Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 5,Item 6 - Review of all modern awards (other than modern enterprise and State PS awards) after first 2 years

Australian Federation of Employers and Industries
(AM2012/235)

MARINE TOURISM AND CHARTER VESSELS AWARD 2010
[MA000093]

Modern Awards Review 2012 - application to vary Marine Tourism and Charter Vessels Award 2010 - two yearly review of all modern awards - obvious technical problem - consent to vary - retrospectivity refused - existing employees ‘grandfathered’- determination made.

A. Further to my decision in Australian Federation of Employers and Industries [2013] FWC 8575 and pursuant to Sch 5,Item 6 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009,the Fair Work Commission orders that the Marine Tourism and Charter Vessels Award 2010 be varied as follows:

1. By deleting clause B.2.2(a) in Schedule B - Classification Structure and Definitions and inserting instead the following:

‘B.2.2 Crew Level Two

(a) For Crew Level 2 employees who commenced before 31 October 2013,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 3 wage.

(b) For Crew Level 2 employees who commenced on or after 31 October 2013,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. The variation set out in clause 1 comes into operation from 31 October 2013.

DEPUTY PRESIDENT

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