Seagoing Industry Award 2010

The above award was first made on 4 December 2009 [PR991100]

This consolidated version of the award includes variations made on 26 March 2010 [PR994307]; 4 June 2010 [PR997772]; 21 June 2010 [PR998162]; 21 June 2010 [PR997966]; 6 December 2010 [PR503627]; 20 June 2011 [PR509153]; 21 June 2011 [PR509274]; 18 June 2012 [PR522984]; 19 June 2012 [PR523104]; 26 October 2012 [PR530596]; 19 December 2012 [PR532521]; 21 December 2012 [PR532631]; 15 January 2013 [PR533149]; 19 June 2013 [PR536787]; 20 June 2013 [PR536907] ; 21 June 2013 [PR538111]

Applications for Review of award: AM2012/18; AM2012/128; AM2012/134; AM2012/221; AM2012/326; AM2012/346

Table of Contents

[Varied by PR530596, PR532631]

Part 1 - Application and Operation

1.              Title

2.              Commencement and transitional

3.              Definitions and interpretation

4.              Coverage

5.              Access to the award and the National Employment Standards

6.              The National Employment Standards and this award

7.              Award flexibility

Part 2 - Consultation and Dispute Resolution

8.              Consultation regarding major workplace change

9.              Dispute resolution

PART A - ALL VESSELS NOT GRANTED A TEMPORARY LICENCE

Part 3 - Types of Employment and Termination of Employment

10.              Types of employment

11.              Termination of employment

12.              Redundancy

Part 4 - Minimum Wages and Related Matters

13.              Classifications and minimum wage rates

14.              Allowances

15.              Payment of wages

16.              National training wage

Part 5 - Hours of Work and Related Matters

17.              Ordinary hours of work

18.              Breaks

Part 6 - Leave and Public Holidays

19.              Leave

20.              Annual leave

21.              Personal/carer's leave and compassionate leave

22.              Community service leave

23.              Public holidays

Schedule A - Transitional Provisions

Schedule B - National Training Wage

Appendix B1: Allocation of Traineeships to Wage Levels

Schedule C - 2012 Part-day public holidays

PART B - VESSELS GRANTED A TEMPORARY LICENCE

Part 7 - Minimum Wages and Related Matters

24.              Classifications and minimum wage rates

25.              Allowances

Part 8 - Hours of Work and Related Matters

26.              Ordinary hours of work

27.              Overtime

28.              Rest periods

Part 9 - Leave and Public Holidays

29.              Leave

30.              Public holidays

Part 1 - Application and Operation

1.              Title

This award is the Seagoing Industry Award 2010.

2.              Commencement and transitional

[Varied by PR530596]

[2.1 varied by PR530596 ppc 21Aug12]

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

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

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

·              minimum wages and piecework rates

·              casual or part-time loadings

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

·              shift allowances/penalties.

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

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

2.6              Fair Work Australia may review the transitional arrangements:

(a)              on its own initiative; or

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

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

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

3.              Definitions and interpretation

[Varied by PR997772, PR503627, PR538111]

3.1              In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth)

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

AOV means all other vessels

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

cargo includes all freight carried in a ship but does not include bunker fuel and other articles carried for the vessel's use

day means from 12 midnight to the following 12 midnight

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

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

[Definition of employee substituted by PR997772 from 01Jan10]

employee means national system employee within the meaning of the Act

[Definition of employer substituted by PR997772 from 01Jan10]

employer means national system employer within the meaning of the Act

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

home port means the port at which the employee is originally engaged or the port which is agreed upon between the employer and employee concerned

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

on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client

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

seagoing industry means the operation of vessels trading as cargo or passenger vessels which, in the course of such trade, proceed to sea (on voyages outside the limits of bays, harbours or rivers)

standard rate means the aggregate annual salary for the Integrated rating classification for dry cargo vessels of up to 19 000 tonnes (AOV) in clause 13.1(a) divided by 52

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

[Definition of temporary licensed ship inserted by PR538111 ppc 21Jun13]

Temporary Licensed Ship means (for the application of Part B) a ship used to undertake a voyage authorised by a Temporary Licence issued under the Coastal Trading (Revitalising Australian Shipping) Act 2012 (Cth). For the purposes of this definition, 'voyage' has the same meaning as the Coastal Trading (Revitalising Australian Shipping) Act 2012 and applied from the commencement of loading, to carriage of cargo and completion of discharge

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

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

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

4.              Coverage

[Varied by PR530596]

[4.1 substituted by PR530596 ppc 21Aug12]

4.1              This industry award covers employers which are engaged in the seagoing industry and their employees in the classification listed in clause 13 and clause 24 - Classifications and minimum wage rates to the exclusion of any modern award.

4.2              This award covers any employer which supplies labour on an on-hire basis in the industry set out in clause 4.1 in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. This subclause operates subject to the exclusions from coverage in this award.

4.3              This award covers employers which provide group training services for trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. This subclause operates subject to the exclusions from coverage in this award.

4.4              Exclusions

This award does not cover:

(a)              employees who are covered by a modern enterprise award, or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees;

(b)              employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees;

(c)              an employee excluded from award coverage by the Act;

(d)              employers covered by the following awards:

(i)              the Coal Export Terminals Award 2010;

(ii)              the Dredging Industry Award 2010;

(iii)              the Marine Towage Award 2010;

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

(v)              the Port Authorities Award 2010;

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

(vii)              the Stevedoring Industry Award 2010; or

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

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

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

5.              Access to the award and the National Employment Standards

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

6.              The National Employment Standards and this award

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

7.              Award flexibility

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

(a)              arrangements for when work is performed;

(b)              overtime rates;

(c)              penalty rates;

(d)              allowances; and

(e)              leave loading.

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

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

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

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

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

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

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

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

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

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

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

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

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

7.8              The agreement may be terminated:

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

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

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

Part 2 - Consultation and Dispute Resolution

8.              Consultation regarding major workplace change

8.1              Employer to notify

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

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

8.2              Employer to discuss change

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

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

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

9.              Dispute resolution

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

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

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

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

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

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

PART A - ALL VESSELS NOT GRANTED A TEMPORARY LICENCE

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

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

Part 3 - Types of Employment and Termination of Employment

10.              Types of employment

10.1              General

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

(i)              full-time employment; or

(ii)              relief employment.

(b)              At the time of engagement an employer will inform each employee of the terms of their engagement and in particular whether they are to be full-time or relief employees.

10.2              Full-time employment

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

10.3              Relief employment

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

11.              Termination of employment

11.1              Notice of termination is provided for in the NES.

11.2              Notice of termination by an employee

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

12.              Redundancy

12.1              Redundancy arrangements are provided for in the NES.

12.2              Transfer to lower paid duties

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

12.3              Employee leaving during notice period

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

Part 4 - Minimum Wages and Related Matters

13.              Classifications and minimum wage rates

[Varied by PR997966, PR509153, PR522984, PR536787]

13.1              An employee under this award, except as otherwise stated, will be paid at the rate of the aggregate annual salary prescribed in accordance with this clause appropriate to that employee's classification. For the purposes of the following tables, 18 means vessels manned at 18 or below.

(a)              Dry cargo vessels of up to 19 000 tonnes (D.C. Cat 1)

[13.1(a) varied by PR997966, PR509153, PR522984, PR536787 ppc 01Jul13]

*standard rate

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

[13.1(b) varied by PR997966, PR509153, PR522984, PR536787 ppc 01Jul13]

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

[13.1(c) varied by PR997966, PR509153, PR522984, PR536787 ppc 01Jul13]

(d)              Crude tankers

[13.1(d) varied by PR997966, PR509153, PR522984, PR536787 ppc 01Jul13]

(e)              Other (product) tankers

[13.1(e) varied by PR997966, PR509153, PR522984, PR536787 ppc 01Jul13]

(f)              Gas carriers

[13.1(f) varied by PR997966, PR509153, PR522984, PR536787 ppc 01Jul13]

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

13.3              The annual salaries have been fixed on an aggregate basis taking into account all aspects and conditions of employment. The aggregate salaries are based on work for 10 hours per day (70 hours per week) for 27 weeks per year over seven days a week with:

(a)              eight hours per day at ordinary time;

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

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

14.              Allowances

[Varied by PR994307, PR998162, PR509274, PR523104, PR536907]

14.1              Tanker allowance

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

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

14.2              Handling/securing cargo allowances

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

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

(ii)              subject to clause 14.2(a)(iv), 1.49% of the standard rate per hour at any other time, or if the work is done outside the employee's watch on duty, if watches are being kept, or on Saturdays, Sundays or public holidays;

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

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

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

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

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

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

(i)              0.41% for 1.17%;

(ii)              0.48% for 1.49%;

(iii)              0.41% for 1.17%; and

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

14.3              Disturbance of sleep allowance

(a)              When the rest of an employee sleeping onboard a vessel is seriously disturbed by noise from cargo operations between the hours of 11.00 pm and 6.00 am, or during an eight hour rest period, the employee will be paid an allowance of 1.87% of the standard rate per night or rest period so affected.

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

14.4              Vessels wrecked or stranded allowance

If a vessel becomes wrecked or stranded in the course of a voyage and an employee is called upon for special efforts while the vessel is still wrecked or stranded, the employee will, for the time during which the employee so assists, be paid at the rate of 1.3% of the standard rate per hour in addition to any other entitlement under this award.

14.5              Personal effects allowance

[14.5 varied by PR998162, PR509274, PR523104, PR536907 ppc 01Jul13]

If, by fire, explosion, foundering, shipwreck, collision or stranding, an employee should sustain damage to or loss of their personal effects or equipment, the employer will compensate them for such damage or loss by a payment equivalent to the value thereof, not exceeding $3958.00.

14.6              Study allowance

(a)              Eligible employees

This allowance will apply to:

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

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

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

(c)              Conditions for accessing entitlement

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

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

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

(iii)              if the employer so desires, the employee will enter into a written undertaking that the employee will remain in its employment for a period of at least 12 months after sitting for the certificate in question;

(iv)              the entitlement will be confined to the first attempt to obtain the certificate in question; and

(v)              the employee will provide the employer with reasonable proof of satisfactory attendance at the course of study and examination.

(d)              Entitlement

(i)              For approved study outside period of accrued leave - 75% of the eligible employee's salary or wages for the authorised period of study.

(ii)              For approved study during period of accrued leave - a period of additional leave (immediately following the sitting for each certificate), equal to three quarters of the authorised period of study.

(iii)              An employer and an employee may agree to grant the additional leave under clause 14.6(d)(ii) as payment instead of leave.

(iv)              Where an application by an employee to undertake an approved course of study has been approved by the employer, and the employee is subsequently retrenched, the employee will be entitled to payment in accordance with clause 14.6(d)(i). For these purposes, the employee's salary rate will be the rate applicable at the date of termination.

(e)              Living away from home allowance

[14.6(e)(i) varied by PR998162, PR523104, PR536907 ppc 01Jul13]

When it is necessary for an employee to take up temporary residence away from their home port to undertake the approved study, the employee will be entitled to the following living away from home allowance during the authorised period of study:

(i)              $107.49 per week; or

[14.6(e)(ii) varied by PR994307 from 01Jan10, varied by PR998162, PR523104, PR536907 ppc 01Jul13]

(ii)              $151.58 per week (if the employee has a spouse or de facto partner and/or dependent children).

(f)              Authorised period of study

The authorised period of study for eligible employees under this clause will consist of:

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

(ii)              the prescribed examination times; and

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

14.7              Meal and accommodation allowance

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

(i)              where an employee in a vessel is required by the employer to take a meal ashore and/or be accommodated ashore at a port other than at the employee's home port; or

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

(b)              Employees in their home port

Employees in a vessel in their home port will only be entitled to the accommodation allowance set out in clause 14.7(d) when:

(i)              their usual place of residence is not actually located in their home port;

(ii)              accommodation is not provided; and

(iii)              they produce evidence to the reasonable satisfaction of the employer that they properly incurred the particular expenditure.

(c)              Meals whilst travelling by air

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

(i)              the employee is travelling at the employer's expense in accordance with clause 14.7(a); and

(ii)              an in-flight airline meal is not available to the employee whilst travelling during breakfast hours (7.00 am to 9.00 am) and/or lunch hours (12.00 pm to 2.00 pm) and/or dinner hours (5.00 pm to 7.00 pm).

(d)              Entitlement

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

(i)              Daily rates

[14.7(d)(i) varied by PR998162, PR509274, PR523104, PR536907 ppc 01Jul13]

(ii)              Weekly rates

[14.7(d)(ii) varied by PR998162, PR509274, PR523104, PR536907 ppc 01Jul13]

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

14.8              Travel expenses

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

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

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

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

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

·              when the employee's employment is terminated by the employer, except where the employee is dismissed for misconduct and the dismissal is not subsequently overturned; or

·              when the employee terminates their employment at the same time that articles of agreement expire through the passing of time at any port other than at the employee's home port.

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

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

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

14.9              Conveyance

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

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

14.10              Medical expenses

An employee who undergoes a medical examination by a medical inspector of seamen, at the requirement of the employer, or pursuant to requirements under the Navigation Act 1912 (Cth) and relevant Marine Orders, will be reimbursed the cost of the applicable fees by the employer.

14.11              Passports/travel document expenses

An employee who is required by the employer to have and maintain:

(a)              a valid passport;

(b)              any necessary visas; and

(c)              any necessary vaccinations,

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

14.12              Reimbursement of expenses

(a)              The employer will reimburse an employee any expenses reasonably incurred by the employee in the performance of their duties and on behalf of the employer.

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

(i)              expenses in respect of fees incurred by a Master or Deck officer in obtaining or renewing a pilotage exemption certificate in the course of their service with the employer;

(ii)              expenses associated with enquiries as to casualties or as to the conduct of employees and to proceedings for any alleged breach of any maritime or port or other regulations; and

(iii)              reimbursement of reasonable legal costs incurred or fines imposed by a competent tribunal under any applicable environmental legislation provided that the expenses incurred were not due to, or arising from, the employee's personal default or misconduct.

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

14.13              Industrial clothing

(a)              Uniforms

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

(b)              Trappings

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

(c)              Safety shoes and protective clothing

Where an employer requires an employee to purchase any safety shoes and protective clothing (including overalls), the employer must reimburse the employee for the full cost of purchasing such items. Any such clothing will remain the property of the employer.

(d)              Clause 14.13 will have no application where the industrial clothing is supplied to the employee wholly at the employer's expense.

14.14              Adjustment of expense related allowances

(a)              At the time of any adjustment to the standard rate, each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.

(b)              The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:

15.              Payment of wages

15.1              The employer will pay the employee's wages, penalties and allowances at a frequency of not longer than monthly by electronic funds transfer into the employee's nominated bank or other recognised financial institution account.

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

15.3              Salaries will be calculated in the following way:

(a)              the monthly rate - by dividing the annual rate by 12;

(b)              the fortnightly rate - by dividing the annual rate by 26; and

(c)              the daily rate for fortnightly paid employees - by dividing the fortnightly rate by 14.

15.4              An employee will not be entitled to payment of any wages or salary or any other allowance or payment for any period during which a refusal or failure to work as required continues. The non-entitlement will be at the hourly rate of each hour or part of an hour that the employee so refuses or fails to work. The hourly rate for the purposes of this clause will be 1/24th of the appropriate daily rate.

16.              National training wage

See Schedule B

Part 5 - Hours of Work and Related Matters

17.              Ordinary hours of work

[Varied by PR533149]

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

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

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

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

17.5              Minimum hours of rest

[17.5 renamed by PR533149 ppc 15Jan13]

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

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

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

(ii)              The requirements for rest periods laid down in clause 17.5(a)(i) need not be maintained in the case of an emergency or drill or in other overriding operational conditions.

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

(b)              Exception

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

(i)              Clause 17.5(a) does not apply to an employee engaged on a ship in relation to which the Australian Maritime Safety Authority has approved an exception pursuant to clause 15 of Marine Order 28, Issue 4.

(ii)              In circumstances in which clause 17.5(b)(i) applies, an employee must be provided with rest breaks in accordance with the terms of the exception granted by the Australian Maritime Safety Authority.

(c)              Joining a vessel overseas

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

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

18.              Breaks

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

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

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

18.4              Catering employees will take their meal breaks, so far as is practical, within the spread of hours in clause 18.3. Meal breaks may only be curtailed or altered where the Master or another officer deems it necessary to meet the operational requirements of the vessel.

Part 6 - Leave and Public Holidays

19.              Leave

19.1              Leave factor and entitlement to leave

(a)              Subject to clause 19.1(c), for each day of duty on a vessel or a day during which the employee is necessarily involved in travelling to or from a vessel or place of work as required by the employer, an employee will accrue an entitlement to 0.926 of a day's leave without loss of pay.

(b)              Where leave granted is less or more than that actually due, it will be debited or credited to the employee as less or additional leave.

(c)              Leave will not accrue under this clause in relation to the following:

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

(ii)              a day, or that part of a day, during which an employee fails or refuses to attend for or perform work as lawfully required by the employer;

(iii)              any day on which the employee is undertaking an approved course of study or training ashore;

(iv)              when an employee's engagement is less than one day;

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

(vi)              where a leave ratio higher than that contained in clause 19.1(a) operates, in order to give effect to an employee's leave entitlement:

·              days of joining or leaving a vessel; and

·              days of travel to and from a vessel or required place of work despite that work is performed on any such day.

19.2              Calculation of leave entitlement

The leave entitlement in clause 19.1(a) gives effect to, amongst other things:

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

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

(c)              personal/carer's leave;

(d)              compassionate leave; and

(e)              a 35 hour working week.

19.3              Taking of leave

The taking of leave will, as far as practicable, be correlated with the running of the vessel in which the employee is engaged. The period of leave granted will approximate as closely as possible both to the actual amount of leave due to the employee and to the date and time when the employee can most conveniently return to duty.

19.4              Leave in advance

(a)              Where an employee's leave has expired, an employer may require an employee to take up to 14 days of leave in advance. An employee will not be required to take more than 14 days of leave in advance unless:

(i)              there has been prior consent by the employee; or

(ii)              a swing cycle agreement applying to the employee provides otherwise.

(b)              The giving and taking of leave will be arranged having regard to:

(i)              avoidance of delays to a vessel's schedule, the voyaging pattern of the employee's regular vessel and exigencies of the employer's service;

(ii)              the need to correct imbalances in leave and duty periods;

(iii)              the employee's home port;

(iv)              the need to reduce costs of travel; and

(v)              whether the employee has a right to accumulate leave under clause 19.5.

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

19.5              Accumulation of leave for study

A Deck officer or Marine engineer who wishes to take leave for the purposes of an approved course of study in circumstances where the study allowance provisions in clause 14.6 do not apply (e.g. for a second or subsequent attempt at a Certificate of Competency), may accumulate and take their accrued leave in one period, at the time so desired by the employee, provided the employee has given reasonable notice of their intention to the employer.

19.6              Leave during dry docking

Whilst a vessel has ceased operation for the purpose of a survey, overhaul or docking, the employer may require an employee to proceed to their home port to take accrued leave and any leave in advance to the extent permitted by clause 19.4.

19.7              Payment of leave on termination of employment

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

20.              Annual leave

Clause 19.1 of this award gives full effect to the NES entitlements to annual leave.

21.              Personal/carer's leave and compassionate leave

21.1              Clause 19.1 of this award gives full effect to the NES entitlements to personal/carer's leave and compassionate leave.

21.2              Arrangements for taking of personal leave will be governed by the Navigation Act 1912 (Cth).

22.              Community service leave

Community service leave is provided for in the NES.

23.              Public holidays

Clause 19.1 of this award gives full effect to the NES entitlements to public holidays.

Schedule A - Transitional Provisions

[Varied by PR503627]

A.1              General

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

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

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

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

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

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

A.2              Minimum wages - existing minimum wage lower

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

(a)              was obliged,

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

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

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

A.2.2              In this clause minimum wage includes:

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

(b)              a piecework rate; and

(c)              any applicable industry allowance.

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

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

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

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:

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:

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:

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:

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

A.8              Former Division 2B employers

[A.8 inserted by PR503627 ppc 01Jan11]

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

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

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

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

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

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

Schedule B - National Training Wage

[Varied by PR997966, PR509153, PR522984, PR536787]

B.1              Title

This is the National Training Wage Schedule.

B.2              Definitions

In this schedule:

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

approved training means the training specified in the training contract

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

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

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

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

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

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

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

Australian Capital Territory: Training and Tertiary Education Act 2003;

New South Wales: Apprenticeship and Traineeship Act 2001;

Northern Territory: Northern Territory Employment and Training Act 1991;

Queensland: Vocational Education, Training and Employment Act 2000;

South Australia: Training and Skills Development Act 2008;

Tasmania: Vocational Education and Training Act 1994;

Victoria: Education and Training Reform Act 2006; or

Western Australia: Vocational Education and Training Act 1996

trainee is an employee undertaking a traineeship under a training contract

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

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

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

year 10 includes any year before Year 10

B.3              Coverage

B.3.1              Subject to clauses B.3.2 to B.3.6 of this schedule, this schedule applies in respect of an employee covered by this award who is undertaking a traineeship whose training package and AQF certificate level is allocated to a wage level by Appendix B1 to this schedule or by clause B.5.4 of this schedule.

B.3.2              This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in Appendix B1 to this schedule.

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

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

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

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

B.4              Types of Traineeship

The following types of traineeship are available under this schedule:

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

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

B.5              Minimum Wages

[B.5 substituted by PR997966, PR509153, PR522984, PR536787 ppc 01Jul13]

B.5.1              Minimum wages for full-time traineeships

(a)              Wage Level A

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

(b)              Wage Level B

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

(c)              Wage Level C

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

(d)              AQF Certificate Level IV traineeships

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

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

B.5.2              Minimum wages for part-time traineeships

(a)              Wage Level A

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

(b)              Wage Level B

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

(c)              Wage Level C

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

(d)              School-based traineeships

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

(e)              AQF Certificate Level IV traineeships

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

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

(f)              Calculating the actual minimum wage

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

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

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

B.5.3              Other minimum wage provisions

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

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

B.5.4              Default wage rate

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

B.6              Employment conditions

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

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

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

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

Appendix B1: Allocation of Traineeships to Wage Levels

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

B1.1              Wage Level A

B1.2              Wage Level B

B1.3              Wage Level C

Schedule C - 2012 Part-day public holidays

[Sched C inserted by PR532631 ppc 23Nov12]

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

C.1              Where a part-day public holiday is declared or prescribed between 7.00 pm and midnight on Christmas Eve (24 December 2012) or New Year's Eve (31 December 2012) the following will apply on Christmas Eve and New Year's Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:

(a)              All employees will have the right to refuse to work on the part-day public holiday if the request to work is not reasonable or the refusal is reasonable as provided for in the NES.

(b)              Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight but as a result of exercising their right under the NES does not work, they will be paid their ordinary rate of pay for such hours not worked.

(c)              Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight but as a result of being on annual leave does not work, they will be taken not to be on annual leave between those hours of 7.00 pm and midnight that they would have usually been rostered to work and will be paid their ordinary rate of pay for such hours.

(d)              Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight, but as a result of having a rostered day off (RDO) provided under this award, does not work, the employee will be taken to be on a public holiday for such hours and paid their ordinary rate of pay for those hours.

(e)              Excluding annualised salaried employees to whom clause C.1(f) applies, where an employee works any hours between 7.00 pm and midnight they will be entitled to the appropriate public holiday penalty rate (if any) in this award for those hours worked.

(f)              Where an employee is paid an annualised salary under the provisions of this award and is entitled under this award to time off in lieu or additional annual leave for work on a public holiday, they will be entitled to time off in lieu or pro-rata annual leave equivalent to the time worked between 7.00 pm and midnight.

(g)              An employee not rostered to work between 7.00 pm and midnight, other than an employee who has exercised their right in accordance with clause C.1(a), will not be entitled to another day off, another day's pay or another day of annual leave as a result of the part-day public holiday.

(h)              Nothing in this schedule affects the right of an employee and employer to agree to substitute public holidays.

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

PART B - VESSELS GRANTED A TEMPORARY LICENCE

[Heading and preamble to Part B substituted by PR530596 ppc 21Aug12, preamble to Part B substituted by PR538111 ppc 21Jun13]

The following provisions apply to a Temporary Licensed Ship.

Part 7 - Minimum Wages and Related Matters

24.              Classifications and minimum wage rates

[24 varied by PR997966, PR509153, PR522984, PR532521 ppc 19Dec12, PR536787 ppc 01Jul13]

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

25.              Allowances

[Varied by PR998162, PR509274, PR523104, PR536907]

[25.1 varied by PR998162, PR509274, PR523104, PR536907 ppc 01Jul13]

25.1              If, by fire, explosion, foundering, shipwreck, collision or stranding, an employee should sustain damage to or loss of their personal effects or equipment, the employer will compensate them for such damage or loss by a payment equivalent to the value thereof, not exceeding $3958.00.

25.2              The monetary amount in 25.1 will be treated as a personal effects allowance and will be adjusted in accordance with clause 14.14.

Part 8 - Hours of Work and Related Matters

26.              Ordinary hours of work

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

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

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

27.              Overtime

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

28.              Rest periods

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

28.2              This period of 24 hours will begin at the time an employee starts work immediately after having had a period of at least 6 consecutive hours off duty.

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

Part 9 - Leave and Public Holidays

29.              Leave

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

30.              Public holidays

30.1              Public holidays are provided for in the NES.

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

30.3              An employer and an individual employee may agree to the employee taking another day as the public holiday instead of the day provided in the NES.