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This Fair Work Commission consolidated modern award incorporates all amendments up to and including 1 July 2024 (PR773934, PR774105 and PR774762).
Clause(s) affected by the most recent variation(s):
14—Minimum rates
17—Allowances
Part 7—Workplace Delegates, Consultation and Dispute Resolution
26A—Workplace delegates’ rights
Schedule A—Summary of Hourly Rates of Pay
Schedule B—Summary of Monetary Allowances
Table of Contents
[Varied by PR740706; corrected by PR741370; varied by PR747363, PR750501, PR774762]
Part 1—Application and Operation of this Award
1.1 This award is the Marine Towage Award 2020.
1.2 This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.
1.3 A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.
[Varied by PR733930, PR774762]
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
[Definition of casual employee inserted by PR733930 from 27Sep21]
casual employee has the meaning given by section 15A of the Act.
contract towage means when a tug is towing a vessel from one location to another location, where that tow or other services of a non-emergency nature has been contracted for and pre-planned by the employer.
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
employee means national system employee within the meaning of the Act.
[Definition of employee organisation inserted by PR774762 from 01Jul24]
employee organisation has the meaning given by section 12 of Act.
employer means national system employer within the meaning of the Act.
[Definition of enterprise inserted by PR774762 from 01Jul24]
enterprise has the meaning given by section 12 of the Act.
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
free running voyage and delivery voyage means when a tug proceeds from one port to another either interstate or intrastate and is not engaged in towing between ports or on a nominated voyage. In addition, this definition will apply to a tug proceeding from its home port to another port to commence a contract tow or when returning to its home port on completion of a contract tow.
marine towage industry has the meaning given in clause 4.2.
minimum hourly rate means 1/35th of the minimum weekly rate.
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 Act.
nominated voyage means an intrastate tug voyage from one port to another that is undertaken for operational reasons, to cover towage requirements in the other port.
officer means a master, a mate or engineer of a tug.
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.
outside work means work on a tug which proceeds to sea on a special voyage outside the limits of bays, rivers or regulated port boundaries or limits but within Australian territorial waters.
[Definition of small business employer inserted by PR774762 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
special voyage means a voyage for which it is necessary to set watches and will include a free running voyage and delivery voyage, contract towage or emergency operations, but does not include a nominated voyage.
standard rate means the minimum weekly rate for the classification of Rating in clause 14.1.
tonnage/power units means the sum of the gross registered tonnage figure of a tug and of the brake horse power figure of the main engine(s) only of the tug (including super charged power where applicable).
[Definition of workplace delegate inserted by PR774762 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
3. The National Employment Standards and this award
3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
3.3 The employer must ensure that copies of the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.
[Varied by PR743426]
4.1 This industry award covers employers throughout Australia in respect of their operations in the marine towage industry and their employees in the classifications listed in clause 14.1 to the exclusion of any other modern award.
4.2 Marine towage industry means:
(a) any work on tug boats, in conjunction with ship-assist operations and voyages, at or about, or to or from, a port in Australia (harbour towage operations);
(b) movement of contract cargoes by combined tug and barge (up to a maximum of 10,000 tonnes) between different ports or locations in Australia (tug and barge operations).
4.3 This award does not cover:
(a) employers and employees wholly or substantially covered by:
(i) the Dredging Industry Award 2020;
(ii) the Maritime Offshore Oil and Gas Award 2020;
[4.3(b) varied by PR743426 ppc 11Jul22]
(b) employers in respect of their operations covered by the Ports, Harbours and Enclosed Water Vessels Award 2020; and
(c) maintenance contractors covered by:
(i) the Manufacturing and Associated Industries and Occupations Award 2020; or
[4.3(c)(ii) varied by PR743426 ppc 11Jul22]
(ii) the Electrical, Electronic and Communications Contracting Award 2020.
(d) employees excluded from award coverage by the Act;
(e) employees who are covered by a modern enterprise award or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or
(f) 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.
4.4 This award covers any employer which supplies labour on an on-hire basis in the marine towage industry in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. Clause 4.4 operates subject to the exclusions from coverage in this award.
4.5 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.
NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.
5. Individual flexibility arrangements
5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:
(a) arrangements for when work is performed; or
(b) overtime rates; or
(c) penalty rates; or
(d) allowances; or
(e) annual leave loading.
5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.
5.3 An agreement may only be made after the individual employee has commenced employment with the employer.
5.4 An employer who wishes to initiate the making of an agreement must:
(a) give the employee a written proposal; and
(b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.
5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.
5.6 An agreement must do all of the following:
(a) state the names of the employer and the employee; and
(b) identify the award term, or award terms, the application of which is to be varied; and
(c) set out how the application of the award term, or each award term, is varied; and
(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and
(e) state the date the agreement is to start.
5.7 An agreement must be:
(a) in writing; and
5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.
5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.
5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.
5.11 An agreement may be terminated:
(a) at any time, by written agreement between the employer and the employee; or
NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).
5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.
5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.
6. Requests for flexible working arrangements
[6 substituted by PR763247 ppc 01Aug23]
Requests for flexible working arrangements are provided for in the NES.
NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 29—Dispute resolution and/or under section 65B of the Act.
7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or an employer and the majority of employees in the enterprise or part of the enterprise concerned.
7.2 Facilitative provisions in this award are contained in the following clauses:
|
Clause |
Provision |
Agreement between an employer and: |
|
12.2(b) |
Span of hours |
The majority of employees |
|
14.2 |
Aggregate wage or annual salary |
The majority of employees |
|
21.7 |
Annual leave in advance |
An individual |
|
21.8 |
Cashing out of annual leave |
An individual |
8.1 Employees under this award will be employed in one of the following categories:
(a) full-time;
(b) part-time; or
(c) casual.
A full-time employee is an employee who is engaged to work an average of 35 ordinary hours per week.
10. Part-time employees
10.1 A part-time employee is an employee who:
(a) is engaged to work ordinary hours which are less than the average number of ordinary hours of a full-time employee; and
(b) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.
10.2 For each ordinary hour worked, a part-time employee will be paid not less than the minimum hourly rate for their classification as prescribed by clause 14.1.
10.4 Any agreed variation of the rostered periods of duty must be recorded in writing.
[Varied by PR724000; corrected by PR724577; varied by PR733930]
[11.1 deleted by PR733930 from 27Sep21]
11.1 Casual loading
[11.2 renumbered as 11.1 by PR733930 from 27Sep21]
[11.1(a) substituted by PR724000 ppc 20Nov20]
(a) For each ordinary hour worked, a casual employee must be paid no less than:
(i) the minimum hourly rate for the classification in which they are employed; and
(ii) a loading of 25% of the minimum hourly rate.
(b) The casual loading is paid instead of annual leave, paid personal/carer’s leave, notice of termination, redundancy benefits and other entitlements of full-time or part-time employment.
[11.3 substituted by PR724000 ppc 20Nov20; corrected by PR724577 ppc 20Nov20; 11.3 renumbered as 11.2 by PR733930 from 27Sep21]
11.2 When a casual employee works overtime, they must be paid the overtime rates in clause 20.1(a).
[11.4 renumbered as 11.3 by PR733930 from 27Sep21]
11.3 A casual employee on a special voyage will be paid in accordance with clause 14.2(b)(vi).
[11.5 renumbered as 11.4 by PR733930 from 27Sep21]
11.5 Offers and requests for casual conversion
[11.6 renumbered as 11.5 and renamed and substituted by PR733930 from 27Sep21]
Offers and requests for conversion from casual employment to full-time or part-time employment are provided for in the NES.
NOTE: Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 29—Dispute resolution.
(a) For the purposes of the NES, the ordinary hours of work for full-time employees are 35 hours per week, which may be averaged over a period of up to one year.
(b) The 35 hour week is given effect by the accrual of annual leave in the manner provided under clause 21.2(c)(iv).
(a) Ordinary hours may be worked between the hours of 0700 and 1700.
12.3 Maximum hours of work
(a) No employee will be required to perform work continuously in excess of 16 hours, except as provided in clause 12.3(b).
(i) it is reasonably necessary to meet operational requirements;
(ii) the employer endeavours to terminate the period of continuous work as soon as practicable; and
(iii) the employer grants the employee a rest period of no less than 10 hours before requiring the employee to resume duty.
(c) An employee’s continuity of work is not broken by meal breaks taken in accordance with clause 13—Breaks and any other authorised period off duty of less than 4 hours’ duration.
13.1 Meal breaks
(a) An employee is entitled to a meal break of at least 30 minutes after every 5 hours worked.
(b) Breaks will be scheduled by the employee’s supervisor based upon operational requirements to ensure continuity of operations.
(c) The employer will not require an employee to work more than 5 hours before the first meal is taken or between any subsequent meal breaks.
13.2 Minimum breaks
(b) In calculating a break of duty in relation to clause 13.2(a), time off duty before the ordinary finishing time of the day up to 1600 hours will not count except on Saturdays, Sunday and public holidays.
(c) An employee who is required to resume duty after the ordinary finishing time of the day, when possible, will be given details of the work expected to be done up to and including the ordinary starting time the next day.
[Varied by PR718868, PR729308, PR740706, PR740730, PR762159, PR773934]
[14.1 varied by PR718868, PR729308, PR740730, PR762159, PR773934 ppc 01Jul24]
An employer must pay employees the following minimum rates for ordinary hours worked by the employee:
|
Employee classification |
Minimum weekly rate (full-time employee) |
Minimum daily rate1 |
|
|
$ |
$ |
|
Rating and General Purpose Rating |
1011.10 |
144.44 |
|
Category 1 (0–1850 tonnage/power units) |
|
|
|
Mate |
1148.90 |
164.13 |
|
Master and Engineer |
1378.90 |
196.99 |
|
Category 2 (1850 or more tonnage/power units) |
|
|
|
Mate |
1200.10 |
171.44 |
|
Master and Engineer |
1453.60 |
207.66 |
1 The minimum daily rate = minimum weekly rate/7.
NOTE: See Schedule A—Summary of Hourly Rates of Pay for a summary of hourly rates of pay, including overtime and penalty rates.
[14.2 deleted by PR740706 ppc 09May22]
14.2 Special voyages in harbour towage operations—rates of pay
[14.3 renumbered as 14.2 by PR740706 ppc 09May22]
(a) Application
(i) Clause 14.2 applies to employers operating in, and employees working in, harbour towage operations.
(ii) Clause 14.2 does not apply to an employee who is regularly or continuously engaged on outside work.
(iii) The payments in clause 14.2(b) are payable instead of the daily minimum rate specified in clause 14.1 or clause 14.2, and the payments and penalty rates for working overtime under clause 20—Overtime and penalty rates;
(iv) The payments in clause 14.2(b) do not apply to employees on a nominated voyage.
(b) Payment for special voyages
[14.3(b)(i) varied by PR718868, PR729308; renumbered as 14.2(b)(i) by PR740706 ppc 09May22; 14.2(b)(i) varied by PR740730, PR762159, PR773934 ppc 01Jul24]
|
Employee classification |
Minimum daily rate |
|
$ |
|
|
Free Running Voyage and Delivery Voyage |
|
|
General Purpose Rating |
567.31 |
|
Mate (Casual or Tug Mate) |
676.97 |
|
Mate (Permanent Tug Master) and Engineer |
827.55 |
|
Master and Chief Engineer |
877.64 |
|
Contract Towage |
|
|
General Purpose Rating |
759.75 |
|
Mate (Casual or Tug Mate) |
869.53 |
|
Mate (Permanent Tug Master) and Engineer |
1019.81 |
|
Master and Chief Engineer |
1065.38 |
|
Emergency Towage Operations |
|
|
General Purpose Rating |
952.14 |
|
Mate (Casual or Tug Mate) |
1062.29 |
|
Mate (Permanent Tug Master) and Engineer |
1213.48 |
|
Master and Chief Engineer |
1269.32 |
(ii) The amounts contained in clause 14.2(b)(i) will only be payable from the time that the tug leaves the wharf to proceed to sea on any special voyage until it ties up at the wharf at the termination of such special voyage.
(iii) The amounts contained in clause 14.2(b)(i) are all inclusive and the total amount payable to an employee for all outside work performed in each 24 hours (midnight to midnight) or part thereof.
(v) On any day on which an employee is put ashore sick or injured, they are entitled to the employee’s minimum daily rate, for each period or part period of 8 hours worked on that day.
(vi) A casual employee engaged on a special voyage will be paid the higher of:
· the casual rate of pay under clause 11.1; or
· the rate of pay payable to other employees of the same classification in respect of the special voyage, including any entitlement to proportionate leave. In this latter case, casual loading will be absorbed in the payment.
(vii) A rest period may be given in the out-port depending on the circumstances of the voyage. In the case of a voyage of 7 days or more, the maximum rest period will be 24 hours. In the case of a voyage of less than 7 days, the rest period will be determined by the circumstances of the voyage and by discussion between the employer and employees.
15. Annualised wage arrangements
[14A inserted by PR740706 ppc 09May22; deleted by correction PR741370 ppc 10May22]
[New 15 inserted by correction PR741370 ppc 10May22]
15.1 Annualised wage instead of award provisions
(a) An employer and a full-time employee may enter into a written agreement for the employee to be paid an annualised wage of an amount that is at least 40% more than the minimum wage prescribed in clause 14—Minimum rates multiplied by 52 for the work being performed in satisfaction, subject to clause 15.1(b), of any or all of the following provisions of the award:
(i) clause 14—Minimum rates;
(ii) clause 20—Overtime and penalty rates; and
(iii) clause 26—Public holidays.
(i) an average of 20 ordinary hours which would attract a penalty rate under this provisions of this award per week; or
(ii) an average of 15 overtime hours per week
without being entitled to an amount in excess of the annualised wage in accordance with clause 15.1(c).
(c) If in a pay period or roster cycle an employee works any hours in excess of either of the outer limit amounts specified in clause 15.1(b), such hours will not be covered by the annualised wage and must separately be paid for in accordance with the applicable provisions of this award.
(d) Where a written agreement for an annualised wage agreement is entered into, the agreement must specify:
(i) the annualised wage that is payable;
(ii) which of the provisions of this award will be satisfied by payment of the annualised wage;
(iii) the outer limit number of ordinary hours which would attract the payment of a penalty rate under the award and the outer limit number of overtime hours which the employee may be required to work in a pay period or roster cycle under clause 15.1(b) without being entitled to an amount in excess of the annualised wage in accordance with clause 15.1(c).
(e) The employer must give the employee a copy of the agreement and keep the agreement as a time and wages record.
(f) The agreement may be terminated:
(i) by the employer or the employee giving 12 months’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or
(ii) at any time, by written agreement between the employer and the individual employee.
15.2 Annualised wage not to disadvantage employees
(a) The annualised wage must be no less than the amount the employee would have received under this award for the work performed over the year for which the wage is paid (or if the employment ceases or the agreement terminates earlier over such lesser period as has been worked).
(c) The employer must keep a record of the starting and finishing times of work, and any unpaid breaks taken, of each employee subject to an annualised wage arrangement agreement for the purpose of undertaking the comparison required by clause 15.2(b). This record must be signed by the employee, or acknowledged as correct in writing (including by electronic means) by the employee, each pay period or roster cycle.
15.3 Base rate of pay for employees on annualised wage arrangements
For the purposes of the NES, the base rate of pay of an employee receiving an annualised wage under this clause comprises the portion of the annualised wage equivalent to the relevant rate of pay in clause 14—Minimum rates and excludes any incentive-based payments, bonuses, loadings, monetary allowances, overtime and penalties.
[15 renumbered as 16 by correction PR741370 ppc 10May22]
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
16.1 The employer will pay the employee’s wages, penalties and allowances fortnightly in arrears by electronic funds transfer into the employee’s bank (or other recognised financial institution) account nominated by the employee.
16.2 An employer may deduct from any amount required to be paid to an employee under clause 16, the amount of any overpayment of wages or allowances.
16.3 Payment on termination of employment
(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and
(ii) all other amounts that are due to the employee under this award and the NES.
(b) The requirement to pay wages and other amounts under clause 16.3(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.
NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.
NOTE 2: Clause 16.3(b) allows the Commission to make an order delaying the requirement to make a payment under clause 16.3. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.
NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.
[Varied by PR718868, PR719021, PR729308, PR729493; renumbered as 17 by correction PR741370 ppc 10May22; varied by PR740730, PR740898, PR743426, PR762159, PR762323, PR773934, PR774105]
17.1 Employers must pay to an employee the allowances the employee is entitled to under clause 17.
NOTE: See Schedule B—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
17.2 Application of allowances
(a) The allowances in clause 17.3 apply to all employees.
(b) The allowances in clause 17.4 only apply to employers operating in, and employees working in, harbour towage operations.
(c) The allowances in clause 17.5 only apply to employers operating in, and employees working in, tug and barge operations.
17.3 Allowances—all employees—expense-related allowances
(a) Industrial and protective clothing
(ii) The provisions of clause 17.3(a)(i) do not apply where the industrial or protective clothing and equipment is, or has been, paid for or provided by the employer and the employer replaces items on a fair wear and tear basis.
(iv) Employees are responsible for the safekeeping of each item of protective clothing on board the vessel.
(v) An employer may require an employee to sign a receipt for the issue of clothing and equipment.
(b) Loss of personal effects allowance
(i) If an employee sustains damage to or loss of their personal effects or equipment by fire, explosion, foundering, shipwreck, collision or stranding, the employer will compensate the employee for the damage or loss by a payment equivalent to the value of the personal effects or equipment damaged or lost.
[17.3(b)(ii) varied by PR762323 ppc 01Jul23]
[17.3(b)(iii) varied by PR762323 ppc 01Jul23]
(iii) The maximum amount payable for any one item is $476.32.
(i) An employee who, at the direction of the employer, is either travelling from their home port to another port, or travelling to their home port from another port, must be reimbursed the reasonable cost of the transport required by the employer to be used.
(ii) This allowance is not payable where the employer provides and/or pays for the cost of transport.
(iii) Unless the employee is in receipt of an aggregate wage or annual salary under clause 14.2, time spent travelling under clause 17.3(c) will be considered time worked. In the case of an employee who is in receipt of an aggregate wage or annual salary under to clause 14.2, no additional payment is payable for time spent travelling.
(d) Meals/victualling and accommodation in out-ports
[17.3(d)(i) varied by PR719021, PR729493, PR740898, PR762323, PR774105 ppc 01Jul24]
|
|
Allowance |
|
|
$ |
|
Breakfast |
19.93 |
|
Lunch |
23.34 |
|
Dinner |
37.59 |
|
Accommodation |
104.55 |
|
Total daily allowance |
185.41 |
[17.3(d)(ii) varied by PR743426 ppc 11Jul22]
(ii) An employee will only be entitled to the accommodation allowance if:
· the place at which the employee sleeps is not their usual place of residence; and
· the employee produces evidence to the reasonable satisfaction of the employer that the employee has properly incurred expenditure on the provision of accommodation for themselves for the night or nights in question.
(iii) In the case of casual employees, the provisions of clause 17.3(d) only apply if the casual employee is engaged to perform work on a vessel at a port which is not the home port of the permanent employees in the vessel’s crew.
(i) The employer will reimburse an employee for any expenses reasonably incurred by the employee in the performance of their duties on behalf of the employer. Wherever possible, in order to be reimbursed the employee must seek the pre-approval of the employer to undertake the expense.
(ii) As well as other expenses, clause 17.3(e) will apply to enquiries about:
· casualties;
· the conduct of employees; and
· to proceedings for any alleged breach of any maritime or port or other regulations.
(iii) Clause 17.3(e) does not apply where the authority conducting the enquiry, proceedings or appeal finds that the enquiry or proceedings claimed may be due to the default or misconduct of the employee.
17.4 Allowances—harbour towage operations
(a) Wage-related allowance—nominated voyages
(i) A nominated voyage means an intrastate tug voyage from one port to another that is undertaken for operational reasons, to cover towage requirements in the other port.
[17.4(a)(ii) varied by PR718868, PR729308, PR740730, PR762159, PR773934 ppc 01Jul24]
(ii) For each hour engaged on a nominated voyage, an employee will be paid $24.87 per hour.
(b) Wage-related allowance—cyclone (shipkeeping)
[17.4(b) varied by PR718868, PR729308, PR740730, PR762159, PR773934 ppc 01Jul24]
An employee will be paid $19.82 for each hour (including during Saturdays, Sundays and public holidays) an employee is on board a tug in port and available for the performance of any duty during a cyclone or cyclone alert.
(c) Wage-related allowance—emergency maintenance
(i) In clause 17.4(c), emergency maintenance means work which is necessary to reinstate a tug into service which would otherwise be out of service.
[17.4(c)(ii) varied by PR718868, PR729308, PR740730, PR762159, PR773934 ppc 01Jul24]
(ii) An employee who, at the request of the employer is required to perform emergency maintenance work on board a tug outside the span of ordinary hours, will be paid an allowance as set out in the table below:
|
Category |
$ per hour |
|
General Purpose Rating |
66.93 |
|
Category 1 (0–1850 tonnage/power units) |
|
|
Mate |
83.42 |
|
Master and Engineer |
106.27 |
|
Category 2 (1850 or more tonnage/power units) |
|
|
Mate |
76.84 |
|
Master and Engineer |
110.82 |
(d) Expense-related allowance—telephone
(ii) The employer will reimburse full installation costs of a new service and pay transfer costs on one occasion during an employee’s period of service.
(e) Expense-related allowance—insurance—outside work
(i) An employee who is engaged on outside work is entitled to be paid an annual allowance equal to the annual premium paid by the employee to obtain an insurance policy which provides a benefit to the employee of $100,000 upon their death while engaged on outside work. The insurance policy must be approved in advance by the employer.
(ii) Clause 17.4(e) does not apply where the employee’s employer maintains an insurance policy, or self-insures, in order to provide a benefit to the employee of $100,000 upon their death whilst engaged on outside work.
(iii) Clause 17.4(e) does not apply to an employee regularly or continuously engaged on outside work.
(f) Expense-related allowance—insurance—fire fighting insurance
(i) For the purposes of clause 17.4(f), total and permanent disability means incapacitation to the following extent:
· the loss of 2 limbs (where limbs include the whole of one hand or the whole of one foot) or the sight of both eyes or the loss of one limb and the sight of one eye; or
· after a period of 6 consecutive months’ continuous absence from their employment on account of injury which is proved to the satisfaction of the insurer (after considering such medical or other evidence or advice as they may require from time to time) the employee is unable or unlikely ever again to be able to undertake any form of remunerative work for which they are reasonably fitted by education or training or experience.
(iii) Clause 17.4(f) does not apply if the employee’s employer maintains an insurance policy, or self-insures, in order to provide a benefit to the employee of $130,000 in the case of death or total and permanent disability caused by bodily injury of the employee whilst engaged in fire fighting.
(g) Expense-related allowance—meals
[17.4(g) varied by PR719021, PR729493, PR740898, PR762323, PR774105 ppc 01Jul24]
Each employee will receive a meal allowance of $17.95 for each day worked, unless the employer provides a meal or meal-making facilities.
17.5 Allowances—tug and barge operations
(a) Wage-related allowance—multiple tow
[17.5(a)(i) varied by PR718868, PR729308, PR740730, PR762159, PR773934 ppc 01Jul24]
(i) The following allowances will be paid where a vessel engages in a multiple tow for each day the vessel is at sea, in port or anchored from the time the tow is assigned until the time the vessel is berthed at its final destination.
|
Classification |
$ per day |
|
Engineer, Mate and General Purpose Rating |
59.76 |
|
Master and Chief Engineer |
118.20 |
(ii) On a changeover day the employees joining the vessel will be entitled to this allowance, and employees starting leave will not be entitled to this allowance.
(b) Wage-related allowance—cooking
[17.5(b) varied by PR718868, PR729308, PR740730, PR762159, PR773934 ppc 01Jul24]
|
Classification |
$ per week |
|
Rating and General Purpose Rating acting as Cook |
42.16 |
(c) Wage-related allowance—additional skills
[17.5(c) varied by PR718868, PR729308, PR740730, PR762159, PR773934 ppc 01Jul24]
|
Classification |
$ per week |
|
Rating and General Purpose Rating holding qualifications as a Crane Driver, Able Seaman or Offshore Watch-keeper |
126.49 |
(d) Expense-related allowance—medicals and passport
The employer will pay an allowance to the employee equal to the cost of any medical examination, eyesight or hearing test, passport (with associated vaccinations), visas, etc., required for the purpose of revalidating certificates of competency or as required by the employer.
[17 renumbered as 18 by correction PR741370 ppc 10May22]
18.1 Definitions
For the purposes of clause 18, the following definitions will apply:
(b) Injury will be given the same meaning and application as applying under the applicable workers’ compensation legislation covering the employer.
18.2 Entitlement to accident pay
The employer must pay accident pay where an employee suffers an injury and weekly payments of compensation are paid to the employee under the applicable workers’ compensation legislation for a maximum period of 52 weeks.
18.3 Calculation of the period
(a) The 52 week period commences from the date of injury. In the event of more than one absence arising from one injury, such absences are to be cumulative in the assessment of the 52 week period.
(b) The termination by the employer of the employee’s employment within the 52 week period will not affect the employee’s entitlement to accident pay.
(c) For a period of less than one week, accident pay (as defined) will be calculated on a pro rata basis.
18.4 When not entitled to payment
An employee will not be entitled to any payment under clause 18 in respect of any period of paid annual leave or long service leave, or for any paid public holiday.
If an employee entitled to accident pay under clause 18 returns to work on reduced hours or modified duties, the amount of accident pay due will be reduced by any amounts paid for the performance of such work.
18.6 Redemptions
In the event that an employee receives a lump sum payment in lieu of weekly payments under the applicable workers’ compensation legislation, the liability of the employer to pay accident pay will cease from the date the employee receives that payment.
18.7 Damages independent of the Acts
Where the employee recovers damages from the employer or from a third party in respect of the said injury independently of the applicable workers’ compensation legislation, such employee will be liable to repay to the employer the amount of accident pay which the employer has paid under clause 18 and the employee will not be entitled to any further accident pay thereafter.
18.8 Casual employees
For a casual employee, the weekly payment referred to in clause 18.1(a) will be calculated using the employee’s average weekly ordinary hours with the employer over the previous 12 months or, if the employee has been employed for less than 12 months by the employer, the employee’s average weekly ordinary hours over the period of employment with the employer. The weekly payment will include casual loading but will not include over-award payments.
[18 renumbered as 19 by correction PR741370 ppc 10May22, varied by PR771326]
19.1 Superannuation legislation
[19.1 substituted by PR771326 ppc 09Apr24]
(a) The NES and 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), deal with the superannuation rights and obligations of employers and employees.
(b) The rights and obligations in clause 19 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.
(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
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.
(c) The employer must pay the amount authorised under clauses 19.3(a) or 19.3(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 PR771326 ppc 09Apr24]
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, the employer must make the superannuation contributions provided for in clause 19.2 and pay any amount authorised under clauses 19.3(a) or 19.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:
(a) Maritime Super;
(b) AMP Superannuation Savings Trust;
(c) Sunsuper;
(d) 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 superannuation scheme; or
(e) a superannuation fund or scheme which the employee is a defined benefit member of.
Part 5—Overtime and Penalty Rates
20. Overtime and penalty rates
[Varied by PR724000; renumbered as 20 by correction PR741370 ppc 10May22]
20.1 Payment for working overtime
[19.1(a) substituted by PR724000] ppc 20Nov20]
(a) Subject to any agreement under clause 14.2, overtime is payable for all time worked in excess of ordinary hours in clause 12.1, or outside the applicable span of hours in clause 12.2, overtime will be paid at the following rates:
|
For overtime worked on |
Full-time and part-time employees |
Casual employees |
|
|
% of the minimum hourly rate |
% of the minimum hourly rate |
|
Monday to Saturday |
|
|
|
First 2 hours |
150 |
187.5 |
|
After 2 hours |
200 |
250 |
|
Sunday—all day |
200 |
250 |
NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.1(a)(ii) to the minimum hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clause 20.1(a).
(b) Employees performing overtime on Saturday or Sunday must be paid for a minimum of 4 hours.
20.2 Penalty rates—extended hours
Subject to any agreement under clause 14.2, an employee who is required to perform work in excess of 16 hours, in accordance with clause 12.3(b), must be paid for such work at 200% of the employee’s minimum hourly rate.
20.3 Calculating overtime and penalty rates
(a) In calculating overtime payments under clause 20.1, and penalty rates under clause 20.2, any period:
(i) less than half an hour will be counted as half an hour; and
(ii) greater than half an hour but less than an hour will be counted as an hour.
(b) An employee who may have an entitlement under both clauses 20.1 and 20.2 will be paid whichever is the higher payment.
(a) Clause 20.4 does not apply in any case where an employee is subject to an agreement in accordance with clause 14.2.
(b) An employee who has ceased duty on any day then resumes duty other than in a consecutive extension after ordinary duty that day or before duty for the next day, will be entitled to a minimum payment of 4 hours for each resumption.
(c) An employee who has to resume duty on 2 occasions during the hours between 1800 hours on the one day and 0500 hours on the following day will be entitled to a payment for the whole of the time from the commencement of the first resumption to the termination of the last resumption.
(d) For each resumption of duty on any day under clause 20.4, other than in a consecutive extension before or after ordinary duty for the day, travelling time of up to one hour will be considered as time worked.
Part 6—Leave and Public Holidays
[20 renumbered as 21 by correction PR741370 ppc 10May22]
21.1 Clause 21 operates in conjunction with the NES. The provisions of clause 21 are intended to satisfy the provisions in the NES concerning maximum weekly hours of work, annual leave and public holidays.
(b) A part-time employee’s entitlement to days free of duty will be determined in accordance with clause 10—Part-time employees.
(c) The leave prescribed in clause 21.2(a) above includes:
(i) 104 days of leave, being instead of weekends;
(ii) 5 weeks of paid annual leave for shiftworkers under the NES (employees under this award are considered to be shiftworkers for the purposes of the NES);
(iii) public holiday entitlements under the NES; and
(iv) an additional 28 days’ leave, to give effect to a 35 hour week.
21.3 Employees will not be entitled to leave from duty under clause 21 in relation to a period of absence from service on account of workers compensation, or leave without pay. An employee’s leave entitlement under clause 21.1 will be debited by 0.857 of a day for each day of absence referred to in clause 21.3.
21.5 Despite the provisions of clause 21, the value of any leave given to the employee in advance will be deducted, upon termination of employment, from any money owing to an employee.
21.6 Continuous service
For the purposes of clause 21, a permanent employee will be deemed to have served continuously for the aggregate of their service although the service may have been temporarily interrupted (by up to 21 days) by transfer to some other work of their employer, or for the convenience of the employer, or by suspension of operations, or the need to carry out repairs or maintenance on a tug that the employee is rostered to work on.
(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 21.7 is set out at Schedule C—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule C—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 21.7 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 21.7, 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.
21.8 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 21.8.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 21.8.
(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.
(d) An agreement under clause 21.8 must state:
(i) the amount of leave to be cashed out and the payment to be made to the employee for it; and
(ii) the date on which the payment is to be made.
(e) An agreement under clause 21.8 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.
(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.
(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.
(i) The employer must keep a copy of any agreement under clause 21.8 as an employee record.
NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 21.8.
NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 21.8.
NOTE 3: An example of the type of agreement required by clause 21.8 is set out at Schedule D—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule D—Agreement to Cash Out Annual Leave.
22. Personal/carer’s leave and compassionate leave
[21 renumbered as 22 by correction PR741370 ppc 10May22]
Personal/carer’s leave and compassionate leave are provided for in the NES.
23. Parental leave and related entitlements
[22 renumbered as 23 by correction PR741370 ppc 10May22; varied by PR763247 ppc 01Aug23]
Parental leave and related entitlements are provided for in the NES.
NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 29—Dispute resolution and/or under section 76B of the Act.
[23 renumbered as 24 by correction PR741370 ppc 10May22]
Community service leave is provided for in the NES.
25. Family and domestic violence leave
[24 renumbered as 25 by correction PR741370 ppc 10May22; 25—Unpaid family and domestic violence leave renamed and substituted by PR750501 ppc 15Mar23]
Family and domestic violence leave is provided for in the NES.
NOTE 1: Information provided to employers concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers are subject to confidentiality requirements regarding the handling of this information under section 106C of the Act and requirements as to what can be reported on payslips pursuant to regulations 3.47 and 3.48 of the Fair Work Regulations 2009.
NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.
[25 renumbered as 26 by PR741370 ppc 10May22; varied by PR747363]
26.1 Public holiday entitlements are provided in accordance with the NES.
26.2 In ports where clause 14.2 is not invoked, employees required to work on any of the public holidays specified in the NES will be paid:
(a) for all hours worked within ordinary hours at 150% of the minimum hourly rate for their classification; and
(b) outside ordinary hours at 250% of the minimum hourly rate for their classification,
with a minimum payment of 4 hours.
[26.3 inserted by PR747363 ppc 14Nov22]
26.3 Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 26.2.
[26.3 renumbered as 26.4 by PR747363 ppc 14Nov22]
26.4 In ports where clause 14.2 is invoked, an agreement under clause 14.2 recognises that harbour towage operations require tugs to be available on any day of the year. Entitlements to public holidays under the NES are incorporated in the applicable port rosters developed under clause 21.4 and the aggregated entitlements to leave from duty.
[26.4 deleted by PR747363 ppc 14Nov22]
Part 7—Workplace Delegates, Consultation and Dispute Resolution
Part 7—Consultation and Dispute Resolution renamed by PR774762 from 01Jul24]
26A. Workplace delegates’ rights
[26A inserted by PR774762 from 01Jul24]
26A.1 Clause 26A provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.
NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the employer has complied with clause 26A.
26A.2 In clause 26A:
(a) employer means the employer of the workplace delegate;
(b) delegate’s organisation means the employee organisation in accordance with the rules of which the workplace delegate was appointed or elected; and
(c) eligible employees means members and persons eligible to be members of the delegate’s organisation who are employed by the employer in the enterprise.
26A.3 Before exercising entitlements under clause 26A, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.
26A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
26A.5 Right of representation
A workplace delegate may represent the industrial interests of eligible employees who wish to be represented by the workplace delegate in matters including:
(a) consultation about major workplace change;
(b) consultation about changes to rosters or hours of work;
(c) resolution of disputes;
(d) disciplinary processes;
(e) enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate’s organisation with enterprise bargaining; and
(f) any process or procedure within an award, enterprise agreement or policy of the employer under which eligible employees are entitled to be represented and which concerns their industrial interests.
26A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 26A.5. This includes discussing membership of the delegate’s organisation and representation with eligible employees.
(b) A workplace delegate may communicate with eligible employees during working hours or work breaks, or before or after work.
26A.7 Entitlement to reasonable access to the workplace and workplace facilities
(a) The employer must provide a workplace delegate with access to or use of the following workplace facilities:
(i) a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and eligible employees;
(ii) a physical or electronic noticeboard;
(iii) electronic means of communication ordinarily used in the workplace by the employer to communicate with eligible employees and by eligible employees to communicate with each other, including access to Wi-Fi;
(iv) a lockable filing cabinet or other secure document storage area; and
(v) office facilities and equipment including printers, scanners and photocopiers.
(b) The employer is not required to provide access to or use of a workplace facility under clause 26A.7(a) if:
(i) the workplace does not have the facility;
(ii) due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or
(iii) the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.
26A.8 Entitlement to reasonable access to training
Unless the employer is a small business employer, the employer must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of eligible employees, subject to the following conditions:
(a) In each year commencing 1 July, the employer is not required to provide access to paid time for training to more than one workplace delegate per 50 eligible employees.
(b) The number of eligible employees will be determined on the day a delegate requests paid time to attend training, as the number of eligible employees who are:
(i) full-time or part-time employees; or
(ii) regular casual employees.
(c) Payment for a day of paid time during normal working hours is payment of the amount the workplace delegate would have been paid for the hours the workplace delegate would have been rostered or required to work on that day if the delegate had not been absent from work to attend the training.
(d) The workplace delegate must give the employer not less than 5 weeks’ notice (unless the employer and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider.
(e) If requested by the employer, the workplace delegate must provide the employer with an outline of the training content.
(f) The employer must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the workplace delegate’s access to paid time during normal working hours to attend the training has been approved. Such approval must not be unreasonably withheld.
(g) The workplace delegate must, within 7 days after the day on which the training ends, provide the employer with evidence that would satisfy a reasonable person of their attendance at the training.
26A.9 Exercise of entitlements under clause 26A
(a) A workplace delegate’s entitlements under clause 26A are subject to the conditions that the workplace delegate must, when exercising those entitlements:
(i) comply with their duties and obligations as an employee;
(ii) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work; and
(iv) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.
(b) Clause 26A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.
(c) Clause 26A does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.
NOTE: Under section 350A of the Act, the employer must not:
(a) unreasonably fail or refuse to deal with a workplace delegate; or
(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or
(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 26A.
27. Consultation about major workplace change
[26 renumbered as 27 by correction PR741370 ppc 10May22]
(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and
(b) discuss with affected employees and their representatives (if any):
(i) the introduction of the changes; and
(ii) their likely effect on employees; and
(iii) measures to avoid or reduce the adverse effects of the changes on employees; and
(c) commence discussions as soon as practicable after a definite decision has been made.
27.2 For the purposes of the discussion under clause 27.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:
(a) their nature; and
(b) their expected effect on employees; and
(c) any other matters likely to affect employees.
27.3 Clause 27.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
27.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 27.1(b).
27.5 In clause 27 significant effects, on employees, includes any of the following:
(a) termination of employment; or
(b) major changes in the composition, operation or size of the employer’s workforce or in the skills required; or
(c) loss of, or reduction in, job or promotion opportunities; or
(d) loss of, or reduction in, job tenure; or
(e) alteration of hours of work; or
(f) the need for employees to be retrained or transferred to other work or locations; or
(g) job restructuring.
27.6 Where this award makes provision for alteration of any of the matters defined at clause 27.5, such alteration is taken not to have significant effect.
28. Consultation about changes to rosters or hours of work
[27 renumbered as 28 by correction PR741370 ppc 10May22]
28.1 Clause 28 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.
28.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 28.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
28.4 The employer must consider any views given under clause 28.3(b).
28.5 Clause 28 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.
[28 renumbered as 29 by correction PR741370 ppc 10May22; varied by PR763247]
29.1 Clause 29 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
29.3 If the dispute is not resolved through discussion as mentioned in clause 29.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.
29.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 29.2 and 29.3, a party to the dispute may refer it to the Fair Work Commission.
29.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.
29.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.
29.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 29.
29.8 While procedures are being followed under clause 29 in relation to a dispute:
(a) work must continue in accordance with this award and the Act; and
(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
29.9 Clause 29.8 is subject to any applicable work health and safety legislation.
[Note 1 inserted by PR763247 ppc 01Aug23]
NOTE 1: In addition to clause 29, a dispute resolution procedure for disputes regarding the NES entitlement to request flexible working arrangements is contained in section 65B of the Act.
[Note 2 inserted by PR763247 ppc 01Aug23]
NOTE 2: In addition to clause 29, a dispute resolution procedure for disputes regarding the NES entitlement to request an extension to unpaid parental leave is contained in section 76B of the Act.
Part 8—Termination of Employment and Redundancy
[29 renumbered as 30 by correction PR741370 ppc 10May22]
NOTE: Sections 117 and 123 of the Act set out requirements for notice of termination by an employer under the NES. Clause 30.1 requires an employer to give a greater minimum period of notice than that generally required under the NES.
30.1 Notice of termination by an employee—permanent employees
(a) Despite the terms of the NES, in order to terminate the employment of an officer the employer must give to the employee the following written notice:
|
Period of continuous service |
Period of notice |
|
1 year or less |
2 weeks |
|
More than 1 year but less than 4 years |
6 weeks |
|
More than 4 years |
8 weeks |
(b) Payment instead of the notice prescribed in clause 30.1(a) may be made.
(c) An employer may terminate an employee’s employment by giving part of the notice prescribed in clause 30.1(a) and part payment instead of notice.
(d) In calculating any payment instead of notice, the wages an employee would have received in respect of ordinary time the employee would have worked during the period of notice if the employee’s employment had not been terminated must be used.
(a) Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.
(b) The time off under clause 30.2 is to be taken at times that are convenient to the employee after consultation with the employer.
30.3 Return to place of engagement
If the employment of an employee is terminated by the employer elsewhere than at the employee’s home port or place of engagement for any reason other than misconduct, the employer will be responsible for conveying the employee to the employee’s home port or place of engagement.
30.4 Termination without notice
Despite clauses 30.1 to 30.3, an employer may terminate an employee’s employment without notice, or payment instead of notice, for serious misconduct.
30.5 Notice of termination by employee—permanent employee
(a) Clause 30.5 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.
(i) in the case of officers, 2 weeks’ notice; or
(ii) in the case of ratings, one week’s notice.
(c) If an employee does not give the period of notice required under clause 30.5(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.
(d) If the employer has agreed to a shorter period of notice than that required under clause 30.5(b), then no deduction can be made under clause 30.5(c).
(e) Any deduction under clause 30.5(c) must not be unreasonable in the circumstances.
30.6 Casual employees
The employment of a casual employee terminates at the end of each period of duty.
[30 renumbered as 31 by correction PR741370 ppc 10May22]
NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.
31.1 Transfer to lower paid duties on redundancy
(a) Clause 31.1 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
(c) If the employer acts as mentioned in clause 31.1(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.
31.2 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 31 or under sections 119 to 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.
31.3 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 clause 31.3(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 clause 31.3(b).
(d) An employee who fails to produce proof when required under clause 31.3(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 30.2.
Schedule A—Summary of Hourly Rates of Pay
[Varied by PR718868, PR729308, PR740730, PR762159, PR773934]
NOTE: The hourly rates in this schedule are based on a 35 hour week.
A.1 Full-time and part-time employees
A.1.1 Full-time and part-time employees—ordinary and penalty rates
[A.1.1 varied by PR718868, PR729308, PR740730, PR762159, PR773934 ppc 01Jul24]
|
|
Ordinary hours |
Public holidays (ordinary hours) |
Extended hours1 |
|
|
% of minimum hourly rate |
||
|
|
100% |
150% |
200% |
|
|
$ |
$ |
$ |
|
Rating and General Purpose Rating |
28.89 |
43.34 |
57.78 |
|
Category 1 (0–1850 tonnage/power units) |
|
|
|
|
Mate |
32.83 |
49.25 |
65.66 |
|
Master and Engineer |
39.40 |
59.10 |
78.80 |
|
Category 2 (1850 or more tonnage/power units) |
|
|
|
|
Mate |
34.29 |
51.44 |
68.58 |
|
Master and Engineer |
41.53 |
62.30 |
83.06 |
1 Extended hours means work performed continuously in excess of 16 hours, pursuant to clause 20.2.
A.1.2 Full-time and part-time employees—overtime
[A.1.2 varied by PR718868, PR729308, PR740730, PR762159, PR773934 ppc 01Jul24]
|
|
Monday to Saturday – first 2 hours |
Monday to Saturday – after 2 hours |
Sunday – all day |
Public holidays – all day |
|
|
% of minimum hourly rate |
|||
|
|
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
|
Rating and General Purpose Rating |
43.34 |
57.78 |
57.78 |
72.23 |
|
Category 1 (0–1850 tonnage/power units) |
|
|
|
|
|
Mate |
49.25 |
65.66 |
65.66 |
82.08 |
|
Master and Engineer |
59.10 |
78.80 |
78.80 |
98.50 |
|
Category 2 (1850 or more tonnage/power units) |
|
|
|
|
|
Mate |
51.44 |
68.58 |
68.58 |
85.73 |
|
Master and Engineer |
62.30 |
83.06 |
83.06 |
103.83 |
A.2 Casual employees
A.2.1 Casual employees—ordinary and penalty rates
[A.2.1 varied by PR718868, PR729308, PR740730, PR762159, PR773934 ppc 01Jul24]
|
|
Ordinary hours |
Public holidays (ordinary hours) |
Extended hours1 |
|
|
% of minimum hourly rate |
||
|
|
125% |
175% |
225% |
|
|
$ |
$ |
$ |
|
Rating and General Purpose Rating |
36.11 |
50.56 |
65.00 |
|
Category 1 (0–1850 tonnage/power units) |
|
|
|
|
Mate |
41.04 |
57.45 |
73.87 |
|
Master and Engineer |
49.25 |
68.95 |
88.65 |
|
Category 2 (1850 or more tonnage/power units) |
|
|
|
|
Mate |
42.86 |
60.01 |
77.15 |
|
Master and Engineer |
51.91 |
72.68 |
93.44 |
1 Extended hours means work performed continuously in excess of 16 hours, pursuant to clause 20.2.
Schedule B—Summary of Monetary Allowances
[Varied by PR718868, PR719021, PR729308, PR729493, PR740730, PR740898, PR750805, PR762159, PR762323, PR773934, PR774105]
See clause 17—Allowances for full details of allowances payable under this award.
B.1 Wage-related allowances
[B.1.1 varied by PR718868, PR729308, PR740730, PR762159, PR773934 ppc 01Jul24]
B.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum weekly rate for Rating in clause 14.1 = $1011.10.
|
Allowance |
Clause |
% of standard rate |
$ |
Payable |
|
Nominated voyages allowance |
17.4(a)(ii) |
2.46 |
24.87 |
per hour |
|
Cyclone (shipkeeping) allowance |
17.4(b) |
1.96 |
19.82 |
per hour |
|
Emergency maintenance allowance—general Purpose Rating |
17.4(c)(ii) |
6.62 |
66.93 |
per hour |
|
Emergency maintenance allowance—category 1—Mate |
17.4(c)(ii) |
8.25 |
83.42 |
per hour |
|
Emergency maintenance allowance—category 1—Master and Engineer |
17.4(c)(ii) |
10.51 |
106.27 |
per hour |
|
Emergency maintenance allowance—category 2—Mate |
17.4(c)(ii) |
7.6 |
76.84 |
per hour |
|
Emergency maintenance allowance—category 2—Master and Engineer |
17.4(c)(ii) |
10.96 |
110.82 |
per hour |
|
Multiple tow allowance—Engineer, Mate and General Purpose Rating |
17.5(a)(i) |
5.91 |
59.76 |
per day |
|
Multiple tow allowance—Master and Chief Engineer |
17.5(a)(i) |
11.69 |
118.20 |
per day |
|
Cooking allowance—Rating and General Purpose Rating acting as Cook |
17.5(b) |
4.17 |
42.16 |
per week |
|
Additional skills allowance—Rating and General Purpose Rating holding qualifications as a Crane Driver, Able Seaman or Offshore Watch-keeper |
17.5(c) |
12.51 |
126.49 |
per week |
B.1.2 Automatic adjustment of wage-related allowances
[B.1.2 renamed and substituted by PR750805 ppc 15Mar23]
The amount of each wage-related allowance is the percentage of the standard rate specified for the allowance and will automatically adjust to reflect the specified percentage when the standard rate is varied.
B.2 Expense-related allowances
[B.2.1 varied PR719021, PR729493, PR740898, PR762323, PR774105 ppc 01Jul24]
B.2.1 The following expense-related allowances will be payable to employees in accordance with clause 17—Allowances.
|
Allowance |
Clause |
$ |
Payable |
|
Industrial and protective clothing—sunglasses |
17.3(a)(iii) |
51.60 |
per annum |
|
Loss of personal effects allowance—maximum |
17.3(b)(ii) |
1790 |
per occasion |
|
Loss of personal effects—where damage or loss occurs on outside work—maximum |
17.3(b)(ii) |
2856 |
per occasion |
|
Loss of personal effects—maximum payable for one article |
17.3(b)(iii) |
476.32 |
per article per occasion |
|
Victualling and accommodation allowance in out-ports—breakfast |
17.3(d)(i) |
19.93 |
per occasion |
|
Victualling and accommodation allowance in out-ports—lunch |
17.3(d)(i) |
23.34 |
per occasion |
|
Victualling and accommodation allowance in out-ports—dinner |
17.3(d)(i) |
37.59 |
per occasion |
|
Victualling and accommodation allowance in out-ports—accommodation |
17.3(d)(i) |
104.55 |
per occasion |
|
Victualling and accommodation allowance in out-ports—total daily allowance |
17.3(d)(i) |
185.41 |
per day |
|
Telephone allowance |
17.4(d)(i) |
166.03 |
per annum |
|
Meal allowance |
17.4(g) |
17.95 |
per day |
B.2.2 Adjustment of expense-related allowances
(a) At the time of any adjustment to the standard rate, each expense-related allowance in clauses 17.3, 17.3(d) and 17.4(g) 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 |
|
Industrial and protective clothing |
Clothing and footwear group |
|
Telephone allowance |
Telecommunication equipment and services sub-group |
|
Loss of personal effects allowance |
Household appliances, utensils and tools sub-group |
|
Victualling and accommodation allowance in out-ports |
All groups |
Schedule C—Agreement to Take Annual Leave in Advance
Link to PDF copy of Agreement to Take Annual Leave in Advance.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:
The amount of leave to be taken in advance is: ____ hours/days
The leave in advance will commence on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
[If the employee is under 18 years of age - include:] I agree that: if, on termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement, then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued. Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
Schedule D—Agreement to Cash Out Annual Leave
Link to PDF copy of Agreement to Cash Out Annual Leave.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:
The amount of leave to be cashed out is: ____ hours/days
The payment to be made to the employee for the leave is: $_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)
The payment will be made to the employee on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
Include if the employee is under 18 years of age:
Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
[Schedule E—Part-day Public Holidays deleted by PR747363 ppc 14Nov22]
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