    24.97

    2071.40

    26.56

    Launch driver

    2034.00

    24.21

    2009.00

    25.76

    Assistant pump operator

    1994.60

    23.75

    1970.10

    25.26

    Driller,deckhand/driller

    1994.60

    23.75

    1970.10

    25.26

    Bosun

    1994.60

    23.75

    1970.10

    25.26

    Chief cook

    1994.60

    23.75

    1970.10

    25.26

    Deckhand,assistant driller

    1947.40

    23.18

    1923.50

    24.66

    Able seaman,deckhand,dredgehand,greaser,firefighter,motorman

    1947.40

    23.18

    1923.50

    24.66

    Crew attendant

    1947.40

    23.18

    1923.50

    24.66

    Second cook

    1947.40

    23.18

    1923.50

    24.66

15.4 Higher duties

(a) An employee engaged to perform any duties of a position at a higher classification level for more than 2 hours during any one day will be paid the rate applicable to that higher level for all work done on that day.

(b) An employee engaged to perform any duties of a position at a higher classification level for 2 hours or less during one day will be paid the higher rate for the actual time worked at that higher level.

15.5 National training wage

(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.

(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2019. Provided that any reference to “this award”in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Dredging Industry Award 2020 and not the Miscellaneous Award 2020.

16. Payment of wages

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

16.1 Wages are to be paid weekly or fortnightly. Wages may be paid by cash or electronic funds transfer (EFT).

16.2 Payment on termination of employment

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

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

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

(b) The requirement to pay wages and other amounts under clause 16.2(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

    NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid”to the employee payment instead of giving notice.
    NOTE 2: Clause 16.2(b) allows the Commission to make an order delaying the requirement to make a payment under clause 16.2. For example,the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.
    NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act,may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.

17. Allowances

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

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

17.2 Wage-related allowances

    (a) All-purpose allowances

      Allowances paid for all purposes are included in the rate of pay of an employee who is entitled to the allowance,when calculating any penalties or loadings or payment while they are on annual leave. The following allowance is paid for all purposes under this award:

    (i) dual certificate allowance (clause 17.2(b)).

    (b) Dual certificate allowance

    (i) A payment of $31.40 per week will be made to an employee working on a vessel that is not fully operational who acts in a dual capacity of master and engineer. The rate is payable for all purposes of this award.

    (ii) A payment of $66.77 per week will be made to an employee working on a fully operational vessel who acts in a dual capacity of master and engineer. The rate is payable for all purposes of this award.

    (c) Special rates—confined areas

      An employee will be paid $1.38 per hour in addition to any other ordinary or overtime rate payable under this award for time occupied working:

    (i) inside boilers or furnaces;

    (ii) inside the casing of internal combustion engines;

    (iii) inside oil tanks in motor vessels;

    (iv) in bilges (including rose boxes) and coffer dams;

    (v) inside impeller pump casings and dredging pipes;or

    (vi) under engine room or pump room deck plates.

    (d) Hard-lying allowance

      A hard-lying allowance of $26.64 per week will be paid to employees required to live aboard a vessel and share a cabin with another employee. The allowance is not subject to any penalties or premium prescribed by this award.

    (e) Shipkeeping

    (i) A master,mate or engineer shipkeeping in any port for all or part of the hours between 5.00 pm and 7.00 am will be entitled to an extra 12 hours’pay at ordinary rates.

    (ii) When the vessel is not fully operational the employee is to be paid a special allowance per week of:

     

    $ per week

    Remote areas

    253.93

    Less remote areas

    168.91

    Major ports

    111.92

    (iii) When the vessel is fully operational the employee is to be paid a special allowance per week of:

     

    $ per week

    Remote areas

    142.02

    Less remote areas

    56.82

    (iv) The allowances in clauses 17.2(e)(ii) and 17.2(e)(iii) will not be taken into account in calculating the wage rate for shiftwork,overtime,annual leave or redundancy pay.

    (v) In clauses 17.2(e)(ii) and 17.2(e)(iii) the areas and ports are defined as follows:

        •less remote means a place that does have ready access to goods and services of a major city or town but is not a major port and includes:Mourilyan Harbour,Bowen,Mackay,Bundaberg,Urangan,Maryborough,Ballina,Clarence River,Port Stephens,Jervis Bay,Moruya,Eden,Lakes Entrance,Welshpool,Portland,Gulf Ports,South Australia,Thevenard,Esperance,Albany,Geraldton,Busselton,Bunbury and Darwin (East Arm).
        •major port means a major city or town and includes:Brisbane,Newcastle,Sydney,Botany,Port Kembla,Melbourne,Geelong,Westernport,Adelaide,Fremantle,Cairns,Townsville and Gladstone.
        •remote means a place that does not have ready access to goods and services of a major city or town and includes:Weipa,Archer Point,Cooktown,Port Alma,Carnarvon,Cape Cuvier,Dampier,Port Headland,Broome,Yampi,Wyndham and Hay Point.

    (f) Radar observer’s allowance

    (i) An allowance of $31.40 per week will be paid to masters and mates who are holders of a valid Radar Observer’s Certificate when working on a vessel equipped with radar.

    (ii) This allowance will not be taken into account in calculating the wage rate for shiftwork,overtime,annual leave or redundancy pay.

    (g) Firefighting allowance

    (i) An allowance of $31.40 per week is to be paid to engineers who hold a valid firefighting certificate or provide proof of their attendance at an authorised firefighting course for marine personnel.

    (ii) This allowance will not be taken into account in calculating the wage rate for shiftwork,overtime,annual leave or redundancy pay.

    (h) Additional allowances—cooks

    (i) An additional payment of $62.19 per week is to be payable to a chief cook whose duties include the ordering of stores and the issue of linen.

    (ii) If a second cook is required to perform cleaning duties outside of the galley and storerooms,that employee will be paid an allowance of $44.37 per week in addition to the rates fixed for ordinary work.

    (iii) These rates will not be taken into account in calculating the wage rate for shiftwork,overtime,annual leave or redundancy pay.

    (i) Protective clothing

    (i) Marine cooks will be reimbursed by the employer for the reasonable cost of providing gloves and freezer suit for working in freezers.

    (ii) This provision will not apply where the employer supplies the protective clothing.

    (j) Vessels proceeding from port to port

    (i) Employees on vessels proceeding from one port (or its equivalent) to another port (or its equivalent) are to be paid:

        •the rate prescribed in clause 15Minimum rates;
        •the remote areas allowance prescribed in clause 17.2(e)(iii);and
        •an allowance of $122.56 per day or part of a day.

    (ii) The provisions of sections 68 to 71 of the Navigation Act 2012 (Cth) apply in respect of all employees whether in fact or in law the Act of its own force applies to them.

    (iii) Except where it is provided,the employer will reimburse an employee for a personal accident policy for death risk,loss of limbs and corresponding benefits to the value of $165,980. This amount is payable in addition to the amounts payable under the Seafarers Rehabilitation and Compensation Act 1992 (Cth).

    (iv) Employees who are not offered employment immediately after the vessel’s arrival at its destination will be repatriated to their home port.

    (v) Articles of Agreement as required by the Navigation Act 2012 (Cth) will be opened for the voyage.

17.3 Expense-related allowances

    (a) Meals—overtime

    (i) An employee required to work overtime for more than one and a half hours after their ordinary finishing time will be supplied with a meal by the employer or be paid $50.51 per occasion.

    (ii) If,owing to the amount of overtime worked,a second or subsequent meal is required,the employee will be supplied with such meal by the employer or be paid $50.51 for each meal required.

    (b) Protective and industrial clothing

    (i) Employees will be paid an allowance of $24.50 per week and will provide themselves with adequate industrial clothing including footwear,shirts,singlets,overalls and shorts.

    (ii) Where conditions require,employees will also provide necessary protective clothing and equipment including oilskins,sea boots,goggles,gloves and waterproof coat.

    (iii) The reasonable cost of protective clothing and equipment in clause 17.3(b)(ii) will be reimbursed by the employer.

    (iv) Clause 17.3(b)(iii) does not apply where the employer supplies the protective clothing and equipment.

    (v) The protective clothing described in clause 17.3(b)(iv) will at all times remain the property of the employer and will be returned by the employee to the employer at the completion of the employee’s service.

    (vi) The allowance prescribed by clause 17.3(b) is not payable during leave periods.

    (c) Victualling and accommodation allowances

    (i) If required by the employer,an employee must live aboard a vessel and the employer will accommodate and keep the employee without cost to the employee.

    (ii) Where the employer provides victualling and accommodation the allowances prescribed in clauses 17.3(d) and 17.3(e) will not be paid.

    (d) Accommodation allowance

    (i) At the time of engagement of the employee,agreement is to be reached between the employer and the employee as to the employee’s home port.

    (ii) An employee will be paid $442.22 per week instead of accommodation if required by the employer to live away from the agreed home port.

    (iii) Where it is not practicable for the weekly rate prescribed in clause 17.3(d)(ii) to be paid,the employee will be paid at the rate of $166.16 per night instead of accommodation. This rate will continue to be paid until the employer notifies the employee that thereafter the employee will be paid at the weekly rate of $442.22 per week.

    (iv) Where,following a request by any employee,the employer arranges to provide comfortable accommodation at the employer’s expense,and the employee(s) use the accommodation for the duration of the contract,the employee(s) will not be entitled to the accommodation allowance in clauses 17.3(d)(ii) and 17.3(d)(iii).

    (e) Victualling allowance

    (i) Where victualling is not provided by an employer,an employee is to be paid an amount of $442.22 per week instead of victualling.

    (ii) Where it is not practicable for the weekly rate prescribed in clause 17.3(e)(i) to be paid,the employee is to be paid the following amounts per day:

     

    $ per meal

    Breakfast

    26.05

    Lunch

    32.56

    Dinner

    50.51

    (iii) These rates will continue to be paid until the employer notifies the employee that thereafter the employee will be paid at the weekly rate of $442.22 per week instead of victualling.

    (iv) The allowances prescribed by clause 17.3(e) are not payable during leave periods.

    (f) Travelling—local

    (i) When a vessel is so remote from shore that some means of conveyance is necessary to enable an employee to pass between the vessel and shore before starting or after finishing work,the employee will be paid for the time occupied in travelling and waiting. This time includes all time spent travelling between the vessel and shore,and time spent waiting for work to start and spent after finishing time waiting for conveyance back to shore. Payment will be at ordinary rates with a minimum payment for 30 minutes and will not count as part of the daily working time.

    (ii) When an employee,who in the ordinary course of their employment begins work for the day at a particular place but,is required to finish work at a place other than that particular place,the employee will be paid any reasonable travelling expense incurred in returning home in excess of their ordinary travelling expenses. The employee will also be paid at ordinary rates of pay for any travelling time beyond their ordinary travelling time.

    (iii) An employee will be paid $14.43 per day for excess fares incurred on any day upon which the employee is directed to work.

    (iv) The provisions of clause 17.3(f) will not apply to employees who are required by the employer to live aboard a vessel.

    (g) Travelling—other than local

    (i) An employee proceeding from the place of engagement to and from a port at which the dredge is working must be provided by the employer with a free passage,provided that:

        •if the employee terminates their employment,or employment is terminated by the employer for misconduct within 6 weeks from the start of the employment or the period of the work cycle whichever occurs first,the cost of the free passage will be deducted from any payments due to the employee;and
        •the employer will not be obligated to provide return passage for the employee in such circumstances.

    (ii) The provisions of clause 17.3(g)(i) will likewise apply to an employee who returns to their place of employment following an absence on account of accumulated and/or annual leave.

    (iii) The time spent in travelling between the place of engagement and the place at which the dredge is working and the agreed home port of the employee is to be paid for at the ordinary rate for the time so occupied,with a maximum payment of 8 hours in any 24 hours.

    (iv) The employee is entitled to reimbursement of taxi fares reasonably incurred up to a maximum of $140.88,subject to the production of receipts,for travel between the transport terminal at the employee’s home port and their home on each of the forward and return journeys. Where an employee’s residence is in other than their home port,the payment will be limited to the journey between the home port transport terminal and any other public transport terminal necessary for further travel to their place of residence.

18. Superannuation

18.1 Superannuation contributions for defined benefit members

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

Part 5—Overtime and Penalty Rates

19. Overtime

19.1 Overtime

    Employees will be entitled to be paid 200% of the ordinary hourly rate of pay for any time worked outside of ordinary hours on a Monday to Sunday,except for public holidays.

20. Penalty rates

20.1 Public holidays

    An employee will be paid 250% of the ordinary hourly rate of pay for any hours,ordinary and overtime,worked on a public holiday with a minimum payment for 4 hours’work.

20.2 Shiftwork loading

(a) A shiftwork loading of 30% of the ordinary hourly rate is payable to an employee working shiftwork and which shift commences at or after 6.00 pm on any Monday to Friday inclusive.

(b) If a 3 shift per day system is worked,an additional shiftwork loading of 15% of the ordinary hourly rate is payable in respect of the afternoon and night shifts.

Part 6—Leave and Public Holidays

21. Annual leave

21.1 Annual leave is provided for in the NES.

21.2 Annual leave in advance

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

(b) An agreement must:

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

(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 the 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 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 D—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule D—Agreement to Cash Out Annual Leave.

21.4 Excessive leave accruals:general provision

    NOTE: Clauses 21.4 to 21.6 contain provisions,additional to the NES,about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2,Division 6 of the Act.

(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’paid annual leave.

(b) If an employee has an excessive leave accrual,the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.

(c) Clause 21.5 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d) Clause 21.6 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

21.5 Excessive leave accruals:direction by employer that leave be taken

(a) If an employer has genuinely tried to reach agreement with an employee under clause 21.4(b) but agreement is not reached (including because the employee refuses to confer),the employer may direct the employee in writing to take one or more periods of paid annual leave.

(b) However,a direction by the employer under clause 21.5(a):

    (i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 21.4,21.5 or 21.6 or otherwise agreed by the employer and employee) are taken into account;and

    (ii) must not require the employee to take any period of paid annual leave of less than one week;and

    (iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks,or more than 12 months,after the direction is given;and

    (iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.

(c) The employee must take paid annual leave in accordance with a direction under clause 21.5(a) that is in effect.

(d) An employee to whom a direction has been given under clause 21.5(a) may request to take a period of paid annual leave as if the direction had not been given.

NOTE 1: Paid annual leave arising from a request mentioned in clause 21.5(d) may result in the direction ceasing to have effect. See clause 21.5(b)(i).

NOTE 2: Under section 88(2) of the Act,the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

21.6 Excessive leave accruals:request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 21.4(b) but agreement is not reached (including because the employer refuses to confer),the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

(b) However,an employee may only give a notice to the employer under clause 21.6(a) if:

    (i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice;and

    (ii) the employee has not been given a direction under clause 21.5(a) that,when any other paid annual leave arrangements (whether made under clause 21.4,21.5 or 21.6 or otherwise agreed by the employer and employee) are taken into account,would eliminate the employee’s excessive leave accrual.

(c) A notice given by an employee under clause 21.6(a) must not:

    (i) if granted,result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 21.4,21.5 or 21.6 or otherwise agreed by the employer and employee) are taken into account;or

    (ii) provide for the employee to take any period of paid annual leave of less than one week;or

    (iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks,or more than 12 months,after the notice is given;or

    (iv) be inconsistent with any leave arrangement agreed by the employer and employee.

(d) An employee is not entitled to request by a notice under clause 21.6(a) more than 4 weeks’paid annual leave in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under clause 21.6(a).

22. Personal/carer’s leave and compassionate leave

Personal/carer’s leave and compassionate leave are provided for in the NES.

23. Parental leave and related entitlements

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

24. Community service leave

Community service leave is provided for in the NES.

25. Unpaid family and domestic violence leave

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

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

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

26. Public holidays

26.1 Public holiday entitlements are provided for in the NES.

26.2 Payment for work on a public holiday

(a) An employee will be paid at the rate of 250% of their ordinary hourly rate,with a minimum payment of 4 hours when required to work on a public holiday.

(b) Where a 12 hour shift or period of duty is commenced on a public holiday the payment of 250% will be discharged by the actual payment of the first 8 hours at ordinary time and the remaining hours at 200% of the ordinary hourly rate plus the accumulation of 0.35 of a week’s leave.

26.3 Part-day public holidays

Part 7—Consultation and Dispute Resolution

27. Consultation about major workplace change

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

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

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

    (i) the introduction of the changes;and

    (ii) their likely effect on employees;and

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

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

27.2 For the purposes of the discussion under clause 27.1(b),the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

(a) their nature;and

(b) their expected effect on employees;and

(c) any other matters likely to affect employees.

27.3 Clause 27.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

27.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 27.1(b).

27.5 In clause 27 significant effects,on employees,includes any of the following:

(a) termination of employment;or

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

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

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

(e) alteration of hours of work;or

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

(g) job restructuring.

27.6 Where this award makes provision for alteration of any of the matters defined at clause 27.5,such alteration is taken not to have significant effect.

28. Consultation about changes to rosters or hours of work

28.1 Clause 28 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee,other than an employee whose working hours are irregular,sporadic or unpredictable.

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

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

(a) provide to the employees and representatives mentioned in clause 28.2 information about the proposed change (for example,information about the nature of the change and when it is to begin);and

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

28.4 The employer must consider any views given under clause 28.3(b).

28.5 Clause 28 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

29. Dispute resolution

29.1 Clause 29 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

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

29.3 If the dispute is not resolved through discussion as mentioned in clause 29.2,the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management,as appropriate.

29.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 29.2 and 29.3,a party to the dispute may refer it to the Fair Work Commission.

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

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

29.7 A party to the dispute may appoint a person,organisation or association to support and/or represent them in any discussion or process under clause 29.

29.8 While procedures are being followed under clause 29 in relation to a dispute:

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

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

29.9 Clause 29.8 is subject to any applicable work health and safety legislation.

Part 8—Termination of Employment and Redundancy

30. Termination of employment

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

30.1 Notice of termination by an employee

(a) Clause 30.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

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

      Table 1—Period of notice

    Column 1
    Employee’s period of continuous service with the employer at the end of the day the notice is given

    Column 2
    Period of notice

    Not more than 1 year

    1 week

    More than 1 year but not more than 3 years

    2 weeks

    More than 3 years but not more than 5 years

    3 weeks

    More than 5 years

    4 weeks

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

(c) In clause 30.1(b) continuous service has the same meaning as in section 117 of the Act.

(d) If an employee who is at least 18 years old does not give the period of notice required under clause 30.1(b),then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

(e) If the employer has agreed to a shorter period of notice than that required under clause 30.1(b),then no deduction can be made under clause 30.1(d).

(f) Any deduction made under clause 30.1(d) must not be unreasonable in the circumstances.

30.2 Job search entitlement

(a) Where an employer has given notice of termination to an employee,the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.

(b) The time off under clause 30.2 is to be taken at times that are convenient to the employee after consultation with the employer.

30.3 Return to place of engagement

    If the employment of any employee is terminated by the employer elsewhere than at the place of engagement,for any reason other than misconduct,the employer will be responsible for conveying the employee to the place of engagement.

31. Redundancy

31.1 The redundancy arrangements in this award are an industry-specific redundancy scheme and,as such,Subdivision B of Division 11 of the NES does not apply.

31.2 Clause 31 applies to employees other than casual employees who remain in employment until the completion of a dredging contract unless transferred by the employer.

31.3 At the completion of each contract an employee becomes entitled to a period of redundancy pay. Such payment is to be calculated on the employee’s service during the period of dredging work on a contract.

31.4 Payment is to be made only on the termination of employment.

31.5 The payment is to be at the rate of 3 weeks’pay for each year of continuous service or pro rata calculated on completed months of service. Such payment is to be paid at the relevant rate prescribed in clause 15Minimum rates.

31.6

Schedule A—Summary of Hourly Rates of Pay
A.1.1 Ordinary hourly rate is the minimum hourly rate of pay for an employee plus any allowance payable for all purposes to which the employee is entitled. Where an allowance is payable for all purposes in accordance with clause 17.2(a),this forms part of the employee’s ordinary hourly rate and must be added to the minimum hourly rate prior to calculating penalties and overtime.
A.1.2 The rates in the tables below are based on the minimum hourly rates in accordance with clause 15Minimum rates. Consistent with clause A.1.1,all-purpose allowances need to be added to the rates in the table where they are applicable.
A.2 Full-time and part-time employees
A.2.1 Full-time and part-time employees engaged on a non-propelled dredge—ordinary and penalty rates

 

Ordinary hours

Night shift1

Afternoon or night shift2

Public holidays

% ordinary hourly rate3

130%

115%

250%

 

$

$

$

$

Chief engineer

25.85

33.61

29.73

64.63

Chief operator

25.85

33.61

29.73

64.63

First engineer

25.33

32.93

29.13

63.33

First operator

25.33

32.93

29.13

63.33

Drilling technician

24.64

32.03

28.34

61.60

Engineer

24.15

31.40

27.77

60.38

Mechanical attendant

24.15

31.40

27.77

60.38

Crane operator/mechanical

23.93

31.11

27.52

59.83

Electrician

23.86

31.02

27.44

59.65

Leading driller

23.69

30.80

27.24

59.23

Second engineer

23.17

30.12

26.65

57.93

Second operator

23.17

30.12

26.65

57.93

Leading hand (reclamation)

23.17

30.12

26.65

57.93

Driller

22.55

29.32

25.93

56.38

Third engineer

22.14

28.78

25.46

55.35

Dredgehand

21.78

28.31

25.05

54.45

Greaser

21.78

28.31

25.05

54.45

Assistant driller

21.78

28.31

25.05

54.45

Crew attendant

21.78

28.31

25.05

54.45

1 Night shift is a shift that commences at or after 6.00 pm Monday to Friday inclusive.

2 Afternoon or night shift rate applies if a 3 shift per day system is worked.

3 Rates in table are calculated based on the minimum hourly rate,see clauses A.1.1 and A.1.2.

A.2.2 Full-time and part-time employees engaged on a non-propelled dredge—overtime rates

 

Monday to Sunday

Public holidays

 

% ordinary hourly rate1

 

200%

250%

 

$

$

Chief engineer

51.70

64.63

Chief operator

51.70

64.63

First engineer

50.66

63.33

First operator

50.66

63.33

Drilling technician

49.28

61.60

Engineer

48.30

60.38

Mechanical attendant

48.30

60.38

Crane operator/mechanical

47.86

59.83

Electrician

47.72

59.65

Leading driller

47.38

59.23

Second engineer

46.34

57.93

Second operator

46.34

57.93

Leading hand (reclamation)

46.34

57.93

Driller

45.10

56.38

Third engineer

44.28

55.35

Dredgehand

43.56

54.45

Greaser

43.56

54.45

Assistant driller

43.56

54.45

Crew attendant

43.56

54.45

    1 Rates in table are calculated based on the minimum hourly rate,see clauses A.1.1 and A.1.2.

A.2.3 Full-time and part-time employees engaged on a dredge other than a non-propelled dredge that is not fully operational—ordinary and penalty rates

 

Ordinary hours

Night shift1

Afternoon or night shift2

Public holidays

 

% ordinary hourly rate3

  

130%

115%

250%

 

$

$

$

$

Trailer Master

27.48

35.72

31.60

68.70

Chief Engineer

27.48

35.72

31.60

68.70

Trailer Shift Master

26.71

34.72

30.72

66.78

Tug Master W.H. Reliance or equivalent

26.71

34.72

30.72

66.78

First Engineer

26.71

34.72

30.72

66.78

Electrical Engineer Humber River or equivalent

26.71

34.72

30.72

66.78

Trailer Mate

24.56

31.93

28.24

61.40

Tug Master,Tug Engineer

24.56

31.93

28.24

61.40

Second Engineer,Electrical Engineer

24.56

31.93

28.24

61.40

Pump Operator,Welder,Deckhand/Welder,Dredgehand/Welder

24.56

31.93

28.24

61.40

Bosun/Driller

24.56

31.93

28.24

61.40

Launch Driver

23.80

30.94

27.37

59.50

Assistant Pump Operator

23.33

30.33

26.83

58.33

Driller,Deckhand/Driller

23.33

30.33

26.83

58.33

Bosun

23.33

30.33

26.83

58.33

Chief Cook

23.33

30.33

26.83

58.33

Deckhand,Assistant Driller

22.76

29.59

26.17

56.90

Able Seaman,Deckhand,Dredgehand,Greaser,Firefighter,Motorman

22.76

29.59

26.17

56.90

Crew Attendant

22.76

29.59

26.17

56.90

Second Cook

22.76

29.59

26.17

56.90

1 Night shift is a shift that commences at or after 6.00 pm Monday to Friday inclusive.

2 Afternoon or night shift rate applies if a 3 shift per day system is worked.

3 Rates in table are calculated based on the minimum hourly rate,see clauses A.1.1 and A.1.2.

A.2.4 Full-time and part-time employees engaged on a dredge other than a non-propelled dredge that is not fully operational—overtime rates

 

Monday to Sunday

Public holidays

% ordinary hourly rate1

200%

250%

 

$

$

Trailer Master

54.96

68.70

Chief Engineer

54.96

68.70

Trailer Shift Master

53.42

66.78

Tug Master W.H. Reliance or equivalent

53.42

66.78

First Engineer

53.42

66.78

Electrical Engineer Humber River or equivalent

53.42

66.78

Trailer Mate

49.12

61.40

Tug Master,Tug Engineer

49.12

61.40

Second Engineer,Electrical Engineer

49.12

61.40

Pump Operator,Welder,Deckhand/Welder,Dredgehand/Welder

49.12

61.40

Bosun/Driller

49.12

61.40

Launch Driver

47.60

59.50

Assistant Pump Operator

46.66

58.33

Driller,Deckhand/Driller

46.66

58.33

Bosun

46.66

58.33

Chief Cook

46.66

58.33

Deckhand,Assistant Driller

45.52

56.90

Able Seaman,Deckhand,Dredgehand,Greaser,Firefighter,Motorman

45.52

56.90

Crew Attendant

45.52

56.90

Second Cook

45.52

56.90

1 Rates in table are calculated based on the minimum hourly rate,see clauses A.1.1 and A.1.2.

A.3 Casual employees
A.3.1 Casual employees on a non-propelled dredge—ordinary rates

 

Ordinary hours

125% ordinary hourly rate

 

$

Chief engineer

32.31

Chief operator

32.31

First engineer

31.66

First operator

31.66

Drilling technician

30.80

Engineer

30.19

Mechanical attendant

30.19

Crane operator/mechanical

29.91

Electrician

29.83

Leading driller

29.61

Second engineer

28.96

Second operator

28.96

Leading hand (reclamation)

28.96

Driller

28.19

Third engineer

27.68

Dredgehand

27.23

Greaser

27.23

Assistant driller

27.23

Crew attendant

27.23

A.3.2 Casual employees engaged on a dredge other than a non-propelled dredge that is not fully operational—ordinary rates

 

Ordinary hours

125% ordinary hourly rate

 

$

Trailer Master

34.35

Chief Engineer

34.35

Trailer Shift Master

33.39

Tug Master W.H. Reliance or equivalent

33.39

First Engineer

33.39

Electrical Engineer Humber River or equivalent

33.39

Trailer Mate

30.70

Tug Master,Tug Engineer

30.70

Second Engineer,Electrical Engineer

30.70

Pump Operator,Welder,Deckhand/Welder,Dredgehand/Welder

30.70

Bosun/Driller

30.70

Launch Driver

29.75

Assistant Pump Operator

29.16

Driller,Deckhand/Driller

29.16

Bosun

29.16

Chief Cook

29.16

Deckhand,Assistant Driller

28.45

Able Seaman,Deckhand,Dredgehand,Greaser,Firefighter,Motorman

28.45

Crew Attendant

28.45

Second Cook

28.45

A.3.3 Casual dayworkers engaged on a dredge other than a non-propelled dredge that is fully operational—ordinary hours

 

Ordinary hours

125% aggregated hourly rate

 

$

Trailer Master

34.81

Chief Engineer

34.81

Trailer Shift Master

33.86

Tug Master W.H. Reliance or equivalent

33.86

First Engineer

33.86

Electrical Engineer Humber River or equivalent

33.86

Trailer Mate

31.21

Tug Master,Tug Engineer

31.21

Second Engineer,Electrical Engineer

31.21

Pump Operator,Welder,Deckhand/Welder,Dredgehand/Welder

31.21

Bosun/Driller

31.21

Launch Driver

30.26

Assistant Pump Operator

29.69

Driller,Deckhand/Driller

29.69

Bosun

29.69

Chief Cook

29.69

Deckhand,Assistant Driller

28.98

Able Seaman,Deckhand,Dredgehand,Greaser,Firefighter,Motorman

28.98

Crew Attendant

28.98

Second Cook

28.98

A.3.4 Casual shiftworkers engaged on a dredge other than a non-propelled dredge that is fully operational—ordinary hours

 

Ordinary hours

125% aggregated hourly rate

 

$

Trailer master

37.03

Chief engineer

37.03

Trailer Shift Master

36.03

Tug Master W.H. Reliance or equivalent

36.03

First Engineer

36.03

Electrical Engineer Humber River or equivalent

36.03

Trailer Mate

33.20

Tug Master,Tug Engineer

33.20

Second Engineer,Electrical Engineer

33.20

Pump Operator,Welder,Deckhand/Welder,Dredgehand/Welder

33.20

Bosun/Driller

33.20

Launch Driver

32.20

Assistant Pump Operator

31.58

Driller,Deckhand/Driller

31.58

Bosun

31.58

Chief Cook

31.58

Deckhand,Assistant Driller

30.83

Able Seaman,Deckhand,Dredgehand,Greaser,Firefighter,Motorman

30.83

Crew Attendant

30.83

Second Cook

30.83

   

Schedule B—Summary of Monetary Allowances

See clause 17Allowances for full details of allowances payable under this award.

B.1 Wage-related allowances
B.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2Definitions as the minimum weekly rate for the classification of Able Seaman in clause 15.2= $864.90.

Allowance

Clause

% of standard rate

$

Payable

Dual certificate allowance—vessel—not fully operational1

17.2(b)(i)

3.63

31.40

per week

Dual certificate allowance—fully operational vessel1

17.2(b)(ii)

7.72

66.77

per week

Confined areas allowance1

17.2(c)

0.16

1.38

per hour

Hard-lying allowance1

17.2(d)

3.08

26.64

per week

Shipkeeping allowance—when vessel is not fully operational—remote areas

17.2(e)(ii)

29.36

253.93

per week

Shipkeeping allowance—when vessel is not fully operational—less remote areas

17.2(e)(ii)

19.53

168.91

per week

Shipkeeping allowance—when vessel is not fully operational—major ports

17.2(e)(ii)

12.94

111.92

per week

Shipkeeping allowance—when vessel is fully operational—remote areas

17.2(e)(iii)

16.42

142.02

per week

Shipkeeping allowance—when vessel is fully operational—less remote areas

17.2(e)(iii)

6.57

56.82

per week

Radar observer’s allowance

17.2(f)(i)

3.63

31.40

per week

Firefighting certificate allowance

17.2(g)(i)

3.63

31.40

per week

Additional allowance—chief cook who orders stores and issues linen

17.2(h)(i)

7.19

62.19

per week

Additional allowance—second cook performing cleaning duties outside galley and storerooms

17.2(h)(ii)

5.13

44.37

per week

Vessels proceeding from port to port allowance

17.2(j)(i)

14.17

122.56

per day or part thereof

1 This allowance applies for all purposes.

B.1.2 Adjustment of wage-related allowances

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

B.2 Expense-related allowances
B.2.1 The following expense-related allowances will be payable to employees in accordance with clauses 17.2(j)(iii) and 17.3:

    Allowance

    Clause

    $

    Payable

    Vessels proceeding from port to port—personal accident policy1

    17.2(j)(iii)

    165,980

    to the value of

    Meal allowance—more than 1.5 hours’overtime

    17.3(a)(i)

    50.51

    per occasion

    Meal allowance—more than 1.5 hours’overtime—second/subsequent meal

    17.3(a)(ii)

    50.51

    per occasion

    Protective and industrial clothing allowance

    17.3(b)

    24.50

    per week

    Accommodation allowance—living away from agreed home port—per week OR

    17.3(d)(ii)

    442.22

    per week

    Accommodation allowance—living away from agreed home port—per night

    17.3(d)(iii)

    166.16

    per night

    Victualling allowance OR

    17.3(e)(i)

    442.22

    per week

    Victualling allowance—breakfast

    17.3(e)(ii)

    26.05

    per day

    Victualling allowance—lunch

    17.3(e)(ii)

    32.56

    per day

    Victualling allowance—dinner

    17.3(e)(ii)

    50.51

    per day

    Travelling—local—excess fares

    17.3(f)(iii)

    14.43

    per day

    Travelling—other than local—reimbursement of taxi fares—up to a maximum

    17.3(g)(iv)

    140.88

    each way per journey

    1 Clause 17.2(j) contains both wage and expense-related allowances. This allowance is an expense-related allowance.

B.2.2 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

    Protective and industrial clothing

    Clothing and footwear group

    Meal allowance

    Take away and fast foods sub-group

    Victualling and accommodation allowance

    Domestic holiday travel and accommodation sub-group

    Personal accident policy

    All groups

    Fares

    Urban transport fares sub-group

   

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

Name of employee:_____________________________________________

Name of employer:_____________________________________________

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

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

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

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

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

I agree that:

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

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

   

Schedule D—Agreement to Cash Out Annual Leave
Link to PDF copy of Agreement to Cash Out Annual Leave.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

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

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

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

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

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

   

Schedule E—Part-day Public Holidays
E.1 This schedule operates in conjunction with award provisions dealing with public holidays.
E.2 Where a part-day public holiday is declared or prescribed between 6.00 pm and midnight,or 7.00 pm and midnight on Christmas Eve (24 December in each year) or New Year’s Eve (31 December in each year) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:

    (a) All employees will have the right to refuse to work on the part-day public holiday if the request to work is not reasonable or the refusal is reasonable as provided for in the NES.
    (b) Where a part-time or full-time employee is usually rostered to work ordinary hours on the declared or prescribed part-day public holiday but as a result of exercising their right under the NES does not work,they will be paid their ordinary rate of pay for such hours not worked.
    (c) Where a part-time or full-time employee is usually rostered to work ordinary hours on the declared or prescribed part-day public holiday but as a result of being on annual leave does not work,they will be taken not to be on annual leave during the hours of the declared or prescribed part-day public holiday that they would have usually been rostered to work and will be paid their ordinary rate of pay for such hours.
    (d) Where a part-time or full-time employee is usually rostered to work ordinary hours on the declared or prescribed part-day public holiday,but as a result of having a rostered day off (RDO) provided under this award,does not work,the employee will be taken to be on a public holiday for such hours and paid their ordinary rate of pay for those hours.
    (e) Excluding annualised salaried employees to whom clause E.2(f) applies,where an employee works any hours on the declared or prescribed part-day public holiday they will be entitled to the appropriate public holiday penalty rate (if any) in this award for those hours worked.
    (f) Where an employee is paid an annualised salary under the provisions of this award and is entitled under this award to time off in lieu or additional annual leave for work on a public holiday,they will be entitled to time off in lieu or pro-rata annual leave equivalent to the time worked on the declared or prescribed part-day public holiday.
    (g) An employee not rostered to work on the declared or prescribed part-day public holiday,other than an employee who has exercised their right in accordance with clause E.2(a),will not be entitled to another day off,another day’s pay or another day of annual leave as a result of the part-day public holiday.
    (h) Nothing in this schedule affects the right of an employee and employer to agree to substitute public holidays.

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

About this document
(1)
Code:
PR718527
Title:
PR718527 - Variation - 30 Apr 2020
Effective:
30 Apr 2020
Updated:
3 May 2020
Related Information
1.0.11.0 SC