Part 1—Application and Operation
2. Commencement and transitional
3. Definitions and interpretation
5. Access to the award and the National Employment Standards
6. The National Employment Standards and this award
7. Individual flexibility arrangements
Part 2—Consultation and Dispute Resolution
8. Consultation about major workplace change
8A. Consultation about changes to rosters or hours of work
Part 3—Types of Employment and Termination of Employment
Part 4—Minimum Wages and Related Matters
14. Allowances for crew on all vessels
Part 5—Hours of Work and Related Matters
20. Ordinary hours of work and rostering
22. Overtime and penalty rates
22A. Requests for flexible working arrangements
Part 6—Leave and Public Holidays
24. Personal/carer’s leave and compassionate leave
27. Leave to deal with Family and Domestic Violence
SCHEDULE A—TRANSITIONAL PROVISIONSSCHEDULE B—CLASSIFICATION STRUCTURE AND DEFINITIONS
SCHEDULE C—SUPPORTED WAGE SYSTEM
SCHEDULE D—NATIONAL TRAINING WAGE
SCHEDULE E—PART-DAY PUBLIC HOLIDAYS
SCHEDULE F—AGREEMENT TO TAKE ANNUAL LEAVE IN ADVANCE
SCHEDULE G—AGREEMENT TO CASH OUT ANNUAL LEAVE
SCHEDULE H—AGREEMENT FOR TIME OFF INSTEAD OF PAYMENT FOR OVERTIME
Marine Tourism and Charter Vessels Award 2010
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 20 June 2019 (PR704167,PR707509,PR707736,PR709080).
Clause(s) affected by the most recent variation(s):
Current review matter(s):AM2014/47;AM2014/76;AM2014/190;AM2014/196;AM2014/197;AM2014/300;AM2014/301;AM2015/1;AM2015/2;AM2016/8;AM2016/15;AM2016/17
Table of Contents
[Varied by PR991602,PR994460,PR532631,PR544519,PR546288,PR557581,PR573679,PR583029,PR584118,PR609422,PR610259,PR701496]
Part 1—Application and Operation
2. Commencement and transitional
3. Definitions and interpretation
5. Access to the award and the National Employment Standards
6. The National Employment Standards and this award
7. Individual flexibility arrangements
Part 2—Consultation and Dispute Resolution
8. Consultation about major workplace change
8A. Consultation about changes to rosters or hours of work
Part 3—Types of Employment and Termination of Employment
Part 4—Minimum Wages and Related Matters
14. Allowances for crew on all vessels
Part 5—Hours of Work and Related Matters
20. Ordinary hours of work and rostering
22. Overtime and penalty rates
22A. Requests for flexible working arrangements
Part 6—Leave and Public Holidays
24. Personal/carer’s leave and compassionate leave
27. Leave to deal with Family and Domestic Violence
Schedule A—Transitional Provisions
Schedule B—Classification Structure and Definitions
Schedule C—Supported Wage System
Schedule D—National Training Wage
Schedule E—Part-day Public Holidays
Schedule F—Agreement to Take Annual Leave in Advance
Schedule G—Agreement to Cash Out Annual Leave
Schedule H—Agreement for Time Off Instead of Payment for Overtime
Part 1—Application and Operation
2. Commencement and transitional
3. Definitions and interpretation
5. Access to the award and the National Employment Standards
6. The National Employment Standards and this award
7. Individual flexibility arrangements
This award is the Marine Tourism and Charter Vessels Award 2010.
2. Commencement and transitional
[Varied by PR991602,PR542213]
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 varied by PR542213 ppc 04Dec13]
2.4 Neither the making of this award nor the operation of any transitional arrangements is intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements,the Fair Work Commission may make any order it considers appropriate to remedy the situation.
[2.5 varied by PR542213 ppc 04Dec13]
2.5 The Fair Work Commission may review the transitional arrangements in this award and make a determination varying the award.
[2.6 varied by PR542213 ppc 04Dec13]
2.6 The Fair Work Commission may review the transitional arrangements:
(a) on its own initiative;or
(b) on application by an employer,employee,organisation or outworker entity covered by the modern award;or
(c) on application by an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award;or
(d) in relation to outworker arrangements,on application by an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the arrangements relate.
3. Definitions and interpretation
[Varied by PR994460,PR503726,PR542213,PR546078]
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 PR994460 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 default fund employee inserted by PR546078 ppc 01Jan14]
default fund employee means an employee who has no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth)
[Definition of defined benefit member inserted by PR546078 ppc 01Jan14]
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth)
[Definition of Division 2B State award inserted by PR503726 ppc 01Jan11]
Division 2B State award has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
[Definition of Division 2B State employment agreement inserted by PR503726 ppc 01Jan11]
Division 2B State employment agreement has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
employee means a national system employee as defined in sections 13 and 30C of the Act
employer means a national system employer as defined in sections 14 and 30D of the Act
engineer means a marine engineer
enterprise award-based instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
[Definition of exempt public sector superannuation scheme inserted by PR546078 ppc 01Jan14]
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)
[Definition of FWA deleted by PR542213 ppc 04Dec13]
marine tourism and charter vessel industry means the operation of vessels engaged on a day charter or for an overnight charter wholly or principally as a tourist,sightseeing,sailing or cruise vessel and/or as a place of or for entertainment,functions,restaurant/food and beverage purposes engaged in the provision of water orientated tourism,leisure and/or recreational activities but does not include the operation of ferries engaged in regular scheduled passenger and/or commuter transport
master means an appropriately qualified person appointed in command of a vessel
MED means Marine Engineer Driver
[Definition of MySuper product inserted by PR546078 ppc 01Jan14]
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (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 PR994460 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
Overnight Charter Employee means an employee who is engaged within the classifications in clause 13.1(a) and who is employed by a business that provides overnight accommodation for staff and paying guests
Non-overnight Charter Employee means an employee who is engaged within the classifications in clause 13.2(a) and who is employed by a business that does not provide overnight accommodation for staff and paying guests
standard rate means the minimum wage for a Coxswain (Overnight Charter Employee) in clause 13.1(a)
[Definition of transitional minimum wage instrument inserted by PR994460 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.
[Varied by PR994460]
4.1 This industry award covers employers throughout Australia in the Marine Tourism and Charter Vessels Industry and their employees in the classifications listed in clause 13—Minimum wages 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 inserted by PR994460 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 inserted by PR994460 from 01Jan10]
4.5 This award covers any employer which supplies labour on an on-hire basis in the industry set out in clause 4.1 in respect of on-hire employees in classifications covered by this award,and those on-hire employees,while engaged in the performance of work for a business in that industry. This subclause operates subject to the exclusions from coverage in this award.
[4.6 inserted by PR994460 from 01Jan10]
4.6 This award covers employers which provide group training services for trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. This subclause operates subject to the exclusions from coverage in this award.
[4.4 renumbered as 4.7 by PR994460 from 01Jan10]
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. 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 notice board 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. Individual flexibility arrangements
[Varied by PR542213;7—Award flexibility renamed and substituted by PR610259 ppc 01Nov18]
7.1 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.
7.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.
7.3 An agreement may only be made after the individual employee has commenced employment with the employer.
7.4 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.
7.5 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.
7.6 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.
7.7 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.
7.8 Except as provided in clause 7.7(b),an agreement must not require the approval or consent of a person other than the employer and the employee.
7.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.
7.10 The employer and the employee must genuinely agree,without duress or coercion to any variation of an award provided for by an agreement.
7.11 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 s.144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see s.145 of the Act).
7.12 An agreement terminated as mentioned in clause 7.11(b) ceases to have effect at the end of the period of notice required under that clause.
7.13 The right to make an agreement under clause 7 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.
Part 2—Consultation and Dispute Resolution
8. Consultation about major workplace change
8A. Consultation about changes to rosters or hours of work
8. Consultation about major workplace change
[8—Consultation regarding major workplace change renamed and substituted by PR546288,8—Consultation renamed and substituted by PR610259 ppc 01Nov18]
8.1 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.
8.2 For the purposes of the discussion under clause 8.1(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.
8.3 Clause 8.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
8.4 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 8.1(b).
8.5 In clause 8:
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.
8.6 Where this award makes provision for alteration of any of the matters defined at clause 8.5,such alteration is taken not to have significant effect.
8A. Consultation about changes to rosters or hours of work
[8A inserted by PR610259 ppc 01Nov18]
8A.1 Clause 8A 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.
8A.2 The employer must consult with any employees affected by the proposed change and their representatives (if any).
8A.3 For the purpose of the consultation,the employer must:
(a) provide to the employees and representatives mentioned in clause 8A.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.
8A.4 The employer must consider any views given under clause 8A.3(b).
8A.5 Clause 8A is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.
[Varied by PR542213;substituted by PR610259 ppc 01Nov18]
9.1 Clause 9 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
9.2 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.
9.3 If the dispute is not resolved through discussion as mentioned in clause 9.2,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.
9.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 9.2 and 9.3,a party to the dispute may refer it to the Fair Work Commission.
9.5 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.
9.6 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.
9.7 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 9.
9.8 While procedures are being followed under clause 9 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.
9.9 Clause 9.8 is subject to any applicable work health and safety legislation.
Part 3—Types of Employment and Termination of Employment
[Varied by PR700581]
10.1 Full-time employment
Any employee not specifically engaged as being a part-time or casual employee is for all purposes of this award a full-time employee,unless otherwise specified in this award.
10.2 Part-time employment
(a) An Overnight Charter Employee or Non-overnight Charter Employee may be engaged to work on a part-time basis involving a regular pattern of hours which averages less than 38 ordinary hours per week.
(b) A part-time employee must be engaged for a minimum of two consecutive hours a day. In order to meet their personal circumstances,a part-time employee may request and the employer may agree to an engagement for less than the minimum of two hours.
(c) All terms of this award will apply pro rata to part-time employees.
10.3 Casual employment
(a) An Overnight Charter Employee or Non-overnight Charter Employee may be engaged to work on a casual basis. A casual employee:
(i) is engaged to work a variety of hours if they are a Non-overnight Charter Employee or a specified trip or trips if they are an Overnight Charter Employee at the direction of the employer;
(ii) if they are an Overnight Charter Employee,must be engaged for a minimum of one half day trip as per clause 20.3,or if they are a Non-overnight Charter Employee must be engaged for a minimum of two hours per shift and a maximum of 12 hours per shift;
(iii) cannot be engaged for more than 38 hours per week if they are a Non-overnight Charter Employee;and
(iv) must be paid the applicable loading as defined in clause 13—Minimum wages.
(b) For the purposes of providing potential casual employees with the written notice as stipulated in clause 10.5,the employer must also specify the likely time periods or trips the employee will be required to work.
10.4 Right to request casual conversion
[New 10.4 inserted by PR700581 ppc 01Oct18]
(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 this subclause 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 paragraph (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. 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 9. 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.
(j) Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment as provided for in this clause,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 days the employee will be required to attend for work and the starting and finishing times for each such day.
(k) The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed.
(l) 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.
(m) 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 this clause.
(n) Nothing in this clause 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.
(o) Nothing in this clause requires an employer to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment.
(p) An employer must provide a casual employee,whether a regular casual employee or not,with a copy of the provisions of this subclause 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 this subclause by 1 January 2019.
(q) A casual employee’s right to request to convert is not affected if the employer fails to comply with the notice requirements in paragraph (p).
10.5 Notice to be provided to all employees
[10.4 renumbered as 10.5 by PR700581 ppc 01Oct18]
(a) Upon making an offer of employment to a potential employee,the employer must provide a written notice to the person to whom the offer of employment is addressed stating:
(i) whether the person is to be engaged as an Overnight Charter Employee or a Non-overnight Charter Employee;
(ii) whether the person is to be engaged on a full-time,part-time or casual basis;and
(iii) the classification level and rate of pay the employee will receive.
(b) The engagement of an employee as described in the written notice provided pursuant to clause 10.5(a) can only be varied by mutual agreement between the employer and employee,documented in writing.
[11 substituted by PR610259 ppc 01Nov18]
Note:The NES sets out requirements for notice of termination by an employer. See ss.117 and 123 of the Act.
11.1 Notice of termination by an employee
(a) This clause applies to all employees except those identified in ss.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.
Column 1 | Column 2 |
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 paragraph (b) continuous service has the same meaning as in s.117 of the Act.
(d) If an employee who is at least 18 years old does not give the period of notice required under paragraph (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 paragraph (b),then no deduction can be made under paragraph (d).
(f) Any deduction made under paragraph (d) must not be unreasonable in the circumstances.
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.
11.3 The time off under clause 11.2 is to be taken at times that are convenient to the employee after consultation with the employer.
[12 substituted by PR706982 ppc 03May19]
NOTE:Redundancy pay is provided for in the NES. See sections 119–123 of the Act.
12.1 Transfer to lower paid duties on redundancy
(a) Clause 12.1 applies if,because of redundancy,an employee is transferred to new duties to which a lower ordinary rate of pay applies.
(b) The employer may:
(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer;or
(ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer,provided that the employer pays the employee as set out in paragraph (c).
(c) If the employer acts as mentioned in paragraph (b)(ii),the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role,and the ordinary rate of pay (also inclusive of all-purpose allowances and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.
12.2 Employee leaving during redundancy notice period
(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.
(b) The employee is entitled to receive the benefits and payments they would have received under clause 12 or under sections 119–123 of the Act had they remained in employment until the expiry of the notice.
(c) However,the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.
12.3 Job search entitlement
(a) Where an employer has given notice of termination to an employee in circumstances of redundancy,the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.
(b) If an employee is allowed time off without loss of pay of more than one day under paragraph (a),the employee must,at the request of the employer,produce proof of attendance at an interview.
(c) A statutory declaration is sufficient for the purpose of paragraph (b).
(d) An employee who fails to produce proof when required under paragraph (b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clauses 11.2 and 11.3.
Part 4—Minimum Wages and Related Matters
14. Allowances for crew on all vessels
[Varied by PR997967,PR509124,PR522955,PR536758,PR551681,PR566772,PR579879,PR592194,PR593868,PR606419,PR707509]
13.1 Adult employee minimum wages
(a) Overnight Charter Employees
The classifications and minimum wages for full-time and part-time adult Overnight Charter Employees are set out in the following table:
[13.1(a) varied by PR997967,PR509124,PR522955,PR536758,PR551681,PR566772,PR579879,PR592194,PR606419,PR707509 ppc 01Jul19]
Classification | Daily rate |
Crew Level 1 | 159.46 |
Crew Level 2 | 169.21 |
Crew Level 3 | 176.73 |
Dive Master/Dive Instructor | 176.73 |
Coxswain | 190.90 |
Master V | 242.71 |
Master IV | 272.21 |
(b) The wage rates set above have been calculated to include compensation for weekend and public holiday penalties.
(c) An Overnight Charter Employee employed on a casual basis will be paid at the rate of the daily rate plus 25% for all work performed within the ordinary hours of work prescribed by clause 20—Ordinary hours of work and rostering.
13.2 Non-overnight Charter Employees
(a) The classifications and minimum wages for full-time and part-time adult Non-overnight Charter Employees are set out in the following table:
[13.2(a) varied by PR997967,PR509124,PR522955,PR536758,PR551681,PR566772,PR579879,PR592194,PR606419,PR707509 ppc 01Jul19]
Classification | Weekly rate |
$ | |
Crew Level 1 | 742.10 |
Crew Level 2 | 816.30 |
Coxswain | 889.00 |
Engineer MED III | 893.10 |
Master V | 893.10 |
Engineer MED II | 909.40 |
Master IV | 909.40 |
Engineer MED I | 999.70 |
(b) A Non-overnight Charter Employee engaged on a casual basis will be paid at the rate of ordinary time plus 25% for all work performed within the ordinary hours of work prescribed by clause 20.
13.3 Junior rates
(a) Junior Crew Levels 1,2 and 3
Years of age | Percentages |
At 16 years of age | 50 |
At 17 years of age | 60 |
At 18 years of age | 75 |
At 19 years of age | 90 |
Such percentages will be calculated to the nearest $0.05,any broken part of $0.05 in the result not exceeding half of $0.05 being disregarded.
(b) An employee under 20 years of age who holds a Master’s Certificate and is employed to perform the duties of a master will be paid the appropriate rate of pay for a master prescribed by clauses 13.1(a) and 13.2(a).
13.4 Supported wage system
See Schedule C
13.5 National training wage
[13.5 substituted by PR593868 ppc 01Jul17]
(a) Schedule E to the Miscellaneous Award 2010 sets out minimum wage rates and conditions for employees undertaking traineeships.
[13.5(b) varied by PR606419,PR707509 ppc 01Jul19]
(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2010 as at 1 July 2019. Provided that any reference to “this award”in Schedule E to the Miscellaneous Award 2010 is to be read as referring to the Marine Tourism and Charter Vessels Award 2010 and not the Miscellaneous Award 2010.
14. Allowances for crew on all vessels
To view the current monetary amounts of work-related allowances refer to the Allowances Sheet.
[Varied by PR998114,PR509245,PR523075,PR536878,PR551801,PR566902,PR579599,PR592348,PR606571,PR704167,PR707736]
14.1 Meals and living away from home
(a) Whilst on an overnight charter every Overnight Charter Employee will be provided with:
(i) proper meals;
(ii) a bed;and
(iii) clean linen once a week,for which the employer will be responsible for the laundering.
(b) Meals,tea,sugar,milk and coffee will be provided on all vessels for all employees under this award at the employer’s expense.
14.2 Meals on overtime
[14.2 varied by PR998114,PR509245,PR523075,PR536878, PR551801,PR566902,PR579599,PR592348,PR606571,PR704167,PR707736 ppc 01Jul19]
When an employee,including a casual,is required to work overtime in excess of one and a half hours before or after the usual commencing time,the employee will be provided free of cost with a suitable meal and will be provided with a further suitable meal every four hours thereafter while overtime continues or be paid instead the amount of $12.79.
14.3 Uniform allowance
Where employees are required to wear uniforms,these will be provided by the employer at no cost to the employee or,instead,the employer will pay to the employee $12.37 per week.
14.4 Compensation for personal effects
[14.4 varied by PR998114,PR509245,PR523075,PR536878, PR551801,PR566902,PR579599,PR592348,PR606571,PR704167,PR707736 ppc 01Jul19]
If,by fire,explosion,foundering,shipwreck,collision,stranding or any other cause whatsoever not attributable to the employee’s neglect,an employee should sustain damage to or loss of their personal effects or equipment,such equipment being necessary for the performance of their duties,the employer will compensate the employee for such damage or loss by cash payment equivalent to the value thereof to a maximum of $1203,provided that this amount or any part thereof will not be payable where loss is recovered through workers compensation insurance.
Excluding any employee employed as a MED,employees required to hold a MED certificate are to be paid a daily allowance for the duration of each voyage,charter or tour as follows:
Certificate | Daily allowance |
MED II | 15.74 |
MED III | 7.87 |
14.6 Outer reef work
Where the itinerary requires outer reef work,a master is to be paid a daily outer reef allowance of 7.87% of the standard rate for the duration of the voyage,charter or tour.
14.7 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 |
Meal allowance | Take away and fast foods sub-group |
Uniform allowance | Clothing and footwear group |
Compensation for | All groups |
[Varied by PR994460;deleted by PR561478 ppc 05Mar15]
[Varied by PR994460,PR503726;deleted by PR561478 ppc 05Mar15]
17.1 An employee who is required to do work for which a higher rate is fixed than that provided for their ordinary duties will,if such work exceeds a total of four hours on any day,be paid for all work done on such day at the higher rate.
17.2 If such work does not exceed four hours on any day the employee will be paid the higher rate for the actual time worked.
[Varied by PR610127]
18.1 Wages will be paid either weekly or fortnightly. Payment will be made to the employee no later than Thursday in each pay cycle.
18.2 The employer may elect to pay wages either in cash or by electronic funds transfer into an account nominated by the employee with a bank or other financial institution. Provided that the employer and an employee may agree that wages be paid in cash.
18.3 Where a public holiday falls on the normal pay day or the day following the normal pay day,the wages will be paid on the ordinary working day preceding the normal pay day,or on another day if agreed between the employer and an employee.
18.4 Payment on termination of employment
[18.4 inserted by PR610127 ppc 01Nov18]
(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 paragraph (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:Paragraph (b) allows the Commission to make an order delaying the requirement to make a payment under this clause. For example,the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under s.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 s.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.
[Varied by PR994460,PR546078]
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.
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 PR994460 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 one of the following superannuation funds or its successor:
(a) Sunsuper;
(b) REST Superannuation;
[19.4(c) varied by PR546078 ppc 01Jan14]
(c) any superannuation fund 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 and is a fund that offers a MySuper product or is an exempt public sector scheme;or
[19.4(d) inserted by PR546078 ppc 01Jan14]
(d) a superannuation fund or scheme which the employee is a defined benefit member of.
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
22. Overtime and penalty rates
22A. Requests for flexible working arrangements
20. Ordinary hours of work and rostering
[Varied by PR994460]
20.1 Maximum weekly hours and requests for flexible working arrangements are provided for in the NES.
20.2 Ordinary hours of work—Non-overnight Charter Employees
For Non-overnight Charter Employees the ordinary hours:
(a) must not exceed 38 hours per week averaged over a period of 12 months;
(b) must be a minimum of two hours and a maximum of 12 hours on any one day within the spread of hours prescribed in clause 20.2(c);and
[20.2(c) varied by PR994460 from 01Jan10]
(c) may be worked on any day of the week Monday to Saturday between the hours of 6.00 am and 2.00 am the next day or during any other six day period in any week mutually agreed upon between an employer and an employee and of which period the employer has given at least 14 days’written notice to the employee.
20.3 Ordinary hours of work—Overnight Charter Employees
For Overnight Charter Employees the ordinary hours:
(a) must not exceed 38 hours per week averaged over a period of 12 months;
(b) must not exceed 20 days in any 28 day roster cycle;or
(c) must not exceed a maximum of 12 ordinary hours on any one day.
20.4 Charters will be paid at the following percentage of the daily rate:
Charter length | % of daily rate |
Half day charter * | 50 |
Day charter ** | 100 |
1 day/1 night | 150 |
2 days/1 night | 200 |
2 days/2 nights | 250 |
3 days/2 nights | 300 |
3 days/3 nights | 350 |
4 days/3 nights | 400 |
4 days/4 nights | 450 |
* Half day charter:No nights,with a duration of up to four hours
** Day charter:No nights,with a duration of more than four hours
This classifying system continues for all longer trips following the same pattern,and recognises that back to back departures are calculated as a single charter.
(a) Employees must not be rostered to work within 10 hours of the cessation of their previous rostered charter or trip.
(b) Should an employee be rostered to work so that such employee will not have at least 10 consecutive hours off between rostered duty times then the employee must,subject to clause 20.5(c),be released from work until the employee has had 10 consecutive hours off between rostered duty times.
(c) If,on the instructions of the employer,such employee resumes or continues work without having had 10 consecutive hours off between rostered periods of duty,the employee will be paid double rates until the employee is released from rostered duty at which stage the employee will be entitled to be absent until the employee has had 10 consecutive hours off rostered duty without loss of pay for ordinary working time occurring during such absence.
(d) Provided that for the purpose of clause 20.5,eight hours will be substituted for 10 hours where there is a changeover of rosters or where the employee and employer mutually agree in writing to do so.
20.6 Notice to employees regarding employment of more than seven consecutive days
Where an employee is to be in employment for more than seven consecutive days,an employer will give as much notice as is reasonably practicable to an employee of the times during which they are to work on days other than their rest days.
20.7 Rest day
(a) At the commencement of employment or as soon as practicable thereafter,an employer will inform each employee of the days on which the employee will be required to work and which days are to be rest days. Days may be altered by agreement or by the employer giving at least 14 days’written notice to the employee.
(b) All time worked by an employee on a rest day will be overtime and must be paid for a minimum of four hours.
20.8 Make-up time
(a) An employee may elect,with the consent of the employer,to work make-up time,under which the employee takes time off during ordinary hours and works those hours at a later time during the spread of ordinary hours provided in the award,at the ordinary rate of pay.
(b) An employee on shiftwork may elect,with the consent of the employer,to work make-up time at the shiftwork rate which would have been applicable to the hours taken off.
21.1 Meal breaks
(a) All employees will be allowed time for unpaid meal breaks during the course of their working day provided that the time allowed for such meal must be not less than half an hour.
(b) The actual time for a meal will be by agreement between the employee and the employer concerned appropriate to the operational requirements of the particular vessel.
21.2 Rest pauses
Each employee is entitled to a 10 minute rest pause during the morning and afternoon without loss of pay,to be taken at a time mutually agreed between the employer and the employee.
22. Overtime and penalty rates
[Varied by PR584118]
22.1 Non-overnight Charter Employees
All time worked by Non-overnight Charter Employees (other than casual employees) in excess of:
●12 hours per day;or
● the average ordinary hours per week as per clause 20.2(a),
is overtime and must be paid at one and a half times the employee’s ordinary rate for the first two hours and double time thereafter calculated hourly.
22.2 Overnight Charter Employees
All time worked by Overnight Charter Employees in excess of:
●12 hours per day;
●20 days in a 28 day cycle,or
●the average ordinary hours as per clause 20.3(a) ,
is overtime and must be paid at one and a half times the employee’s ordinary rate for the first two hours and double the ordinary rate thereafter calculated hourly.
22.3 Time off instead of payment for overtime
[22.3 inserted by PR584118 ppc 22Aug16]
(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.
(b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 22.3.
(c) An agreement must state each of the following:
(i) the number of overtime hours to which it applies and when those hours were worked;
(ii) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;
(iii) that,if the employee requests at any time,the employer must pay the employee,for overtime covered by the agreement but not taken as time off,at the overtime rate applicable to the overtime when worked;
(iv) that any payment mentioned in subparagraph (iii) must be made in the next pay period following the request.
Note:An example of the type of agreement required by this clause is set out at Schedule H. There is no requirement to use the form of agreement set out at Schedule H. An agreement under clause 22.3 can also be made by an exchange of emails between the employee and employer,or by other electronic means.
(d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.
EXAMPLE:By making an agreement under clause 22.3 an employee who worked 2 overtime hours is entitled to 2 hours’time off.
(i) within the period of 6 months after the overtime is worked;and
(ii) at a time or times within that period of 6 months agreed by the employee and employer.
(f) If the employee requests at any time,to be paid for overtime covered by an agreement under clause 22.3 but not taken as time off,the employer must pay the employee for the overtime,in the next pay period following the request,at the overtime rate applicable to the overtime when worked.
(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in paragraph (e),the employer must pay the employee for the overtime,in the next pay period following those 6 months,at the overtime rate applicable to the overtime when worked.
(h) The employer must keep a copy of any agreement under clause 22.3 as an employee record.
(i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make,or not make,an agreement to take time off instead of payment for overtime.
(j) An employee may,under section 65 of the Act,request to take time off,at a time or times specified in the request or to be subsequently agreed by the employer and the employee,instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 22.3 will apply,including the requirement for separate written agreements under paragraph (b) for overtime that has been worked.
Note:If an employee makes a request under section 65 of the Act for a change in working arrangements,the employer may only refuse that request on reasonable business grounds (see section 65(5) of the Act).
(k) If,on the termination of the employee’s employment,time off for overtime worked by the employee to which clause 22.3 applies has not been taken,the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.
Note: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 22.3.
22A. Requests for flexible working arrangements
[22A inserted by PR701496 ppc 01Dec18]
22A.1 Employee may request change in working arrangements
Clause 22A applies where an employee has made a request for a change in working arrangements under s.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 s.65(1A).
Note 2:An employer may only refuse a s.65 request for a change in working arrangements on ‘reasonable business grounds’(see s.65(5) and (5A)).
Note 3:Clause 22A is an addition to s.65.
22A.2 Responding to the request
Before responding to a request made under s.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 s.65 request within 21 days,stating whether the employer grants or refuses the request (s.65(4)).
Note 2:If the employer refuses the request,the written response must include details of the reasons for the refusal (s.65(6)).
22A.3 What the written response must include if the employer refuses the request
Clause 22A.3 applies if the employer refuses the request and has not reached an agreement with the employee under clause 22A.2.
(a) The written response under s.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.
(b) If the employer and employee could not agree on a change in working arrangements under clause 22A.2,the written response under s.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.
22A.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 22A.2 on a change in working arrangements that differs from that initially requested by the employee,the employer must provide the employee with a written response to their request setting out the agreed change(s) in working arrangements.
22A.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 22A,can be dealt with under clause 9—Dispute resolution.
Part 6—Leave and Public Holidays
24. Personal/carer’s leave and compassionate leave
27. Leave to deal with Family and Domestic Violence
[Varied by PR583029]
23.1 Annual leave is provided for in the NES.
23.2 Conversion to hourly entitlement
An employer may reach agreement with the majority of employees concerned to convert the annual leave entitlement in s.87 of the Act to an hourly entitlement for administrative ease (i.e. 152 hours for a full-time employee entitled to four weeks of annual leave).
The terms of the NES prescribe the basis for payment for annual leave,including payment for untaken leave upon the termination of employment. In addition to the terms of the NES,an employer is required to pay an additional leave loading of 17.5% calculated on an employee’s ordinary time rate of pay.
[23.4 renamed and substituted by PR583029 ppc 29Jul16]
Note:Clauses 23.4 to 23.6 contain provisions,additional to the National Employment Standards,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 Fair Work 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 23.5 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 23.6 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
23.5 Excessive leave accruals:direction by employer that leave be taken
[New 23.5 inserted by PR583029 ppc 29Jul16]
(a) If an employer has genuinely tried to reach agreement with an employee under clause 23.4(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 paragraph (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 23.4,23.5 or 23.6 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 paragraph (a) that is in effect.
(d) An employee to whom a direction has been given under paragraph (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 paragraph (d) may result in the direction ceasing to have effect. See clause 23.5(b)(i).
Note 2:Under section 88(2) of the Fair Work Act,the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
23.6 Excessive leave accruals:request by employee for leave
[New 23.6 inserted by PR583029;substituted by PR583029 ppc 29Jul17]
(a) If an employee has genuinely tried to reach agreement with an employer under clause 23.4(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 paragraph (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 23.5(a) that,when any other paid annual leave arrangements (whether made under clause 23.4,23.5 or 23.6 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 paragraph (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 23.4,23.5 or 23.6 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 paragraph (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 paragraph (a).
[23.5 renumbered as 23.7 by PR583029 ppc 29Jul16;23.7 renamed and substituted by PR583029 ppc 29Jul16]
(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.
(b) An agreement must:
(i) state the amount of leave to be taken in advance and the date on which leave is to commence;and
(ii) be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.
Note:An example of the type of agreement required by clause 23.7 is set out at Schedule F. There is no requirement to use the form of agreement set out at Schedule F.
(c) The employer must keep a copy of any agreement under clause 23.7 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 23.7,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.
23.8 Payment of additional leave loading on termination
[23.6 renumbered as 23.8 by PR583029 ppc 29Jul16]
On termination of employment,an employee entitled to payment in place of annual leave must be paid pro rata the loading provided for in clause 23.3.
23.9 Cashing out of annual leave
[23.9 inserted by PR583029 ppc 29Jul16]
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 23.9.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 23.9.
(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 23.9 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 23.9 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 23.9 as an employee record.
Note 1:Under section 344 of the Fair Work Act,an employer must not exert undue influence or undue pressure on an employee to make,or not make,an agreement under clause 23.9.
Note 2:Under section 345(1) of the Fair Work Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 23.9.
Note 3:An example of the type of agreement required by clause 23.9 is set out at Schedule G. There is no requirement to use the form of agreement set out at Schedule G.
24. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
Community service leave is provided for in the NES.
26.1 Public holidays are provided for in the NES.
26.2 Overnight Charter Employees
For the avoidance of doubt,Overnight Charter Employees are not entitled to the payment of loading for work performed on public holidays in accordance with clause 26.3.
26.3 Non-overnight Charter Employees
(a) Christmas Day
Non-overnight Charter Employees who required to work on Christmas Day will be paid triple time for a minimum of four hours.
(b) Public holidays other than Christmas Day
Non-overnight Charter Employees who are required to work on public holidays,other than Christmas Day (in respect of which the provisions this clause apply) will be paid ordinary time and have an extra day added to their annual leave entitlement or,alternatively,be paid double time for such work.
(c) Where the part-time employee’s normal rostered hours fall on a public holiday prescribed in the NES and work is not performed by the employee,such employee must not lose pay for the day.
27. Leave to deal with Family and Domestic Violence
[27 inserted by PR609422 ppc 01Aug18]
27.1 This clause applies to all employees,including casuals.
27.2 Definitions
family and domestic violence means violent,threatening or other abusive behaviour by a family member of an employee that seeks to coerce or control the employee and that causes them harm or to be fearful.
family member means:
(i) a spouse,de facto partner,child,parent,grandparent,grandchild or sibling of the employee;or
(ii) a child,parent,grandparent,grandchild or sibling of a spouse or de facto partner of the employee;or
(iii) a person related to the employee according to Aboriginal or Torres Strait Islander kinship rules.
(b) A reference to a spouse or de facto partner in the definition of family member in clause 27.2(a) includes a former spouse or de facto partner.
27.3 Entitlement to unpaid leave
An employee is entitled to 5 days’unpaid leave to deal with family and domestic violence,as follows:
(a) the leave is available in full at the start of each 12 month period of the employee’s employment;and
(b) the leave does not accumulate from year to year;and
(c) is available in full to part-time and casual employees.
Note:1. A period of leave to deal with family and domestic violence may be less than a day by agreement between the employee and the employer.
2. The employer and employee may agree that the employee may take more than 5 days’unpaid leave to deal with family and domestic violence.
An employee may take unpaid leave to deal with family and domestic violence if the employee:
(a) is experiencing family and domestic violence;and
(b) needs to do something to deal with the impact of the family and domestic violence and it is impractical for the employee to do that thing outside their ordinary hours of work.
Note:The reasons for which an employee may take leave include making arrangements for their safety or the safety of a family member (including relocation),attending urgent court hearings,or accessing police services.
27.5 Service and continuity
The time an employee is on unpaid leave to deal with family and domestic violence does not count as service but does not break the employee’s continuity of service.
27.6 Notice and evidence requirements
(a) Notice
An employee must give their employer notice of the taking of leave by the employee under clause 27. The notice:
(i) must be given to the employer as soon as practicable (which may be a time after the leave has started);and
(ii) must advise the employer of the period,or expected period,of the leave.
(b) Evidence
An employee who has given their employer notice of the taking of leave under clause 27 must,if required by the employer,give the employer evidence that would satisfy a reasonable person that the leave is taken for the purpose specified in clause 27.4.
Note:Depending on the circumstances such evidence may include a document issued by the police service,a court or a family violence support service,or a statutory declaration.
27.7 Confidentiality
(a) Employers must take steps to ensure information concerning any notice an employee has given,or evidence an employee has provided under clause 27.6 is treated confidentially,as far as it is reasonably practicable to do so.
(b) Nothing in clause 27 prevents an employer from disclosing information provided by an employee if the disclosure is required by an Australian law or is necessary to protect the life,health or safety of the employee or another person.
Note: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.
27.8 Compliance
An employee is not entitled to take leave under clause 27 unless the employee complies with clause 27.
(a)
Schedule A—Transitional Provisions
[Varied by PR991602,PR503726]
A.1 General
A.1.1 The provisions of this schedule deal with minimum obligations only.
A.1.2 The provisions of this schedule are to be applied:
(a) when there is a difference,in money or percentage terms,between a provision in a relevant transitional minimum wage instrument (including the transitional default casual loading) or award-based transitional instrument on the one hand and an equivalent provision in this award on the other;
(b) when a loading or penalty in a relevant transitional minimum wage instrument or award-based transitional instrument has no equivalent provision in this award;
(c) when a loading or penalty in this award has no equivalent provision in a relevant transitional minimum wage instrument or award-based transitional instrument;or
(d) when there is a loading or penalty in this award but there is no relevant transitional minimum wage instrument or award-based transitional instrument.
A.2 Minimum wages –existing minimum wage lower
A.2.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:
(a) was obliged,
(b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or
(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged
by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage lower than that in this award for any classification of employee.
A.2.2 In this clause minimum wage includes:
(a) a minimum wage for a junior employee,an employee to whom training arrangements apply and an employee with a disability;
(b) a piecework rate;and
(c) any applicable industry allowance.
A.2.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.
A.2.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.2.3 is referred to as the transitional amount.
A.2.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award minus the specified proportion of the transitional amount:
First full pay period on or after | |
1 July 2010 | 80% |
1 July 2011 | 60% |
1 July 2012 | 40% |
1 July 2013 | 20% |
A.2.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review.
A.2.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
A.3 Minimum wages –existing minimum wage higher
A.3.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:
(a) was obliged,
(b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or
(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged
by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage higher than that in this award for any classification of employee.
A.3.2 In this clause minimum wage includes:
(a) a minimum wage for a junior employee,an employee to whom training arrangements apply and an employee with a disability;
(b) a piecework rate;and
(c) any applicable industry allowance.
A.3.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.
A.3.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.3.3 is referred to as the transitional amount.
A.3.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award plus the specified proportion of the transitional amount:
First full pay period on or after | |
1 July 2010 | 80% |
1 July 2011 | 60% |
1 July 2012 | 40% |
1 July 2013 | 20% |
A.3.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review. If the transitional amount is equal to or less than any increase in minimum wages resulting from the 2010 annual wage review the transitional amount is to be set off against the increase and the other provisions of this clause will not apply.
A.3.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
A.4 Loadings and penalty rates
For the purposes of this schedule loading or penalty means a:
●casual or part-time loading;
●Saturday,Sunday,public holiday,evening or other penalty;
●shift allowance/penalty.
A.5 Loadings and penalty rates –existing loading or penalty rate lower
A.5.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:
(a) was obliged,
(b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or
(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged
by the terms of a transitional minimum wage instrument or an award-based transitional instrument to pay a particular loading or penalty at a lower rate than the equivalent loading or penalty in this award for any classification of employee.
A.5.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument for the classification concerned.
A.5.3 The difference between the loading or penalty in this award and the rate in clause A.5.2 is referred to as the transitional percentage.
A.5.4 From the following dates the employer must pay no less than the loading or penalty in this award minus the specified proportion of the transitional percentage:
First full pay period on or after | |
1 July 2010 | 80% |
1 July 2011 | 60% |
1 July 2012 | 40% |
1 July 2013 | 20% |
A.5.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
A.6 Loadings and penalty rates –existing loading or penalty rate higher
A.6.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:
(a) was obliged,
(b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or
(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged
by the terms of a transitional minimum wage instrument or an award-based transitional instrument to pay a particular loading or penalty at a higher rate than the equivalent loading or penalty in this award,or to pay a particular loading or penalty and there is no equivalent loading or penalty in this award,for any classification of employee.
A.6.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument.
A.6.3 The difference between the loading or penalty in this award and the rate in clause A.6.2 is referred to as the transitional percentage. Where there is no equivalent loading or penalty in this award,the transitional percentage is the rate in A.6.2.
A.6.4 From the following dates the employer must pay no less than the loading or penalty in this award plus the specified proportion of the transitional percentage:
First full pay period on or after | |
1 July 2010 | 80% |
1 July 2011 | 60% |
1 July 2012 | 40% |
1 July 2013 | 20% |
A.6.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
A.7 Loadings and penalty rates –no existing loading or penalty rate
A.7.1 The following transitional arrangements apply to an employer not covered by clause A.5 or A.6 in relation to a particular loading or penalty in this award.
A.7.2 Prior to the first full pay period on or after 1 July 2010 the employer need not pay the loading or penalty in this award.
A.7.3 From the following dates the employer must pay no less than the following percentage of the loading or penalty in this award:
First full pay period on or after | |
1 July 2010 | 20% |
1 July 2011 | 40% |
1 July 2012 | 60% |
1 July 2013 | 80% |
A.7.4 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
A.8 Former Division 2B employers
[A.8 inserted by PR503726 ppc 01Jan11]
A.8.1 This clause applies to an employer which,immediately prior to 1 January 2011,was covered by a Division 2B State award.
A.8.2 All of the terms of a Division 2B State award applying to a Division 2B employer are continued in effect until the end of the full pay period commencing before 1 February 2011.
A.8.3 Subject to this clause,from the first full pay period commencing on or after 1 February 2011 a Division 2B employer must pay no less than the minimum wages,loadings and penalty rates which it would be required to pay under this Schedule if it had been a national system employer immediately prior to 1 January 2010.
A.8.4 Despite clause A.8.3,where a minimum wage,loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was lower than the corresponding minimum wage,loading or penalty rate in this award,nothing in this Schedule requires a Division 2B employer to pay more than the minimum wage,loading or penalty rate in this award.
A.8.5 Despite clause A.8.3,where a minimum wage,loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was higher than the corresponding minimum wage,loading or penalty rate in this award,nothing in this Schedule requires a Division 2B employer to pay less than the minimum wage,loading or penalty rate in this award.
A.8.6 In relation to a Division 2B employer this Schedule commences to operate from the beginning of the first full pay period on or after 1 January 2011 and ceases to operate from the beginning of the first full pay period on or after 1 July 2014.
Schedule B—Classification Structure and Definitions
[Varied by PR991602,PR994460,PR544015,PR544373,PR546131]
B.1 Application of this schedule
The classification structure and definitions set out in clause B.2 apply to employees covered by this award,except where otherwise specified.
B.2.1 Crew Level 1
(a) This wage level is for the first three months of employment (probationary period). During this timeframe the five day Introduction Deckhand Course may be completed by the new employee.
[B.2.1(b) varied by PR994460 from 01Jan10]
(b) Duties include but are not limited to:
●the service,hospitality and entertainment of passengers;
●the preparation of the vessel for departure/s;
●the setting,trimming,and striking of sails as required;
●the stocking and dispensing of liquor under direction of licensee;
●the preparation of meals;
●the ordering of stores;and
●the performance of duties as required by the immediate supervisor,Coxswain or Master.
(c) Qualification training is not mandatory.
B.2.2 Crew Level 2
[B.2.2 substituted by PR544015;corrected by PR544373;substituted by PR546131 ppc 19Dec13]
(a) After completing the first three months of employment (probationary period) and upon the completion of the Introduction Deckhand Course or relevant experience/qualifications as determined by the employer,the employees’wage level will rise to that of the Crew Level 2 wage.
(b) Duties include all those of a Crew Level 1 employee,usually to a higher level of competence than a Crew Level 1 employee.
B.2.3 Crew Level 3
(a) A qualified crew member who obtains the qualification of Coxswain Ticket enabling the employee to drive a tender within two nautical miles of the mothership.
(b) Duties include all those of Crew Levels 1 and 2,usually to a higher level of competence than a Crew Level 1 or 2 employee.
B.2.4 Dive Master/Diver Instructor
An employee at this level will perform all diving duties as required,including:
●instructing and supervising diving operations;
●ensuring adherence to all legislative and regulatory requirements;
●preparing vessels for departure and setting,trimming and striking sails as required;
●stocking and dispensing liquor under supervision of the licensee;
●preparation of meals;
●ordering of stores;and
●the performance of duties related to the operation of the vessel as required by the immediate supervisor,Coxswain or Master.
B.2.5 Coxswain
An employee at this level will:
●navigate vessel of class coxswain status;
●ensure the safe operation of the vessel;
●supervise the crew and entertain passengers;and
●perform routine and preventative maintenance as required.
B.2.6 Engineer MED III
An employee at this level will:
●engineer a vessel requiring a MED III certificate;
●ensure the proficient operation of the vessel plant and equipment;and
●perform routine and preventative maintenance as required.
B.2.7 Master V
An employee at this level will:
●navigate a vessel of class V status;
●ensure the safe operation of the vessel;
●supervise the crew and entertain passengers;and
●perform routine and preventative maintenance as required.
B.2.8 Engineer MED II
An employee at this level will:
●engineer a vessel requiring a MED II certificate;
●ensure the proficient operation of the vessel plant and equipment;and
●perform routine and preventative maintenance as required.
B.2.9 Master IV
An employee at this level will:
●Navigate a vessel of class IV status;
●ensure the safe operation of the vessel;
●supervise the crew and entertain passengers;and
●perform routine and preventative maintenance as required.
B.2.10 Engineer MED I
An employee at this level will:
●engineer a vessel requiring a MED I certificate;
●ensure the proficient operation of the vessel plant and equipment;and
●perform routine and preventative maintenance as required.
Schedule C—Supported Wage System
[Varied by PR991602,PR994460,PR998748,PR510670,PR525068,PR537893,PR542213,PR551831,PR568050,PR581528,PR592689,PR606630,PR709080]
C.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
[C.2 varied by PR568050 ppc 01Jul15]
C.2 In this schedule:
approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth),as amended from time to time,or any successor to that scheme
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged
supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability,as documented in the Supported Wage System Handbook. The Handbook is available from the following website:www.jobaccess.gov.au
SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate
C.3 Eligibility criteria
C.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award,because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
C.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
C.4 Supported wage rates
C.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:
Assessed capacity (clause C.5) % | Relevant minimum wage % |
10 | 10 |
20 | 20 |
30 | 30 |
40 | 40 |
50 | 50 |
60 | 60 |
70 | 70 |
80 | 80 |
90 | 90 |
[C.4.2 varied by PR994460,PR998748,PR510670,PR525068,PR537893,PR551831,PR568050,PR581528,PR592689,PR606630,PR709080 ppc 01Jul19]
C.4.2 Provided that the minimum amount payable must be not less than $87 per week.
C.4.3 Where an employee’s assessed capacity is 10%,they must receive a high degree of assistance and support.
C.5.1 For the purpose of establishing the percentage of the relevant minimum wage,the productive capacity of the employee will be assessed in accordance with the Supported Wage System by an approved assessor,having consulted the employer and employee and,if the employee so desires,a union which the employee is eligible to join.
C.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement,and retained by the employer as a time and wages record in accordance with the Act.
C.6 Lodgement of SWS wage assessment agreement
[C.6.1 varied by PR542213 ppc 04Dec13]
C.6.1 All SWS wage assessment agreements under the conditions of this schedule,including the appropriate percentage of the relevant minimum wage to be paid to the employee,must be lodged by the employer with the Fair Work Commission.
[C.6.2 substituted by PR994460 from 01Jan10;varied by PR542213 ppc 04Dec13]
C.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment,the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
C.7 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the supported wage system.
C.8 Other terms and conditions of employment
Where an assessment has been made,the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.
C.9 Workplace adjustment
An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties,working time arrangements and work organisation in consultation with other workers in the area.
C.10 Trial period
C.10.1 In order for an adequate assessment of the employee’s capacity to be made,an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks,except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.
C.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
[C.10.3 varied by PR994460,PR998748,PR510670,PR525068,PR537893,PR551831,PR568050,PR581528,PR592689,PR606630,PR709080 ppc 01Jul19]
C.10.3 The minimum amount payable to the employee during the trial period must be no less than $87 per week.
C.10.4 Work trials should include induction or training as appropriate to the job being trialled.
C.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period,a further contract of employment will be entered into based on the outcome of assessment under clause C.5.
Schedule D—National Training Wage
[Varied by PR991602;substituted by PR994460;varied by PR994460,PR997967,PR509124,PR522955,PR536758,PR545787,PR551681,PR566772,PR579879;deleted by PR593868 ppc 01Jul17]
Schedule E—Part-day Public Holidays
[Sched E inserted by PR532631 ppc 23Nov12;renamed and varied by PR544519 ppc 21Nov13;renamed and varied by PR557581,PR573679,PR580863,PR598110,PR701683 ppc 21Nov18]
This schedule operates in conjunction with award provisions dealing with public holidays.
E.1 Where a part-day public holiday is declared or prescribed between 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 between 7.00 pm and midnight but as a result of exercising their right under the NES does not work,they will be paid their ordinary rate of pay for such hours not worked.
(c) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight but as a result of being on annual leave does not work,they will be taken not to be on annual leave between those hours of 7.00 pm and midnight that they would have usually been rostered to work and will be paid their ordinary rate of pay for such hours.
(d) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight,but as a result of having a rostered day off (RDO) provided under this award,does not work,the employee will be taken to be on a public holiday for such hours and paid their ordinary rate of pay for those hours.
(e) Excluding annualised salaried employees to whom clause E.1(f) applies,where an employee works any hours between 7.00 pm and midnight they will be entitled to the appropriate public holiday penalty rate (if any) in this award for those hours worked.
(f) Where an employee is paid an annualised salary under the provisions of this award and is entitled under this award to time off in lieu or additional annual leave for work on a public holiday,they will be entitled to time off in lieu or pro-rata annual leave equivalent to the time worked between 7.00 pm and midnight.
(g) An employee not rostered to work between 7.00 pm and midnight,other than an employee who has exercised their right in accordance with clause E.1(a),will not be entitled to another day off,another day’s pay or another day of annual leave as a result of the part-day public holiday.
(h) Nothing in this schedule affects the right of an employee and employer to agree to substitute public holidays.
This schedule is not intended to detract from or supplement the NES.
Schedule F—Agreement to Take Annual Leave in Advance
[Sched F inserted by PR583029 ppc 29Jul16]
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 G—Agreement to Cash Out Annual Leave
[Sched G inserted by PR583029 ppc 29Jul16]
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 H—Agreement for Time Off Instead of Payment for Overtime
[Sched H inserted by PR584118 ppc 22Aug16]
Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.
Name of employee:_____________________________________________
Name of employer:_____________________________________________
The employer and employee agree that the employee may take time off instead of being paid for the following amount of overtime that has been worked by the employee:
Date and time overtime started:___/___/20___ ____ am/pm
Date and time overtime ended:___/___/20___ ____ am/pm
Amount of overtime worked:_______ hours and ______ minutes
The employer and employee further agree that,if requested by the employee at any time,the employer must pay the employee for overtime covered by this agreement but not taken as time off. Payment must be made at the overtime rate applying to the overtime when worked and must be made in the next pay period following the request.
Signature of employee:________________________________________
Date signed:___/___/20___
Name of employer representative:________________________________________
Signature of employer representative:________________________________________
Date signed:___/___/20___