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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.

2. Definitions

[Varied by PR733918, PR774807, PR777319]

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; varied by PR777319 from 27Aug24]

casual employee has the meaning given by section 15A of the Act.

NOTE: Section 15A of the Act was amended with effect from 26 August 2024. Under clause 102(3) of Schedule 1 to the Act, an existing employee who was a casual employee of an employer under section 15A as it was immediately before that date is taken to be a casual employee of the employer for the purposes of section 15A after that date.

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.

[Definition of employee organisation inserted by PR774807 from 01Jul24]

employee organisation has the meaning given by section 12 of Act.

employer means national system employer within the meaning of the Act.

[Definition of enterprise inserted by PR774807 from 01Jul24]

enterprise has the meaning given by section 12 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.

[Definition of small business employer inserted by PR774807 from 01Jul24]

small business employer has the meaning given by section 23 of the Act.

standard rate means the minimum weekly rate for the classification of Able seaman in clause 15.2.

[Definition of workplace delegate inserted by PR774807 from 01Jul24]

workplace delegate has the meaning given by section 350C(1) of the Act.

3. The National Employment Standards and this award

3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.

3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.

3.3 The employer must ensure that copies of the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.

4. Coverage

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

(b) signed by the employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

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

(b) by the employer or employee giving 13 weeks’ written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

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. Facilitative provisions

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. Types of employment

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. Part-time employees

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.

11.3 Casual employees must be paid at the termination of each engagement, but may agree to be paid weekly or fortnightly.

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. Classifications

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.

Part 3—Hours of Work

13. Ordinary hours of work and rostering

13.1 Clause 13 supplements the NES.

13.2 Span of hours—vessels fully operational

(a) Day workers

(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.

(ii) The ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer between 6.00 am and 6.00 pm. The spread of hours (6.00 am to 6.00 pm) may be altered by up to one hour at either end of the spread, by agreement between an employer and the majority of employees concerned or, in appropriate circumstances, between the employer and an individual employee.

(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.

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.

13A. Employee right to disconnect

[13A inserted by PR778058 from 26Aug24]

13A.1 Clause 13A provides for the exercise of an employee’s right to disconnect under section 333M of the Act.

NOTE:

(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:

(1) their employer outside of the employee’s working hours,

(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.

(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee’s refusal is unreasonable.

(c) Section 333M(5) provides that an employee’s refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.

(d) Section 333N provides for the resolution of disputes about whether an employee’s refusal is unreasonable and about the operation of section 333M.

(e) The general protections in Part 3–1 of the Act prohibit an employer taking adverse action against an employee because of the employee’s right to disconnect under section 333M of the Act.

13A.2 Clause 13A applies from the following dates:

(a) 26 August 2024—for employers that are not small business employers on this date and their employees.

(b) 26 August 2025—for employers that are small business employers on 26 August 2024 and their employees.

13A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.

13A.4 Clause 13A.3 does not prevent an employer from contacting, or attempting to contact, an employee outside of the employee’s working hours in circumstances including to notify them of a recall to work under clause 14.5.

14. Breaks

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.

(b) If the master/engineer or their representative decides, in an emergency, that the meal break cannot be taken, a meal time of 30 minutes will be allowed later and will be counted as time worked, and payment for a 45 minute meal break will be made at overtime rates.

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.

Part 4—Wages and Allowances

15. Minimum rates

[Varied by PR718903, PR729344, PR740771, PR762194, PR773972]

15.1 Employees on a non-propelled dredge

[15.1 varied by PR718903, PR729344, PR740771, PR762194, PR773972 ppc 01Jul24]

An employer must pay an employee engaged on a non-propelled dredge the following minimum rate:

Classification	Minimum weekly rate (full-time employee)	Minimum hourly rate
	$	$
Chief engineer	1175.60	30.94
Chief operator	1175.60	30.94
First engineer	1152.00	30.32
First operator	1152.00	30.32
Drilling technician	1120.60	29.49
Engineer	1098.40	28.91
Mechanical attendant	1098.40	28.91
Crane operator/mechanical	1088.40	28.64
Electrician	1085.20	28.56
Leading driller	1077.70	28.36
Second engineer	1053.70	27.73
Second operator	1053.70	27.73
Leading hand (reclamation)	1053.70	27.73
Driller	1025.50	26.99
Third engineer	1007.00	26.50
Dredgehand	990.80	26.07
Greaser	990.80	26.07
Assistant driller	990.80	26.07
Crew attendant	990.80	26.07

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, PR773972 ppc 01Jul24]

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 (full-time employee)	Minimum hourly rate
	$	$
Trailer master	1249.80	32.89
Chief engineer	1249.80	32.89
Trailer shift master	1215.00	31.97
Tug master W.H. Reliance or equivalent	1215.00	31.97
First engineer	1215.00	31.97
Electrical engineer Humber River or equivalent	1215.00	31.97
Trailer mate	1117.10	29.40
Tug master, tug engineer	1117.10	29.40
Second engineer, electrical engineer	1117.10	29.40
Pump operator, welder, deckhand/welder, dredgehand/welder	1117.10	29.40
Bosun/driller	1117.10	29.40
Launch driver	1082.50	28.49
Assistant pump operator	1061.10	27.92
Driller, deckhand/driller	1061.10	27.92
Bosun	1061.10	27.92
Chief cook	1061.10	27.92
Deckhand, assistant driller	1035.20	27.24
Able seaman, deckhand, dredgehand, greaser, firefighter, motorman	1035.20	27.24
Crew attendant	1035.20	27.24
Second cook	1035.20	27.24

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, PR773972 ppc 01Jul24]

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
Classification	Weekly aggregated rate (full-time employee)	Hourly aggregated rate	Weekly aggregated rate (full-time employee)	Hourly aggregated rate
	$	$	$	$
Trailer master	2800.10	33.33	2765.60	35.46
Chief engineer	2800.10	33.33	2765.60	35.46
Trailer shift master	2724.00	32.43	2690.50	34.49
Tug master W.H. Reliance or equivalent	2724.00	32.43	2690.50	34.49
First engineer	2724.00	32.43	2690.50	34.49
Electrical engineer Humber River or equivalent	2724.00	32.43	2690.50	34.49
Trailer mate	2509.90	29.88	2479.10	31.78
Tug master, tug engineer	2509.90	29.88	2479.10	31.78
Second engineer, electrical engineer	2509.90	29.88	2479.10	31.78
Pump operator, welder, deckhand/welder, dredgehand/welder	2509.90	29.88	2479.10	31.78
Bosun/driller	2509.90	29.88	2479.10	31.78
Launch driver	2434.20	28.98	2404.40	30.83
Assistant pump operator	2387.40	28.42	2358.20	30.23
Driller, deckhand/driller	2387.40	28.42	2358.20	30.23
Bosun	2387.40	28.42	2358.20	30.23
Chief cook	2387.40	28.42	2358.20	30.23
Deckhand, assistant driller	2330.80	27.75	2302.20	29.52
Able seaman, deckhand, dredgehand, greaser, firefighter, motorman	2330.80	27.75	2302.20	29.52
Crew attendant	2330.80	27.75	2302.20	29.52
Second cook	2330.80	27.75	2302.20	29.52

NOTE: See Schedule A—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.

15.4 Higher duties

(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.

15.5 National training wage

(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, PR773972 ppc 01Jul24]

(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2024. 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.

16. Payment of wages

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

(a) The employer must pay an employee no later than 7 days after the day on which the employee’s employment terminates:

(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.

17. Allowances

[Varied by PR718903, PR719055, PR729344, PR729528, PR740771, PR740934, PR762194, PR762361, PR773972, PR774143]

17.1 Employers must pay to an employee the allowances the employee is entitled to under clause 17.

NOTE: See Schedule B—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.

17.2 Wage-related allowances

(a) All-purpose allowances

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, PR773972 ppc 01Jul24]

(i) A payment of $37.58 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, PR773972 ppc 01Jul24]

(ii) A payment of $79.92 per week will be made to an employee working on a fully operational vessel who acts in a dual capacity of master and engineer. The rate is payable for all purposes of this award.

[17.2(c) varied by PR718903, PR729344, PR740771, PR762194, PR773972 ppc 01Jul24]

An employee will be paid $1.66 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.

(d) Hard‑lying allowance

[17.2(d) varied by PR718903, PR729344, PR740771, PR762194, PR773972 ppc 01Jul24

A hard‑lying allowance of $31.88 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.

(e) Shipkeeping

(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, PR773972 ppc 01Jul24]

(ii) When the vessel is not fully operational the employee is to be paid a special allowance per week of:

	$ per week
Remote areas	303.93
Less remote areas	202.17
Major ports	133.95

[17.2(e)(iii) varied by PR718903, PR729344, PR740771, PR762194, PR773972 ppc 01Jul24]

(iii) When the vessel is fully operational the employee is to be paid a special allowance per week of:

	$ per week
Remote areas	169.98
Less remote areas	68.01

(iv) The allowances in clauses 17.2(e)(ii) and 17.2(e)(iii) 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 17.2(e)(iii) 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, PR773972 ppc 01Jul24

(i) An allowance of $37.58 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.

(g) Firefighting allowance

[17.2(g)(i) varied by PR718903, PR729344, PR740771, PR762194, PR773972 ppc 01Jul24]

(i) An allowance of $37.58 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, PR773972 ppc 01Jul24]

(i) An additional payment of $74.43 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, PR773972 ppc 01Jul24]

(ii) If a second cook is required to perform cleaning duties outside of the galley and storerooms, that employee will be paid an allowance of $53.11 per week in addition to the rates fixed for ordinary work.

(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, PR773972 ppc 01Jul24]

(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 $146.69 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, PR774143 ppc 01Jul24]

(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 $199,875. 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.

(v) Articles of Agreement as required by the Navigation Act 2012 (Cth) will be opened for the voyage.

17.3 Expense-related allowances

(a) Meals—overtime

[17.3(a)(i) varied by PR719055, PR729528, PR740934, PR762361, PR774143 ppc 01Jul24]

(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 $61.57 per occasion.

[17.3(a)(ii) varied by PR719055, PR729528, PR740934, PR762361, PR774143 ppc 01Jul24]

(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 $61.57 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.

(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.

(d) Accommodation allowance

(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).

(e) Victualling allowance

[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, PR774143 ppc 01Jul24]

(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	31.75
Lunch	39.69
Dinner	61.57

[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.

(f) Travelling—local

(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, PR774143 ppc 01Jul24]

(iii) An employee will be paid $15.88 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

(i) An employee proceeding from the place of engagement to and from a port at which the dredge is working must be provided by the employer with a free passage, provided that:

· 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, PR774143 ppc 01Jul24]

(iv) The employee is entitled to reimbursement of taxi fares reasonably incurred up to a maximum of $155.09, 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. Superannuation

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

19. Overtime

[Substituted by PR723890 ppc 20Nov20]

19.1 Employees will be entitled to be paid 200% of the ordinary hourly rate of pay for any time worked outside of ordinary hours on a Monday to Sunday, except for public holidays.

19.2 The casual loading prescribed by clause 11.2(a)(ii) will not be paid for overtime hours worked.

20. Penalty rates

[Varied by PR747406]

20.1 Public holidays

[Paragraph in 20.1 renumbered as 20.1(a) by PR747406 ppc 14Nov22]

(a) An employee will be paid 250% of the ordinary hourly rate of pay for any hours, ordinary and overtime, worked on a public holiday with a minimum payment for 4 hours’ work.

[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

(a) A shiftwork loading of 30% of the ordinary hourly rate is payable to an employee working shiftwork and which shift commences at or after 6.00 pm on any Monday to Friday inclusive.

(b) If a 3 shift per day system is worked, an additional shiftwork loading of 15% of the ordinary hourly rate is payable in respect of the afternoon and night shifts.

Part 6—Leave and Public Holidays

21. Annual leave

21.1 Annual leave is provided for in the NES.

21.2 Annual leave in advance

(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.

(b) If an employee has an excessive leave accrual, the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.

(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.

24. Community service leave

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.

26. Public holidays

[Varied by PR747406]

26.1 Public holiday entitlements are provided for in the NES.

26.2 Payment for work on a public holiday

(a) An employee will be paid at the rate of 250% of their ordinary hourly rate, with a minimum payment of 4 hours when required to 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—Workplace Delegates, Consultation and Dispute Resolution

[Part 7—Consultation and Dispute Resolution renamed by PR774807 from 01Jul24]

26A. Workplace delegates’ rights

[26A inserted by PR774807 from 01Jul24]

26A.1 Clause 26A provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.

NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the employer has complied with clause 26A.

26A.2 In clause 26A:

(a) employer means the employer of the workplace delegate;

(b) delegate’s organisation means the employee organisation in accordance with the rules of which the workplace delegate was appointed or elected; and

(c) eligible employees means members and persons eligible to be members of the delegate’s organisation who are employed by the employer in the enterprise.

26A.3 Before exercising entitlements under clause 26A, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.

26A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.

26A.5 Right of representation

A workplace delegate may represent the industrial interests of eligible employees who wish to be represented by the workplace delegate in matters including:

(a) consultation about major workplace change;

(b) consultation about changes to rosters or hours of work;

(c) resolution of disputes;

(d) disciplinary processes;

(e) enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate’s organisation with enterprise bargaining; and

(f) any process or procedure within an award, enterprise agreement or policy of the employer under which eligible employees are entitled to be represented and which concerns their industrial interests.

26A.6 Entitlement to reasonable communication

(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 26A.5. This includes discussing membership of the delegate’s organisation and representation with eligible employees.

(b) A workplace delegate may communicate with eligible employees during working hours or work breaks, or before or after work.

26A.7 Entitlement to reasonable access to the workplace and workplace facilities

(a) The employer must provide a workplace delegate with access to or use of the following workplace facilities:

(i) a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and eligible employees;

(ii) a physical or electronic noticeboard;

(iii) electronic means of communication ordinarily used in the workplace by the employer to communicate with eligible employees and by eligible employees to communicate with each other, including access to Wi-Fi;

(iv) a lockable filing cabinet or other secure document storage area; and

(v) office facilities and equipment including printers, scanners and photocopiers.

(b) The employer is not required to provide access to or use of a workplace facility under clause 26A.7(a) if:

(i) the workplace does not have the facility;

(ii) due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or

(iii) the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.

26A.8 Entitlement to reasonable access to training

Unless the employer is a small business employer, the employer must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of eligible employees, subject to the following conditions:

(a) In each year commencing 1 July, the employer is not required to provide access to paid time for training to more than one workplace delegate per 50 eligible employees.

(b) The number of eligible employees will be determined on the day a delegate requests paid time to attend training, as the number of eligible employees who are:

(i) full-time or part-time employees; or

(ii) regular casual employees.

(c) Payment for a day of paid time during normal working hours is payment of the amount the workplace delegate would have been paid for the hours the workplace delegate would have been rostered or required to work on that day if the delegate had not been absent from work to attend the training.

(d) The workplace delegate must give the employer not less than 5 weeks’ notice (unless the employer and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider.

(e) If requested by the employer, the workplace delegate must provide the employer with an outline of the training content.

(f) The employer must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the workplace delegate’s access to paid time during normal working hours to attend the training has been approved. Such approval must not be unreasonably withheld.

(g) The workplace delegate must, within 7 days after the day on which the training ends, provide the employer with evidence that would satisfy a reasonable person of their attendance at the training.

26A.9 Exercise of entitlements under clause 26A

(a) A workplace delegate’s entitlements under clause 26A are subject to the conditions that the workplace delegate must, when exercising those entitlements:

(i) comply with their duties and obligations as an employee;

(ii) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;

(iii) not hinder, obstruct or prevent the normal performance of work; and

(iv) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.

(b) Clause 26A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.

(c) Clause 26A does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.

NOTE: Under section 350A of the Act, the employer must not:

(a) unreasonably fail or refuse to deal with a workplace delegate; or

(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or

(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 26A.

27. Consultation about major workplace change

27.1 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.

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.

28.2 The employer must consult with any employees affected by the proposed change and their representatives (if any).

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

(b) invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.

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.

29. Dispute resolution

[Varied by PR763290, PR778058]

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.

29.2 The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the employee or employees concerned and the relevant supervisor.

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 and Note 2 inserted by PR763290; deleted by PR778058 from 26Aug24]

[Note inserted by PR778058 from 26Aug24]

NOTE: In addition to clause 29, the Act contains dispute resolution procedures as follows:

For a dispute about rights under the Act to	Section
Request flexible working arrangements	65B
Request an extension to unpaid parental leave	76B
Exercise an employee’s right to disconnect	333N

Part 8—Termination of Employment and Redundancy

30. Termination of employment

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.

Table 1—Period of notice

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.

30.2 Job search entitlement

(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. Redundancy

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, PR773972]

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, PR773972 ppc 01Jul24]

	Ordinary hours	Night shift¹	Afternoon or night shift²	Public holidays
	% ordinary hourly rate³
		130%	115%	250%
	$	$	$	$
Chief engineer	30.94	40.22	35.58	77.35
Chief operator	30.94	40.22	35.58	77.35
First engineer	30.32	39.42	34.87	75.80
First operator	30.32	39.42	34.87	75.80
Drilling technician	29.49	38.34	33.91	73.73
Engineer	28.91	37.58	33.25	72.28
Mechanical attendant	28.91	37.58	33.25	72.28
Crane operator/mechanical	28.64	37.23	32.94	71.60
Electrician	28.56	37.13	32.84	71.40
Leading driller	28.36	36.87	32.61	70.90
Second engineer	27.73	36.05	31.89	69.33
Second operator	27.73	36.05	31.89	69.33
Leading hand (reclamation)	27.73	36.05	31.89	69.33
Driller	26.99	35.09	31.04	67.48
Third engineer	26.50	34.45	30.48	66.25
Dredgehand	26.07	33.89	29.98	65.18
Greaser	26.07	33.89	29.98	65.18
Assistant driller	26.07	33.89	29.98	65.18
Crew attendant	26.07	33.89	29.98	65.18

¹Night shift is a shift that commences at or after 6.00 pm Monday to Friday inclusive.

²Afternoon or night shift rate applies if a 3 shift per day system is worked.

³Rates 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, PR773972 ppc 01Jul24]

	Monday to Sunday	Public holidays
	% ordinary hourly rate¹
	200%	250%
	$	$
Chief engineer	61.88	77.35
Chief operator	61.88	77.35
First engineer	60.64	75.80
First operator	60.64	75.80
Drilling technician	58.98	73.73
Engineer	57.82	72.28
Mechanical attendant	57.82	72.28
Crane operator/mechanical	57.28	71.60
Electrician	57.12	71.40
Leading driller	56.72	70.90
Second engineer	55.46	69.33
Second operator	55.46	69.33
Leading hand (reclamation)	55.46	69.33
Driller	53.98	67.48
Third engineer	53.00	66.25
Dredgehand	52.14	65.18
Greaser	52.14	65.18
Assistant driller	52.14	65.18
Crew attendant	52.14	65.18

¹Rates 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, PR773972 ppc 01Jul24]

	Ordinary hours	Night shift¹	Afternoon or night shift²	Public holidays
	% ordinary hourly rate³
		130%	115%	250%
	$	$	$	$
Trailer master	32.89	42.76	37.82	82.23
Chief engineer	32.89	42.76	37.82	82.23
Trailer shift master	31.97	41.56	36.77	79.93
Tug master W.H. Reliance or equivalent	31.97	41.56	36.77	79.93
First engineer	31.97	41.56	36.77	79.93
Electrical engineer Humber River or equivalent	31.97	41.56	36.77	79.93
Trailer mate	29.40	38.22	33.81	73.50
Tug master, tug engineer	29.40	38.22	33.81	73.50
Second engineer, electrical engineer	29.40	38.22	33.81	73.50
Pump operator, welder, deckhand/welder, dredgehand/welder	29.40	38.22	33.81	73.50
Bosun/driller	29.40	38.22	33.81	73.50
Launch driver	28.49	37.04	32.76	71.23
Assistant pump operator	27.92	36.30	32.11	69.80
Driller, deckhand/driller	27.92	36.30	32.11	69.80
Bosun	27.92	36.30	32.11	69.80
Chief cook	27.92	36.30	32.11	69.80
Deckhand, assistant driller	27.24	35.41	31.33	68.10
Able seaman, deckhand, dredgehand, greaser, firefighter, motorman	27.24	35.41	31.33	68.10
Crew attendant	27.24	35.41	31.33	68.10
Second cook	27.24	35.41	31.33	68.10

¹Night shift is a shift that commences at or after 6.00 pm Monday to Friday inclusive.

²Afternoon or night shift rate applies if a 3 shift per day system is worked.

³Rates 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, PR773972 ppc 01Jul24]

	Monday to Sunday	Public holidays
	% ordinary hourly rate¹
	200%	250%
	$	$
Trailer master	65.78	82.23
Chief engineer	65.78	82.23
Trailer shift master	63.94	79.93
Tug master W.H. Reliance or equivalent	63.94	79.93
First engineer	63.94	79.93
Electrical engineer Humber River or equivalent	63.94	79.93
Trailer mate	58.80	73.50
Tug master, tug engineer	58.80	73.50
Second engineer, electrical engineer	58.80	73.50
Pump operator, welder, deckhand/welder, dredgehand/welder	58.80	73.50
Bosun/driller	58.80	73.50
Launch driver	56.98	71.23
Assistant pump operator	55.84	69.80
Driller, deckhand/driller	55.84	69.80
Bosun	55.84	69.80
Chief cook	55.84	69.80
Deckhand, assistant driller	54.48	68.10
Able seaman, deckhand, dredgehand, greaser, firefighter, motorman	54.48	68.10
Crew attendant	54.48	68.10
Second cook	54.48	68.10

¹Rates 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, PR773972 ppc 01Jul24]

	Ordinary hours
	125% ordinary hourly rate
	$
Chief engineer	38.68
Chief operator	38.68
First engineer	37.90
First operator	37.90
Drilling technician	36.86
Engineer	36.14
Mechanical attendant	36.14
Crane operator/mechanical	35.80
Electrician	35.70
Leading driller	35.45
Second engineer	34.66
Second operator	34.66
Leading hand (reclamation)	34.66
Driller	33.74
Third engineer	33.13
Dredgehand	32.59
Greaser	32.59
Assistant driller	32.59
Crew attendant	32.59

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, PR773972 ppc 01Jul24]

	Ordinary hours
	125% ordinary hourly rate
	$
Trailer master	41.11
Chief engineer	41.11
Trailer shift master	39.96
Tug master W.H. Reliance or equivalent	39.96
First engineer	39.96
Electrical engineer Humber River or equivalent	39.96
Trailer mate	36.75
Tug master, tug engineer	36.75
Second engineer, electrical engineer	36.75
Pump operator, welder, deckhand/welder, dredgehand/welder	36.75
Bosun/driller	36.75
Launch driver	35.61
Assistant pump operator	34.90
Driller, deckhand/driller	34.90
Bosun	34.90
Chief cook	34.90
Deckhand, assistant driller	34.05
Able seaman, deckhand, dredgehand, greaser, firefighter, motorman	34.05
Crew attendant	34.05
Second cook	34.05

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, PR773972 ppc 01Jul24]

	Ordinary hours
	125% aggregated hourly rate
	$
Trailer master	41.66
Chief engineer	41.66
Trailer shift master	40.54
Tug master W.H. Reliance or equivalent	40.54
First engineer	40.54
Electrical engineer Humber River or equivalent	40.54
Trailer mate	37.35
Tug master, tug engineer	37.35
Second engineer, electrical engineer	37.35
Pump operator, welder, deckhand/welder, dredgehand/welder	37.35
Bosun/driller	37.35
Launch driver	36.23
Assistant pump operator	35.53
Driller, deckhand/driller	35.53
Bosun	35.53
Chief cook	35.53
Deckhand, assistant driller	34.69
Able seaman, deckhand, dredgehand, greaser, firefighter, motorman	34.69
Crew attendant	34.69
Second cook	34.69

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, PR773972 ppc 01Jul24]

	Ordinary hours
	125% aggregated hourly rate
	$
Trailer master	44.33
Chief engineer	44.33
Trailer shift master	43.11
Tug master W.H. Reliance or equivalent	43.11
First engineer	43.11
Electrical engineer Humber River or equivalent	43.11
Trailer mate	39.73
Tug master, tug engineer	39.73
Second engineer, electrical engineer	39.73
Pump operator, welder, deckhand/welder, dredgehand/welder	39.73
Bosun/driller	39.73
Launch driver	38.54
Assistant pump operator	37.79
Driller, deckhand/driller	37.79
Bosun	37.79
Chief cook	37.79
Deckhand, assistant driller	36.90
Able seaman, deckhand, dredgehand, greaser, firefighter, motorman	36.90
Crew attendant	36.90
Second cook	36.90

Schedule B—Summary of Monetary Allowances

[Varied by PR718903, PR719055, PR729344, PR729528, PR740771, PR740934, PR750837, PR762194, PR762361, PR773972, PR774143]

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, PR773972 ppc 01Jul24]

B.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum weekly rate for the classification of Able Seaman in clause 15.2= $1035.20.

Allowance	Clause	% of standard rate	$	Payable
Dual certificate allowance—vessel—not fully operational¹	17.2(b)(i)	3.63	37.58	per week
Dual certificate allowance—fully operational vessel¹	17.2(b)(ii)	7.72	79.92	per week
Confined areas allowance¹	17.2(c)	0.16	1.66	per hour
Hard-lying allowance¹	17.2(d)	3.08	31.88	per week
Shipkeeping allowance—when vessel is not fully operational—Remote areas	17.2(e)(ii)	29.36	303.93	per week
Shipkeeping allowance—when vessel is not fully operational—Less remote areas	17.2(e)(ii)	19.53	202.17	per week
Shipkeeping allowance—when vessel is not fully operational—Major ports	17.2(e)(ii)	12.94	133.95	per week
Shipkeeping allowance—when vessel is fully operational—Remote areas	17.2(e)(iii)	16.42	169.98	per week
Shipkeeping allowance—when vessel is fully operational—Less remote areas	17.2(e)(iii)	6.57	68.01	per week
Radar observer's allowance	17.2(f)(i)	3.63	37.58	per week
Firefighting certificate allowance	17.2(g)(i)	3.63	37.58	per week
Additional allowance—chief cook who orders stores and issues linen	17.2(h)(i)	7.19	74.43	per week
Additional allowance—second cook performing cleaning duties outside galley and storerooms	17.2(h)(ii)	5.13	53.11	per week
Vessels proceeding from port to port allowance	17.2(j)(i)	14.17	146.69	per day or part thereof

¹This 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, PR774143 ppc 01Jul24]

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)	199,875	to the value of
Meal allowance—more than 1.5 hours’ overtime	17.3(a)(i)	61.57	per occasion
Meal allowance—more than 1.5 hours’ overtime—second/subsequent meal	17.3(a)(ii)	61.57	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)	31.75	per day
Victualling allowance—lunch	17.3(e)(ii)	39.69	per day
Victualling allowance—dinner	17.3(e)(ii)	61.57	per day
Travelling—local—excess fares	17.3(f)(iii)	15.88	per day
Travelling—other than local—reimbursement of taxi fares—up to a maximum	17.3(g)(iv)	155.09	each way per journey

¹Clause 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]

Details

Title: Dredging Industry Award 2020
Code: MA000085

Effective:

Updated:

Instrument Type: Modern Award

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MA000085

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Any data extracts must be read in conjunction with the provisions in the modern award. These copies and extracts are not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.

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MA000085

Dredging Industry Award 2020

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