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Ports, Harbours and Enclosed Water Vessels Award 2020
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 9 April 2024 (PR771329).
Clause(s) affected by the most recent variation(s):
17—Superannuation
Table of Contents
[Varied by PR747364, PR750522]
Schedule C —Agreement for Time Off Instead of Payment for Overtime....................... 44
Schedule D —Agreement to Take Annual Leave in Advance............................................ 45
Part 1—Application and Operation of this Award
1.1 This award is the Ports, Harbours and Enclosed Water Vessels 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 PR733935]
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
all purposes means the payment will be included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave.
[Definition of casual employee inserted by PR733935 from 27Sep21]
casual employee has the meaning given by section 15A of the Act.
default fund employee means an employee who has no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth).
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.
employer means national system employer within the meaning of the Act.
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
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.
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.
ordinary hourly rate means the hourly rate for the employee's classification specified in clause 14—Minimum rates, plus any allowances specified as being included in the employee's ordinary hourly rate or payable for all purposes.
ports, harbours and enclosed water vessels industry has the meaning given in clause 4.2.
standard rate means the minimum weekly rate for a General Purpose Hand in clause 14.1.
wild catch fishing industry means the commercial operation of an employer to catch fish and other seafood that has grown to maturity in its natural environment. It does not include operations covered by the Aquaculture Industry Award 2020.
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 PR743428]
4.1 This industry award covers employers throughout Australia in respect of their operations in the ports, harbours and enclosed water vessels industry and their employees in the classifications listed in clause 14—Minimum rates to the exclusion of any other modern award.
4.2 For the purpose of clause 4.1, ports, harbours and enclosed water vessels industry means the operation of vessels of any type wholly or substantially within a port, harbour or other body of water within the Australian coastline or at sea on activities not covered by the awards listed in clauses 4.3 and 4.4..
(a) the Dredging Industry Award 2020;
(b) the Marine Tourism and Charter Vessels Award 2020;
(c) the Maritime Offshore Oil and Gas Award 2020;
(d) the Port Authorities Award 2020;
(e) the Stevedoring Industry Award 2020.
4.4 The award does not cover employers in respect of their operations covered by the Marine Towage Award 2020.
4.5 The award does not cover maintenance contractors covered by the following awards:
(a) the Manufacturing and Associated Industries and Occupations Award 2020; or
[4.5(b) varied by PR743428 ppc 11Jul22]
(b) the Electrical, Electronic and Communications Contracting Award 2020.
4.6 The award does not cover employees of a local government covered by another award.
4.7 This award does not cover:
(a) employees excluded from award coverage by the Act;
(b) 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
(c) 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.
4.8 This award does not cover employees in the wild catch fishing industry (as defined in clause 2—Definitions of this award).
4.9 This award covers any employer which supplies labour on an on-hire basis in the ports, harbours and enclosed water vessels 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 4.9 operates subject to the exclusions from coverage in this award.
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 PR763249 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 28—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: |
|
13.3(c) |
Breaks—breakfast |
An individual |
|
13.5(b) and 13.5(c) |
Breaks—tea |
An individual |
|
18.4 |
Time off instead of payment for overtime |
An individual |
|
20.4 |
Annual leave in advance |
An individual |
|
20.5 |
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.
8.2 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, part-time or casual.
An employer may employ an employee on a full-time basis of 38 hours per week.
10.1 An employer may employ part-time employees in any classification in this award.
10.2 A part-time employee is an employee who:
(a) has reasonably predictable hours of work; 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.
10.3 A part-time employee employed under clause 10 must be paid at the ordinary hourly rate for the employee’s classification in clause 14.1.
10.4 All leave accruals and separation entitlements of part-time employees will be calculated and paid on a pro rata basis of the full-time employee at the full-time rate of pay.
(a) the hours worked each day;
(b) the days of the week the employee will work; and
(c) the actual starting and finishing times each day.
10.6 Any agreed variation to the regular pattern of work will be recorded in writing.
10.7 An employee is required to roster a regular part-time employee for a minimum of 2 consecutive hours on any shift.
10.8 All time worked in excess of the hours as mutually agreed, will be overtime.
10.9 Conversion of employment—full-time to part-time or part-time to full-time
(b) Conversion to or from part-time or full-time employment under clause 10.9(a) may only occur where the employer and employee agree in writing.
(c) If an employee converts their employment in accordance with clause 10.9(a), all accrued award and legislative entitlements will be maintained.
(d) Following a conversion to part-time employment accrual will occur in accordance with the provisions relevant to part-time employment.
[Varied by PR723952, PR733935]
[11.1 deleted by PR733935 from 27Sep21]
[11.2 renumbered as 11.1 by PR733935 from 27Sep21]
[11.2(a) substituted by PR723952 ppc 20Nov20]
(a) For each ordinary hour worked, a casual employee must be paid:
(i) the ordinary hourly rate for the classification in which they are employed; and
(ii) a loading of 25% of the ordinary hourly rate.
(b) The casual loading incorporates the casual employees’ entitlements to annual leave, annual leave loading and any other rates and allowances contained in this award except overtime and shiftwork rates.
[New 11.3 inserted by PR723952 ppc 20Nov20; 11.3 renumbered as 11.2 by PR733935 from 27Sep21]
11.2 When a casual employee works overtime, they must be paid the overtime rates in clause 18.2.
[11.3 renumbered as 11.4 by PR723952, 11.4 renumbered as 11.3 by PR733935 from 27Sep21]
11.3 Casual employees must be paid at the termination of each engagement but may agree to be paid weekly or fortnightly.
[11.4 renumbered as 11.5 by PR723952 ppc 20Nov20; deleted by PR733935 from 27Sep21]
11.4 Minimum payment for casual employees
[11.5 renumbered as 11.6 by PR723952, 11.6 renumbered as 11.4 PR733935 from 27Sep21]
On each occasion a casual employee is required to attend work they are entitled to a minimum payment for 3 hours’ work.
11.5 Offers and requests for casual conversion
[11.6 renumbered as 11.7 by PR723952 ppc 20Nov20; 11.7 renumbered as 11.5 and renamed and substituted by PR733935 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 28—Dispute resolution.
12. Ordinary hours of work and rostering
12.1 Clause 12 supplements Division 3 of the NES which deals with maximum weekly hours.
Ordinary hours may be worked between 6.00 am and 6.00 pm for up to 8 hours per day, Monday to Friday inclusive.
12.3 Rostering
An employee will be rostered off for 2 consecutive days each week except where the employer and the employee agree otherwise.
12.4 Ten hour break
(a) An employee who has been on duty continuously, including meal breaks, for more than 18 hours will not be required by their employer to continue duty until they have had a period of 10 hours off duty for the purpose of rest.
(b) If an employee resumes or continues work at the request of the employer after they have been on duty continuously, including meal breaks for more than 18 hours, they will be entitled to be paid at 200% of the ordinary hourly rate for the period of duty in addition to any other payment due to them until the 10 hours’ rest period from duty commences.
(c) Employees will be paid their ordinary hourly rate for any rest period occurring in ordinary working hours.
13. Breaks—unpaid
13.1 An employee will not be required to work for more than 5 hours without a break for a meal.
13.2 The meal breaks in clauses 13.3, 13.4 and 13.5 are unpaid.
(a) Breakfast is the hour preceding the usual starting time.
(b) The breakfast break will not be taken when employees are required to commence at 7.00 am or after, and preceding the usual starting time.
(d) This rest period will commence 20 minutes before the usual starting time unless otherwise mutually agreed.
(e) Employees ordered in to dock or shift a vessel at 7.00 am will not be entitled to a meal break before noon.
(f) Employees ordered in at any time before 7.00 am will have an hour for breakfast not later than 8.00 am or a rest period of 20 minutes as provided in clause 13.3(c).
Lunch is from noon to 12.45 pm, or such period as is the usual custom of the establishment at which the employees are employed.
(c) The times prescribed in clause 13.5(a) may be altered by mutual agreement between the employer and employee concerned.
13.6 Payment for work during breaks
(c) Clauses 13.6(a) and 13.6(b) have no application to establishments or jobs where, in accordance with clause 13, it is customary for paid rest periods to be taken instead of the breakfast and/or tea breaks, and the rest periods are allowed and taken.
[Varied by PR718870, PR729310, PR740732, PR762161]
[14.1 varied by PR718870, PR729310, PR740732, PR762161 ppc 01Jul23]
|
Classification |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
Master |
1165.60 |
30.67 |
|
Mate |
1110.10 |
29.21 |
|
Engineer |
1110.10 |
29.21 |
|
General Purpose Hand, Deckhand, Greaser, Passenger Attendant, Turnstile Attendant, Boating Attendant, Host, Fireman, Trimmer, Linesman, Cook, Sailor, Able Seaman, Leading Hand |
1050.50 |
27.64 |
|
Shipkeeper |
963.00 |
25.34 |
|
Crane Driver (under 20 tonnes) |
980.20 |
25.79 |
|
Crane Driver (over 20 tonnes) |
1079.20 |
28.40 |
NOTE: See Schedule A—Summary of Hourly Rates of Pay for a summary of hourly rates of pay, including overtime and penalty rates.
An employee engaged for more than 2 hours during one day on work carrying a higher rate than their ordinary classification will be paid the higher rate for that day. If engaged for 2 hours or less during one day they will be paid the higher rate for the time worked at the higher classification.
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.
15.1 Wages will be paid weekly or fortnightly. Wages may be paid by cash or electronic funds transfer (EFT).
15.2 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 15.2(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 15.2(b) allows the Commission to make an order delaying the requirement to make a payment under clause 15.2. 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 PR718870, PR719023, PR729310, PR729495, PR740732, PR740900, PR762161, PR762325]
16.1 Employers must pay to an employee the allowances the employee is entitled to under clause 16.
NOTE: See Schedule B—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
Allowances paid for all purposes are included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave. The following allowances are paid for all purposes under this award:
(i) towing allowance—towing or carrying explosives (clause 16.2(m)(i)); and
(ii) towing allowance—towing non self-propelled bunker barges (clause 16.2(m)(ii)).
[16.2(b) varied by PR718870, PR729310, PR740732, PR762161 ppc 01Jul23]
Charge hands will be paid an allowance of $34.25 per week. Charge hands not directly supervised by a foreman in the allocation of duties to employees will be paid an allowance of $50.95 per week.
(c) Distant work
(i) A relieving employee other than a casual employee who is required to work at a place away from their normal place of work will be paid all additional fares involved and additional travelling time involved at the rate of single time; provided that no employee will be paid more than their ordinary day’s wages for any time not exceeding 24 hours spent travelling.
[16.2(c)(ii) varied by PR718870, PR729310, PR740732, PR762161 ppc 01Jul23]
[16.2(d) varied by PR718870, PR729310, PR740732, PR762161 ppc 01Jul23]
An employee who is a holder of a Certificate of Competency as a Marine Motor Engineer will be paid an allowance of $6.09 ($0.76 per hour) for each day or part of a day during which they are required to use such a certificate. The allowance prescribed by clause 16.2(d) will, when paid, be deemed to be part of the ordinary rate for the purpose of calculating overtime, annual leave, sick leave and long service leave.
(e) Dirty work
[16.2(e)(i) varied by PR718870, PR729310, PR740732, PR762161 ppc 01Jul23]
(i) An employee called upon to perform work which is more dirty or offensive than would normally apply will be paid an additional $0.74 per hour for the time spent on such work.
[16.2(e)(ii) varied by PR718870, PR729310, PR740732, PR762161 ppc 01Jul23]
(ii) Provided that, instead of the above allowance, for all work an employee is required to perform alongside vessels in discharging alumina, petroleum, coke, sulphur, anhydrous ammonia and all phosphates, the employee will be paid an allowance of $1.89 per hour. The employee will be eligible for this payment from the time the barge ties up to the vessel until the time it returns to its berth at the completion of the bunker.
[16.2(f)(i) varied by PR718870, PR729310, PR740732, PR762161 ppc 01Jul23]
(i) Any employee working in water or wet places will be paid an extra allowance of $0.32 per hour.
(ii) Wet places mean places where, in the performance of the work, the splashing of water or mud saturates the employee’s clothing, or where protection is not provided to prevent splashing or dripping sufficient to saturate their clothing, and will include wet material or wet ground in which it is impracticable for the employee wearing ordinary working boots to work without getting wet feet. Provided clause 16.2(f) will not apply to employees working on natural surfaces made wet by rain.
(g) Unloading and loading garbage allowance
[16.2(g) varied by PR718870, PR729310, PR740732, PR762161 ppc 01Jul23]
An employee called upon to work at loading or unloading garbage and/or ashes or other like material will be paid an allowance of $0.74 per hour.
[16.2(h) varied by PR718870, PR729310, PR740732, PR762161 ppc 01Jul23]
An employee required to work in the bilges will be paid an allowance of $1.16 per hour.
[16.2(i) varied by PR729310, PR740732, PR762161 ppc 01Jul23]
Employees using electric or pneumatic chipping hammers, wire brushing machine and sandblasting machine will be paid $0.11 per hour in addition to any other ordinary or overtime rate for the time so occupied. Where a chipping hammer is being used in a confined space, suitable ventilation will be installed, if practicable, before work commences.
[16.2(j) varied by PR718870, PR729310, PR740732, PR762161 ppc 01Jul23]
An employee on becoming qualified as the holder of appropriate first aid qualifications such as a certificate from the St John Ambulance or its equivalent, and who is required by the employer to perform first aid duty, will be paid an allowance of $17.86 per week.
(k) Loading and discharge of cargo and supplies
An employee directed by the employer to load or discharge cargo including personal belongings of passengers, foodstuffs, beverages, or laundry, will be paid allowances as set out below when so engaged.
[16.2(k)(i) varied by PR718870, PR729310, PR740732, PR762161 ppc 01Jul23]
· $6.30 per day for the first 5 days; and
· $6.41 per day thereafter.
[16.2(k)(ii) varied by PR718870, PR729310, PR740732, PR762161 ppc 01Jul23]
[16.2(k)(iii) varied by PR718870, PR729310, PR740732, PR762161 ppc 01Jul23]
(iii) On vessels engaged in overnight cruises of one to 6 nights – $21.12 per trip.
[16.2(k)(iv) varied by PR718870, PR729310, PR740732, PR762161 ppc 01Jul23]
(iv) On vessels engaged in overnight cruises over 6 nights – $31.52 per trip.
(v) Provided that:
· an additional amount will not be payable where the loading or discharge is restricted to ships stores, fuel and or water cargoes, incidental personal belongings of passengers, or other items required on board exclusively for a day cruise; and
· an employee may be required to supervise the loading or discharge (including roll on/roll off cargoes) where such work is part of their normal duties, without additional payment.
[16.2(l)(i) varied by PR718870, PR729310, PR740732, PR762161 ppc 01Jul23]
(i) An employee who is required by their employer to telephone for orders will:
· if an employee has a telephone installed at their home, be paid the annual rental of such telephone plus $173.44 per year for calls necessarily incurred by the employee for ringing for such orders. If the employee is required by their employer to have a phone installed, the installation fee will be paid by the employer; or
· an off-duty employee required to ring for orders other than on a phone provided totally or in part by the employer, will receive an allowance of $4.41 for each call.
[16.2(m)(i) varied by PR718870, PR729310, PR740732, PR762161 ppc 01Jul23]
(i) Employees on any vessel either towing or carrying explosives will be paid an additional $3.05 for each day or part thereof while so engaged. This rate will be treated as part of the ordinary rate for all purposes of this award. For the purposes of clause 16.2(m), explosives means any material used as an explosive, such as gunpowder, blasting powder or materials, or any other material of like nature, but does not include petroleum products.
[16.2(m)(ii) varied by PR718870, PR729310, PR740732, PR762161 ppc 01Jul23]
(iii) Employees on vessels proceeding beyond the limits of a harbour, river or bay will whilst so engaged be paid their ordinary hourly rate plus an allowance of 25% of their ordinary hourly rate for each day with a minimum payment for hours.
(n) Ships stranded or wrecked or on fire
[16.2(n)(i) varied by PR718870, PR729310, PR740732, PR762161 ppc 01Jul23]
(ii) For the purposes of clause 16.2(n) a ship will be deemed to be wrecked if, while at sea, it is so disabled it becomes a dangerous crisis and unable for the time being to continue its voyage in the ordinary course of its operations.
(iii) Where a ship grounds in a tidal river or harbour and is refloated by ordinary means, with or without cargo, and without special work such as laying out anchors and handling hawsers being required of the employees, it will not be deemed to be wrecked or stranded within the meaning of clause 16.2(n)(i).
(o) Duties outside normal work—diving
[16.2(o) varied by PR718870, PR729310, PR740732, PR762161 ppc 01Jul23]
An amount of $5.78 per day will be paid in excess of other rates and allowances to employees, for each day they are required to perform the duties of diving to clean glass bottom boats or to clear obstructions from boats propellers.
16.3 Expense-related allowances
[16.3(a)(i) varied by PR719023, PR729495, PR740900, PR762325 ppc 01Jul23]
(i) An employee will be provided with a suitable meal or be paid an allowance of $19.61 when the employee is required to work overtime in excess of one and a half hours after the usual ceasing time without being notified the previous day.
[16.3(a)(ii) varied by PR719023, PR729495, PR740900, PR762325 ppc 01Jul23]
(ii) Should the overtime work continue for a further 4 hours, the employee will be provided with a second meal or be paid an additional $19.61.
(b) Expenses
The employer will reimburse an employee any expenses reasonably incurred by them in the service or interest of the employer, provided the employee is able to prove such expense by way of receipts.
(c) Bedding and other utensils
(i) When vessels are away during the night, the employer will supply a mattress, 2 blankets, 2 sheets, one pillow, one pillow slip, towel, soap, eating utensils, washing cloths and drying towels. Laundering is the responsibility of the employer.
(d) Compensation for loss of personal effects
[16.3(d) varied by PR719023, PR729495, PR740900, PR762325 ppc 01Jul23]
The employer will compensate the employee to the extent of damage or loss to a maximum of $2226 if:
(i) in the course of employment, an employee should sustain damage to or loss of their personal effects by fire, explosion, foundering, shipwreck, collision, stranding or accident and where the damage was not caused by the employee’s own wilful neglect or fault; or
(ii) where the personal effects are lost through breaking or entering while securely stored at the employer’s direction in a room or building on the employer’s premises, vessel or workshop.
(e) Protective clothing
On request an employee will be supplied by the employer with an oilskin, waterproof coat, sea boots, overalls, gloves, hard hats, sunscreen lotion, safety glasses, safety shoes, sunglasses and ear protection devices for their own use when it is reasonably necessary to wear such protective clothing.
(f) Tools
Where employees are required to provide and use their own tools the employer will be responsible for the replacement of such tools broken, worn out, lost or stolen in the course of employment.
(g) Transport
[16.3(g)(i) varied by PR729495, PR740900, PR762325 ppc 01Jul23]
(i) Where an employee commences or finishes work or is required for call-out between the hours of 11.00 pm and 6.00 am the employer will:
· supply them with a conveyance to or from their home whichever is appropriate;
· pay them for time spent in reaching their home or travelling there from at the employee’s ordinary weekly rate with a minimum of half an hour and a maximum of one hour; or
· if by arrangement with their employer the employee uses their own motor vehicle they will receive an allowance of not less than $0.95 per kilometre.
[16.3(g)(ii) varied by PR729495, PR740900, PR762325 ppc 01Jul23]
· will be paid $0.95 per kilometre for the distance in excess of the distance involved in getting to their normal starting or finishing point; and
· will be paid at their ordinary hourly rate for the time in excess of the time involved in getting to their normal starting or finishing point, with a minimum of payment of half an hour and a maximum of one hour.
· will be paid any reasonable travelling expenses; and
· will also be paid at overtime rates of pay for any travelling time beyond their ordinary travelling time.
(h) Travelling to another port
(i) When an employee is required to travel from their home port to another port, time spent travelling outside of their ordinary hours will be paid for as travelling time.
(ii) The rate of pay for travelling time will be ordinary rates, except on Sundays and public holidays when it will be at 150% of the ordinary hourly rate.
(iii) The maximum travelling time to be paid for will be 8 hours on any one day.
(i) Travelling expenses
(i) Where an employee is required to join or leave a vessel at a place other than their place of engagement, they will be entitled to a free passage and to be reimbursed all out of pocket expenses reasonably incurred by them.
(ii) If the free passage is by rail it will be first class and will include a sleeping berth when the train includes sleeping berth accommodation. If the free passage is by air it will be in commercial aircraft; first class if available.
(j) Living away from home
(i) An employer will provide the employee with proper meals and accommodation and be responsible for payment of reasonable expenses actually incurred for meals and accommodation ashore, whilst the employee is away from the vessel’s home port.
(ii) Every employee will be provided with proper meals, eating utensils, bedding and soap, and be supplied once a week with clean bed linen and twice a week with clean towels whilst at sea. The employer will be responsible for the laundering of linen and towels.
(iii) Where it is the employer’s responsibility to provide the employee with proper meals and accommodation ashore, and the employer fails to do so, the employer will reimburse the employee for all costs incurred in relation to normal meals and charges incurred for a good standard of accommodation.
(iv) Tea, sugar, milk and coffee will be provided on all vessels for employees at the employer’s expense.
Where employees are required to wear uniforms, these will be provided by the employer at no cost to the employee. Alternatively, the employer will pay to the employee the sum of $18.30 per week. Uniforms will be laundered by the employer.
[Varied by PR771329]
17.1 Superannuation legislation
[17.1 substituted by PR771329 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 17 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.
17.3 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 17.2.
(c) The employer must pay the amount authorised under clauses 17.3(a) or 17.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 17.3(a) or 17.3(b) was made.
17.4 Superannuation fund
[17.4 varied by PR771329 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 17.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 17.2 and pay any amount authorised under clauses 17.3(a) or 17.3(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) 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
(d) a superannuation fund or scheme which the employee is a defined benefit member of.
Part 5—Overtime and Penalty Rates
18. Overtime and penalty rates
[Varied by PR723952, PR763249]
18.1 Entitlement to payment for overtime
Overtime is payable to employees for any time worked outside of ordinary hours on a Monday to Friday (except a public holiday).
[18.2 substituted by PR723952 ppc 20Nov20]
18.2 Employees will be paid the following rates for overtime worked Monday to Friday; work on a Saturday or on a Sunday; or work on a public holiday:
|
|
|
Full-time and part-time employees |
Casual employees |
|
Overtime |
|
% of ordinary hourly rate |
% of ordinary hourly rate |
|
Monday to Friday |
First 3 hours |
150 |
175 |
|
After 3 hours |
200 |
225 |
|
|
Saturday |
150 |
175 |
|
|
Sunday |
200 |
225 |
|
|
Public holiday |
250 |
275 |
|
NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.1(a)(ii) to the overtime rates for full-time and part-time employees prescribed by clause 18.2.
18.3 Minimum payment for recall to work overtime
An employee will be paid for a minimum of 4 hours if recalled to work overtime after leaving the employer’s premises.
18.4 Time off instead of payment for overtime
(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.
(c) An agreement must state each of the following:
(i) the number of overtime hours to which it applies and when those hours were worked;
(ii) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;
(iv) that any payment mentioned in clause 18.4(c)(iii) must be made in the next pay period following the request.
NOTE: An example of the type of agreement required by clause 18.4 is set out at Schedule C—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule C—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 18.4 can also be made by an exchange of emails between the employee and employer, or by other electronic means.
(d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.
EXAMPLE: By making an agreement under clause 18.4 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.
(i) within the period of 6 months after the overtime is worked; and
(ii) at a time or times within that period of 6 months agreed by the employee and employer.
(f) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 18.4 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.
(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 18.4(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.
(h) The employer must keep a copy of any agreement under clause 18.4 as an employee record.
(i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.
(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 18.4 will apply, including the requirement for separate written agreements under clause 18.4(b) for overtime that has been worked.
[Note varied by PR763249 ppc 01Aug23]
NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65A(3) of the Act).
(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 18.4 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.
NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 18.4
19.1 Shiftwork definitions:
(a) afternoon shift means any shift finishing after 6.00 pm and at or before midnight;
(b) continuous work means work carried out:
(i) on consecutive shifts of employees;
(ii) over 24 hours a day;
(iii) for at least 6 consecutive days; and
(iv) without interruption, except during breakdowns, meal breaks or due to unavoidable causes beyond the control of the employer;
(c) night shift means any shift finishing after midnight and at or before 8.00 am;
(d) permanent night shift employee means an employee who:
(i) during a period of engagement on shift, works night shift only;
(ii) remains on night shift for a period longer than 4 consecutive weeks; or
(iii) works on a night shift which does not rotate or alternate with another shift or with day work so as to give them at least one third of their working time off night shift in each shift cycle during such engagement period or cycle.
|
Type of shift |
% of the ordinary hourly rate |
|
Afternoon shift |
115 |
|
Night shift |
115 |
|
Permanent night shift |
130 |
19.3 The shift work rates in clause 19.2 are not payable when working overtime. The relevant overtime rate in clause 18.2 is payable instead.
Part 6—Leave and Public Holidays
20.1 The following provisions supplement the NES.
20.2 Annual leave loading
A loading of 17.5% (20% for shiftworkers) is payable in addition to the payment for the leave.
NOTE: Where an employee is receiving over-award payments such that the employee’s base rate of pay is higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).
For the purpose of Division 6 of the NES a shiftworker is an employee employed on shiftwork where 3 shifts per day are worked over a period of 7 days per week or an employee regularly rostered to work on Sundays and public holidays.
(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 20.4 is set out at Schedule D—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule D—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 20.4 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 20.4, 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.
20.5 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 20.5.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 20.5.
(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 20.5 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 20.5 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 20.5 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 20.5.
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 20.5.
NOTE 3: An example of the type of agreement required by clause 20.5 is set out at Schedule E—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule E—Agreement to Cash Out Annual Leave.
20.6 Excessive leave accruals: general provision
NOTE: Clauses 20.6 to 20.8 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Act.
(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 20.3).
(c) Clause 20.7 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 20.8 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
20.7 Excessive leave accruals: direction by employer that leave be taken
(a) If an employer has genuinely tried to reach agreement with an employee under clause 20.6(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.
(b) However, a direction by the employer under clause 20.7(a):
(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 20.6, 20.7 or 20.8 or otherwise agreed by the employer and employee) are taken into account; and
(ii) must not require the employee to take any period of paid annual leave of less than one week; and
(iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and
(iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.
(c) The employee must take paid annual leave in accordance with a direction under clause 20.7(a) that is in effect.
(d) An employee to whom a direction has been given under clause 20.7(a) may request to take a period of paid annual leave as if the direction had not been given.
NOTE 1: Paid annual leave arising from a request mentioned in clause 20.7(d) may result in the direction ceasing to have effect. See clause 20.7(b)(i).
NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
20.8 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 20.6(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.
(b) However, an employee may only give a notice to the employer under clause 20.8(a) if:
(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and
(ii) the employee has not been given a direction under clause 20.7(a) that, when any other paid annual leave arrangements (whether made under clause 20.6, 20.7 or 20.8 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.
(c) A notice given by an employee under clause 20.8(a) must not:
(i) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 20.6, 20.7 or 20.8 or otherwise agreed by the employer and employee) are taken into account; or
(ii) provide for the employee to take any period of paid annual leave of less than one week; or
(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or
(iv) be inconsistent with any leave arrangement agreed by the employer and employee.
(d) An employee is not entitled to request by a notice under clause 20.8(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 20.3) in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under clause 20.8(a).
21. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
22. Parental leave and related entitlements
[22 varied by PR763249 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 28—Dispute resolution and/or under section 76B of the Act.
Community service leave is provided for in the NES.
24. Family and domestic violence leave
[24—Unpaid family and domestic violence leave renamed and substituted by PR750522 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.
[Varied by PR747364]
25.1 Public holiday entitlements are provided for in the NES.
[25.3 substituted by PR747364 ppc 14Nov22]
25.3 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 25.2.
Part 7—Consultation and Dispute Resolution
26. Consultation about major workplace change
26.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:
(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and
(b) discuss with affected employees and their representatives (if any):
(i) the introduction of the changes; and
(ii) their likely effect on employees; and
(iii) measures to avoid or reduce the adverse effects of the changes on employees; and
(c) commence discussions as soon as practicable after a definite decision has been made.
26.2 For the purposes of the discussion under clause 26.1(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.
26.3 Clause 26.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
26.4 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 26.1(b).
26.5 In clause 26 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.
26.6 Where this award makes provision for alteration of any of the matters defined at clause 26.5, such alteration is taken not to have significant effect.
27. Consultation about changes to rosters or hours of work
27.1 Clause 27 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.
27.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 27.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
27.4 The employer must consider any views given under clause 27.3(b).
27.5 Clause 27 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.
[Varied by PR763249]
28.1 Clause 28 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
28.3 If the dispute is not resolved through discussion as mentioned in clause 28.2, 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.
28.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 28.2 and 28.3, a party to the dispute may refer it to the Fair Work Commission.
28.5 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.
28.6 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.
28.7 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 28.
28.8 While procedures are being followed under clause 28 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.
28.9 Clause 28.8 is subject to any applicable work health and safety legislation.
[Note 1 inserted by PR763249 ppc 01Aug23]
NOTE 1: In addition to clause 28, 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 PR763249 ppc 01Aug23]
NOTE 2: In addition to clause 28, 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
29.1 Notice of termination by an employee
(a) Clause applies to all employees except those identified in sections 123(1) and 123(3) of the Act.
(b) An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.
|
Column 1 |
Column 2 |
|
Not more than 1 year |
1 week |
|
More than 1 year but not more than 3 years |
2 weeks |
|
More than 3 years but not more than 5 years |
3 weeks |
|
More than 5 years |
4 weeks |
NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.
(c) In clause 29.1(b) continuous service has the same meaning as in section 117 of the Act.
(d) If an employee who is at least 18 years old does not give the period of notice required under clause 29.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.
(e) If the employer has agreed to a shorter period of notice than that required under clause 29.1(b), then no deduction can be made under clause 29.1(d).
(f) Any deduction made under clause 29.1(d) must not be unreasonable in the circumstances.
(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 29.2 is to be taken at times that are convenient to the employee after consultation with the employer.
29.3 Return to place of engagement
If the employment of any employee is terminated by the employer elsewhere than at the place of engagement, for any reason other than misconduct, the employer will be responsible for conveying the employee to the place of engagement.
NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.
30.1 Transfer to lower paid duties on redundancy
(a) Clause 30.1 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 30.1(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, shift rates 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, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.
30.2 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 30 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.
30.3 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 30.3(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 30.3(b).
(d) An employee who fails to produce proof when required under clause 30.3(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 29.2.
Schedule A—Summary of Hourly Rates of Pay
[Varied by PR718870, PR729310, PR740732, PR762161, PR769728]
A.1 Ordinary hourly rate
A.1.1 Ordinary hourly rate is the minimum hourly rate of pay for an employee plus any allowance payable for all purposes to which the employee is entitled. Where an allowance is payable for all purposes in accordance with clause 16.2(a), this forms part of the employee’s ordinary hourly rate and must be added to the minimum hourly rate prior to calculating penalties and overtime.
A.1.2 The rates in the tables below are based on the minimum hourly rates in accordance with clause 14.1. Consistent with clause A.1.1, all-purpose allowances need to be added to the rates in the table where they are applicable.
A.2 Full-time and part-time employees
A.2.1 Full-time and part-time employees other than shiftworkers—ordinary and penalty rates
[A.2.1 varied by PR718870, PR729310, PR740732, PR762161 ppc 01Jul23]
|
|
Ordinary hours |
Saturday |
Sunday |
Public holiday |
|
|
% of ordinary hourly rate1 |
|||
|
|
100% |
150% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
|
Master |
30.67 |
46.01 |
61.34 |
76.68 |
|
Mate |
29.21 |
43.82 |
58.42 |
73.03 |
|
Engineer |
29.21 |
43.82 |
58.42 |
73.03 |
|
General Purpose Hand, Deckhand, Greaser, Passenger Attendant, Turnstile Attendant, Boating Attendant, Host, Fireman, Trimmer, Linesman, Cook, Sailor, Able Seaman, Leading Hand |
27.64 |
41.46 |
55.28 |
69.10 |
|
Shipkeeper |
25.34 |
38.01 |
50.68 |
63.35 |
|
Crane Driver (under 20 tonnes) |
25.79 |
38.69 |
51.58 |
64.48 |
|
Crane Driver (over 20 tonnes) |
28.40 |
42.60 |
56.80 |
71.00 |
1 Rates in table are calculated based on the minimum hourly rate, see clauses A.1.1 and A.1.2.
A.2.2 Full-time and part-time shiftworkers—ordinary and penalty rates
[A.2.2 varied by PR718870, PR729310, PR740732, PR762161 ppc 01Jul23]
|
|
Afternoon |
Night |
Permanent night |
Saturday |
Sunday |
Public holiday |
|
|
% of ordinary hourly rate1 |
|||||
|
|
115% |
115% |
130% |
150% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
Master |
35.27 |
35.27 |
39.87 |
46.01 |
61.34 |
76.68 |
|
Mate |
33.59 |
33.59 |
37.97 |
43.82 |
58.42 |
73.03 |
|
Engineer |
33.59 |
33.59 |
37.97 |
43.82 |
58.42 |
73.03 |
|
General Purpose Hand, Deckhand, Greaser, Passenger Attendant, Turnstile Attendant, Boating Attendant, Host, Fireman, Trimmer, Linesman, Cook, Sailor, Able Seaman, Leading Hand |
31.79 |
31.79 |
35.93 |
41.46 |
55.28 |
69.10 |
|
Shipkeeper |
29.14 |
29.14 |
32.94 |
38.01 |
50.68 |
63.35 |
|
Crane Driver (under 20 tonnes) |
29.66 |
29.66 |
33.53 |
38.69 |
51.58 |
64.48 |
|
Crane Driver (over 20 tonnes) |
32.66 |
32.66 |
36.92 |
42.60 |
56.80 |
71.00 |
1 Rates in table are calculated based on the minimum hourly rate, see clauses A.1.1 and A.1.2.
A.3 Casual employees
A.3.1 Casual employees other than shiftworkers—ordinary and penalty rates
[A.3.1 varied by PR718870, PR729310, PR740732, PR762161, PR769728 ppc 08Jan24]
|
|
Ordinary hours |
Saturday |
Sunday |
Public holiday |
|
|
% of ordinary hourly rate1 |
|||
|
|
125% |
175% |
225% |
275% |
|
|
$ |
$ |
$ |
$ |
|
Master |
38.34 |
53.67 |
69.01 |
84.34 |
|
Mate |
36.51 |
51.12 |
65.72 |
80.33 |
|
Engineer |
36.51 |
51.12 |
65.72 |
80.33 |
|
General Purpose Hand, Deckhand, Greaser, Passenger Attendant, Turnstile Attendant, Boating Attendant, Host, Fireman, Trimmer, Linesman, Cook, Sailor, Able Seaman, Leading Hand |
34.55 |
48.37 |
62.19 |
76.01 |
|
Shipkeeper |
31.68 |
44.35 |
57.02 |
69.69 |
|
Crane Driver (under 20 tonnes) |
32.24 |
45.13 |
58.03 |
70.92 |
|
Crane Driver (over 20 tonnes) |
35.50 |
49.70 |
63.90 |
78.10 |
1 Rates in table are calculated based on the minimum hourly rate, see clauses A.1.1 and A.1.2.
A.3.2 Casual shiftworkers—ordinary and penalty rates
[A.3.2 varied by PR718870, PR729310, PR740732, PR762161, PR769728 ppc 08Jan24]
|
|
Afternoon |
Night |
Permanent night |
Saturday |
Sunday |
Public holiday |
|
|
% of ordinary hourly rate 1 |
|||||
|
|
140% |
140% |
155% |
175% |
225% |
275% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
Master |
42.94 |
42.94 |
47.54 |
53.67 |
69.01 |
84.34 |
|
Mate |
40.89 |
40.89 |
45.28 |
51.12 |
65.72 |
80.33 |
|
Engineer |
40.89 |
40.89 |
45.28 |
51.12 |
65.72 |
80.33 |
|
General Purpose Hand, Deckhand, Greaser, Passenger Attendant, Turnstile Attendant, Boating Attendant, Host, Fireman, Trimmer, Linesman, Cook, Sailor, Able Seaman, Leading Hand |
38.70 |
38.70 |
42.84 |
48.37 |
62.19 |
76.01 |
|
Shipkeeper |
35.48 |
35.48 |
39.28 |
44.35 |
57.02 |
69.69 |
|
Crane Driver (under 20 tonnes) |
36.11 |
36.11 |
39.97 |
45.13 |
58.03 |
70.92 |
|
Crane Driver (over 20 tonnes) |
39.76 |
39.76 |
44.02 |
49.70 |
63.90 |
78.10 |
1 Rates in table are calculated based on the minimum hourly rate, see
clauses A.1.1 and A.1.2.
Schedule B—Summary of Monetary Allowances
[Varied by PR718870, PR719023; corrected by PR724334; varied by PR729310, PR729495, PR740732, PR740900, PR750808, PR762161, PR762325]
See clause 16—Allowances for full details of allowances payable under this award.
[B.1.1 varied by PR718870, PR729310, PR740732, PR762161 ppc 01Jul23]
B.1.1 The following wage-related allowances are based on the weekly standard rate defined in clause 2—Definitions as the minimum weekly rate for a General Purpose Hand in clause 14.1 = $1050.50. These rates are to be paid in accordance with clause 16.2:
|
Clause |
% of standard rate |
$ |
Payable |
|
|
Charge hands allowance |
16.2(b) |
3.26 |
34.25 |
per week |
|
Charge hands allowance—not directly supervised by foreman |
16.2(b) |
4.85 |
50.95 |
per week |
|
Distant work—relieving employee—week of 7 days |
16.2(c)(ii) |
56.23 |
590.70 |
per week |
|
Distant work—relieving employee—broken parts of a week |
16.2(c)(ii) |
8.0 |
84.04 |
per day |
|
Dual capacity allowance—per day or part thereof |
16.2(d) |
0.58 |
6.09 |
per day or part thereof |
|
Dual capacity allowance—per hour |
16.2(d) |
Daily allowance / 8 |
0.76 |
per hour |
|
Dirty or offensive work allowance |
16.2(e)(i) |
0.07 |
0.74 |
per hour |
|
Dirty work allowance—work alongside vessels in discharging alumina, petroleum, coke etc. |
16.2(e)(ii) |
0.18 |
1.89 |
per hour |
|
Wet work allowance |
16.2(f)(i) |
0.03 |
0.32 |
per hour |
|
Unloading and loading garbage allowance |
16.2(g) |
0.07 |
0.74 |
per hour |
|
Bilge allowance |
16.2(h) |
0.11 |
1.16 |
per hour |
|
Chipping hammers allowance |
16.2(i) |
0.01 |
0.11 |
per hour |
|
First aid allowance |
16.2(j) |
1.7 |
17.86 |
per week |
|
Loading and discharge of cargo and supplies—transporting passengers and cargo—week of 5 working days |
16.2(k)(i) |
0.6 |
6.30 |
per day |
|
Loading and discharge of cargo and supplies—transporting passengers and cargo—working week in excess of 5 days—additional allowance |
16.2(k)(i) |
0.61 |
6.41 |
per day |
|
Loading and discharge of cargo and supplies—transporting cargo only |
16.2(k)(ii) |
5.23 |
54.94 |
per trip |
|
Loading and discharge of cargo and supplies—overnight cruises, one to 6 nights |
16.2(k)(iii) |
2.01 |
21.12 |
per trip |
|
Loading and discharge of cargo and supplies—overnight cruises, over 6 nights |
16.2(k)(iv) |
3.0 |
31.52 |
per trip |
|
Waiting orders—telephone installed at home |
16.2(l)(i) |
16.51 |
173.44 |
per annum |
|
Waiting orders—off-duty employee |
16.2(l)(i) |
0.42 |
4.41 |
per call |
|
Towing allowance—towing or carrying explosives1 |
16.2(m)(i) |
0.29 |
3.05 |
per day or part thereof |
|
Towing allowance—towing non self-propelled bunker barges1 |
16.2(m)(ii) |
0.27 |
2.84 |
per day or part thereof |
|
Special efforts allowance—ships stranded or wrecked or on fire |
16.2(n)(i) |
1.71 |
17.96 |
per hour |
|
Loading for duties outside normal work |
16.2(o) |
0.55 |
5.78 |
per day |
1 This allowance applies for all purposes.
B.1.2 Automatic adjustment of wage-related allowances
[B.1.2 renamed and substituted by PR750808 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 by PR719023; corrected by PR724334; varied by PR729495, PR740900, PR762325 ppc 01Jul23]
B.2.1 The following expense-related allowances will be payable to employees in accordance with clause 16.3:
|
Allowance |
Clause |
$ |
Payable |
|
Meal allowance—overtime in excess of one and a half hours |
16.3(a)(i) |
19.61 |
per occasion |
|
Meal allowances—further 4 hours of overtime |
16.3(a)(ii) |
19.61 |
per occasion |
|
Compensation for loss of personal effects—an amount of up to |
16.3(d) |
2226 |
per occasion |
|
Transport allowance—own vehicle |
16.3(g)(i) |
0.95 |
per km |
|
Transport allowance—own vehicle—travel to or from different starting or finishing point |
16.3(g)(ii) |
0.95 |
per km |
|
Uniforms allowance |
16.3(k) |
18.30 |
per week |
B.2.2 Adjustment of expense-related allowances
(a) At the time of any adjustment to the standard rate, each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:
|
Allowance |
Applicable Consumer Price Index figure |
|
Compensation for loss of personal effects allowance |
All groups |
|
Meal allowance |
Take away and fast foods sub-group |
|
Uniforms allowance |
Clothing and footwear group |
|
Vehicle allowance |
Private motoring sub-group |
B.3 Other allowances
The following other allowances will be payable to employees in accordance with clause 16—Allowances:
|
Allowance |
Clause |
Payment detail |
|
Towing allowance—vessels proceeding beyond limits of harbour, river or bay |
16.2(m)(iii) |
25% of the employee’s ordinary hourly rate per day (minimum payment for 4 hours) |
Schedule C—Agreement for Time Off Instead of Payment for Overtime
Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree that the employee may take time off instead of being paid for the following amount of overtime that has been worked by the employee:
Date and time overtime started: ___/___/20___ ____ am/pm
Date and time overtime ended: ___/___/20___ ____ am/pm
Amount of overtime worked: _______ hours and ______ minutes
The employer and employee further agree that, if requested by the employee at any time, the employer must pay the employee for overtime covered by this agreement but not taken as time off. Payment must be made at the overtime rate applying to the overtime when worked and must be made in the next pay period following the request.
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
Schedule D—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 E—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 F—Part-day Public Holidays deleted by PR747364 ppc 14Nov22]
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