Hydrocarbons Field Geologists Award 2010

Hydrocarbons Field Geologists Award 2010

 

The above award was first made on 4 September 2009 [PR988776]

This consolidated version of the award includes variations made on 16 December 2009 [PR991572]; 12 March 2009 [PR994543]; 4 June 2010 [PR997772]

NOTE: Transitional provisions may apply to certain clauses - see clause 2 and Schedule A

 

Table of Contents

[Varied by PR994543]

Part 1 - Application and Operation

1.              Title

2.              Commencement and transitional

3.              Definitions and interpretation

4.              Coverage

5.              Access to the award and the National Employment Standards

6.              The National Employment Standards and this award

7.              Award flexibility

Part 2 - Consultation and Dispute Resolution

8.              Consultation regarding major workplace change

9.              Dispute resolution

Part 3 - Types of Employment and Termination of Employment

10.              Types of employment

11.              Termination of employment

12.              Redundancy

Part 4 - Minimum Wages and Related Matters

13.              Classifications

14.              Minimum wages

15.              Allowances

16.              District allowances

17.              Accident pay

18.              Payment of wages

19.              Superannuation

Part 5 - Hours of Work and Related Matters

20.              Ordinary hours of work and rostering

Part 6 - Leave and Public Holidays

21.              Annual leave

22.              Personal/carer's leave and compassionate leave

23.              Community service leave

24.              Public holidays

Schedule A - Transitional Provisions

Schedule B - Classifications

Schedule C - National Training Wage

Appendix C1: Allocation of Traineeships to Wage Levels

 


Part 1 - Application and Operation

 

1.              Title

This award is the Hydrocarbons Field Geologists Award 2010.

2.              Commencement and transitional

2.1              This award commences on 1 January 2010.

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

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

·              minimum wages and piecework rates

·              casual or part - time loadings

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

·              shift allowances/penalties.

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

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

2.6              Fair Work Australia may review the transitional arrangements:

(a)              on its own initiative; or

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

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

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

3.              Definitions and interpretation

[Varied by PR994543, PR997772]

3.1              In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth)

[Definition of agreement - based transitional instrument inserted by PR994543 from 01Jan10]

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

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

[Definition of employee substituted by PR997772 from 01Jan10]

employee means national system employee within the meaning of the Act

[Definition of employer substituted by PR997772 from 01Jan10]

employer means national system employer within the meaning of the Act

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

NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth)

[Definition of on - hire inserted by PR994543 from 01Jan10]

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

standard rate means the minimum wage for a Bachelor of Science in Geology set in clause 14.1

[Definition of transitional minimum wage instrument inserted by PR994543 from 01Jan10]

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

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

4.              Coverage

[Varied by PR994543]

[4.1 varied by PR994543 from 01Jan10]

4.1              This award covers employers of field geologists throughout Australia and in the adjacent areas as defined in the Petroleum (Submerged Lands) Act 1967 (Cth) and their employees in the classifications listed in Schedule B - Classifications to the exclusion of any other modern award.

4.2              The award does not cover an employee excluded from award coverage by the Act.

4.3              The award does not cover 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.

[New 4.4 and 4.5 inserted by PR994543 from 01Jan10]

4.4              The award does not cover 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.

4.5              This award covers any employer which supplies on - hire employees in classifications set out in Schedule B - Classifications and those on - hire employees, if the employer is not covered by another modern award containing a classification which is more appropriate to the work performed by the employee. This subclause operates subject to the exclusions from coverage in this award.

[4.4 renumbered as 4.6 by PR994543 from 01Jan10]

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

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

5.              Access to the award and the National Employment Standards

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

6.              The National Employment Standards and this award

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

7.              Award flexibility

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

(a)              arrangements for when work is performed;

(b)              overtime rates;

(c)              penalty rates;

(d)              allowances; and

(e)              leave loading.

7.2              The employer and the individual employee must have genuinely made the agreement without coercion or duress.

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

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

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

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

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

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

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

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

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

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

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

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

7.8              The agreement may be terminated:

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

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

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

Part 2 - Consultation and Dispute Resolution

 

8.              Consultation regarding major workplace change

8.1              Employer to notify

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

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

8.2              Employer to discuss change

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

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

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

9.              Dispute resolution

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

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

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

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

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

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

Part 3 - Types of Employment and Termination of Employment

 

10.              Types of employment

10.1              Employment may be full - time, part - time or casual.

10.2              A casual employee will be paid a loading of 25% of the annual retainer and daily rig allowance for the classification in clause 14.2 that a full - time employee would receive if that employee was performing the duties.

10.3              Casual employees must be provided with a minimum period of three hours employment on each engagement or be paid for a minimum of three hours at the appropriate casual rate.

10.4              Notwithstanding anything to the contrary appearing elsewhere in this award, the services of a casual employee may be terminated by one hour's notice by either party or by payment or forfeiture of one hour's salary as the case may be.

10.5              Unless specifically provided for, a casual employee will not be entitled to any of the allowances provided by this award, other than those prescribed in this clause.

11.              Termination of employment

11.1              Notice of termination is provided for in the NES.

11.2              Notice of termination by an employee

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

11.3              Job search entitlement

Where an employer has given notice of termination to an employee, an employee must be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.

12.              Redundancy

[Varied by PR994543]

12.1              Redundancy pay is provided for in the NES.

12.2              Transfer to lower paid duties

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

12.3              Employee leaving during notice period

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

12.4              Job search entitlement

(a)              An employee given notice of termination in circumstances of redundancy must be allowed up to one day‘s time off without loss of pay during each week of notice for the purpose of seeking other employment.

(b)              If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee must, at the request of the employer, produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.

(c)              This entitlement applies instead of clause 11.3.

12.5              Transitional provisions

(a)              Subject to clause 12.5(b), an employee whose employment is terminated by an employer is entitled to redundancy pay in accordance with the terms of a notional agreement preserving a State award:

[12.5(a)(i) substituted by PR994543 from 01Jan10]

(i)              that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement - based transitional instrument or enterprise agreement had applied to the employee; and

(ii)              that would have entitled the employee to redundancy pay in excess of the employee's entitlement to redundancy pay, if any, under the NES.

(b)              The employee's entitlement to redundancy pay under the notional agreement preserving a State award is limited to the amount of redundancy pay which exceeds the employee's entitlement to redundancy pay, if any, under the NES.

(c)              This clause does not operate to diminish an employee's entitlement to redundancy pay under any other instrument.

(d)              Clause 12.5 ceases to operate on 31 December 2014.

Part 4 - Minimum Wages and Related Matters

 

13.              Classifications

All employees covered by this award must be classified according to the structure set out in Schedule B.

14.              Minimum wages

14.1              The minimum wage for a Bachelor of Science in Geology covered by the classifications described in Schedule B is $38 273 per annum.

14.2              Having regard to the hours of work and the locations of the work, the salary structure and minimum estimated earnings are made up as follows:

Classifications

Annual retainer

Daily rig allowance (per full day worked)

Excess attendance allowance

Daily attendance allowance (office)

Estimated annual earnings (even time)

 

$

$

$

$

$

Trainee

30 687

59.97

N/A

35.54

40 512

Competent mudlogger

30 687

83.29

178.81

49.97

44 333

Senior mudlogger

35 502

83.29

178.81

49.97

49 148

Data engineer

40 175

89.95

206.57

54.42

54 914

14.3              The pay rates in clause 14.2 absorb the minimum pay and include compensation for weekends, public holidays, hours of work and all disability factors including (but not limited to) disabilities associated with living and working in a remote location, rotating shiftwork and handover periods.

15.              Allowances

15.1              Rig - up rig - down allowance

Employees must be paid at 150% of the applicable daily rig allowance in clause 14.2 for each rig - up and rig - down shift worked.

15.2              Attendance at courses

Where an employee is required to attend a company sponsored training course conducted during a period when the employee is rostered off, the employee will be paid an allowance of 50% of the applicable daily rig allowance in clause 14.2.

15.3              Professional development

(a)              Where it is agreed between the employer and the employee that further training should be undertaken by an employee, that training may be undertaken either on or off the job. Provided that the employee must not suffer any loss of pay as a result of such an agreement.

(b)              Any costs associated with standard fees for prescribed text books (excluding those text books which are available in the employer's technical library) incurred in connection with the undertaking of training must be reimbursed by the employer upon production of evidence of such expenditure. Provided that reimbursement will also be on an annual basis subject to the presentation of reports of satisfactory progress.

(c)              Notwithstanding the provisions of this clause:

(i)              an employer may grant permission to an employee to attend a conference, seminar, or short - term study course which will assist the employee to keep themselves informed of technological developments of relevance to the business of the employer; and

(ii)              where the conference, seminar, or short term study course has been approved by the employer and permission has been granted to attend, the employer must meet associated costs and must continue the payment of salary to the employee or make such other arrangements as may be mutually agreed.

15.4              Travelling time

An employee will be paid an allowance of $44.86 for each day on which they do not work but are required to travel to or from the rig.

15.5              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

Travel allowance

Domestic holiday travel and accommodation sub - group

16.              District allowances

[Varied by PR994543]

16.1              Northern Territory

An employee in the Northern Territory is entitled to payment of a district allowance in accordance with the terms of an award made under the Workplace Relations Act 1996 (Cth):

[16.1(a) substituted by PR994543 from 01Jan10]

(a)              that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement - based transitional instrument or enterprise agreement had applied to the employee; and

(b)              that would have entitled the employee to payment of a district allowance.

16.2              Western Australia

An employee in Western Australia is entitled to payment of a district allowance in accordance with the terms of a notional agreement preserving a State award or an award made under the Workplace Relations Act 1996 (Cth):

[16.2(a) substituted by PR994543 from 01Jan10]

(a)              that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement - based transitional instrument or enterprise agreement had applied to the employee; and

(b)              that would have entitled the employee to payment of a district allowance.

16.3              This clause ceases to operate on 31 December 2014.

17.              Accident pay

[Varied by PR994543]

17.1              Subject to clause 17.2, an employee is entitled to accident pay in accordance with the terms of:

[17.1(a) substituted by PR994543 from 01Jan10]

(a)              a notional agreement preserving a State award that would have applied to the employee immediately prior to 1 January 2010 or an award made under the Workplace Relations Act 1996 (Cth) that would have applied to the employee immediately prior to 27 March 2006, if the employee had at that time been in their current circumstances of employment and no agreement - based transitional instrument or enterprise agreement had applied to the employee; and

(b)              that would have entitled the employee to accident pay in excess of the employee's entitlement to accident pay, if any, under any other instrument.

17.2              The employee's entitlement to accident pay under the notional agreement preserving a State award or the award is limited to the amount of accident pay which exceeds the employee's entitlement to accident pay, if any, under any other instrument.

17.3              This clause does not operate to diminish an employee's entitlement to accident pay under any other instrument.

17.4              This clause ceases to operate on 31 December 2014.

18.              Payment of wages

18.1              The employer will pay the employee's wages, penalties and allowances weekly, fortnightly or monthly by electronic funds transfer into the employee's bank (or other recognised financial institution) account nominated by the employee.

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

19.              Superannuation

[Varied by PR994543]

19.1              Superannuation legislation

(a)              Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund, any superannuation fund nominated in the award covering the employee applies.

(b)              The rights and obligations in these clauses supplement those in superannuation legislation.

19.2              Employer contributions

An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

19.3              Voluntary employee contributions

(a)              Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post - taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 19.2.

(b)              An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months' written notice to their employer.

(c)              The employer must pay the amount authorised under clauses 19.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 19.3(a) or (b) was made.

19.4              Superannuation fund

[19.4 varied by PR994543 from 01Jan10]

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 19.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 19.2 and pay the amount authorised under clauses 19.3(a) or (b) to any superannuation fund or its successor to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund.

19.5              Absence from work

Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 19.2 and pay the amount authorised under clauses 19.3(a) or (b):

(a)              Paid leave - while the employee is on any paid leave;

(b)              Work - related injury or illness - for the period of absence from work (subject to a maximum of 52 weeks) of the employee due to work - related injury or work - related illness provided that:

(i)              the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with the statutory requirements; and

(ii)              the employee remains employed by the employer.

Part 5 - Hours of Work and Related Matters

 

20.              Ordinary hours of work and rostering

20.1              For the purpose of the NES, ordinary hours of work under this award for full - time employees are an average of 38 per week.

20.2              For the purpose of the NES, ordinary hours of work for a part - time employee will be less than an average of 38 per week.

20.3              Employees are engaged to work rotating shifts of 12 hours each on 164 days per year.

20.4              The duty roster will be designed to minimise the cost of transfers to and from the rig and, at the same time, to incorporate adequate breaks between tours of duty.

20.5              The excess attendance allowance will be paid for each day worked in excess of 82 days in a six month period. This allowance is contained in clause 14 - Minimum wages.

Part 6 - Leave and Public Holidays

 

21.              Annual leave

21.1              Annual leave is provided for in the NES.

21.2              Instead of the base rate of pay as referred to in s.90(1) of the Act, in respect of annual leave, employees must be paid at a rate equal to 14 days at the annual retainer and 14 days at the annual retainer plus daily rig allowance in clause 14.2. This ratio will also apply with respect to periods of untaken paid annual leave when the employment of an employee ends.

22.              Personal/carer's leave and compassionate leave

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

22.2              An employer may grant reasonable leave with pay for an employee to attend to personal matters on a basis agreed with the employee concerned and such leave will include personal and carer's leave.

23.              Community service leave

Community service leave is provided for in the NES.

24.              Public holidays

Public holidays are provided for in the NES.

Schedule A
- Transitional Provisions

A.1              General

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

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

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

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

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

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

A.2              Minimum wages - existing minimum wage lower

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

(a)              was obliged,

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

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

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

A.2.2              In this clause minimum wage includes:

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

(b)              a piecework rate; and

(c)              any applicable industry allowance.

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

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

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

First full pay period on or after

 

1 July 2010

80%

1 July 2011

60%

1 July 2012

40%

1 July 2013

20%

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

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

A.3              Minimum wages - existing minimum wage higher

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

(a)              was obliged,

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

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

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

A.3.2              In this clause minimum wage includes:

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

(b)              a piecework rate; and

(c)              any applicable industry allowance.

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

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

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

First full pay period on or after

 

1 July 2010

80%

1 July 2011

60%

1 July 2012

40%

1 July 2013

20%

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

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

A.4              Loadings and penalty rates

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

·              casual or part - time loading;

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

·              shift allowance/penalty.

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

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

(a)              was obliged,

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

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

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

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

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

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

First full pay period on or after

 

1 July 2010

80%

1 July 2011

60%

1 July 2012

40%

1 July 2013

20%

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

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

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

(a)              was obliged,

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

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

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

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

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

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

First full pay period on or after

 

1 July 2010

80%

1 July 2011

60%

1 July 2012

40%

1 July 2013

20%

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

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

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

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

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

First full pay period on or after

 

1 July 2010

20%

1 July 2011

40%

1 July 2012

60%

1 July 2013

80%

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

 

Schedule B
- Classifications

B.1              A Trainee mudlogger is a person who has been awarded the degree of Bachelor of Science in Geology (or in another relevant earth science) who is employed to perform mudlogging/formation evaluation duties for the first time. A Trainee mudlogger is expected to complete formal instruction and on - the - job training for periods totalling 41 full working days before advancement to the level of Competent mudlogger.

B.2              A Competent mudlogger is a person who has been awarded the degree of Bachelor of Science in Geology (or in another relevant earth science) and who has satisfactorily completed a course including formal instruction and on - the - job training of at least 41 full working days. The Competent mudlogger performs a range of scientific tasks associated with the evaluation of geological formations.

B.3              A Senior mudlogger is a Competent mudlogger who plans and conducts scientific formation evaluation work without detailed supervision, but with guidance on unusual features and who is usually engaged on more responsible assignments requiring substantial professional experience.

Progression to this level is based upon:

(a)              completion of at least three years service as a Competent mudlogger;

(b)              demonstrated competence in specific skills required by the employer; and

(c)              satisfactory performance assessments from supervisors.

B.4              A Data engineer is an experienced Senior mudlogger who plans and supervises the work of Senior or Competent mudloggers, evaluates pore pressure, prepares detailed reports and is engaged on assignments requiring a very high level of professional expertise.

Schedule C
- National Training Wage

[Sched C inserted by PR994543]

C.1              Title

This is the National Training Wage Schedule.

C.2              Definitions

In this schedule:

adult trainee is a trainee who would qualify for the highest minimum wage in Wage Level A, B or C if covered by that wage level

approved training means the training specified in the training contract

Australian Qualifications Framework (AQF) is a national framework for qualifications in post - compulsory education and training

out of school refers only to periods out of school beyond Year 10 as at the first of January in each year and is deemed to:

(a)              include any period of schooling beyond Year 10 which was not part of or did not contribute to a completed year of schooling;

(b)              include any period during which a trainee repeats in whole or part a year of schooling beyond Year 10; and

(c)              not include any period during a calendar year in which a year of schooling is completed

relevant State or Territory training authority means the bodies in the relevant State or Territory which exercise approval powers in relation to traineeships and register training contracts under the relevant State or Territory vocational education and training legislation

relevant State or Territory vocational education and training legislation means the following or any successor legislation:

Australian Capital Territory: Training and Tertiary Education Act 2003;

New South Wales: Apprenticeship and Traineeship Act 2001;

Northern Territory: Northern Territory Employment and Training Act 1991;

Queensland: Vocational Education, Training and Employment Act 2000;

South Australia: Training and Skills Development Act 2008;

Tasmania: Vocational Education and Training Act 1994;

Victoria: Education and Training Reform Act 2006; or

Western Australia: Vocational Education and Training Act 1996

trainee is an employee undertaking a traineeship under a training contract

traineeship means a system of training which has been approved by the relevant State or Territory training authority, which meets the requirements of a training package developed by the relevant Industry Skills Council and endorsed by the National Quality Council, and which leads to an AQF certificate level qualification

training contract means an agreement for a traineeship made between an employer and an employee which is registered with the relevant State or Territory training authority

training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification which have been endorsed for an industry or enterprise by the National Quality Council and placed on the National Training Information Service with the approval of the Commonwealth, State and Territory Ministers responsible for vocational education and training, and includes any relevant replacement training package

year 10 includes any year before Year 10

C.3              Coverage

C.3.1              Subject to clauses C.3.2 to C.3.6 of this schedule, this schedule applies in respect of an employee covered by this award who is undertaking a traineeship whose training package and AQF certificate level is allocated to a wage level by Appendix C1 to this schedule or by clause C.5.4 of this schedule.

C.3.2              This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in Appendix C1 to this schedule.

C.3.3              This schedule does not apply to the apprenticeship system or to any training program which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at 25 June 1997.

C.3.4              This schedule does not apply to qualifications not identified in training packages or to qualifications in training packages which are not identified as appropriate for a traineeship.

C.3.5              Where the terms and conditions of this schedule conflict with other terms and conditions of this award dealing with traineeships, the other terms and conditions of this award prevail.

C.3.6              At the conclusion of the traineeship, this schedule ceases to apply to the employee.

C.4              Types of Traineeship

The following types of traineeship are available under this schedule:

C.4.1              a full - time traineeship based on 38 ordinary hours per week, with 20% of ordinary hours being approved training; and

C.4.2              a part - time traineeship based on less than 38 ordinary hours per week, with 20% of ordinary hours being approved training solely on - the - job or partly on - the - job and partly off - the - job, or where training is fully off - the - job.

C.5              Minimum Wages

C.5.1              Minimum wages for full - time traineeships

(a)              Wage Level A

Subject to clause C.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 C1 are:

 

Highest year of schooling completed

 

Year 10

Year 11

Year 12

 

per week

per week

per week

 

$

$

$

School leaver

245.00

270.00

323.00

Plus 1 year out of school

270.00

323.00

375.00

Plus 2 years out of school

323.00

375.00

437.00

Plus 3 years out of school

375.00

437.00

500.00

Plus 4 years out of school

437.00

500.00

 

Plus 5 or more years out of school

500.00

 

 

(b)              Wage Level B

Subject to clause C.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 B by Appendix C1 are:

 

Highest year of schooling completed

 

Year 10

Year 11

Year 12

 

per week

per week

per week

 

$

$

$

School leaver

245.00

270.00

313.00

Plus 1 year out of school

270.00

313.00

360.00

Plus 2 years out of school

313.00

360.00

423.00

Plus 3 years out of school

360.00

423.00

482.00

Plus 4 years out of school

423.00

482.00

 

Plus 5 or more years out of school

482.00

 

 

(c)              Wage Level C

Subject to clause C.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 C by Appendix C1 are:

 

Highest year of schooling completed

 

Year 10

Year 11

Year 12

 

per week

per week

per week

 

$

$

$

School leaver

245.00

270.00

312.00

Plus 1 year out of school

270.00

312.00

351.00

Plus 2 years out of school

312.00

351.00

392.00

Plus 3 years out of school

351.00

392.00

437.00

Plus 4 years out of school

392.00

437.00

 

Plus 5 or more years out of school

437.00

 

 

(d)              AQF Certificate Level IV traineeships

(i)              Subject to clause C.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 C.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

519.00

539.00

Wage Level B

500.00

519.00

Wage Level C

454.00

471.00

C.5.2              Minimum wages for part - time traineeships

(a)              Wage Level A

Subject to clauses C.5.2(f) and C.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 C1 are:

 

Highest year of schooling completed

 

Year 10

Year 11

Year 12

 

per hour

per hour

per hour

 

$

$

$

School leaver

8.06

8.88

10.63

Plus 1 year out of school

8.88

10.63

12.34

Plus 2 years out of school

10.63

12.34

14.38

Plus 3 years out of school

12.34

14.38

16.45

Plus 4 years out of school

14.38

16.45

 

Plus 5 or more years out of school

16.45

 

 

(b)              Wage Level B

Subject to clauses C.5.2(f) and C.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 B by Appendix C1 are:

 

Highest year of schooling completed

 

Year 10

Year 11

Year 12

 

per hour

per hour

per hour

 

$

$

$

School leaver

8.06

8.88

10.30

Plus 1 year out of school

8.88

10.30

11.84

Plus 2 years out of school

10.30

11.84

13.91

Plus 3 years out of school

11.84

13.91

15.86

Plus 4 years out of school

13.91

15.86

 

Plus 5 or more years out of school

15.86

 

 

(c)              Wage Level C

Subject to clauses C.5.2(f) and C.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 C by Appendix C1 are:

 

Highest year of schooling completed

 

Year 10

Year 11

Year 12

 

per hour

per hour

per hour

 

$

$

$

School leaver

8.06

8.88

10.26

Plus 1 year out of school

8.88

10.26

11.55

Plus 2 years out of school

10.26

11.55

12.89

Plus 3 years out of school

11.55

12.89

14.38

Plus 4 years out of school

12.89

14.38

 

Plus 5 or more years out of school

14.38

 

 

(d)              School - based traineeships

Subject to clauses C.5.2(f) and C.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 C1 are as follows when the trainee works ordinary hours:

Year of schooling

Year 11 or lower

Year 12

per hour

per hour

$

$

8.06

8.88

(e)              AQF Certificate Level IV traineeships

(i)              Subject to clauses C.5.2(f) and C.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 C.5.2(f) and C.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

17.07

17.73

Wage Level B

16.45

17.07

Wage Level C

14.93

15.49

(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 C.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 C.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 C.5.2(a)-(e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.

C.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.

C.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 C1 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.

C.6              Employment conditions

C.6.1              A trainee undertaking a school - based traineeship may, with the agreement of the trainee, be paid an additional loading of 25% on all ordinary hours worked instead of paid annual leave, paid personal/carer's leave and paid absence on public holidays, provided that where the trainee works on a public holiday then the public holiday provisions of this award apply.

C.6.2              A trainee is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.

C.6.3              Time spent by a trainee, other than a trainee undertaking a school - based traineeship, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the trainee's wages and determining the trainee's employment conditions.

C.6.4              Subject to clause C.3.5 of this schedule, all other terms and conditions of this award apply to a trainee unless specifically varied by this schedule.


Appendix C1: Allocation of Traineeships to Wage Levels

The wage levels applying to training packages and their AQF certificate levels are:

C1.1              Wage Level A

Training package

AQF certificate level

Aeroskills

II

Aviation

I
II
III

Beauty

III

Business Services

I
II
III

Chemical, Hydrocarbons and Refining

I
II
III

Civil Construction

III

Coal Training Package

II
III

Community Services

II
III

Construction, Plumbing and Services Integrated Framework

I
II
III

Correctional Services

II
III

Drilling

II
III

Electricity Supply Industry - Generation Sector

II
III (in Western Australia only)

Electricity Supply Industry - Transmission, Distribution and Rail Sector

II

Electrotechnology

I
II
III (in Western Australia only)

Financial Services

I
II
III

Floristry

III

Food Processing Industry

III

Gas Industry

III

Information and Communications Technology

I
II
III

Laboratory Operations

II
III

Local Government (other than Operational Works Cert I and II)

I
II
III

Manufactured Mineral Products

III

Manufacturing

I
II
III

Maritime

I
II
III

Metal and Engineering (Technical)

II
III

Metalliferous Mining

II
III

Museum, Library and Library/Information Services

II
III

Plastics, Rubber and Cablemaking

III

Public Safety

III

Public Sector

II
III

Pulp and Paper Manufacturing Industries

III

Retail Services (including wholesale and Community pharmacy)

III

Telecommunications

II
III

Textiles, Clothing and Footwear

III

Tourism, Hospitality and Events

I
II
III

Training and Assessment

III

Transport and Distribution

III

Water Industry (Utilities)

III

C1.2              Wage Level B

Training package

AQF certificate level

Animal Care and Management

I
II
III

Asset Maintenance

I
II
III

Australian Meat Industry

I
II
III

Automotive Industry Manufacturing

II
III

Automotive Industry Retail, Service and Repair

I
II
III

Beauty

II

Caravan Industry

II
III

Civil Construction

I

Community Recreation Industry

III

Entertainment

I
II
III

Extractive Industries

II
III

Fitness Industry

III

Floristry

II

Food Processing Industry

I
II

Forest and Forest Products Industry

I
II
III

Furnishing

I
II
III

Gas Industry

I
II

Health

II
III

Local Government (Operational Works)

I
II

Manufactured Mineral Products

I
II

Metal and Engineering (Production)

II
III

Outdoor Recreation Industry

I
II
III

Plastics, Rubber and Cablemaking

II

Printing and Graphic Arts

II
III

Property Services

I
II
III

Public Safety

I
II

Pulp and Paper Manufacturing Industries

I
II

Retail Services

I
II

Screen and Media

I
II
III

Sport Industry

II
III

Sugar Milling

I
II
III

Textiles, Clothing and Footwear

I
II

Transport and Logistics

I
II

Visual Arts, Craft and Design

I
II
III

Water Industry

I
II

 


C1.3              Wage Level C

Training package

AQF certificate level

Agri - Food

I

Amenity Horticulture

I
II
III

Conservation and Land Management

I
II
III

Funeral Services

I
II
III

Music

I
II
III

Racing Industry

I
II
III

Rural Production

I
II
III

Seafood Industry

I
II
III

 

 

About this document
(1)
Code:
MA000064
Title:
Hydrocarbons Field Geologists Award 2020
Effective:
27 Sep 2021
Instrument Type:
Modern Award
(34)
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
Hydrocarbons Field Geologists Award 2020
(10)
(1)
1 Dec 2015
(34)
1.0.11.0 SA