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This Fair Work Commission consolidated modern award incorporates all amendments up to and including 1 August 2023 (PR763290).
Clause(s) affected by the most recent variation(s):
6—Requests for flexible working arrangements
23—Parental leave and related entitlements
29—Dispute resolution
Table of Contents
Part 1—Application and Operation of this Award
1. Title and commencement
1.1 This award is the Dredging Industry Award 2020.
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.
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
aggregate rate means the minimum rate that has been fixed on the basis that, except where otherwise provided in the award, it takes account of all aspects and conditions of employment both general and particular and incorporates the dredging industry allowance.
all purposes means the payment will be included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave (see clause 17.2(a)).
barge means either a propelled or non-propelled barge engaged in the carriage of dredge spoil, marine stores including fuel and/or dredging equipment.
[Definition of casual employee inserted by PR733918 from 27Sep21]
casual employee has the meaning given by section 15A of the Act.
continuous operation means 24 hours per day operation.
day means the 24 hours midnight to midnight.
day worker means an employee who works day work in accordance with this award and does not include a shiftworker on day shift.
default fund employee means an employee who has no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth).
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
dredge means a self-propelled vessel or a non-propelled vessel as defined which is engaged in or in association with dredging or dredging work. Under this definition:
(a) self-propelled vessel means a dredging vessel used specifically for dredging or dredging work which is powered under its own steam; and
(b) non-propelled vessel means a dredging vessel used specifically for dredging or dredging work which is not powered under its own steam and is required to be pushed or pulled into its position of operation.
dredging industry has the meaning given in clause 4.2.
employee means national system employee within the meaning of the Act.
employer means national system employer within the meaning of the Act.
free passage means: for travel by rail—first class including sleeper berth when so provided; for travel by air—commercial aircraft, economy class.
fully operational means the period between the time employees go on to 12 hour shifts for the mobilisation of a vessel until the completion of the demobilisation period. Such period includes the preparation on site for operations, dredging operations, running repairs and maintenance carried out during the course of the contract but does not include scheduled breaks in the contract program where the vessel is not required.
home port means the port at which the employee is originally engaged or the port mutually agreed upon between the employer and the employee concerned.
launch means a self-propelled vessel engaged in hydro-graphic survey and/or the carriage of passengers or stores between other vessels and shore facilities.
less remote means a place that does have ready access to goods and services of a major city or town but is not a major port and includes: Albany, Ballina, Bowen, Bunbury, Bundaberg, Busselton, Clarence River, Darwin (East Arm), Eden, Esperance, Geraldton, Gulf Ports, Jervis Bay, Lakes Entrance, Mackay, Maryborough, Mourilyan Harbour, Moruya, Port Stephens, Portland, South Australia, Thevenard, Uranga and Welshpool.
major port means a major city or town and includes: Adelaide, Brisbane, Botany, Cairns, Fremantle, Geelong, Gladstone, Melbourne, Newcastle, Port Kembla, Sydney, Townsville and Westernport.
month means a calendar month.
NES means the National Employment Standards as contained in sections 59 to 131 of the the Act.
not fully operational means all times when a vessel is laid up and includes periods when a vessel is laid up out of commission, or laid up under repair and maintenance between dredging contracts, or during scheduled breaks in the contract program where the vessel is not required, but does not include essential repairs and maintenance if required at the conclusion of a project.
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 minimum hourly rate for an employee’s classification specified in clause 15—Minimum rates plus any all-purpose allowance to which an employee is entitled.
port includes a bay, river and/or area prescribed as being within harbour limits.
remote means a place that does not have ready access to goods and services of a major city or town and includes: Archer Point, Broome, Cape Cuvier, Carnarvon, Cooktown, Dampier, Hay Point, Port Alma, Port Headland, Weipa, Wyndham and Yampi.
shiftworker means an employee who works shiftwork in accordance with this award as part of a 2 or 3 shift system.
shipkeeping means being on board and available for the performance of any duty.
standard rate means the minimum weekly rate for the classification of Able seaman in clause 15.2.
3. The National Employment Standards and this award
3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
3.3 The employer must ensure that copies of the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.
4.1 This industry award covers employers throughout Australia in the dredging industry and their employees in the classifications listed in clause 15—Minimum rates to the exclusion of any other modern award.
4.2 Dredging industry means:
(a) the operation of vessels in dredging or sluicing work generally and including such work in relation to land reclamation, metalliferous and other mining, and oil and gas projects; and
(b) the operation of vessels, barges, self-propelled dredges, tugs or other self‑propelled vessels, used in the dredging of ports, harbours, bays, estuaries, rivers and channels requiring travelling to or from a dumping area, or whilst moving from port to port.
4.3 This award does not cover:
(a) employers and their employees who are covered by the following awards:
(i) the Coal Export Terminals Award 2020;
(ii) the Marine Towage Award 2020;
(iii) the Maritime Offshore Oil and Gas Award 2020;
(iv) the Port Authorities Award 2020;
(v) the Ports, Harbours and Enclosed Water Vessels Award 2020;
(vi) the Seagoing Industry Award 2020;
(vii) the Stevedoring Industry Award 2020; and
(b) maintenance contractors covered by the Manufacturing and Associated Industries and Occupations Award 2020.
4.4 This award covers any employer which supplies labour on an on-hire basis in the dredging 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 trainees engaged in the dredging industry and/or parts of that industry and those 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.
4.7 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.
NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.
5. Individual flexibility arrangements
5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:
(a) arrangements for when work is performed; or
(b) overtime rates; or
(c) penalty rates; or
(d) allowances; or
(e) annual leave loading.
5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.
5.3 An agreement may only be made after the individual employee has commenced employment with the employer.
5.4 An employer who wishes to initiate the making of an agreement must:
(a) give the employee a written proposal; and
(b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.
5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.
5.6 An agreement must do all of the following:
(a) state the names of the employer and the employee; and
(b) identify the award term, or award terms, the application of which is to be varied; and
(c) set out how the application of the award term, or each award term, is varied; and
(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and
(e) state the date the agreement is to start.
5.7 An agreement must be:
(a) in writing; and
5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.
5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.
5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.
5.11 An agreement may be terminated:
(a) at any time, by written agreement between the employer and the employee; or
NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).
5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.
5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.
6. Requests for flexible working arrangements
[6 substituted by PR763290 ppc 01Aug23]
Requests for flexible working arrangements are provided for in the NES.
NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 29—Dispute resolution and/or under section 65B of the Act.
7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or an employer and the majority of employees in the enterprise or part of the enterprise concerned.
7.2 Facilitative provisions in this award are contained in the following clauses:
|
Clause |
Provision |
Agreement between an employer and: |
|
11.3 |
Casual employment—payment of wages |
An individual |
|
13.2(a)(ii) |
Span of hours—vessels fully operational |
An individual or the majority of employees |
|
14.3 |
Breaks—employees on dredging operations |
An individual |
|
21.2 |
Annual leave in advance |
An individual |
|
21.3 |
Cashing out of annual leave |
An individual |
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) part-time; or
(c) casual.
8.2 At the time of engagement, an employer will inform each employee of the terms of their engagement and, in particular, whether they are to be full-time, part-time or casual employees.
9. Full-time employees
A full-time employee is engaged to work 38 ordinary hours per week, averaged over a period of one year.
10.1 A part-time employee:
(a) is engaged to work ordinary hours which are less than the average number of ordinary hours of a full-time employee; and
(b) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.
10.2 A part-time employee must be paid the ordinary hourly rate for the relevant classification in clause 15—Minimum rates.
10.3 At the time of commencement, the employer must inform the part-time employee in writing of the:
(a) ordinary hours of work and starting and finishing times; or
(b) rostered periods of duty to be worked by the employee.
11. Casual employees
[Varied by PR723890; corrected by PR724573; varied by PR733918]
[11.1 substituted by PR733918 from 27Sep21]
11.1 A casual employee must not be engaged for a period of more than 4 weeks and must be notified of this on the first day of their employment.
11.2 Casual loading
[11.2(a) substituted by PR723890 ppc 20Nov20]
(a) For each ordinary hour worked, a casual employee must be paid:
(i) the ordinary hourly rate for the classification in which they are employed; and
(ii) a loading of 25% of the ordinary hourly rate.
(b) The casual loading is paid instead of annual leave, annual leave loading and any other rates and allowances contained in this award except overtime and shift allowances.
[11.2(c) inserted by PR723890 ppc 20Nov20; corrected by PR724573 ppc 20Nov20]
(c) The casual loading will not be paid for overtime hours worked.
11.4 On each occasion a casual employee is required to attend work, the employee is entitled to a minimum payment for 2 hours’ work.
[11.5 deleted by PR733918 from 27Sep21]
12.1 All employees covered by this award may be engaged in the classifications set out in clause 15—Minimum rates.
12.2 Employers must advise their employees in writing of their classification and any changes to their classification.
12.3 The employer must determine the employee’s classification based on the skill level or levels that the employee requires to carry out the principal functions of their employment. The principal functions of employment will be determined by the employer.
13. Ordinary hours of work and rostering
13.1 Clause 13 supplements the NES.
13.2 Span of hours—vessels fully operational
(i) Hours of duty for day workers will consist of 12 hours per day on each of 7 days per week between 6.00 am and 6.00 pm.
(iii) Any work performed outside the agreed spread of hours must be paid for at overtime rates in accordance with clause 19.1.
(b) Shiftworkers
(i) Hours of duty for shiftworkers will consist of one week of day shifts alternating with one week of night shifts.
(ii) The day shift cycle will comprise 12 hour shifts on each of 7 days per week between 6.00 am and 6.00 pm.
(iii) The night shift cycle will comprise 12 hour shifts on each of 6 days per week between 6.00 pm and 6.00 am.
(c) Marine cooks
Hours of duty for marine cooks will consist of 12 hours per day on each of 7 days per week.
13.3 Span of hours—vessels not fully operational
Ordinary hours may be worked between 8.00 am and 4.30 pm for up to 8 hours per day, Monday to Friday inclusive, or between 7.00 am and 5.00 pm when not engaged in dredging duties.
14.1 Except as provided in clauses 14.2(b) and 14.3(d), an employee must not be compelled to work for more than 5 hours without a break for a meal.
14.2 Employees on other than dredging operations
(a) Employees on other than dredging operations must be allowed a meal break of at least 45 minutes between the hours of 11.30 am and 1.30 pm.
14.3 Employees on dredging operations
(a) Employees on dredging operations must be allowed a meal break of 30 minutes, which is to be taken within 5 hours from the start of the shift or at a time otherwise agreed.
(b) The meal breaks prescribed in clause 14.3 are to be counted as time worked.
(c) The incidence of meal time will not interrupt the working of the dredge and attendant craft.
(d) Employees must be paid an additional one hour at ordinary time rates:
(i) if the master/engineer or their representative decides, in an emergency, that the meal break cannot be taken; or
(ii) where a dredge and attendant craft are in continuous operation and it is impracticable on any shift to allow the meal break.
14.4 Maximum hours
Employees must not work for more than 18 hours continuously. If an employee works a period of 18 continuous hours they must have 10 hours off (inclusive of 2 meal hours), subject to employees being available to ensure the continuous operation of the vessel. Less than 4 hours off will not constitute a break in the work period of 18 continuous hours.
14.5 Recall
(a) An employee recalled to work overtime otherwise than in a consecutive extension before or after ordinary duty for the day, will be paid a minimum of 4 hours’ work at the appropriate rates.
(b) If an employee is called back to work on more than one occasion between ceasing time on one day and starting time the next day, the employee will be paid 200% of the ordinary hourly rate for all time from the commencement of the first call-out to the conclusion of the last call-out.
[Varied by PR718903, PR729344, PR740771, PR762194]
15.1 Employees on a non-propelled dredge
[15.1 varied by PR718903, PR729344, PR740771, PR762194 ppc 01Jul23]
An employer must pay an employee engaged on a non-propelled dredge the following minimum rate:
|
Classification |
Minimum weekly rate |
Minimum hourly rate |
|
|
$ |
$ |
|
Chief engineer |
1133.10 |
29.82 |
|
Chief operator |
1133.10 |
29.82 |
|
First engineer |
1110.40 |
29.22 |
|
First operator |
1110.40 |
29.22 |
|
Drilling technician |
1080.10 |
28.42 |
|
Engineer |
1058.70 |
27.86 |
|
Mechanical attendant |
1058.70 |
27.86 |
|
Crane operator/mechanical |
1049.10 |
27.61 |
|
Electrician |
1046.00 |
27.53 |
|
Leading driller |
1038.70 |
27.33 |
|
Second engineer |
1015.60 |
26.73 |
|
Second operator |
1015.60 |
26.73 |
|
Leading hand (reclamation) |
1015.60 |
26.73 |
|
Driller |
988.40 |
26.01 |
|
Third engineer |
970.60 |
25.54 |
|
Dredgehand |
955.00 |
25.13 |
|
Greaser |
955.00 |
25.13 |
|
Assistant driller |
955.00 |
25.13 |
|
Crew attendant |
955.00 |
25.13 |
NOTE: See Schedule A—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.
15.2 Dredge other than a non-propelled dredge—not fully operational
[15.2 varied by PR718903, PR729344, PR740771, PR762194 ppc 01Jul23]
An employer must pay an employee engaged on a dredge other than a non-propelled dredge that is not fully operational the following minimum rate:
|
Classification |
Minimum weekly rate |
Minimum hourly rate |
|
|
$ |
$ |
|
Trailer master |
1204.60 |
31.70 |
|
Chief engineer |
1204.60 |
31.70 |
|
Trailer shift master |
1171.10 |
30.82 |
|
Tug master W.H. Reliance or equivalent |
1171.10 |
30.82 |
|
First engineer |
1171.10 |
30.82 |
|
Electrical engineer Humber River or equivalent |
1171.10 |
30.82 |
|
Trailer mate |
1076.70 |
28.33 |
|
Tug master, tug engineer |
1076.70 |
28.33 |
|
Second engineer, electrical engineer |
1076.70 |
28.33 |
|
Pump operator, welder, deckhand/welder, dredgehand/welder |
1076.70 |
28.33 |
|
Bosun/driller |
1076.70 |
28.33 |
|
Launch driver |
1043.40 |
27.46 |
|
Assistant pump operator |
1022.70 |
26.91 |
|
Driller, deckhand/driller |
1022.70 |
26.91 |
|
Bosun |
1022.70 |
26.91 |
|
Chief cook |
1022.70 |
26.91 |
|
Deckhand, assistant driller |
997.80 |
26.26 |
|
Able seaman, deckhand, dredgehand, greaser, firefighter, motorman |
997.80 |
26.26 |
|
Crew attendant |
997.80 |
26.26 |
|
Second cook |
997.80 |
26.26 |
NOTE: See Schedule A—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.
15.3 Dredge other than a non-propelled dredge—fully operational
[15.3 varied by PR718903, PR729344, PR740771, PR762194 ppc 01Jul23]
An employer must pay an employee engaged on a dredge other than a non-propelled dredge that is fully operational the following aggregated rate:
|
Classification |
Day workers |
Shiftworkers |
||
|
Weekly aggregated rate |
Hourly aggregated rate |
Weekly aggregated rate |
Hourly aggregated rate |
|
|
|
$ |
$ |
$ |
$ |
|
Trailer master |
2698.80 |
32.13 |
2665.60 |
34.17 |
|
Chief engineer |
2698.80 |
32.13 |
2665.60 |
34.17 |
|
Trailer shift master |
2625.60 |
31.26 |
2593.30 |
33.25 |
|
Tug master W.H. Reliance or equivalent |
2625.60 |
31.26 |
2593.30 |
33.25 |
|
First engineer |
2625.60 |
31.26 |
2593.30 |
33.25 |
|
Electrical engineer Humber River or equivalent |
2625.60 |
31.26 |
2593.30 |
33.25 |
|
Trailer mate |
2419.10 |
28.80 |
2389.40 |
30.63 |
|
Tug master, tug engineer |
2419.10 |
28.80 |
2389.40 |
30.63 |
|
Second engineer, electrical engineer |
2419.10 |
28.80 |
2389.40 |
30.63 |
|
Pump operator, welder, deckhand/welder, dredgehand/welder |
2419.10 |
28.80 |
2389.40 |
30.63 |
|
Bosun/driller |
2419.10 |
28.80 |
2389.40 |
30.63 |
|
Launch driver |
2346.30 |
27.93 |
2317.50 |
29.71 |
|
Assistant pump operator |
2301.10 |
27.39 |
2272.80 |
29.14 |
|
Driller, deckhand/driller |
2301.10 |
27.39 |
2272.80 |
29.14 |
|
Bosun |
2301.10 |
27.39 |
2272.80 |
29.14 |
|
Chief cook |
2301.10 |
27.39 |
2272.80 |
29.14 |
|
Deckhand, assistant driller |
2246.60 |
26.75 |
2219.10 |
28.45 |
|
Able seaman, deckhand, dredgehand, greaser, firefighter, motorman |
2246.60 |
26.75 |
2219.10 |
28.45 |
|
Crew attendant |
2246.60 |
26.75 |
2219.10 |
28.45 |
|
Second cook |
2246.60 |
26.75 |
2219.10 |
28.45 |
NOTE: See Schedule A—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.
(a) An employee engaged to perform any duties of a position at a higher classification level for more than 2 hours during any one day will be paid the rate applicable to that higher level for all work done on that day.
(b) An employee engaged to perform any duties of a position at a higher classification level for 2 hours or less during one day will be paid the higher rate for the actual time worked at that higher level.
(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.
[15.5(b) varied by PR718903, PR729344, PR740771, PR762194 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 Dredging 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.
16.1 Wages are to be paid weekly or fortnightly. Wages may be paid by cash or electronic funds transfer (EFT).
16.2 Payment on termination of employment
(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and
(ii) all other amounts that are due to the employee under this award and the NES.
(b) The requirement to pay wages and other amounts under clause 16.2(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.
NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.
NOTE 2: Clause 16.2(b) allows the Commission to make an order delaying the requirement to make a payment under clause 16.2. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.
NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.
[Varied by PR718903, PR719055, PR729344, PR729528, PR740771, PR740934, PR762194, PR762361]
17.1 Employers must pay to an employee the allowances the employee is entitled to under clause 17.
NOTE: See Schedule B—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
Allowances paid for all purposes are included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave. The following allowance is paid for all purposes under this award:
(i) dual certificate allowance (clause 17.2(b)).
(b) Dual certificate allowance
[17.2(b)(i) varied by PR718903, PR729344, PR740771, PR762194 ppc 01Jul23]
(i) A payment of $36.22 per week will be made to an employee working on a vessel that is not fully operational who acts in a dual capacity of master and engineer. The rate is payable for all purposes of this award.
[17.2(b)(ii) varied by PR718903, PR729344, PR740771, PR762194 ppc 01Jul23]
(c) Special rates—confined areas
[17.2(c) varied by PR718903, PR729344, PR740771, PR762194 ppc 01Jul23]
An employee will be paid $1.60 per hour in addition to any other ordinary or overtime rate payable under this award for time occupied working:
(i) inside boilers or furnaces;
(ii) inside the casing of internal combustion engines;
(iii) inside oil tanks in motor vessels;
(iv) in bilges (including rose boxes) and coffer dams;
(v) inside impeller pump casings and dredging pipes; or
(vi) under engine room or pump room deck plates.
[17.2(d) varied by PR718903, PR729344, PR740771, PR762194 ppc 01Jul23]
A hard‑lying allowance of $30.73 per week will be paid to employees required to live aboard a vessel and share a cabin with another employee. The allowance is not subject to any penalties or premium prescribed by this award.
(i) A master, mate or engineer shipkeeping in any port for all or part of the hours between 5.00 pm and 7.00 am will be entitled to an extra 12 hours’ pay at ordinary rates.
[17.2(e)(ii) varied by PR718903, PR729344, PR740771, PR762194 ppc 01Jul23]
|
|
$ per week |
|
Remote areas |
292.95 |
|
Less remote areas |
194.87 |
|
Major ports |
129.12 |
[17.2(e)(iii) varied by PR718903, PR729344, PR740771, PR762194 ppc 01Jul23]
|
|
$ per week |
|
Remote areas |
163.84 |
|
Less remote areas |
65.56 |
(iv) The allowances in clauses 17.2(e)(ii) and 0 will not be taken into account in calculating the wage rate for shiftwork, overtime, annual leave or redundancy pay.
(v) In clauses 17.2(e)(ii) and 0 the areas and ports are defined as follows:
· less remote means a place that does have ready access to goods and services of a major city or town but is not a major port and includes: Mourilyan Harbour, Bowen, Mackay, Bundaberg, Urangan, Maryborough, Ballina, Clarence River, Port Stephens, Jervis Bay, Moruya, Eden, Lakes Entrance, Welshpool, Portland, Gulf Ports, South Australia, Thevenard, Esperance, Albany, Geraldton, Busselton, Bunbury and Darwin (East Arm).
· major port means a major city or town and includes: Brisbane, Newcastle, Sydney, Botany, Port Kembla, Melbourne, Geelong, Westernport, Adelaide, Fremantle, Cairns, Townsville and Gladstone.
· remote means a place that does not have ready access to goods and services of a major city or town and includes: Weipa, Archer Point, Cooktown, Port Alma, Carnarvon, Cape Cuvier, Dampier, Port Headland, Broome, Yampi, Wyndham and Hay Point.
(f) Radar observer’s allowance
[17.2(f)(i) varied by PR718903, PR729344, PR740771, PR762194 ppc 01Jul23]
(i) An allowance of $36.22 per week will be paid to masters and mates who are holders of a valid Radar Observer’s Certificate when working on a vessel equipped with radar.
(ii) This allowance will not be taken into account in calculating the wage rate for shiftwork, overtime, annual leave or redundancy pay.
[17.2(g)(i) varied by PR718903, PR729344, PR740771, PR762194 ppc 01Jul23]
(i) An allowance of $36.22 per week is to be paid to engineers who hold a valid firefighting certificate or provide proof of their attendance at an authorised firefighting course for marine personnel.
(ii) This allowance will not be taken into account in calculating the wage rate for shiftwork, overtime, annual leave or redundancy pay.
(h) Additional allowances—cooks
[17.2(h)(i) varied by PR718903, PR729344, PR740771, PR762194 ppc 01Jul23]
(i) An additional payment of $71.74 per week is to be payable to a chief cook whose duties include the ordering of stores and the issue of linen.
[17.2(h)(ii) varied by PR718903, PR729344, PR740771, PR762194 ppc 01Jul23]
(iii) These rates will not be taken into account in calculating the wage rate for shiftwork, overtime, annual leave or redundancy pay.
(i) Protective clothing
(i) Marine cooks will be reimbursed by the employer for the reasonable cost of providing gloves and freezer suit for working in freezers.
(ii) This provision will not apply where the employer supplies the protective clothing.
(j) Vessels proceeding from port to port
[17.2(j)(i) varied by PR718903, PR729344, PR740771, PR762194 ppc 01Jul23]
(i) Employees on vessels proceeding from one port (or its equivalent) to another port (or its equivalent) are to be paid:
· the rate prescribed in clause 15—Minimum rates;
· the remote areas allowance prescribed in clause 17.2(e)(iii); and
· an allowance of $141.39 per day or part of a day.
(ii) The provisions of sections 68 to 71 of the Navigation Act 2012 (Cth) apply in respect of all employees whether in fact or in law the Act of its own force applies to them.
[17.2(j)(iii) varied by PR719055, PR729528, PR740934, PR762361 ppc 01Jul23]
(iii) Except where it is provided, the employer will reimburse an employee for a personal accident policy for death risk, loss of limbs and corresponding benefits to the value of $192,892. This amount is payable in addition to the amounts payable under the Seafarers Rehabilitation and Compensation Act 1992 (Cth).
(iv) Employees who are not offered employment immediately after the vessel’s arrival at its destination will be repatriated to their home port.
17.3 Expense-related allowances
[17.3(a)(i) varied by PR719055, PR729528, PR740934, PR762361 ppc 01Jul23]
(i) An employee required to work overtime for more than one and a half hours after their ordinary finishing time will be supplied with a meal by the employer or be paid $57.77 per occasion.
[17.3(a)(ii) varied by PR719055, PR729528, PR740934, PR762361 ppc 01Jul23]
(ii) If, owing to the amount of overtime worked, a second or subsequent meal is required, the employee will be supplied with such meal by the employer or be paid $57.77 for each meal required.
(b) Protective and industrial clothing
(i) Employees will be paid an allowance of $24.50 per week and will provide themselves with adequate industrial clothing including footwear, shirts, singlets, overalls and shorts.
(ii) Where conditions require, employees will also provide necessary protective clothing and equipment including oilskins, sea boots, goggles, gloves and waterproof coat.
(iii) The reasonable cost of protective clothing and equipment in clause 17.3(b)(ii) will be reimbursed by the employer.
(iv) Clause 17.3(b)(iii) does not apply where the employer supplies the protective clothing and equipment.
(v) The protective clothing described in clause 17.3(b)(iv) will at all times remain the property of the employer and will be returned by the employee to the employer at the completion of the employee’s service.
(vi) The allowance prescribed by clause 17.3(b) is not payable during leave periods.
(c) Victualling and accommodation allowances
(i) If required by the employer, an employee must live aboard a vessel and the employer will accommodate and keep the employee without cost to the employee.
(ii) Where the employer provides victualling and accommodation the allowances prescribed in clauses 17.3(d) and 17.3(e) will not be paid.
(i) At the time of engagement of the employee, agreement is to be reached between the employer and the employee as to the employee’s home port.
[17.3(d)(ii) varied by PR719055, PR729528, PR740934, PR762361 ppc 01Jul23]
(ii) An employee will be paid $615.39 per week instead of accommodation if required by the employer to live away from the agreed home port.
[17.3(d)(iii) varied by PR719055, PR729528, PR740934, PR762361 ppc 01Jul23]
(iii) Where it is not practicable for the weekly rate prescribed in clause 17.3(d)(ii) to be paid, the employee will be paid at the rate of $231.23 per night instead of accommodation. This rate will continue to be paid until the employer notifies the employee that thereafter the employee will be paid at the weekly rate of $615.39 per week.
(iv) Where, following a request by any employee, the employer arranges to provide comfortable accommodation at the employer’s expense, and the employee(s) use the accommodation for the duration of the contract, the employee(s) will not be entitled to the accommodation allowance in clauses 17.3(d)(ii) and 17.3(d)(iii).
[17.3(e)(i) varied by PR719055, PR729528, PR740934, PR762361 ppc 01Jul23]
(i) Where victualling is not provided by an employer, an employee is to be paid an amount of $615.39 per week instead of victualling.
[17.3(e)(ii) varied by PR719055, PR729528, PR740934, PR762361 ppc 01Jul23]
(ii) Where it is not practicable for the weekly rate prescribed in clause 17.3(e)(i) to be paid, the employee is to be paid the following amounts per day:
|
|
$ per meal |
|
Breakfast |
29.79 |
|
Lunch |
37.24 |
|
Dinner |
57.77 |
[17.3(e)(iii) varied by PR719055, PR729528, PR740934, PR762361 ppc 01Jul23]
(iii) These rates will continue to be paid until the employer notifies the employee that thereafter the employee will be paid at the weekly rate of $615.39 per week instead of victualling.
(iv) The allowances prescribed by clause 17.3(e) are not payable during leave periods.
(i) When a vessel is so remote from shore that some means of conveyance is necessary to enable an employee to pass between the vessel and shore before starting or after finishing work, the employee will be paid for the time occupied in travelling and waiting. This time includes all time spent travelling between the vessel and shore, and time spent waiting for work to start and spent after finishing time waiting for conveyance back to shore. Payment will be at ordinary rates with a minimum payment for 30 minutes and will not count as part of the daily working time.
(ii) When an employee, who in the ordinary course of their employment begins work for the day at a particular place but, is required to finish work at a place other than that particular place, the employee will be paid any reasonable travelling expense incurred in returning home in excess of their ordinary travelling expenses. The employee will also be paid at ordinary rates of pay for any travelling time beyond their ordinary travelling time.
[17.3(f)(iii) varied by PR729528, PR740934, PR762361 ppc 01Jul23]
(iii) An employee will be paid $15.16 per day for excess fares incurred on any day upon which the employee is directed to work.
(iv) The provisions of clause 17.3(f) will not apply to employees who are required by the employer to live aboard a vessel.
(g) Travelling—other than local
· if the employee terminates their employment, or employment is terminated by the employer for misconduct within 6 weeks from the start of the employment or the period of the work cycle whichever occurs first, the cost of the free passage will be deducted from any payments due to the employee; and
· the employer will not be obligated to provide return passage for the employee in such circumstances.
(ii) The provisions of clause 17.3(g)(i) will likewise apply to an employee who returns to their place of employment following an absence on account of accumulated and/or annual leave.
(iii) The time spent in travelling between the place of engagement and the place at which the dredge is working and the agreed home port of the employee is to be paid for at the ordinary rate for the time so occupied, with a maximum payment of 8 hours in any 24 hours.
[17.3(g)(iv) varied by PR729528, PR740934, PR762361 ppc 01Jul23]
(iv) The employee is entitled to reimbursement of taxi fares reasonably incurred up to a maximum of $148.05, subject to the production of receipts, for travel between the transport terminal at the employee’s home port and their home on each of the forward and return journeys. Where an employee’s residence is in other than their home port, the payment will be limited to the journey between the home port transport terminal and any other public transport terminal necessary for further travel to their place of residence.
18.1 Superannuation contributions for defined benefit members
An employer is permitted to make superannuation contributions to a superannuation fund or scheme in relation to a default fund employee who is a defined benefit member of the fund or scheme.
Part 5—Overtime and Penalty Rates
[Substituted by PR723890 ppc 20Nov20]
19.2 The casual loading prescribed by clause 11.2(a)(ii) will not be paid for overtime hours worked.
[Varied by PR747406]
[Paragraph in 20.1 renumbered as 20.1(a) by PR747406 ppc 14Nov22]
[20.1(b) inserted by PR747406 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 20.1(a).
20.2 Shiftwork loading
Part 6—Leave and Public Holidays
21.1 Annual leave is provided for in the NES.
(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.
(b) An agreement must:
(i) state the amount of leave to be taken in advance and the date on which leave is to commence; and
(ii) be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
NOTE: An example of the type of agreement required by clause 21.2 is set out at Schedule C—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule C—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 21.2 as an employee record.
(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 21.2, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.
21.3 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 21.3.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 21.3.
(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.
(d) An agreement under clause 21.3 must state:
(i) the amount of leave to be cashed out and the payment to be made to the employee for it; and
(ii) the date on which the payment is to be made.
(e) An agreement under clause 21.3 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.
(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.
(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.
(i) The employer must keep a copy of any agreement under clause 21.3 as an employee record.
NOTE 1: Under the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 21.3.
NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 21.3.
NOTE 3: An example of the type of agreement required by clause 21.3 is set out at Schedule D—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule D—Agreement to Cash Out Annual Leave.
21.4 Excessive leave accruals: general provision
NOTE: Clauses 21.4 to 21.6 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.
(c) Clause 21.5 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 21.6 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
21.5 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 21.4(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 21.5(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 21.4, 21.5 or 21.6 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 21.5(a) that is in effect.
(d) An employee to whom a direction has been given under clause 21.5(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 21.5(d) may result in the direction ceasing to have effect. See clause 21.5(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.
21.6 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 21.4(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 21.6(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 21.5(a) that, when any other paid annual leave arrangements (whether made under clause 21.4, 21.5 or 21.6 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 21.6(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 21.4, 21.5 or 21.6 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 21.6(a) more than 4 weeks’ paid annual leave in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under clause 21.6(a).
22. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
23. Parental leave and related entitlements
[23 varied by PR763290 ppc 01Aug23]
Parental leave and related entitlements are provided for in the NES.
NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 29—Dispute resolution and/or under section 76B of the Act.
Community service leave is provided for in the NES.
25. Family and domestic violence leave
[25—Unpaid family and domestic violence leave renamed and substituted by PR750458 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 PR747406]
26.1 Public holiday entitlements are provided for in the NES.
26.2 Payment for work on a public holiday
(b) Where a 12 hour shift or period of duty is commenced on a public holiday the payment of 250% will be discharged by the actual payment of the first 8 hours at ordinary time and the remaining hours at 200% of the ordinary hourly rate plus the accumulation of 0.35 of a week’s leave.
[26.2(c) inserted by PR747406 ppc 14Nov22]
(c) Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 26.2(a).
[26.3 deleted by PR747406 ppc 14Nov22]
Part 7—Consultation and Dispute Resolution
27. Consultation about major workplace change
(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and
(b) discuss with affected employees and their representatives (if any):
(i) the introduction of the changes; and
(ii) their likely effect on employees; and
(iii) measures to avoid or reduce the adverse effects of the changes on employees; and
(c) commence discussions as soon as practicable after a definite decision has been made.
27.2 For the purposes of the discussion under clause 27.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:
(a) their nature; and
(b) their expected effect on employees; and
(c) any other matters likely to affect employees.
27.3 Clause 27.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
27.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 27.1(b).
27.5 In clause 27 significant effects, on employees, includes any of the following:
(a) termination of employment; or
(b) major changes in the composition, operation or size of the employer’s workforce or in the skills required; or
(c) loss of, or reduction in, job or promotion opportunities; or
(d) loss of, or reduction in, job tenure; or
(e) alteration of hours of work; or
(f) the need for employees to be retrained or transferred to other work or locations; or
(g) job restructuring.
27.6 Where this award makes provision for alteration of any of the matters defined at clause 27.5, such alteration is taken not to have significant effect.
28. Consultation about changes to rosters or hours of work
28.1 Clause 28 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.
28.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 28.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
28.4 The employer must consider any views given under clause 28.3(b).
28.5 Clause 28 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.
[Varied by PR763290]
29.1 Clause 29 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
29.3 If the dispute is not resolved through discussion as mentioned in clause 29.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.
29.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 29.2 and 29.3, a party to the dispute may refer it to the Fair Work Commission.
29.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.
29.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.
29.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 29.
29.8 While procedures are being followed under clause 29 in relation to a dispute:
(a) work must continue in accordance with this award and the Act; and
(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
29.9 Clause 29.8 is subject to any applicable work health and safety legislation.
[Note 1 inserted by PR763290 ppc 01Aug23]
NOTE 1: In addition to clause 29, a dispute resolution procedure for disputes regarding the NES entitlement to request flexible working arrangements is contained in section 65B of the Act.
[Note 2 inserted by PR763290 ppc 01Aug23]
NOTE 2: In addition to clause 29, a dispute resolution procedure for disputes regarding the NES entitlement to request an extension to unpaid parental leave is contained in section 76B of the Act.
Part 8—Termination of Employment and Redundancy
NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.
30.1 Notice of termination by an employee
(a) Clause 30.1 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 30.1(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 30.1(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 30.1(b), then no deduction can be made under clause 30.1(d).
(f) Any deduction made under clause 30.1(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 30.2 is to be taken at times that are convenient to the employee after consultation with the employer.
30.3 Return to place of engagement
If the employment of any employee is terminated by the employer elsewhere than at the place of engagement, for any reason other than misconduct, the employer will be responsible for conveying the employee to the place of engagement.
31.1 The redundancy arrangements in this award are an industry-specific redundancy scheme and, as such, Subdivision B of Division 11 of the NES does not apply.
31.2 Clause 31 applies to employees other than casual employees who remain in employment until the completion of a dredging contract unless transferred by the employer.
31.3 At the completion of each contract an employee becomes entitled to a period of redundancy pay. Such payment is to be calculated on the employee’s service during the period of dredging work on a contract.
31.4 Payment is to be made only on the termination of employment.
31.5 The payment is to be at the rate of 3 weeks’ pay for each year of continuous service or pro rata calculated on completed months of service. Such payment is to be paid at the relevant rate prescribed in clause 15—Minimum rates.
31.6
Schedule A—Summary of Hourly Rates of Pay
[Varied by PR718903, PR729344, PR740771, PR762194]
A.1.1 Ordinary hourly rate is the minimum hourly rate of pay for an employee plus any allowance payable for all purposes to which the employee is entitled. Where an allowance is payable for all purposes in accordance with clause 17.2(a), this forms part of the employee’s ordinary hourly rate and must be added to the minimum hourly rate prior to calculating penalties and overtime.
A.1.2 The rates in the tables below are based on the minimum hourly rates in accordance with clause 15—Minimum rates. Consistent with clause A.1.1, all-purpose allowances need to be added to the rates in the table where they are applicable.
A.2 Full-time and part-time employees
A.2.1 Full-time and part-time employees engaged on a non-propelled dredge—ordinary and penalty rates
[A.2.1 varied by PR718903, PR729344, PR740771, PR762194 ppc 01Jul23]
|
|
Ordinary hours |
Night shift1 |
Afternoon or night shift2 |
Public holidays |
|
% ordinary hourly rate3 |
||||
|
|
130% |
115% |
250% |
|
|
|
$ |
$ |
$ |
$ |
|
Chief engineer |
29.82 |
38.77 |
34.29 |
74.55 |
|
Chief operator |
29.82 |
38.77 |
34.29 |
74.55 |
|
First engineer |
29.22 |
37.99 |
33.60 |
73.05 |
|
First operator |
29.22 |
37.99 |
33.60 |
73.05 |
|
Drilling technician |
28.42 |
36.95 |
32.68 |
71.05 |
|
Engineer |
27.86 |
36.22 |
32.04 |
69.65 |
|
Mechanical attendant |
27.86 |
36.22 |
32.04 |
69.65 |
|
Crane operator/mechanical |
27.61 |
35.89 |
31.75 |
69.03 |
|
Electrician |
27.53 |
35.79 |
31.66 |
68.83 |
|
Leading driller |
27.33 |
35.53 |
31.43 |
68.33 |
|
Second engineer |
26.73 |
34.75 |
30.74 |
66.83 |
|
Second operator |
26.73 |
34.75 |
30.74 |
66.83 |
|
Leading hand (reclamation) |
26.73 |
34.75 |
30.74 |
66.83 |
|
Driller |
26.01 |
33.81 |
29.91 |
65.03 |
|
Third engineer |
25.54 |
33.20 |
29.37 |
63.85 |
|
Dredgehand |
25.13 |
32.67 |
28.90 |
62.83 |
|
Greaser |
25.13 |
32.67 |
28.90 |
62.83 |
|
Assistant driller |
25.13 |
32.67 |
28.90 |
62.83 |
|
Crew attendant |
25.13 |
32.67 |
28.90 |
62.83 |
1 Night shift is a shift that commences at or after 6.00 pm Monday to Friday inclusive.
2 Afternoon or night shift rate applies if a 3 shift per day system is worked.
3 Rates in table are calculated based on the minimum hourly rate, see clauses A.1.1 and A.1.2.
A.2.2 Full-time and part-time employees engaged on a non-propelled dredge—overtime rates
[A.2.2 varied by PR718903, PR729344, PR740771, PR762194 ppc 01Jul23]
|
|
Monday to Sunday |
Public holidays |
|
|
% ordinary hourly rate1 |
|
|
|
200% |
250% |
|
|
$ |
$ |
|
Chief engineer |
59.64 |
74.55 |
|
Chief operator |
59.64 |
74.55 |
|
First engineer |
58.44 |
73.05 |
|
First operator |
58.44 |
73.05 |
|
Drilling technician |
56.84 |
71.05 |
|
Engineer |
55.72 |
69.65 |
|
Mechanical attendant |
55.72 |
69.65 |
|
Crane operator/mechanical |
55.22 |
69.03 |
|
Electrician |
55.06 |
68.83 |
|
Leading driller |
54.66 |
68.33 |
|
Second engineer |
53.46 |
66.83 |
|
Second operator |
53.46 |
66.83 |
|
Leading hand (reclamation) |
53.46 |
66.83 |
|
Driller |
52.02 |
65.03 |
|
Third engineer |
51.08 |
63.85 |
|
Dredgehand |
50.26 |
62.83 |
|
Greaser |
50.26 |
62.83 |
|
Assistant driller |
50.26 |
62.83 |
|
Crew attendant |
50.26 |
62.83 |
1 Rates in table are calculated based on the minimum hourly rate, see clauses A.1.1 and A.1.2.
A.2.3 Full-time and part-time employees engaged on a dredge other than a non-propelled dredge that is not fully operational—ordinary and penalty rates
[A.2.3 varied by PR718903, PR729344, PR740771, PR762194 ppc 01Jul23]
|
|
Ordinary hours |
Night shift1 |
Afternoon or night shift2 |
Public holidays |
|
|
% ordinary hourly rate3 |
|||
|
|
|
130% |
115% |
250% |
|
|
$ |
$ |
$ |
$ |
|
Trailer master |
31.70 |
41.21 |
36.46 |
79.25 |
|
Chief engineer |
31.70 |
41.21 |
36.46 |
79.25 |
|
Trailer shift master |
30.82 |
40.07 |
35.44 |
77.05 |
|
Tug master W.H. Reliance or equivalent |
30.82 |
40.07 |
35.44 |
77.05 |
|
First engineer |
30.82 |
40.07 |
35.44 |
77.05 |
|
Electrical engineer Humber River or equivalent |
30.82 |
40.07 |
35.44 |
77.05 |
|
Trailer mate |
28.33 |
36.83 |
32.58 |
70.83 |
|
Tug master, tug engineer |
28.33 |
36.83 |
32.58 |
70.83 |
|
Second engineer, electrical engineer |
28.33 |
36.83 |
32.58 |
70.83 |
|
Pump operator, welder, deckhand/welder, dredgehand/welder |
28.33 |
36.83 |
32.58 |
70.83 |
|
Bosun/driller |
28.33 |
36.83 |
32.58 |
70.83 |
|
Launch driver |
27.46 |
35.70 |
31.58 |
68.65 |
|
Assistant pump operator |
26.91 |
34.98 |
30.95 |
67.28 |
|
Driller, deckhand/driller |
26.91 |
34.98 |
30.95 |
67.28 |
|
Bosun |
26.91 |
34.98 |
30.95 |
67.28 |
|
Chief cook |
26.91 |
34.98 |
30.95 |
67.28 |
|
Deckhand, assistant driller |
26.26 |
34.14 |
30.20 |
65.65 |
|
Able seaman, deckhand, dredgehand, greaser, firefighter, motorman |
26.26 |
34.14 |
30.20 |
65.65 |
|
Crew attendant |
26.26 |
34.14 |
30.20 |
65.65 |
|
Second cook |
26.26 |
34.14 |
30.20 |
65.65 |
1 Night shift is a shift that commences at or after 6.00 pm Monday to Friday inclusive.
2 Afternoon or night shift rate applies if a 3 shift per day system is worked.
3 Rates in table are calculated based on the minimum hourly rate, see clauses A.1.1 and A.1.2.
A.2.4 Full-time and part-time employees engaged on a dredge other than a non-propelled dredge that is not fully operational—overtime rates
[A.2.4 varied by PR718903, PR729344, PR740771, PR762194 ppc 01Jul23]
|
|
Monday to Sunday |
Public holidays |
|
% ordinary hourly rate1 |
||
|
200% |
250% |
|
|
|
$ |
$ |
|
Trailer master |
63.40 |
79.25 |
|
Chief engineer |
63.40 |
79.25 |
|
Trailer shift master |
61.64 |
77.05 |
|
Tug master W.H. Reliance or equivalent |
61.64 |
77.05 |
|
First engineer |
61.64 |
77.05 |
|
Electrical engineer Humber River or equivalent |
61.64 |
77.05 |
|
Trailer mate |
56.66 |
70.83 |
|
Tug master, tug engineer |
56.66 |
70.83 |
|
Second engineer, electrical engineer |
56.66 |
70.83 |
|
Pump operator, welder, deckhand/welder, dredgehand/welder |
56.66 |
70.83 |
|
Bosun/driller |
56.66 |
70.83 |
|
Launch driver |
54.92 |
68.65 |
|
Assistant pump operator |
53.82 |
67.28 |
|
Driller, deckhand/driller |
53.82 |
67.28 |
|
Bosun |
53.82 |
67.28 |
|
Chief cook |
53.82 |
67.28 |
|
Deckhand, assistant driller |
52.52 |
65.65 |
|
Able seaman, deckhand, dredgehand, greaser, firefighter, motorman |
52.52 |
65.65 |
|
Crew attendant |
52.52 |
65.65 |
|
Second cook |
52.52 |
65.65 |
1 Rates in table are calculated based on the minimum hourly rate, see clauses A.1.1 and A.1.2.
A.3 Casual employees
A.3.1 Casual employees on a non-propelled dredge—ordinary rates
[A.3.1 varied by PR718903, PR729344, PR740771, PR762194 ppc 01Jul23]
|
|
Ordinary hours |
|
125% ordinary hourly rate |
|
|
|
$ |
|
Chief engineer |
37.28 |
|
Chief operator |
37.28 |
|
First engineer |
36.53 |
|
First operator |
36.53 |
|
Drilling technician |
35.53 |
|
Engineer |
34.83 |
|
Mechanical attendant |
34.83 |
|
Crane operator/mechanical |
34.51 |
|
Electrician |
34.41 |
|
Leading driller |
34.16 |
|
Second engineer |
33.41 |
|
Second operator |
33.41 |
|
Leading hand (reclamation) |
33.41 |
|
Driller |
32.51 |
|
Third engineer |
31.93 |
|
Dredgehand |
31.41 |
|
Greaser |
31.41 |
|
Assistant driller |
31.41 |
|
Crew attendant |
31.41 |
A.3.2 Casual employees engaged on a dredge other than a non-propelled dredge that is not fully operational—ordinary rates
[A.3.2 varied by PR718903, PR729344, PR740771, PR762194 ppc 01Jul23]
|
|
Ordinary hours |
|
125% ordinary hourly rate |
|
|
|
$ |
|
Trailer master |
39.63 |
|
Chief engineer |
39.63 |
|
Trailer shift master |
38.53 |
|
Tug master W.H. Reliance or equivalent |
38.53 |
|
First engineer |
38.53 |
|
Electrical engineer Humber River or equivalent |
38.53 |
|
Trailer mate |
35.41 |
|
Tug master, tug engineer |
35.41 |
|
Second engineer, electrical engineer |
35.41 |
|
Pump operator, welder, deckhand/welder, dredgehand/welder |
35.41 |
|
Bosun/driller |
35.41 |
|
Launch driver |
34.33 |
|
Assistant pump operator |
33.64 |
|
Driller, deckhand/driller |
33.64 |
|
Bosun |
33.64 |
|
Chief cook |
33.64 |
|
Deckhand, assistant driller |
32.83 |
|
Able seaman, deckhand, dredgehand, greaser, firefighter, motorman |
32.83 |
|
Crew attendant |
32.83 |
|
Second cook |
32.83 |
A.3.3 Casual dayworkers engaged on a dredge other than a non-propelled dredge that is fully operational—ordinary hours
[A.3.3 varied by PR718903, PR729344, PR740771, PR762194 ppc 01Jul23]
|
|
Ordinary hours |
|
125% aggregated hourly rate |
|
|
|
$ |
|
Trailer master |
40.16 |
|
Chief engineer |
40.16 |
|
Trailer shift master |
39.08 |
|
Tug master W.H. Reliance or equivalent |
39.08 |
|
First engineer |
39.08 |
|
Electrical engineer Humber River or equivalent |
39.08 |
|
Trailer mate |
36.00 |
|
Tug master, tug engineer |
36.00 |
|
Second engineer, electrical engineer |
36.00 |
|
Pump operator, welder, deckhand/welder, dredgehand/welder |
36.00 |
|
Bosun/driller |
36.00 |
|
Launch driver |
34.91 |
|
Assistant pump operator |
34.24 |
|
Driller, deckhand/driller |
34.24 |
|
Bosun |
34.24 |
|
Chief cook |
34.24 |
|
Deckhand, assistant driller |
33.44 |
|
Able seaman, deckhand, dredgehand, greaser, firefighter, motorman |
33.44 |
|
Crew attendant |
33.44 |
|
Second cook |
33.44 |
A.3.4 Casual shiftworkers engaged on a dredge other than a non-propelled dredge that is fully operational—ordinary hours
[A.3.4 varied by PR718903, PR729344, PR740771, PR762194 ppc 01Jul23]
|
|
Ordinary hours |
|
125% aggregated hourly rate |
|
|
|
$ |
|
Trailer master |
42.71 |
|
Chief engineer |
42.71 |
|
Trailer shift master |
41.56 |
|
Tug master W.H. Reliance or equivalent |
41.56 |
|
First engineer |
41.56 |
|
Electrical engineer Humber River or equivalent |
41.56 |
|
Trailer mate |
38.29 |
|
Tug master, tug engineer |
38.29 |
|
Second engineer, electrical engineer |
38.29 |
|
Pump operator, welder, deckhand/welder, dredgehand/welder |
38.29 |
|
Bosun/driller |
38.29 |
|
Launch driver |
37.14 |
|
Assistant pump operator |
36.43 |
|
Driller, deckhand/driller |
36.43 |
|
Bosun |
36.43 |
|
Chief cook |
36.43 |
|
Deckhand, assistant driller |
35.56 |
|
Able seaman, deckhand, dredgehand, greaser, firefighter, motorman |
35.56 |
|
Crew attendant |
35.56 |
|
Second cook |
35.56 |
Schedule B—Summary of Monetary Allowances
[Varied by PR718903, PR719055, PR729344, PR729528, PR740771, PR740934, PR750837, PR762194, PR762361]
See clause 17—Allowances for full details of allowances payable under this award.
B.1 Wage-related allowances
[B.1.1 varied by PR718903, PR729344, PR740771, PR762194 ppc 01Jul23]
B.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum weekly rate for the classification of Able Seaman in clause 15.2= $997.80.
|
Allowance |
Clause |
% of standard rate |
$ |
Payable |
|
Dual certificate allowance—vessel—not fully operational1 |
17.2(b)(i) |
3.63 |
36.22 |
per week |
|
Dual certificate allowance—fully operational vessel1 |
17.2(b)(ii) |
7.72 |
77.03 |
per week |
|
Confined areas allowance1 |
17.2(c) |
0.16 |
1.60 |
per hour |
|
Hard-lying allowance1 |
17.2(d) |
3.08 |
30.73 |
per week |
|
Shipkeeping allowance—when vessel is not fully operational—Remote areas |
17.2(e)(ii) |
29.36 |
292.95 |
per week |
|
Shipkeeping allowance—when vessel is not fully operational—Less remote areas |
17.2(e)(ii) |
19.53 |
194.87 |
per week |
|
Shipkeeping allowance—when vessel is not fully operational—Major ports |
17.2(e)(ii) |
12.94 |
129.12 |
per week |
|
Shipkeeping allowance—when vessel is fully operational—Remote areas |
17.2(e)(iii) |
16.42 |
163.84 |
per week |
|
Shipkeeping allowance—when vessel is fully operational—Less remote areas |
17.2(e)(iii) |
6.57 |
65.56 |
per week |
|
Radar observer's allowance |
17.2(f)(i) |
3.63 |
36.22 |
per week |
|
Firefighting certificate allowance |
17.2(g)(i) |
3.63 |
36.22 |
per week |
|
Additional allowance—chief cook who orders stores and issues linen |
17.2(h)(i) |
7.19 |
71.74 |
per week |
|
Additional allowance—second cook performing cleaning duties outside galley and storerooms |
17.2(h)(ii) |
5.13 |
51.19 |
per week |
|
Vessels proceeding from port to port allowance |
17.2(j)(i) |
14.17 |
141.39 |
per day or part thereof |
1 This allowance applies for all purposes.
B.1.2 Automatic adjustment of wage-related allowances
[B.1.2 renamed and substituted by PR750837 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 PR719055, PR729528, PR740934, PR762361 ppc 01Jul23]
B.2.1 The following expense-related allowances will be payable to employees in accordance with clauses 17.2(j)(iii) and 17.3:
|
Allowance |
Clause |
$ |
Payable |
|
Vessels proceeding from port to port—personal accident policy1 |
17.2(j)(iii) |
192,892 |
to the value of |
|
Meal allowance—more than 1.5 hours’ overtime |
17.3(a)(i) |
57.77 |
per occasion |
|
Meal allowance—more than 1.5 hours’ overtime—second/subsequent meal |
17.3(a)(ii) |
57.77 |
per occasion |
|
Protective and industrial clothing allowance |
17.3(b) |
24.50 |
per week |
|
Accommodation allowance—living away from agreed home port—per week OR |
17.3(d)(ii) |
615.39 |
per week |
|
Accommodation allowance—living away from agreed home port—per night |
17.3(d)(iii) |
231.23 |
per night |
|
Victualling allowance OR |
17.3(e)(i) |
615.39 |
per week |
|
Victualling allowance—breakfast |
17.3(e)(ii) |
29.79 |
per day |
|
Victualling allowance—lunch |
17.3(e)(ii) |
37.24 |
per day |
|
Victualling allowance—dinner |
17.3(e)(ii) |
57.77 |
per day |
|
Travelling—local—excess fares |
17.3(f)(iii) |
15.16 |
per day |
|
Travelling—other than local—reimbursement of taxi fares—up to a maximum |
17.3(g)(iv) |
148.05 |
each way per journey |
1 Clause 17.2(j) contains both wage and expense-related allowances. This allowance is an expense-related allowance.
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 |
|
Protective and industrial clothing |
Clothing and footwear group |
|
Meal allowance |
Take away and fast foods sub-group |
|
Victualling and accommodation allowance |
Domestic holiday travel and accommodation sub-group |
|
Personal accident policy |
All groups |
|
Fares |
Urban transport fares sub-group |
Schedule C—Agreement to Take Annual Leave in Advance
Link to PDF copy of Agreement to Take Annual Leave in Advance.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:
The amount of leave to be taken in advance is: ____ hours/days
The leave in advance will commence on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
[If the employee is under 18 years of age - include:] I agree that: if, on termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement, then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued. Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
Schedule D—Agreement to Cash Out Annual Leave
Link to PDF copy of Agreement to Cash Out Annual Leave.
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:
The amount of leave to be cashed out is: ____ hours/days
The payment to be made to the employee for the leave is: $_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)
The payment will be made to the employee on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
|
Include if the employee is under 18 years of age:
Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
[Schedule E—Part-day Public Holidays deleted by PR747406 ppc 14Nov22]
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