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Stevedoring Industry Award 2020
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 9 April 2024 (PR771330).
Clause(s) affected by the most recent variation(s):
20—Superannuation
Table of Contents
[Varied by PR747365, PR750546]
Part 1— Application and Operation of this Award
3. The National Employment Standards and this award
5. Individual flexibility arrangements
6. Requests for flexible working arrangements
Part 2— Types of Employment and Classifications
Part 5— Overtime and Penalty Rates
Part 6— Leave and Public Holidays
25. Personal/carer’s leave and compassionate leave
26. Parental leave and related entitlements
28. Leave for attendance at repatriation centres
29. Family and domestic violence leave
Part 7— Consultation and Dispute Resolution
31. Consultation about major workplace change
32. Consultation about changes to rosters or hours of work
Part 8— Termination of Employment and Redundancy
Schedule A —Classification Definitions
Schedule B —Summary of Monetary Allowances
Schedule C —School-based apprentices
Schedule D —Supported Wage System
Schedule E —Agreement for Time Off Instead of Payment for Overtime
Schedule F —Agreement to Take Annual Leave in Advance
Schedule G —Agreement to Cash Out Annual Leave
Part 1—Application and Operation of this Award
1. Title and commencement
1.1 This award is the Stevedoring Industry 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 PR733903]
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
adult apprentice means an apprentice who is 21 years of age or over at the commencement of their apprenticeship.
all purposes means the payment will be included in the rate of pay of an employee who is entitled to the allowance or loading, when calculating any penalties, loadings or payment while they are on annual leave (see clause 18.2(a)).
cargo includes ships stores, fuel oil (whether for bunkers or not), passengers’ luggage or mails.
[Definition of casual employee inserted by PR733903 from 27Sep21]
casual employee has the meaning given by section 15A of the Act.
day shift means a shift which commences between 6.00 am and 9.00 am.
day work means work performed by employees other than shiftworkers, where the ordinary hours of work are worked between 7.00 am and 5.00 pm Monday to Friday inclusive.
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
double header is where a shiftwork employee works 2 consecutive shifts.
employee means national system employee within the meaning of the Act.
employer means national system employer within the meaning of the Act.
evening shift means a shift which commences between 1.00 pm and 5.00 pm.
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
maintenance tradesperson means a person who holds a Trade Certificate or Tradesperson’s Rights Certificate as:
(a) an engineering tradesperson—level 1 as defined in the Manufacturing and Associated Industries and Occupations Award 2020; or
(b) a mechanical fitter, motor mechanic, boilermakers, shipwright, welder, electrical fitter, electrical mechanic, automotive electrician, or mechanical engineering tradesperson;
and who exercises the skills and knowledge of that trade to the level of his or her training.
[Definition of maintenance tradesperson special class varied by PR743429 ppc 11Jul22]
maintenance tradesperson special class means an employee who is a maintenance tradesperson who has completed additional training to the level of an engineering/manufacturing tradesperson—special class level II as defined in the Manufacturing and Associated Industries and Occupations Award 2020, and who exercises the skills and knowledge required of an engineering/manufacturing tradesperson—special class level II.
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.
night shift means a shift which commences at or after 10.00 pm.
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 an employee’s classification specified in clause 16—Minimum rates, plus any allowances specified as being included in the employee’s ordinary hourly rate or payable for all purposes.
outport means any port other than that at which the employee was engaged to work.
[Definition of regular casual employee inserted by PR733903 from 27Sep21]
regular casual employee has the meaning given by section 12 of the Act.
7 day continuous shiftwork means work performed on shifts on each of the 7 days of the week and may be worked over one, 2 or 3 shifts on each day.
shiftwork employee means a person who performs shiftwork in accordance with clause 13.3 of this award.
ship includes a barge, lighter, hulk or other vessel.
standard rate means the minimum weekly rate for a Stevedoring employee Grade 4 in clause 16—Minimum rates.
stevedoring industry has the meaning given in clause 4.2.
wharf includes a pier, jetty, ramp, or shed, storage or stacking area comprising part of the wharf area used for stevedoring industry activities.
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 this award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.
[Varied by PR743429]
4.1 This industry award covers employers throughout Australia in the stevedoring industry and their employees in the classifications listed in Schedule A—Classification Definitions to the exclusion of any other modern award.
4.2 Stevedoring industry means the loading and unloading of cargo into or from a ship including its transporting and storage at or adjacent to a wharf.
4.3 The award does not cover:
(a) employers and employees wholly or substantially covered by the following awards:
(i) the Port Authorities Award 2020;
(ii) the Coal Export Terminals Award 2020; and
[4.3(a)(iii) varied by PR743429 ppc 11Jul22]
(iii) the Sugar Industry Award 2020; or
(b) maintenance contractors covered by the following awards:
(i) the Manufacturing and Associated Industries and Occupations Award 2020; or
4.3(b)(ii) varied by PR743429 ppc 11Jul22
(ii) the Electrical, Electronic and Communications Contracting Award 2020.
4.4 This award covers any employer which supplies labour on an on-hire basis in the stevedoring 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 This award covers employers which provide group training services for apprentices and/or trainees engaged in the stevedoring industry and/or parts of that industry and those apprentices and/or trainees engaged by a group training service hosted by a company to perform work at a location where the activities described in clauses 4.1 and 4.2 are being performed. Clause 4.5 operates subject to the exclusions from coverage in this award.
4.6 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.
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 PR763250 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 33—Dispute resolution and/or under section 65B of the Act.
7.2 Facilitative provisions in this award are contained in the following clauses:
(a) clause 14.1(b)—Rostering arrangements—shiftwork;
(b) clause 21.15—Time off instead of payment for overtime;
(c) clause 22.5(c)—Employees working double headers;
(d) clause 24.8—Annual leave in advance; and
(e) clause 24.9—Cashing out of annual leave.
Part 2—Types of Employment and Classifications
8.1 Employees under this award will be employed in one of the following categories:
(a) full-time;
(b) guaranteed wage; or
(c) casual.
8.2 The type of employment must be established at or prior to the commencement of employment.
A full-time employee is engaged to perform a full week’s work each week.
10.1 A guaranteed wage employee is an employee who is guaranteed a minimum number or an average number of full shifts each week, or instead of that engagement, is provided the equivalent payment.
10.2 For the purposes of leave accruals under the NES, a guaranteed wage employee’s ordinary hours of work will be deemed to be the hours actually worked by the employee over the qualifying period for the leave.
[Varied by PR723974, PR733903]
[11.1 deleted by PR733903 from 27Sep21]
[11.2 renumbered as 11.1 by PR733903 from 27Sep21]
11.1 The minimum payment for a casual employee will be for one shift on any one day that the employee is required to work.
[11.3 substituted by PR723974 ppc 20Nov20; 11.3 renumbered as 11.2 by PR733903 from 27Sep21]
For each ordinary hour worked, a casual employee must be paid:
(a) the ordinary hourly rate for the classification in which they are employed; and
(b) a loading of 25% of the ordinary hourly rate.
11.3 Payment for working overtime
[New 11.4 inserted by PR723974 ppc 20Nov20; 11.4 renumbered as 11.3 by PR733903 from 27Sep21]
When a casual employee works overtime, they must be paid the overtime rates in clauses 21.4 and 21.6.
11.4 Offers and requests for casual conversion
[11.4 renumbered as 11.5 by PR723974 ppc 20Nov20; 11.5 renumbered as 11.4 and renamed and substituted by PR733903 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 33—Dispute resolution.
12.1 The classification structure and descriptors for the classifications under this award are set out at Schedule A—Classification Definitions.
(a) An employee who does not retain the competency, skills or qualifications necessary for the employee’s grade may be re-graded downwards to the next grade below for which the employee qualifies, provided that:
(i) there is notice in writing to the employee of the intention to apply clause 12.2 containing particulars of the lost competency, skills or qualifications;
(ii) a re-grading under clause 12.2 will not take place before the employee has had a reasonable opportunity to recover the lost competency, skills or qualifications; and
(iii) if the employee raises with the employer a grievance concerning the re-grading within 3 days after it is to take effect the re-grading will be deemed not to have taken effect until it has been determined under clause 33—Dispute resolution.
(b) Clause 12.2 will not apply to an employee:
(i) whose loss of competency, skills or qualifications results directly from an injury or illness for which the employee is entitled to workers compensation; or
(ii) who, upon the written advice of a medical practitioner is no longer capable of performing the duties or functions for which the employee is classified, provided that in these circumstances the employer may nominate the medical practitioner and in addition the employer may require, or the employee may request, periodic medical reviews which may include reference to a specialist medical practitioner.
(c) In circumstances where clause 12.2(b) applies, the employee will retain the higher rate of pay.
13.1 Ordinary hours of work
(a) The ordinary hours of work for a full-time employee are an average of 35 hours per week.
(b) The ordinary hours of work for a guaranteed wage or casual employee will be in accordance with clause 10—Guaranteed wage employees and clause 11—Casual employees.
13.2 Day workers—other than shiftworkers
(b) Ordinary hours for day workers are worked between 7.00 am to 5.00 pm, Monday to Friday.
13.3 Ordinary hours for shiftworkers
(a) Shiftwork means where the ordinary hours of work are work between the commencement of night shift on Sunday and either:
(i) the end of the evening shift on the following Friday;
(ii) the end of the evening shift on the following Saturday; or
(iii) the end of the evening shift the following Sunday (which is 7 day continuous shiftwork).
(b) There are 3 types of shifts:
(i) day shift commences between 6.00 am and 9.00 am;
(ii) evening shift commences between 1.00 pm and 5.00 pm; and
(iii) night shift commences at or after 10.00 pm.
(c) 7 day continuous shiftwork means work performed on shifts on each of the 7 days of the week and may be worked for one, 2 or 3 shifts on each day.
(d) Unless otherwise agreed in accordance with clause 14.1(b)(ii), the normal length of each shift will be 7 hours.
(e) Except in the case of emergency:
(i) an employee who has worked a night shift will not be required to work the next succeeding evening shift; and
(ii) an employee who has worked a day shift will not be required to work the next succeeding night shift.
(f) Where 12 hour shifts are introduced, the ordinary hours must not exceed an average of 35 hours per week. Twelve hour shifts are inclusive of meal breaks and rest periods.
14.1 Rostering arrangements—shiftwork
(a) An employer may roster employees to perform shiftwork in accordance with this award.
(i) 5, 6 or 7 day shift arrangements with either irregular or regular rostering;
(iii) where a 7 day continuous shiftwork roster is to be worked, inclusion in the ordinary hours of work of shifts worked on public holidays, as prescribed by clause 30—Public holidays, as well as Saturdays and Sundays, provided that payment for such shifts is in accordance with this award;
(iv) provisions for the timing of meal breaks or rest periods;
(v) provisions for the extension of shifts provided that all such extensions will be paid at overtime rates;
(vi) notification and cancellation arrangements; and
(vii) staggering of shift start and finish times.
(c) No rostering arrangement will require an employee to change shifts if the change would necessitate the working of 2 consecutive shifts, or to work more than one shift on any one day.
14.2 Day and shiftwork interchange
(a) Where day work has been implemented, the employer may change employees from day work to shiftwork or from shiftwork to day work on 7 days’ notice.
(b) Where an employee is changed from shiftwork to day work, they will not forfeit any shiftwork conditions including paid meal breaks and additional annual leave in clauses 14.1, 14.2, 15.2, 18.3(f) and 24.2.
14.4 Travelling and washing time
Travelling and washing time, where applicable, will be paid and taken before or after the normal commencing or finishing times of a shift or the usual working hours and will be paid at the rate applicable to the shift.
15.1 Paid/unpaid meal/rest breaks—day workers
(a) Except as provided in clause 15.1(b), an employee who is working day work is entitled to:
(i) an unpaid meal break of 30 minutes; and
(ii) a paid rest break of 15 minutes.
(c) A day work employee required to continue working during a break will be paid overtime at 100% of the ordinary hourly rate in addition to the rate applicable to the hours worked. The employee will continue to be paid overtime until the break is taken.
15.2 Paid rest breaks—shiftworkers
(a) A paid rest break (or breaks) must be provided as follows during the ordinary hours of work:
|
Length of shift |
Length of breaks |
|
7 hours |
45 minutes |
|
8 hours |
60 minutes |
(b) Where an employee who is working shiftwork is required to work more than one hour’s overtime prior to the commencement, or following the conclusion, of their normal starting or finishing time, the employee is entitled to an additional 15 minute paid rest break.
(c) Meal and rest breaks will be taken at a time and manner agreed between the employer and the employee and may be staggered.
(d) An employee required to continue working during a rest break will be paid overtime at 100% of the ordinary hourly rate in addition to the rate applicable to the shift worked. The employee will continue to be paid overtime until the break is taken.
15.3 Paid meal breaks for employees who work a double header
An employee who works a double header will be entitled to a paid meal break of one hour to be taken immediately following the conclusion of the first shift. The meal break will be paid as time worked. An employee who is unable to take a meal break will be paid an additional 3 hours at the ordinary hourly rate.
(a) A minimum rest period after overtime is provided in clause 21.13.
(b) A minimum rest period after call back is provided in clause 21.14(c).
[Varied by PR720159, PR718871, PR729311, PR733903, PR740733, PR762162]
[16.1 varied by PR718871, PR729311, PR740733, PR762162 ppc 01Jul23]
|
Stevedoring employee |
Minimum weekly
rate |
Minimum hourly rate1 |
|
|
$ |
$ |
|
Grade 1 |
859.30 |
24.55 |
|
Grade 2 |
889.10 |
25.40 |
|
Grade 3 |
934.20 |
26.69 |
|
Grade 4 |
987.80 |
28.22 |
|
Grade 5 |
1008.40 |
28.81 |
|
Grade 6 |
1075.40 |
30.73 |
|
Grade 7 |
1210.80 |
34.59 |
1 Minimum hourly rate is based on a 35 hour week.
16.2 Hourly rate
The applicable hourly rate of pay will be determined by dividing the total weekly rate for the classification by 35.
(a) Apprentices who commenced before 1 January 2014 will be paid as follows:
|
Year of apprenticeship |
Percentage of Grade 4 rate |
|
|
% |
|
1st year |
42 |
|
2nd year |
55 |
|
3rd year |
75 |
|
4th year |
88 |
(b) Apprentices who commenced on or after 1 January 2014 will be paid as follows:
|
Year of apprenticeship |
Percentage of Grade 4 rate per week for apprentices who have not completed year 12 |
Percentage of Grade 4 rate per week for apprentices who have completed year 12 |
|
|
% |
% |
|
1st year |
50.4 |
55.4 |
|
2nd year |
60.44 |
65.48 |
|
3rd year |
75 |
75 |
|
4th year |
88 |
88 |
(c) Apprentices will receive the same conditions of employment which apply to tradespersons.
(d) Apprentices will be paid allowances in accordance with the provisions of this award.
(e) Apprentices will receive full day time training without loss of pay. The employer will pay all technical college fees.
(f) Where an apprentice is required to attend block release training for training identified in or associated with their training contract, and such training requires an overnight stay, the employer must pay for the excess reasonable travel costs incurred by the apprentice in the course of travelling to and from such training. Provided that clause 16.3(f) will not apply where the apprentice could attend an alternative Registered Training Organisation (RTO) and the use of the more distant RTO is not agreed between the employer and the apprentice.
(g) For the purposes of 16.3(f) above, excess reasonable travel costs include the total costs of reasonable transportation (including transportation of tools where required), accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling, including meals, which exceed those incurred in travelling to and from work. For the purposes of 16.3(f), excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.
(h) The amount payable by an employer under 16.3(f) may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.
(j) An employer may meet its obligations under 16.3(i) by paying any fees and/or cost of textbooks directly to the RTO.
(k) Time spent by an apprentice in attending any training and/or assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the apprentice’s wages and determining the apprentice’s employment conditions. Clause 16.3 operates subject to the provisions of Schedule C—School-based apprentices.
(l) Adult apprentice rates
(i) An adult apprentice is an apprentice who is 21 years of age or over at the commencement of their apprenticeship.
[16.3(l)(ii) varied by PR733903 from 27Sep21]
(ii) A person who has been employed by an employer for at least 6 months as a full-time employee or 12 months as a part-time or regular casual employee immediately prior to entering into a training agreement as an adult apprentice with the employer, must not suffer a reduction in their minimum wage by virtue of entering into the training agreement. For the purpose only of fixing a minimum wage, the adult apprentice must continue to receive the minimum wage that applies to the classification specified in clause 16.1 in which the adult apprentice was engaged immediately prior to entering into the training agreement.
(iii) The minimum wage of an adult apprentice who commenced on or after 1 January 2014 and is in the first year of their apprenticeship must be:
· 80% of the standard rate; or
· the rate prescribed by clause 16.3(b) for the relevant year of the apprenticeship,
whichever is the greater.
(iv) The minimum wage of an adult apprentice who commenced on or after 1 January 2014 and is in the second and subsequent years of their apprenticeship must be:
· the rate for the lowest adult classification in clause 16.1; or
· the rate prescribed by clause 16.3(b) for the relevant year of the apprenticeship,
whichever is the greater.
For school-based apprentices, see Schedule C—School-based apprentices.
16.5 Supported wage system
For employees who because of the effects of a disability are eligible for a supported wage, see Schedule D—Supported Wage System.
[16.6(a) varied by PR720159 ppc 18Jun20]
(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.
[16.6(b) varied by PR720159 ppc 18Jun20, PR718871, PR729311, PR740733, PR762162 ppc 01Jul23]
(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2023. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Stevedoring Industry Award 2020 and not the Miscellaneous Award 2020.
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.
17.1 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 17.1(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 17.1 allows the Commission to make an order delaying the requirement to make a payment under clause 17.1. 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 PR718871, PR719024, PR729311, PR729496, PR740733, PR740901, PR762162, PR762327]
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.
18.1 Employers must pay to an employee such allowances as the employee is entitled to under clause 18.
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, loadings or payment while they are on annual leave. The following allowances are paid for all purposes under this award:
(i) Electrician’s licence allowance (clause 18.2(b)); and
(ii) Specialist functions allowance (clause 18.2(c)).
(b) Electrician’s licence allowance
[18.2(b) varied by PR718871, PR729311, PR740733, PR762162 ppc 01Jul23]
An electrician’s licence allowance of $44.94 per week is payable to an electrical mechanic who holds, and in the course of their duties may be required to use, an unrestricted licence.
(c) Specialist functions allowance
[18.2(c)(i) varied by PR718871, PR729311, PR740733, PR762162 ppc 01Jul23]
(i) A stevedoring employee Grade 3 or 4 will be paid an allowance of $28.35 per week where the employee is trained, competent and required to perform specialist functions of both an operational and clerical nature undertaken by employees within that grade.
(ii) The specialist functions allowance is not payable merely for the performance of incidental clerical functions by an operational employee and vice versa.
(iii) The allowance is payable for all purposes of the award.
[18.2(d)(i) varied by PR718871, PR729311, PR740733, PR762162 ppc 01Jul23]
(i) An employee who has been trained to provide first aid and who is the current holder of appropriate first aid qualifications such as a certificate from the St John Ambulance or similar body will be paid an allowance of $21.04 per week if required by their employer to perform first aid duties.
(ii) This allowance will not be payable to an employee who is classified as a stevedoring employee Grade 3 who performs first aid duties as a primary function.
(e) Leading hand tradesperson
[18.2(e) varied by PR718871, PR729311, PR740733, PR762162 ppc 01Jul23]
A tradesperson placed in charge of others will be paid the following:
|
In charge of |
$ per week |
|
3–10 employees |
40.30 |
|
11–20 employees |
59.96 |
|
More than 20 employees |
76.65 |
(f) Maintenance tradesperson undertaking accredited training
[18.2(f)(i) varied by PR718871, PR729311, PR740733, PR762162 ppc 01Jul23]
(i) upon completion of 33% of the modules required—$1037.20 (105% of Grade 4 ($987.80)); and
[18.2(f)(ii) varied by PR718871, PR729311, PR740733, PR762162 ppc 01Jul23]
(ii) upon completion of 66% of the modules required—$1086.60 (110% of Grade 4 ($987.80)).
(g) Roll-on and roll-off vessel allowance
[18.2(g) varied by PR718871, PR729311, PR740733, PR762162 ppc 01Jul23]
An allowance of $1.78 per hour is payable to an employee who works on a roll-on and roll-off vessel to compensate for noise to which the employee is exposed.
(h) Stevedoring operations allowance—other than in terminal operations
[18.2(h) varied by PR718871, PR729311, PR740733, PR762162 ppc 01Jul23]
Employees engaged in stevedoring operations other than in terminal operations will receive the following extra rates per hour when working on the cargoes or in the circumstances referred to below.
|
Nature of work |
$ per hour |
|
Explosives |
2.57 |
|
Bulk grain – barley and oats |
3.46 |
|
Bulk grain – others |
2.67 |
|
Freezer cargoes – the temperature in the place of work is below -12°C |
2.27 |
|
Freezer cargoes – the temperature in the place of work is -12°C and above |
1.09 |
|
Nickel concentrates |
7.31 |
|
First aid employees |
4.74 |
[18.2(i) varied by PR718871, PR729311, PR740733, PR762162 ppc 01Jul23]
A telephone allowance of $13.43 per week is payable to an employee who is required to telephone for allocation or cancellation or to be available for contact by telephone.
(j) Terminal operation allowance
[18.2(j)(i) varied by PR718871, PR729311, PR740733, PR762162 ppc 01Jul23]
(i) Each employee engaged in a terminal operation will receive the following allowance per week:
|
Classification |
|
Per week |
|
|
|
$ |
|
Grade 1 to 5 |
Operational |
24.50 |
|
Grade 3 to 5 |
Clerical |
12.74 |
|
Grade 4, 6 and 7 |
Maintenance |
43.56 |
|
Grade 6 and 7 |
Supervisory |
24.50 |
|
Grade 3 |
Security |
18.87 |
[18.2(j)(ii) varied by PR718871, PR729311, PR740733, PR762162 ppc 01Jul23]
(ii) The terminal operation allowances in clause 18.2(j)(i) are consolidated disability allowances which compensate employees for disabilities incurred in the performance of their work, including, but not limited to the following:
· An allowance of $24.50 per week is payable to stevedoring employees Grades 1 to 5 Operational and Grades 6 and 7 Supervisory for working in the rain, wearing wet weather clothing, working on hot or cold days, working in dirty or obnoxious conditions, working where a danger rate would normally apply, working oiling or greasing and to cover abnormal costs incurred by the employee where, due to irregularity of public transport, the employee is involved in excess payments in order to present themselves for work at the place of employment.
· An allowance of $12.74 per week is payable to stevedoring employees Grades 3 to 5 Clerical, working on hot or cold days for working in dirty or obnoxious conditions and to cover abnormal costs incurred by the employee where, due to irregularity of public transport, the employee is involved in excess payments in order to present themselves for or return from work at the place of employment.
· An allowance of $43.56 per week is payable to stevedoring employees Grades 4, 6 and 7 Maintenance for unusually dirty work, confined spaces, heights, weather conditions (working in wet and windy conditions), hazardous working positions, for example outside safety rails, activating limit switches and or releasing spreaders on stacked containers, etc., working in hours of darkness, for example in relation only to the hazards of working in hours of darkness, working in or near live equipment, vertical climbs to towers, working under pressure when ships are loading, using explosive powered tools, soot from ship’s funnels, noisy conditions in machinery houses, workshops, portainer cranes, and ro/ro vessels, working in and about areas containing insulwool, periodic heavy lifts when equipment is in such a position that it is only possible for one employee to work in the area and not possible to place lifting gear, travelling and fares allowance to cover call backs and other overtime, the supply and maintenance of tools ordinarily required in the performance of their work and any other job disabilities that may occur that would normally attract a disability allowance.
· An allowance of $18.87 per week is payable to stevedoring employees Grade 3 Security for working in wet, hot, cold and windy conditions, wearing wet weather gear, patrol work in hours of darkness, noise and fumes from heavy vehicles, etc., transport difficulties associated with travelling on shiftwork.
(k) Allowances to apply only when employee available for or works in the stevedoring industry
The allowances prescribed for operational, clerical and maintenance stevedoring employees will only apply in respect of a week or part thereof in which the employee is available for or performs work in the stevedoring industry.
18.3 Expense-related allowances
When an employee working on the evening shift ceases duty at a time when the usual or reasonable means of transport home are not available, the employer will pay or alternatively reimburse the cost associated with providing such transport. Payment or reimbursement is not payable where the employer provides reasonable transport home.
[18.3(b) varied by PR729496, PR740901, PR762327 ppc 01Jul23]
Where an employee is required by the employer to use their own vehicle on the employer’s business, the employer will pay the employee $0.95 per kilometre travelled.
(c) Expenses for stevedoring employees Grade 7
In addition to other allowances in clause 18, Stevedoring employees Grade 7 will receive:
[18.3(c)(i) varied by PR729496, PR740901, PR762327 ppc 01Jul23]
(i) a vehicle allowance of $92.92 per week where the employee is required by the employer to use their own vehicle whilst on company business;
(ii) reimbursement for telephone rental, business local and business long distance calls; and
(iii) any other reasonable expense incurred on behalf of, or in the services of, the employer.
A laundry allowance of $9.20 per week is payable to an employee for each set of overalls or other clothing issued by the employer, up to a maximum of 2 sets of such clothing. This allowance is payable instead of a laundry or cleaning allowance.
(e) Meal allowance—day worker working overtime
[18.3(e) varied by PR719024, PR729496, PR740901, PR762327 ppc 01Jul23]
A meal allowance of $22.63 is payable to a day work employee who works overtime on a Saturday, Sunday or public holiday, unless the employer provides a reasonable hot meal.
(f) Meal allowance—shiftworker and double header
[18.3(f) varied by PR719024, PR729496, PR740901, PR762327 ppc 01Jul23]
A meal allowance of $16.20 per meal is payable (in addition to overtime payment) to a shiftwork employee who works:
(i) more than one hour before or after their normal commencing or finishing time;
(ii) a double header; or
(iii) overtime on a day shift on a Saturday or any shift on a Sunday or public holiday,
unless the employer provides a reasonable hot meal.
(g) Licences, trade certificates and other qualifications allowance
Employees who are required by the employer to obtain or maintain a licence, trades certificate or other qualification, will be reimbursed for the cost associated with obtaining and maintaining such licence, trades certificate or qualification. An employee so required will not suffer loss of pay.
(h) Safety footwear and clothing allowance
The employer must reimburse the employee for the cost of purchasing protective clothing, provided that there will be no reimbursement for protective clothing over and above:
(i) one pair of safety boots or shoes each year;
(ii) 2 pairs of overalls each year which, at the employee’s discretion, may be replaced by shorts and a shirt or trousers and a shirt;
(iii) a winter jacket every 2 years;
(iv) a wide brimmed summer hat every 3 years;
(v) a hard hat and safety vest as a personal issue replaced on a needs basis; and
(vi) 3 pairs of general duties gloves, plus a pair of driving gloves each year.
Clause 18.3(h) will not apply where the protective clothing and other articles are provided by the employer.
(a) Costs in connection with off-the-job training required by the employer, including prescribed fees and text books will be reimbursed by the employer.
(c) Clause 18.4 does not apply to costs associated with training that in connection with an apprentice’s training contract. Such costs are subject to clause 16.3 and not clause 18.4.
18.5 Expense-related allowances—Outports
(a) An employee may be required to transfer to work in an outport.
(b) Where an employee is required to stay overnight in an outport, the employer will:
[18.5(b)(i) varied by PR719024, PR729496, PR740901, PR762327 ppc 01Jul23]
(i) where accommodation and necessary meals are provided by the employer:
· reimburse the employee $40.67 per day to cover out of pocket expenses;
[18.5(b)(ii) varied by PR719024, PR729496, PR740901, PR762327 ppc 01Jul23]
(ii) where accommodation and necessary meals are not provided by the employer:
· pay the employee an allowance of $140.11 per day in circumstances where the transfer is for a defined number of days; or
· pay the employee an allowance of $190.77 per day in circumstances where the transfer is for a flexible number of days.
(c) Where an employer requires an employee to remain in an outport on a Saturday, Sunday or public holiday, but does not require the employee to work, the employee:
[18.5(c)(i) varied by PR719024, PR729496, PR740901, PR762327 ppc 01Jul23]
(i) will be paid an allowance of $122.34 per day; or
(ii) may, at the employer’s discretion, be returned to their home port at the employer’s expense.
(d) The time occupied in travelling to and from an outport will be paid at the ordinary rate of pay or, in circumstances where the transfer is for a flexible number of days, be paid at the rate appropriate to the first shift worked for the outward journey, and at the rate appropriate to the last shift worked on the homeward journey.
(e) An employee required to travel on the day shift in excess of 3 hours and work an evening shift will be paid for the second shift as if working a double header in accordance with clause 22—Double header.
[18.5(f) varied by PR729496, PR740901, PR762327 ppc 01Jul23]
(g) Employees other than Grade 7 employees will not be required to stay in an outport for longer than 7 days. A Grade 7 employee will not be required to stay in an outport beyond 10 days provided this period may be extended by 24 hours to complete a vessel including travelling time to the employee’s home port.
19.1 Definitions
For the purposes of clause 19, 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.
19.2 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.
19.3 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.
19.4 When not entitled to payment
An employee will not be entitled to any payment under clause 19 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 19 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.
19.6 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.
19.7 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 19 and the employee will not be entitled to any further accident pay thereafter.
19.8 Casual employees
For a casual employee, the weekly payment referred to in clause 19.1(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.
[Varied by PR771330]
20.1 Superannuation legislation
[20.1 substituted by PR771330 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 20 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.
20.3 Voluntary employee contributions
(c) The employer must pay the amount authorised under clauses 20.3(a) or 20.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 20.3(a) or 20.3(b) was made.
20.4 Superannuation fund
[20.4 varied by PR771330 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 20.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 20.2 and pay any amount authorised under clauses 20.3(a) or 20.3(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) 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
(c) a superannuation fund or scheme which the employee is a defined benefit member of.
20.5 Absence from work
Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 20.2 and pay the amount authorised under clauses 20.3(a) or (b):
(a) Paid leave—while the employee is on any paid leave;
(b) Work-related injury or illness—for the period of absence from work (subject to a maximum of 52 weeks) of the employee due to work-related injury or work-related illness provided that:
(i) the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with the statutory requirements; and
(ii) the employee remains employed by the employer.
Part 5—Overtime and Penalty Rates
[Varied by PR723974, corrected by PR724591; varied by PR747365, PR763250]
21.1 Definition of overtime—day work employees
For a day work employee overtime is any time worked:
(a) outside the span of the employee’s ordinary hours as defined in clause 13.2(a); or
(b) in excess of an average of 35 hours per week.
21.2 Definition of overtime—shiftwork employees
Overtime work is any work performed:
(a) before or after a shift during which the employee’s ordinary hours of work are performed; or
(b) in excess of an average of 35 hours per week.
21.3 Overtime rates—full-time and guaranteed wage employees—day workers
[21.3 renamed and substituted by PR723974 ppc 20Nov20]
(a) A full-time or guaranteed wage day worker required to work overtime on Monday to Saturday will be paid 200% of the ordinary hourly rate for all hours worked.
(b) A full-time or guaranteed wage day worker required to work overtime on Sunday or a public holiday will be paid 250% of the ordinary hourly rate for all hours worked.
21.4 Overtime rates—casual employees—day workers
[New 21.4 inserted by PR723974 ppc 20Nov20]
(a) A casual day worker required to work overtime on Monday to Saturday will be paid 250% of the ordinary hourly rate for all hours worked.
(b) A casual day worker required to work overtime on a Sunday or a public holiday will be paid 312.5% of the ordinary hourly rate for all hours worked.
NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.2(b) to the ordinary hourly rate before applying the overtime rates for full-time and guaranteed wage employees prescribed by clause 21.3.
21.5 Overtime rates—full-time and guaranteed wage employees—shiftwork employees
[21.4 renumbered as 21.5 renamed by PR723974 ppc 20Nov20]
[21.5(a) varied by PR723974 ppc 20Nov20]
[21.5(b) varied by PR723974 ppc 20Nov20]
(i) 200% of the ordinary hourly rate for Monday to Saturday;
(ii) 250% of the ordinary hourly rate for Sunday;
(iii) 250% of the ordinary hourly rate for day and evening shifts worked on a public holiday; and
[21.5(b)(iv) varied by PR723974 ppc 20Nov20]
(iv) 300% of the ordinary hourly rate on a night shift on a public holiday.
21.6 Overtime rates—casual employees—shiftwork employees
[New 21.6 inserted by PR723974 ppc 20Nov20; corrected by PR724591 ppc 20Nov20]
(a) A casual shiftworker required to work overtime that is continuous with the commencement or conclusion of a shift in which their ordinary hours of work are performed will be paid 125% of the ordinary hourly rate in addition to the rate appropriate to the shift in which the overtime is worked.
(i) 250% of the ordinary hourly rate for Monday to Saturday;
(ii) 312.5% of the ordinary hourly rate for Sunday;
(iii) 312.5% of the ordinary hourly rate for day and evening shifts worked on a public holiday; and
(iv) 375% of the ordinary hourly rate on a night shift on a public holiday.
NOTE: The overtime rates for casual shiftworkers have been calculated by adding the casual loading prescribed by clause 11.2(b) to the ordinary hourly rate before applying the overtime rates for shiftworkers prescribed by clauses 21.5(a) and 21.5(b).
21.7 Minimum payment for overtime
[21.5 renumbered as 21.7 by PR723974 ppc 20Nov20]
An employer who requires an employee to work overtime continuous with the employee’s ordinary hours of work must pay the employee the following minimum payments:
(a) Day work employees
One, 2 or 3 hours.
(b) Shiftwork employees—overtime continuous with a day shift
(i) one or 2 hours where a 7 hour shift is worked, provided that the shift may be extended up to 3 hours by agreement; or
(ii) one hour where a shift of less than 7 hours is worked, provided that the shift may be extended up to 2 or 3 hours by agreement; and
(iii) for shiftwork employees for overtime continuous with the evening or night shift – one hour, provided that the shift may be extended up to 2 or 3 hours by agreement.
An employer who requires an employee to work overtime which is not continuous with the ordinary hours of work must pay the employee a minimum payment of 7 hours.
(d) Employee required to start earlier/finish later
Where an employee is required to start work earlier than their normal commencement time or continue working after their normal finishing time for the purpose of:
(i) preparatory work such as removing hatches and unlashing cargo, and closing work such as replacing hatches and lashing cargo;
(ii) providing continuity between shifts including preparatory work and handover to reliefs; or
(iii) refuelling and or starting up machines or equipment or carrying out minor repairs forming part of any necessary preparatory work,
the minimum overtime payment will be 30 minutes at the appropriate overtime rate.
21.8 Maximum duration of overtime
[21.6 renumbered as 21.8 by PR723974 ppc 20Nov20]
An employee will not, unless working a double header (see clause 22—Double header), be required to work for a period in excess of:
(a) 10 hours, where the overtime attaches to a day shift; or
(b) 8 hours, where the overtime attaches to an evening shift; or
(c) 9 hours, where the overtime attaches to a night shift.
21.9 Employees not required to work overtime
[21.7 renumbered as 21.9 by PR723974 ppc 20Nov20]
An employee who has worked 2 hours or more overtime prior to the commencement of the shift or the ordinary working hours may elect not to work overtime at the end of a shift.
[21.8 renumbered as 21.10 by PR723974 ppc 20Nov20, paragraph in 21.10 numbered 21.10(a) by PR747365 ppc 14Nov22]
[21.10(b) inserted by PR747365 ppc 14Nov22]
(b) 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 21.10(a).
21.11 Additional day off/day work
[21.9 renumbered as 21.11 by PR723974 ppc 20Nov20]
Where an employee works overtime on a Saturday or Sunday and has worked on 7 consecutive days (including the overtime) the employee will be entitled to a day of paid leave on a working day in the following 14 days, or any other working day by agreement between the employee and employer.
21.12 Normal transport not available
[21.10 renumbered as 21.12 by PR723974 ppc 20Nov20]
When an employee ceases duty after working overtime and at a time when the usual or reasonable means of transport home are not available, the employer will provide or alternatively reimburse the costs associated with providing such transport to the employee’s place of residence. Payment or reimbursement is not payable where the employer provides reasonable transport home.
21.13 Rest period after overtime
[21.11 renumbered as 21.13 by PR723974 ppc 20Nov20]
An employee who has worked overtime (including a double header) must not be required to report for duty for at least 9 hours after the employee ceased work on overtime.
21.14 Call back
[21.12 renumbered as 21.14 by PR723974 ppc 20Nov20]
Call back occurs when a maintenance employee is recalled to work overtime after leaving the employer’s business premises (whether notified before or after leaving the premises) but does not include where an employee is notified and works overtime in accordance with the overtime provisions of this award.
(a) Minimum payment for a call back
The minimum payment for each time the employee is recalled is as follows:
(i) 4 hours at the appropriate overtime rate;
(ii) if the call back is for a period of between 4 and 6 hours, 6 hours at the appropriate overtime rate; or
(iii) if the call back is for a period of more than 6 hours, the minimum payment is for a full shift at the appropriate overtime rate. If the job for which the employee was recalled to perform is completed within a shorter period, the employee will not be required to work the full shift, except in the case of unforeseen circumstances arising.
(b) For the purposes of calculating an employee’s payment when recalled, an employee will be paid from the time the employee leaves home until the time they return home.
An employee must have a 10 hour rest period after each call back before 5.00 am unless:
(i) it is customary for an employee to return to their employer’s premises to perform a specific job outside their reasonable working hours; or
(ii) the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.
21.15 Time off instead of payment for overtime
[21.13 renumbered as 21.15 by PR723974 ppc 20Nov20]
(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 21.15 must be made in the next pay period following the request.
NOTE: An example of the type of agreement required by clause 21.15 is set out at Schedule E—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule E—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 21.15 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 21.15 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 21.15 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 21.15(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 21.15 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.
[21.15(j) varied by PR763250 ppc 01Aug23]
(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 21.15 will apply, including the requirement for separate written agreements under clause 21.15(b) for overtime that has been worked.
[Note varied by PR763250 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 21.15 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 21.15.
22.1 Double header is where a shiftwork employee works 2 consecutive shifts. A double header may only be worked where there is no suitable relief available.
22.2 An employee may only work a double header following a day shift.
22.3 Double header eligibility
(a) An employee who has worked overtime prior to the commencement of a shift may elect not to work a double header.
(b) An employee may only be required to work 2 double headers a week.
(c) An employee must not work double headers on consecutive days.
22.4 Payment for double headers
(a) Double headers will be paid as follows:
(i) Monday to Friday, 100% of the ordinary hourly rate plus the rate appropriate to the additional shift worked; and
(ii) Saturdays, Sundays and public holidays, 50% of the ordinary hourly rate and the rate appropriate to the additional shift worked.
(b) Where employees work a second double header in a week, they can elect to be paid only the rate appropriate to the additional shift worked (not including the penalty in clause 22.4(a)) and accrue a day of paid leave.
22.5 Additional conditions
(a) Where confirmation of a requirement to work a double header has been given, such requirement cannot be cancelled without payment for the double header as though worked.
(b) No employee will be required to work a double header against the employee’s will if there is another suitably skilled employee available in the appropriate classification who is willing to work the double header.
22.6 Meal breaks and allowances
(a) An employee who works a double header will be entitled to a paid meal break of one hour to be taken immediately following the conclusion of the first shift. The meal break will be paid as time worked. An employee who is unable to take a meal break will be paid an additional 3 hours at the ordinary rate of pay.
(b) An employee who works a double header will be paid a meal allowance as prescribed by clause 18.3(f).
[Varied by PR747365]
(a) There are 3 types of shift work:
(i) day shift commences between 6.00 am and 9.00 am;
(ii) evening shift commences between 1.00 pm and 5.00 pm; and
(iii) night shift commences at or after 10.00 pm.
(b) 7 day continuous shiftwork means work performed on shifts on each of the 7 days of the week and may be worked over one, 2 or 3 shifts on each day.
An employee will be paid the following penalty rates for all ordinary hours worked by the employee during the following periods:
(a) day shift on Monday to Friday—100% of the ordinary hourly rate;
(b) day shift on Saturday—200% of the ordinary hourly rate;
(c) day shift on Sunday—250% of the ordinary hourly rate;
(d) evening shift on Monday to Friday—150% of the ordinary hourly rate;
(e) evening shift on Saturday—200% of the ordinary hourly rate;
(f) evening shift on Sunday—250% of the ordinary hourly rate;
(g) night shift on Sunday to Friday—200% of the ordinary hourly rate; and
(h) night shift on Saturday—250% of the ordinary hourly rate.
23.3 Additional requirements
(b) An employee who, by direction of the employer, reports for work at the commencing time of the evening or night shift, will be paid the shift penalty for the full shift.
[New 23.3(d) inserted by PR747365 ppc 14Nov22]
(d) 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 23.3(c).
[23.3(d) renumbered as 23.3(e) by PR747365 ppc 14Nov22]
(e) Except in the case of emergency:
(i) an employee who has worked a night shift will not be required to work the next succeeding evening shift; and
(ii) an employee who has worked a day shift will not be required to work the next succeeding night shift.
23.4 12 hour shifts
Where 12 hour shifts are introduced, the ordinary hours must not exceed an average of 35 hours per week. Twelve hour shifts are inclusive of meal breaks and rest periods.
Part 6—Leave and Public Holidays
[Varied by PR747365]
24.1 Annual leave is provided for in the NES. The following provisions supplement Division 6 of the NES.
For the purpose of Division 6 of the NES a shiftworker is an employee who is available to work on any shift Monday to Sunday and who actually attends for work as required from time to time on both Saturday and Sunday.
24.3 Additional leave for employees engaged in stevedoring industry on 25 November 1991
An employee who was engaged in the stevedoring industry on 25 November 1991 maintains their entitlement to an additional week’s annual leave.
24.4 Annual leave may be taken in separate periods
An employee may elect to take annual leave in 3 separate periods each of at least one week’s duration if agreed by the employer.
24.5 Public holidays falling during annual leave
(a) If a public holiday falls during an employee’s annual leave, and is on a day which the employee would otherwise have worked as ordinary time, then:
(i) an extra day should be added to the employee’s annual leave; or
(ii) an extra day may be taken separately at a mutually agreed time within the following 12 months.
(b) The employee will not receive the extra day instead of the public holiday unless:
(i) the employee is available to start work at the next rostered shift on the first working day after their annual leave ends; or
(ii) the employee has reasonable cause for not being available.
[24.5(c) inserted by PR747365 ppc 14Nov22]
(c) If a public holiday is a part-day public holiday, then clause 24.5 applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.
(a) During a period of annual leave, the employer must pay the employee at the employee’s ordinary hourly rate of pay for the employee’s ordinary hours in the period.
(b) A loading of 27.5% 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).
24.7 Pay rises occurring during a period of annual leave
In the event that a pay increase commences during an employee’s annual leave, the employee is entitled to be paid the additional entitlement for the period of the annual leave occurring on or after the date of the increase at the new rate plus the loading (in clause 24.6(b)).
(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 24.8 is set out at Schedule F—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule F—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 24.8 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 24.8, 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.
24.9 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 24.9.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 24.9.
(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.
(d) An agreement under clause 24.9 must state:
(i) the amount of leave to be cashed out and the payment to be made to the employee for it; and
(ii) the date on which the payment is to be made.
(e) An agreement under clause 24.9 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.
(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.
(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.
(i) The employer must keep a copy of any agreement under clause 24.9 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 24.9.
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 24.9.
NOTE 3: An example of the type of agreement required by clause 24.9 is set out at Schedule G—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule G—Agreement to Cash Out Annual Leave.
24.10 Excessive leave accruals: general provision
NOTE: Clauses 24.10 to 24.12 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 24.2).
(c) Clause 24.11 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 24.12 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
24.11 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 24.10(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 24.11(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 24.10, 24.11 or 24.12 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 24.11(a) that is in effect.
(d) An employee to whom a direction has been given under clause 24.11(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 24.11(d) may result in the direction ceasing to have effect. See clause 24.11(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.
24.12 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 24.10(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 24.12(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 24.11(a) that, when any other paid annual leave arrangements (whether made under clause 24.10, 24.11 or 24.12 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 24.12(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 24.10, 24.11 or 24.12 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 24.12(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 24.2) in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under clause 24.12(a).
24.13 Payment of accrued annual leave on termination
The NES provides for payment of accrued annual leave upon termination. For the full NES entitlement see section 90(2) of the Act.
25. Personal/carer’s leave and compassionate leave
25.1 Personal/carer’s leave and compassionate leave are provided for in the NES.
25.2 Payment for accrued personal/carer’s leave on retirement
Where an employee:
(a) dies, retires, is made redundant or resigns their employment after 10 years’ service; or
(b) is accepted by their superannuation fund as totally or permanently disabled;
the employee (or in the case of death, the employee’s personal legal representative) will be paid an amount equivalent to the employee’s unused accumulated personal/carer’s leave entitlement at the ordinary rate of pay.
25.3 Payment for excess accrued sick leave
Where an employee has accumulated as at 1 July of any year more than 28 days unused sick leave, the employee may elect to receive an amount equivalent to all or part of the accumulated sick leave in excess of 28 days at the ordinary rate of pay instead of actual leave.
25.4 Evidence requirements
(a) The employee will, if required by the employer, establish by the production of a statutory declaration, that the employee was unable to work because of injury or personal illness.
(b) In the case where the period of absence is extensive or where the employee failed to report for duty in circumstances where, in the employer’s opinion, a requirement for confirmation for the reason for the absence is justified, the employer may require the employee to produce a legally qualified medical practitioner’s certificate that the employee was unable, in the medical practitioner’s opinion, to attend for work through personal illness or injury.
26. Parental leave and related entitlements
[26 varied by PR763250 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 33—Dispute resolution and/or under section 76B of the Act.
Community service leave is provided for in the NES.
28. Leave for attendance at repatriation centres
28.1 An employee, being ex-service personnel, will be allowed, as time worked, lost time incurred while attending repatriation centres for medical examination and or treatment, provided that:
(a) such lost time does not exceed 4 hours; and
(b) an employee produces evidence, satisfactory to the employer, that the employee is so required and/or does attend a repatriation centre.
29. Family and domestic violence leave
[29—Unpaid family and domestic violence leave renamed and substituted by PR750546 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 PR747365]
30.1 Public holidays are provided for in the NES.
30.2 Where an employee works on a public holiday they will be paid in accordance with clause 21.3(a) or 21.5(b).
30.3 Rostered day off for a shiftworker on a public holiday
A shiftworker who is rostered off on the day on which a public holiday prescribed by clause 30 falls will be paid at the ordinary rate for the public holiday in addition to the ordinary weekly wage.
30.4 Outports
An employee required to work in an outport on a day on which a public holiday occurs in their home port will be paid public holiday rates for such work. An employee who works in an outport on a day which is a public holiday in the outport but is not a public holiday in the employee’s home port will be paid at the rate applicable in the employee’s home port.
30.5 Day instead of holiday for 7-day continuous shiftworkers
[30.5 renumbered as 30.5(a) by PR747365 ppc 14Nov22]
[30.5(b) inserted by PR747365 ppc 14Nov22]
(b) If a public holiday is a part-day public holiday, then clause 30.5(a) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.
[30.6 deleted by PR747365 ppc 14Nov22]
Part 7—Consultation and Dispute Resolution
31. Consultation about major workplace change
31.1 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.
31.2 For the purposes of the discussion under clause 31.1(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.
31.3 Clause 31.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
31.4 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 31.1(b).
31.5 In clause 31 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.
31.6 Where this award makes provision for alteration of any of the matters defined at clause 31.5, such alteration is taken not to have significant effect.
32. Consultation about changes to rosters or hours of work
32.1 Clause 32 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.
32.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 32.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
32.4 The employer must consider any views given under clause 32.3(b).
32.5 Clause 32 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 PR763250]
33.1 Clause 33 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
33.3 If the dispute is not resolved through discussion as mentioned in clause 33.2, 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.
33.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 33.2 and 33.3, a party to the dispute may refer it to the Fair Work Commission.
33.5 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.
33.6 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.
33.7 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 33.
33.8 While procedures are being followed under clause 33 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.
33.9 Clause 33.8 is subject to any applicable work health and safety legislation.
[Note 1 inserted by PR763250 ppc 01Aug23]
NOTE 1: In addition to clause 33, 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 PR763250 ppc 01Aug23]
NOTE 2: In addition to clause 33, 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
NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.
34.1 Notice of termination by an employee
(a) Clause 34.1 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 Employee’s period of continuous service with the employer at the end of the day the notice is given |
Column 2 Period of notice |
|
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 34.1(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 34.1(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 34.1(b), then no deduction can be made under clause 34.1(d).
(f) Any deduction made under clause 34.1(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 34.2 is to be taken at times that are convenient to the employee after consultation with the employer.
NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.
35.1 Transfer to lower paid duties on redundancy
(a) Clause 35.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.
(b) The employer may:
(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or
(ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 35.1(c).
(c) If the employer acts as mentioned in clause 35.1(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.
35.2 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 35 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.
(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 35.3(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 35.3(b).
(d) An employee who fails to produce proof when required under clause 35.3(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 34.2.
Schedule A—Classification Definitions
A.1 Grade 1
A Grade 1 employee is an employee who is undergoing induction and initial training prior to appointment as a stevedoring employee Grade 2.
A.2 Grade 2
A Grade 2 employee is an employee who has completed induction and initial training, has demonstrated competence and who performs such functions as required by the employer from time to time in relation to:
(a) the operation of ITV’s, small fork-lifts, bobcats and other small mechanical equipment;
(b) shipboard and wharf duties, lashing and unlashing, packing and unpacking of containers, and other general duties;
(c) basic servicing of equipment incidental to the performance of functions at this grade;
(d) basic security duties incidental to the performance of functions at this grade;
(e) clerical tasks incidental to the performance of functions at this grade;
(f) other basic clerical tasks; and
(g) where appropriate, functions associated with a higher grade as part of a training program.
A Grade 3 employee is an employee who has attained the level of stevedoring employee Grade 2 and who has:
(a) completed additional training and has demonstrated competence in clerical and/or operational skills at this grade, and performs such functions as required by the employer from time to time in relation to:
(i) operation of heavy mechanical equipment such as heavy fork-lifts, straddle carriers, transtainers, front-end loaders, excavators or fuel trucks;
(ii) the operation of ships gear;
(iii) basic servicing of equipment incidental to the performance of functions at this grade;
(iv) clerical tasks incidental to the performance of functions at this grade;
(vii) security/watching duties where this is required to be carried out as a primary function of an employee;
(viii) first aid duties where this is required to be carried out as a primary function of an employee;
(ix) where appropriate in respect to clauses A.3(a)(ii), A.3(a)(iii), A.3(a)(iv), A.3(a)(v) or A.3(a)(vi) functions associated with a higher grade as part of a training program;
(b) been trained and selected for appointment to the classification of stevedoring employee Grade 3 in accordance with the operational requirements of the employer’s enterprise.
A.4.1 A Grade 4 employee is an employee who has attained the level of stevedoring employee Grade 3 and who has:
(a) completed additional training and has demonstrated competence in clerical, operational and or mechanical skills at this grade and performs such functions as are required by the employer from time to time in relation to:
(ii) basic servicing of equipment incidental to the performance of functions at this grade; and
(iii) clerical tasks incidental to the performance of functions at this grade; or
(v) is a maintenance tradesperson as defined and performs operational and or clerical functions on an incidental basis as required; or
(vi) monitoring and controlling the operation of refrigeration plant and its ancillary equipment under general supervision and the performance of routine mechanical maintenance in connection therewith, and any work incidental thereto; or
(vii) where appropriate in respect to clauses A.4.1(a)(i), A.4.1(a)(ii), A.4.1(a)(iii) or A.4.1(a)(iv) functions associated with a higher grade as part of a training program;
(b) been trained and selected for appointment to the classification of stevedoring employee Grade 4 in accordance with the operational requirements of the employer’s enterprise.
A.4.2 Maintenance tradesperson
(a) an engineering tradesperson–level 1 as defined in the Manufacturing and Associated Industries and Occupation Award 2020; or
(b) a mechanical fitter, motor mechanic, boilermakers, shipwright, welder, electrical fitter, electrical mechanic, automotive electrician, or mechanical engineering tradesperson;
A maintenance tradesperson is defined in 2—Definitions.
A.5 Grade 5
A Grade 5 employee is an employee who has attained the level of stevedoring employee Grade 3 or 4 and who has:
(a) completed additional training and has demonstrated competence in the skills required at this grade and performs such functions as are required by the employer from time to time; and
(iii) in relation to clause A.5(a)(i) and (ii) where appropriate, performs functions associated with a higher grade as part of a training program;
(b) been trained and selected for appointment to the classification of stevedoring employee Grade 5 in accordance with the operational requirements of the employer’s enterprise.
A.6 Grade 6
A.6.1 A Grade 6 employee is an employee who has attained the level of either stevedoring employee Grade 4 or 5 and who has:
(a) completed additional training and has demonstrated competence in the skills required at this grade and performs such functions as are required by the employer from time to time in relation to:
(iii) is a maintenance tradesperson special class as defined;
(iv) as required in respect to clause A.6.1(a)(i), (ii) or (iii), performs operational and or clerical functions on an incidental basis;
(v) as required in respect to clause A.6.1(a)(i), (ii) or (iii), performs functions associated with a higher grade as part of a training program;
(b) been trained and selected for appointment to the classification of stevedoring employee Grade 6 in accordance with the operational requirements of the employer’s enterprise.
A.6.2 Maintenance Tradesperson Special Class
A maintenance tradesperson special class is defined in 2—Definitions.
A.7 Grade 7
A Grade 7 employee is an employee who has attained the level of stevedoring employee Grade 6 and who has:
(a) completed additional training and has demonstrated competence in the skills required at this grade and performs such functions as are required by the employer from time to time in relation to:
(i) planning, controlling, co-ordinating and integrating stevedoring operations (including maintenance operations) and stevedoring employees in connection with vessels and or cargoes as allocated by the employer from time to time and compiles records, reports and information in connection therewith; and
(ii) operational, clerical and maintenance functions on an incidental basis; and
(iii) where appropriate, performs functions associated with a higher grade as part of a training program;
(b) been trained and selected for appointment to the classification of stevedoring employee Grade 7 in accordance with the operational requirements of the employer’s enterprise.
Schedule B—Summary of Monetary Allowances
[Varied by PR718871, PR719024, PR729311, PR729496, PR740733, PR740901, PR750809, PR762162, PR762327]
See clause 18—Allowances for full details of allowances payable under this award.
B.1 Wage-related allowances
[B.1.1 varied by PR718871, PR729311, PR740733, PR762162 ppc 01Jul23]
B.1.1 The following wage-related allowances are based on the weekly standard rate defined in 2—Definitions as the minimum weekly wage for a Stevedoring employee Grade 4 in clause 16—Minimum rates=$987.80. These rates are to be paid in accordance with clauses 18—Allowances and 18.3.
|
Allowance |
Clause |
% of standard rate |
$ |
Payable |
|
Electrician's licence allowance1 |
18.2(b) |
4.55 |
44.94 |
per week |
|
Specialist functions allowance1 |
18.2(c)(i) |
2.87 |
28.35 |
per week |
|
First aid allowance |
18.2(d)(i) |
2.13 |
21.04 |
per week |
|
Leading hand tradesperson in charge of—3 to 10 employees |
18.2(e) |
4.08 |
40.30 |
per week |
|
Leading hand tradesperson in charge of—11 to 20 employees |
18.2(e) |
6.07 |
59.96 |
per week |
|
Leading hand tradesperson in charge of—More than 20 employees |
18.2(e) |
7.76 |
76.65 |
per week |
|
Roll-on and roll-off vessel allowance |
18.2(g) |
0.18 |
1.78 |
per hour |
|
Stevedoring operations—other than in terminal operations—Explosives |
18.2(h) |
0.26 |
2.57 |
per hour |
|
Stevedoring operations—other than in terminal operations—Bulk grain – barley and oats |
18.2(h) |
0.35 |
3.46 |
per hour |
|
Stevedoring operations—other than in terminal operations—Bulk grain – others |
18.2(h) |
0.27 |
2.67 |
per hour |
|
Stevedoring operations—other than in terminal operations—Freezer cargoes – the temperature in the place of work is below -12°C |
18.2(h) |
0.23 |
2.27 |
per hour |
|
Stevedoring operations—other than in terminal operations—Freezer cargoes – the temperature in the place of work is -12°C and above |
18.2(h) |
0.11 |
1.09 |
per hour |
|
Stevedoring operations—other than in terminal operations—Nickel concentrates |
18.2(h) |
0.74 |
7.31 |
per hour |
|
Stevedoring operations—other than in terminal operations—First aid employees |
18.2(h) |
0.48 |
4.74 |
per hour |
|
Telephone allowance |
18.2(i) |
1.36 |
13.43 |
per week |
|
Terminal operation allowance—Grade 1 to 5—Operational |
18.2(j)(i) |
2.48 |
24.50 |
per week |
|
Terminal operation allowance—Grade 3 to 5—Clerical |
18.2(j)(i) |
1.29 |
12.74 |
per week |
|
Terminal operation allowance—Grade 4, 6 and 7—Maintenance |
18.2(j)(i) |
4.41 |
43.56 |
per week |
|
Terminal operation allowance—Grade 6 and 7—Supervisory |
18.2(j)(i) |
2.48 |
24.50 |
per week |
|
Terminal operation allowance—Grade 3—Security |
18.2(j)(i) |
1.91 |
18.87 |
per week |
1 These allowances apply for all purposes of this award.
B.1.2 Automatic adjustment of wage-related allowances
[B.1.2 renamed and substituted by PR750809 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 PR719024, PR729496, PR740901, PR762327 ppc 01Jul23]
B.2.1 The following expense-related allowances will be payable to employees in accordance with clause 18.3:
|
Allowance |
Clause |
$ |
Payable |
|
Vehicle allowance |
18.3(b) |
0.95 |
per km |
|
Expenses for stevedoring employees Grade 7—car allowance |
18.3(c)(i) |
92.92 |
per week |
|
Laundry allowance—limited to 2 sets of overalls |
18.3(d) |
9.20 |
per week per set of overalls or other issued clothing |
|
Day work—overtime meal allowance—Saturday, Sunday or public holiday |
18.3(e) |
22.63 |
per occasion |
|
Shiftwork—meal allowance |
18.3(f) |
16.20 |
per occasion |
|
Outports allowance—Overnight stay—out of pocket expenses |
18.5(b)(i) |
40.67 |
per day |
|
Outports allowance—Overnight stay—transfer for defined number of days |
18.5(b)(ii) |
140.11 |
per day |
|
Outports allowance—Overnight stay—transfer for flexible number of days |
18.5(b)(ii) |
190.77 |
per day |
|
Outports allowance—Saturday, Sunday or holiday |
18.5(c)(i) |
122.34 |
per day |
|
Outports allowance—Use of own motor vehicle |
18.5(f) |
0.95 |
per km |
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 |
|
Outports allowance |
All groups |
|
Meal allowance |
Take away and fast foods sub-group |
|
Vehicle allowance |
Private motoring sub-group |
|
Laundry allowance |
Clothing and footwear group |
Schedule C—School-based apprentices
C.1 This schedule applies to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.
C.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement or contract of training for an apprentice declared or recognised by the relevant State or Territory authority.
C.4 For the purposes of clause C.3, where an apprentice is a full-time school student, the time spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.
C.5 A school-based apprentice must be allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.
C.6 For the purposes of this schedule, off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.
C.7 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed 6 years.
C.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each 2 years of employment as an apprentice or at the rate of competency-based progression, if provided for in this award.
C.9 The apprentice wage scales are based on a standard full-time apprenticeship of 4 years (unless the apprenticeship is of 3 years duration) or stages of competency based progression, if provided for in this award. The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.
C.10 If an apprentice converts from school-based to full-time, the successful completion of competencies (if provided for in this award) and all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.
C.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.
Schedule D—Supported Wage System
[Varied by PR719661, PR729672, PR742256, PR762969]
D.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
D.2 In this schedule:
approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system.
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme.
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged.
supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au.
SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate.
D.3 Eligibility criteria
D.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
D.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
D.4 Supported wage rates
D.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:
|
Assessed capacity (clause D.5) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[D.4.2 varied by PR719661, PR729672, PR742256, PR762969 ppc 01Jul23]
D.4.2 Provided that the minimum amount payable must be not less than $102 per week.
D.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
D.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
D.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
D.6 Lodgement of SWS wage assessment agreement
D.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
D.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
D.7 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the SWS.
D.8 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.
D.9 Workplace adjustment
An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.
D.10 Trial period
D.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.
D.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
[D.10.3 varied by PR719661, PR729672, PR742256, PR762969 ppc 01Jul23]
D.10.3 The minimum amount payable to the employee during the trial period must be no less than $102 per week.
D.10.4 Work trials should include induction or training as appropriate to the job being trialled.
D.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause D.5.
Schedule E—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 F—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 G—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 H—Part-day Public Holidays deleted by PR747365 ppc 14Nov22]
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