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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 PR724814, PR774851]

2.1 Clause 2 applies to all employers to which this award applies irrespective of whether the vessel was granted a temporary licence.

2.2 In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth).

AOV means all other vessels.

approved course of study is a Certificate of Competency, including an Endorsement, as prescribed by the Navigation Act 2012 (Cth) or regulations made thereunder, conducted by the Australian Maritime College or an approved technical institution or academy.

cargo includes all freight carried in a ship but does not include bunker fuel and other articles carried for the vessel’s use.

day means from 12 midnight to the following 12 midnight.

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).

[Definition of electrician inserted by PR724814 ppc 01Dec20]

electrician means a person with a trade certificate as Electrical fitter (or equivalent) but who does not hold an Electro-technical officer certificate

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

[Definition of employee organisation inserted by PR774851 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 PR774851 from 01Jul24]

enterprise has the meaning given by section 12 of the Act.

home port means the port at which the employee is originally engaged or the port which is agreed upon between the employer and employee concerned.

NES means the National Employment Standards as contained in sections 59 to 131 of the Act.

on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.

research vessel means fisheries research vessels and vessels used by the CSIRO, universities and similar institutions or governments for oceanographic research and which may carry non-maritime personnel engaged in research related activities including from time to time activities normally performed by maritime personnel.

seafarer means a seaman as defined in section 14 of the Navigation Act 2012 (Cth) or the master of a ship.

seagoing industry has the meaning given in clause 4.2.

[Definition of small business employer inserted by PR774851 from 01Jul24]

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

standard rate means the aggregate annual salary for the Integrated rating classification for dry cargo vessels of up to 19 000 tonnes (AOV) in clause 14.1(a) divided by 52.

swing cycle work means a cycle made up of working and non‑working days.

trappings means articles of equipment or dress, especially of an ornamental character, such as hats, epaulettes and lanyards and other than required uniforms and protective clothing.

temporary licence means a temporary licence granted under the Coastal Trading (Revitalising Australian Shipping) Act 2012 (Cth).

vessel means any kind of vessel used in navigation other than air navigation.

[Definition of workplace delegate inserted by PR774851 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 in respect of their operations in the seagoing industry and their employees in the classification listed in clause 14—Classifications and minimum rates and clause A.1.1—Classifications and minimum rates to the exclusion of any modern award.

4.2 For the purposes of clause 4.1, seagoing industry means the operation of vessels trading as cargo vessels, passenger vessels or operated as research vessels which, in the course of such trade or operation, proceed to sea (on voyages outside the limits of bays, harbours or rivers).

4.3 This award covers any employer which supplies labour on an on-hire basis in the seagoing 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 4.3 operates subject to the exclusions from coverage in this award.

4.4 This award covers employers which provide group training services for trainees engaged in the seagoing 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 herein are being performed. Clause 4.4 operates subject to the exclusions from coverage in this award.

4.5 This award does not cover:

(a) 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;

(b) 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;

(c) an employee excluded from award coverage by the Act;

(d) employers covered by the following awards:

(i) the Coal Export Terminals Award 2020;

(ii) the Dredging Industry Award 2020;

(iii) the Maritime Offshore Oil and Gas Award 2020;

(iv) the Port Authorities Award 2020;

(v) the Stevedoring Industry Award 2020; or

(e) employers in respect of their operations covered by the following awards:

(i) the Marine Towage Award 2020;

(ii) the Ports, Harbours and Enclosed Water Vessels Award 2020; or

(f) maintenance contractors covered by the Manufacturing and Associated Industries and Occupations Award 2020.

4.6 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 PR763329 ppc 01Aug23]

Requests for flexible working arrangements are provided for in the NES.

NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 28—Dispute resolution and/or under section 65B of the Act.

7. 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:
20.2	Annual leave in advance	An individual
20.3	Cashing out of annual leave	An individual
A.4.2(c)	Public holidays substitute days (Vessels Granted a Temporary Licence only)	An individual

8. Effect of Temporary Licences

[Varied by PR750540]

8.1 A temporary licence is a temporary licence granted under the Coastal Trading (Revitalising Australian Shipping) Act 2012 (Cth).

8.2 The provisions contained within Schedule A—Vessels Granted a Temporary Licence, apply exclusively to vessels granted a temporary licence.

8.3 The following parts of this award do not apply to vessels granted a temporary licence:

(a) Part 2—Types of Employment;

(b) Part 3—Hours of Work;

(c) Part 4—Wages and Allowances;

(d) Part 5—Leave and Public Holidays.

[Note added by PR750540 ppc 15Mar23]

NOTE: Clause 8.3 does not operate to exclude any terms of the NES from applying to vessels granted a temporary licence.

Part 2—Types of Employment

9. Types of employment

9.1 Employees under this award will be employed in one of the following categories:

(a) full-time employment; or

(b) relief employment.

9.2 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 a full-time or relief employee.

10. Full-time employees

A full-time employee is engaged to work at least 38 ordinary hours per week, plus reasonable additional hours.

11. Relief employees

11.1 A relief employee is specifically engaged as a relief employee.

11.2 A relief employee receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees.

Part 3—Hours of Work

12. Ordinary hours of work and rostering

12.1 Clause 12 provides industry specific detail and supplements the NES provisions which deal with maximum weekly hours.

12.2 For the purposes of the NES an employee’s weekly hours may be averaged over a period of up to 52 weeks.

12.3 The ordinary hours for operational and maintenance work will be 8 hours per day each day of the week. Employees may be required to work in excess of the ordinary hours to meet the requirements of the vessel.

12.4 In port, cargo duties or gear turns will be worked in shifts of not more than 12 hours’ duration, except where it is impractical due to crew shortages.

12.5 Minimum hours of rest

(a) For the purpose of clause 12.5, seafarer means a seaman as defined in section 14 of the Navigation Act 2012 (Cth) or the master of a ship.

(b) An employer shall comply with the requirements of Marine Order 28 that states that unless AMSA has granted an exemption under section 6 or emergency or drill or other overriding operational conditions as defined in section 13 exist:

(i) The minimum hours of rest for a seafarer must be:

· 10 hours in any 24 hours; and

· 77 hours in any 7 days.

(ii) The minimum hours of rest may be divided into 2 periods, of which one period must be at least 6 hours.

(iii) The interval between consecutive periods of rest must not exceed 14 hours.

An employee required to travel overseas to join a vessel will be provided with adequate rest before commencing duties.

12.6 Swing cycle

(a) Swing cycle work (or work cycle) means a cycle made up of working and non-working days.

(b) Notwithstanding any other provision of this award, employees who go to sea may be engaged to work on a swing cycle.

13. Breaks

13.1 Meal breaks will be one hour and uninterrupted where practical.

13.2 Employees may be required to shorten their meal breaks to meet the operational requirements of the vessel.

13.3 No employee will be required to work for more than 6 hours without being allowed a break for a meal.

13.4 Meal breaks will be provided to employees, other than catering employees, during the following span of hours:

Meal break	Span of meal break
Breakfast	7.00 am – 9.00 am
Lunch	12.00 pm – 2.00 pm
Dinner	5.00 pm – 7.00 pm

13.5 Meal breaks may only be shortened or altered where the Master or another officer deems it necessary to meet the operational requirements of the vessel.

13.6 Catering employees will take their meal breaks within the spread of hours in clause 13.4 where practical.

Part 4—Wages and Allowances

14. Classifications and minimum rates

[Varied by PR718940, PR724814, PR729385, PR740811, PR762231]

14.1 An employee under this award, except as otherwise stated, will be paid at the rate of the aggregate annual salary prescribed in accordance with clause 14 appropriate to that employee’s classification. For the purposes of the following tables, 18 means vessels manned at 18 or below.

(a) Dry cargo vessels of up to 19,000 tonnes (D.C. Cat 1)

[14.1(a) varied by PR718940, PR724814, PR729385, PR740811, PR762231 ppc 01Jul23]

Classification	Manning	Minimum salary (full-time employee)	Aggregate overtime component	Aggregate annual salary
		$	$	$
Master	18	88,509	33,495	122,004
Master	AOV	86,392	32,691	119,083
Chief engineer	18	87,055	32,943	119,998
Chief engineer	AOV	84,982	32,157	117,139
First mate/First engineer	18	75,436	28,547	103,983
First mate/First engineer	AOV	73,704	27,891	101,595
Second mate/Second engineer/Electro-technical officer	18	69,784	26,409	96,193
Second mate/Second engineer/Electro-technical officer	AOV	68,220	25,816	94,036
Third mate/Third engineer/Electrician	18	66,881	25,308	92,189
Third mate/Third engineer/Electrician	AOV	65,401	24,749	90,150
Chief integrated rating/Chief cook/Chief steward	18	63,252	23,935	87,187
Chief integrated rating/Chief cook/Chief steward	AOV	61,875	23,412	85,287
Second cook	AOV	57,790	21,869	79,659
Integrated rating/Assistant steward/Catering attendant	18	57,604	21,798	79,402
Integrated rating/Assistant steward/Catering attendant	AOV	56,381	21,332	77,713*

* Standard rate = aggregate annual salary for an Integrated rating (AOV)/52

(b) Dry cargo vessels of between 19,000 and 39,000 tonnes (D.C. Cat 2)

[14.1(b) varied by PR718940, PR724814, PR729385, PR740811, PR762231 ppc 01Jul23]

Classification	Manning	Minimum salary (full-time employee)	Aggregate overtime component	Aggregate annual salary
		$	$	$
Master	18	91,232	34,523	125,755
Master	AOV	89,036	33,690	122,726
Chief engineer	18	89,723	33,953	123,676
Chief engineer	AOV	87,573	33,138	120,711
First mate/First engineer	18	77,668	29,391	107,059
First mate/First engineer	AOV	75,865	28,712	104,577
Second mate/Second engineer/Electro-technical officer	18	71,641	27,111	98,752
Second mate/Second engineer/Electro-technical officer	AOV	70,181	26,554	96,735
Third mate/Third engineer/Electrician	18	68,788	26,030	94,818
Third mate/Third engineer/Electrician	AOV	67,253	25,450	92,703
Chief integrated rating/Chief cook/Chief steward	18	64,269	24,322	88,591
Chief integrated rating/Chief cook/Chief steward	AOV	62,865	23,791	86,656
Second cook	AOV	58,644	22,193	80,837
Integrated rating/Assistant steward/Catering attendant	18	58,431	22,109	80,540
Integrated rating/Assistant steward/Catering attendant	AOV	57,183	21,639	78,822

[14.1(c) varied by PR718940, PR724814, PR729385, PR740811, PR762231 ppc 01Jul23]

Classification	Manning	Minimum salary (full-time employee)	Aggregate overtime component	Aggregate annual salary
		$	$	$
Master	18	94,431	35,733	130,164
Master	AOV	92,146	34,867	127,013
Chief engineer	18	92,862	35,141	128,003
Chief engineer	AOV	90,621	34,295	124,916
First mate/First engineer	18	80,292	30,382	110,674
First mate/First engineer	AOV	78,418	29,675	108,093
Second mate/Second engineer/Electro-technical officer	18	74,011	28,006	102,017
Second mate/Second engineer/Electro-technical officer	AOV	72,319	27,367	99,686
Third mate/Third engineer/Electrician	18	70,244	26,582	96,826
Third mate/Third engineer/Electrician	AOV	68,667	25,985	94,652
Chief integrated rating/Chief cook/Chief steward	18	64,745	24,501	89,246
Chief integrated rating/Chief cook/Chief steward	AOV	63,326	23,962	87,288
Second cook	AOV	59,715	22,598	82,313
Integrated rating/Assistant steward/Catering attendant	18	58,687	22,207	80,894
Integrated rating/Assistant steward/Catering attendant	AOV	57,427	21,731	79,158

(d) Crude tankers

[14.1(d) varied by PR718940, PR724814, PR729385, PR740811, PR762231 ppc 01Jul23]

Classification	Manning	Minimum salary (full-time employee)	Aggregate overtime component	Aggregate annual salary
		$	$	$
Master	18	107,018	40,496	147,514
Master	AOV	103,511	39,170	142,681
Chief engineer	18	105,199	39,808	145,007
Chief engineer	AOV	101,762	38,507	140,269
First mate/First engineer	18	89,706	33,945	123,651
First mate/First engineer	AOV	86,869	32,872	119,741
Second mate/Second engineer/Electro-technical officer	18	83,325	31,531	114,856
Second mate/Second engineer/Electro-technical officer	AOV	80,733	30,548	111,281
Third mate/Third engineer/Electrician	18	77,858	29,462	107,320
Third mate/Third engineer/Electrician	AOV	75,474	28,560	104,034
Chief integrated rating/Chief cook/Chief steward	18	69,816	26,416	96,232
Chief integrated rating/Chief cook/Chief steward	AOV	67,750	25,638	93,388
Second cook	AOV	63,364	23,977	87,341
Integrated rating/Assistant steward/Catering attendant	18	62,525	23,660	86,185
Integrated rating/Assistant steward/Catering attendant	AOV	60,176	22,772	82,948

(e) Other (product) tankers

[14.1(e) varied by PR718940, PR724814, PR729385, PR740811, PR762231 ppc 01Jul23]

Classification	Manning	Minimum salary (full-time employee)	Aggregate overtime component	Aggregate annual salary
		$	$	$
Master	18	111,191	42,074	153,265
Master	AOV	106,652	40,359	147,011
Chief engineer	18	109,285	41,353	150,638
Chief engineer	AOV	104,835	39,670	144,505
First mate/First engineer	18	92,131	34,862	126,993
First mate/First engineer	AOV	88,501	33,491	121,992
Second mate/Second engineer/Electro-technical officer	18	85,459	32,338	117,797
Second mate/Second engineer/Electro-technical officer	AOV	82,144	31,084	113,228
Third mate/Third engineer/Electrician	18	80,694	30,536	111,230
Third mate/Third engineer/Electrician	AOV	77,607	29,366	106,973
Chief integrated rating/Chief cook/Chief steward	18	72,111	27,288	99,399
Chief integrated rating/Chief cook/Chief steward	AOV	69,602	26,336	95,938
Second cook	AOV	65,063	24,619	89,682
Integrated rating/Assistant steward/Catering attendant	18	65,607	24,827	90,434
Integrated rating/Assistant steward/Catering attendant	AOV	63,246	23,931	87,177

(f) Gas carriers

[14.1(f) varied by PR718940, PR724814, PR729385, PR740811, PR762231 ppc 01Jul23]

Classification	Manning	Minimum salary (full-time employee)	Aggregate overtime component	Aggregate annual salary
		$	$	$
Master	18	108,686	41,125	149,811
Master	AOV	107,358	40,622	147,980
Chief engineer	18	108,216	40,947	149,163
Chief engineer	AOV	105,531	39,934	145,465
First mate/First engineer	18	91,260	34,533	125,793
First mate/First engineer	AOV	89,064	33,702	122,766
Second mate/Second engineer/Electro-technical officer	18	84,666	32,039	116,705
Second mate/Second engineer/Electro-technical officer	AOV	82,662	31,279	113,941
Third mate/Third engineer/Electrician	18	81,364	30,789	112,153
Third mate/Third engineer/Electrician	AOV	79,460	30,069	109,529
Chief integrated rating/Chief cook/Chief steward	18	74,297	28,115	102,412
Chief integrated rating/Chief cook/Chief steward	AOV	72,597	27,471	100,068
Second cook	AOV	69,103	26,149	95,252
Integrated rating/Assistant steward/Catering attendant	18	67,864	25,680	93,544
Integrated rating/Assistant steward/Catering attendant	AOV	66,355	25,113	91,468

(g) Research vessels

[14.1(g) varied by PR718940, PR724814, PR729385, PR740811, PR762231 ppc 01Jul23]

Classification	Minimum salary (full-time employee)	Aggregate overtime component	Aggregate annual salary
	$	$	$
Master	82,120	28,856	110,976
Chief engineer	80,640	28,333	108,973
First mate/First engineer	68,690	24,133	92,823
Second mate/Second engineer/Electrical engineer/Electro-technical officer	62,842	22,080	84,922
Third mate/Third engineer/Electrician	60,268	21,176	81,444
Bosun/Chief steward/Chief cook/Chief integrated rating	57,589	20,123	77,712
Integrated rating/AB/Greaser/Second cook	53,107	18,659	71,766

14.2 The training, qualifications, roles and responsibilities of the classification of employees included in the tables above are incorporated in Australian Marine Orders 70–73, the Navigation Act 2012 (Cth) and other relevant State Flag requirements.

14.3 The annual salaries have been fixed on an aggregate basis taking into account all aspects and conditions of employment. The aggregate salaries are based on work for 10 hours per day (70 hours per week) for 27 weeks per year over 7 days a week with:

(a) 8 hours per day at the minimum hourly rate;

(b) 2 hours per day at 200% of the minimum hourly rate; and

(c) the balance of hours above 38 ordinary hours per week (56 hours less 38 ordinary hours) at 200% of the minimum hourly rate.

14.4 National training wage

(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.

[14.4(b) varied by PR718940, PR729385, PR740811, PR762231 ppc 01Jul23]

(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 Seagoing Industry Award 2020 and not the Miscellaneous Award 2020.

15. Payment of wages

[Varied by PR743469]

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

15.1 The employer will pay the employee’s wages, penalties and allowances at a frequency of not longer than monthly by electronic funds transfer into the employee’s nominated bank or other recognised financial institution account.

15.2 An employer may deduct from any amount required to be paid to an employee under clause 15 the amount of any overpayment of wages or allowances.

15.3 Salaries will be calculated in the following way:

(a) the monthly rate—by dividing the annual rate by 12;

(b) the fortnightly rate—by dividing the annual rate by 26; and

(c) the daily rate for fortnightly paid employees—by dividing the fortnightly rate by 14.

15.4 Withholding of wages

(a) An employee will not be entitled to payment of any wages or salary or any other allowance or payment for any period during which a refusal or failure to work as required continues.

(b) The non-entitlement will be at the hourly rate of each hour or part of an hour that the employee refuses or fails to work.

[15.4(a) renumbered as 15.4(c) by PR743469 ppc 11Jul22]

(c) The hourly rate for the purposes of clause 15.4 will be 1/24th of the appropriate daily rate.

15.5 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 15.5(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.

NOTE 2: Clause 15.5(b) allows the Commission to make an order delaying the requirement to make a payment under clause 15.5. 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.

16. Allowances—wage-related

[Varied by PR718940, PR729385, PR740811, PR762231]

16.1 Employers must pay to an employee the allowances the employee is entitled to under clause 16.

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

16.2 Tanker allowance

[16.2(a) varied by PR718940, PR729385, PR740811, PR762231 ppc 01Jul23]

(a) An employee will receive a tanker allowance of $12.40 for each day of duty on a tanker.

(b) This payment includes a travelling allowance and is instead of any other such allowance.

16.3 Handling/securing cargo allowances

An employee who is required to perform manual work involving handling cargo in port (handling), or work consisting of the securing or lashing of cargo (securing or lashing), will be paid an allowance under clause 16.3.

(a) Handling/securing cargo between 7.00 am and 5.00 pm on Monday to Friday

Unless watches are being kept and work is done outside an employee’s watch on duty:

[16.3(a)(i) varied by PR718940, PR729385, PR740811, PR762231 ppc 01Jul23]

(i) handling cargo—$17.49 per hour; or

[16.3(a)(ii) varied by PR718940, PR729385, PR740811, PR762231 ppc 01Jul23]

(ii) securing or lashing cargo—$6.13 per hour,

(b) At any other time Monday to Friday; or where watches are being kept and work is outside an employees’ watch on duty; or on Saturdays, Sundays or public holidays (except where work is performed in the circumstances outlined in clause 16.3(c)):

[16.3(b)(i) varied by PR718940, PR729385, PR740811, PR762231 ppc 01Jul23]

(i) handling cargo—$22.27 per hour; or

[16.3(b)(ii) varied by PR718940, PR729385, PR740811, PR762231 ppc 01Jul23]

(ii) securing or lashing cargo—$7.17 per hour,

The allowances in clauses 16.3(d) and 16.3(e)(i) are payable:

(i) for work performed after 11.00 pm on any day where the work has already extended for at least 4 hours at 11.00 pm;

(ii) where the work has extended for 4 hours ending at any time between 11.00 pm and 7.00 am or the commencement of ordinary duty on the following day; or

(iii) for work after 11.00 pm where watches are being kept and 4 hours’ work has already been performed off watch after 11.00 pm.

(d) Handling/securing cargo between 11.00 pm and 7.00 am

In the circumstances of clause 16.3(c):

[16.3(d)(i) varied by PR718940, PR729385, PR740811, PR762231 ppc 01Jul23]

(i) handling cargo—$27.95 per hour; or

[16.3(d)(ii) varied by PR718940, PR729385, PR740811, PR762231 ppc 01Jul23]

(ii) securing or lashing cargo—$8.52 per hour.

(e) Handling/securing cargo—mail, passengers’ luggage or motor cars

For work where the cargo is mail, passengers’ luggage or passengers’ motor cars, the following allowances are payable:

[16.3(e)(i) varied by PR718940, PR729385, PR740811, PR762231 ppc 01Jul23]

(i) in circumstances outlined in clause 16.3(c):

	$ per hour
Handling	23.01
Securing or lashing	7.32

[16.3(e)(ii) varied by PR718940, PR729385, PR740811, PR762231 ppc 01Jul23]

(ii) at any other time:

	$ per hour
Handling	17.49
Securing or lashing	6.13

16.4 Disturbance of sleep allowance

[16.4(a) varied by PR718940, PR729385, PR740811, PR762231 ppc 01Jul23]

(a) When the rest of an employee sleeping onboard a vessel is seriously disturbed by noise from cargo operations between the hours of 11.00 pm and 6.00 am, or during an 8 hour rest period, the employee will be paid an allowance of $27.95 per night or rest period affected.

(b) In determining the applicability of this allowance, the Master or officer in charge will carefully assess the merits of each claim.

16.5 Vessels wrecked or stranded allowance

[16.5 varied by PR718940, PR729385, PR740811, PR762231 ppc 01Jul23]

If a vessel becomes wrecked or stranded in the course of a voyage and an employee is called upon for special efforts while the vessel is still wrecked or stranded, the employee will, for the time during which the employee so assists, be paid at the rate of $19.43 per hour in addition to any other entitlement under this award.

17. Allowances—expense-related

[Varied by PR719092, PR729565, PR740971, PR762402]

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 Study allowance

(a) An approved course of study is a Certificate of Competency, including an Endorsement, as prescribed by the Navigation Act 2012 (Cth) or regulations made thereunder, conducted by the Australian Maritime College or an approved technical institution or academy.

(b) Eligibility

This allowance will apply to:

(i) a Deck officer who goes ashore to study and sit for an approved course of study qualifying the employee as a First mate (Chief deck officer) or Master of a ship; and

(ii) a Marine engineer, Marine electrician or Electrical engineer who goes ashore to study and sit for an approved course of marine engineering study.

The entitlements prescribed in clause 17.2(d) will only be payable by the employer if the following conditions are met:

(i) an application has been made by the employee in writing and has been approved in writing by the employer;

(ii) the employee has been employed by the employer for the 12 months prior to commencing the period of study;

(iii) if the employer desires, the employee will enter into a written undertaking that the employee will remain in the employer’s employment for a period of at least 12 months after sitting for the certificate in question;

(iv) the entitlement will be confined to the first attempt to obtain the certificate in question; and

(v) the employee will provide the employer with reasonable proof of satisfactory attendance at the course of study and examination.

(d) Entitlement

(i) For approved study outside period of accrued leave—75% of the eligible employee’s salary or wages for the authorised period of study.

(ii) For approved study during period of accrued leave—a period of additional leave (immediately following the sitting for each certificate), equal to 75% of the authorised period of study.

(iii) An employer and an employee may agree to grant the additional leave under clause 17.2(d)(ii) as payment instead of leave.

(iv) Where an application by an employee to undertake an approved course of study has been approved by the employer, and the employee is subsequently retrenched, the employee will be entitled to payment in accordance with clause 17.2(d)(i). For these purposes, the employee’s salary rate will be the rate applicable at the date of termination.

(e) Living away from home

When it is necessary for an employee to take up temporary residence away from their home port to undertake the approved study, the employee will be entitled to the following living away from home allowance during the authorised period of study:

[17.2(e)(i) varied by PR719092, PR729565, PR740971, PR762402 ppc 01Jul23]

(i) $171.84 per week; or

[17.2(e)(ii) varied by PR719092, PR729565, PR740971, PR762402 ppc 01Jul23]

(ii) $242.30 per week (if the employee has a spouse or de facto partner and/or dependent children).

(f) Authorised period of study

The authorised period of study for eligible employees under clause 17.2(f) will consist of:

(i) the period of their attendance at the course of study for each certificate;

(ii) the prescribed examination times; and

(iii) vacation times or holidays of not more than 7 consecutive days (including Saturdays, Sundays and public holidays).

17.3 Meal and accommodation allowance

(a) An employee will be entitled to the relevant meal or accommodation allowance set out in clause 17.3(d), in the following circumstances:

(i) an employee in a vessel is required by the employer to take a meal ashore and/or be accommodated ashore at a port other than at the employee’s home port; or

(ii) subject to clause 17.3(c) an employee is directly travelling to their home port at the employer’s expense pursuant to clause 17.3(a) or any applicable legislation; or

(iii) an employee is undertaking travel in accordance with clause 17.4.

(b) Employees in their home port

Employees in a vessel in their home port will only be entitled to the accommodation allowance set out in clause 17.3(d) when:

(i) their usual place of residence is not actually located in their home port;

(ii) accommodation is not provided; and

(iii) they produce evidence to the reasonable satisfaction of the employer that they properly incurred the particular expenditure.

An employee will only be entitled to payment of the respective meal allowance set out in clause 17.3(d) when:

(i) the employee is travelling at the employer’s expense in accordance with clause 17.3(a); and

(ii) an in-flight airline meal is not available to the employee whilst travelling during breakfast hours (7.00 am to 9.00 am) and/or lunch hours (12.00 pm to 2.00 pm) and/or dinner hours (5.00 pm to 7.00 pm).

(d) Entitlement

[17.3(d)(i) varied by PR719092, PR729565, PR740971, PR762402 ppc 01Jul23]

(i) An employee’s entitlement under clause 17.3 will be as follows:

Daily rates	$
Breakfast	26.32
Lunch	31.76
Dinner	52.61
Accommodation	203.07
Accommodation and meals	313.76
Weekly rates	$
Meals	553.68
Accommodation	1015

(ii) Clause 17.3(d) will not apply where the employer provides meals and accommodation.

17.4 Travel expenses

Subject to the employee producing evidence to the reasonable satisfaction of the employer that expenditure claimed was properly incurred by the employee, the employer will reimburse the reasonable travel expenses of an employee when the employee is travelling:

(a) as required by and for the purposes of the employer; or

(b) to and/or from the employee’s home port in the following circumstances:

(i) incidentally to the taking of leave as required by the employer;

(ii) pursuant to the application of the Navigation Act 2012 (Cth);

(iii) when the employee’s employment is terminated by the employer, except where the employee is dismissed for misconduct and the dismissal is not subsequently overturned; or

(iv) when the employee terminates their employment at the same time that articles of agreement expire through the passing of time at any port other than at the employee’s home port.

(c) Clause 17.4 will not apply where the employer provides free travel.

17.5 Personal effects allowance

[17.5 varied by PR719092, PR729565, PR740971, PR762402 ppc 01Jul23]

An employee who sustains damage or loss of their personal effects or equipment due to fire, explosion, foundering, shipwreck, collision or stranding, will be compensated by the employer for the damage or loss by a payment equivalent to the value thereof, not exceeding $5311.

17.6 Conveyance

(a) Where a vessel lies at anchorage or at any buoy within port limits and is not duly treated as being at sea while there, the employer will reimburse the employee the cost of conveyance between the vessel and a safe landing place.

(b) Clause 17.6(a) will not apply where the employer provides the conveyance or the Master considers it unreasonable in the circumstances at the time.

17.7 Medical expenses

An employee who undergoes a medical examination by a medical inspector of seamen, at the requirement of the employer, or pursuant to requirements under the Navigation Act 2012 (Cth) and relevant Marine Orders, will be reimbursed the cost of the applicable fees by the employer.

17.8 Passports/travel document expenses

The employer will reimburse an employee for all reasonable charges, fees and expenses incurred by an employee who is required by the employer to have and maintain:

(a) a valid passport;

(b) any necessary visas; and

(c) any necessary vaccinations.

17.9 Reimbursement of expenses

Upon production of evidence to the reasonable satisfaction of the employer that the expenditure claimed was properly incurred by the employee, the employer will reimburse an employee any expenses reasonably incurred by the employee in the performance of their duties and on behalf of the employer, including:

(a) expenses in respect of fees incurred by a Master or Deck officer in obtaining or renewing a pilotage exemption certificate in the course of their service with the employer;

(b) expenses associated with enquiries as to casualties or as to the conduct of employees and to proceedings for any alleged breach of any maritime or port or other regulations; and

(c) reimbursement of reasonable legal costs incurred or fines imposed by a competent tribunal under any applicable environmental legislation provided that the expenses incurred were not due to, or arising from, the employee’s personal default or misconduct.

17.10 Industrial clothing

(a) Uniforms

If the employer requires an employee to wear a uniform, the employer must reimburse the employee for two-thirds of the cost of purchasing the clothing.

(b) Trappings

If an employer requires an employee to purchase any trappings, the employer must reimburse the employee for the full cost of purchasing the items. Any trappings will remain the property of the employer.

If an employer requires an employee to purchase any safety shoes and protective clothing (including overalls), the employer must reimburse the employee for the full cost of purchasing such items. Any such clothing will remain the property of the employer.

(d) Clause 17.10 will not apply where the industrial clothing is supplied to the employee wholly at the employer’s expense.

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—Leave and Public Holidays

19. Leave

19.1 Leave factor and entitlement to leave

(a) Subject to clause 19.1(c), for each day of duty on a vessel or a day during which the employee is involved in travelling to or from a vessel or place of work as required by the employer, an employee will accrue an entitlement to 0.926 of a day’s leave without loss of pay.

(b) Where leave granted is less or more than that actually due, it will be debited or credited to the employee as less or additional leave.

(c) Leave will not accrue:

(i) on a day when an employee is on leave;

(ii) on a day, or that part of a day, during which an employee fails or refuses to attend for or perform work as lawfully required by the employer;

(iii) on any day on which the employee is undertaking an approved course of study or training ashore;

(iv) when an employee’s engagement is less than one day;

(v) on a day when an employee accepts shore-based secondment; or

(vi) where a leave ratio higher than that contained in clause 19.1(a) operates, in order to give effect to an employee’s leave entitlement:

· days of joining or leaving a vessel; and

· days of travel to and from a vessel or required place of work despite that work is performed on any such day.

19.2 Calculation of leave entitlement

The leave entitlement in clause 19.1(a) gives effect to, amongst other things:

(a) leave with pay for weekends and public holidays worked;

(b) annual leave with pay of 5 weeks per year;

(c) personal/carer’s leave;

(d) compassionate leave; and

(e) a 35 hour working week.

19.3 Taking of leave

(a) The taking of leave will, as far as practicable, be arranged to suit the running of the vessel in which the employee is engaged.

(b) The period of leave granted will approximate as closely as possible both to the actual amount of leave due to the employee and to the date and time when the employee can most conveniently return to duty.

(c) Unless otherwise agreed between the employer and the employee, the leave to which an employee is entitled under clause 19 will be granted by the employer and taken by the employee not later than 8 months after it has commenced to accrue.

19.4 Leave in advance: employer direction

(a) Where an employee’s leave has expired, an employer may require an employee to take up to 14 days of leave in advance. An employee will not be required to take more than 14 days of leave in advance unless:

(i) there has been prior consent by the employee; or

(ii) a swing cycle agreement applying to the employee provides otherwise.

(b) The giving and taking of leave will be arranged having regard to:

(i) avoidance of delays to a vessel’s schedule, the voyaging pattern of the employee’s regular vessel and urgent needs or demands of the employer’s service;

(ii) the need to correct imbalances in leave and duty periods;

(iii) the employee’s home port;

(iv) the need to reduce costs of travel; and

(v) whether the employee has a right to accumulate leave under clause 19.5.

19.5 Accumulation of leave for study

A Deck officer or Marine engineer who wishes to take leave for the purposes of an approved course of study in circumstances where the study allowance provisions in clause 17.2 do not apply (e.g. for a second or subsequent attempt at a Certificate of Competency), may accumulate and take their accrued leave in one period, at the time so desired by the employee, provided the employee has given reasonable notice of their intention to the employer.

19.6 Leave during dry docking

Whilst a vessel has ceased operation for the purpose of a survey, overhaul or docking, the employer may require an employee to proceed to their home port to take accrued leave and any leave in advance to the extent permitted by clause 19.4.

19.7 Payment of leave on termination of employment

Upon termination of employment, an employee’s leave entitlement under clause 19 will be paid at the salary rate for the last position in which the employee served.

20. Annual leave

20.1 Clause 19.1 of this award gives full effect to the NES entitlements to annual leave.

NOTE: Where an employee is receiving over-award payments such that the employee’s base rate of pay is higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).

20.2 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 20.2 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 20.2 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 20.2, 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.

20.3 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 20.3.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 20.3.

(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 20.3 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 20.3 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 20.3 as an employee record.

NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 20.3.

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 20.3.

NOTE 3: An example of the type of agreement required by clause 20.3 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. Parental leave and related entitlements

[21 varied by PR763329 ppc 01Aug23]

Parental leave and related entitlements are provided for in the NES.

NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 28—Dispute resolution and/or under section 76B of the Act.

22. Personal/carer’s leave and compassionate leave

22.1 Clause 19.1 of this award gives full effect to the NES entitlements to personal/carer’s leave and compassionate leave.

22.2 Arrangements for taking of personal leave will be governed by the Navigation Act 2012 (Cth).

23. Community service leave

Community service leave is provided for in the NES.

24. Family and domestic violence leave

[24—Unpaid family and domestic violence leave renamed and substituted by PR750540 ppc 15Mar23]

Family and domestic violence leave is provided for in the NES.

NOTE 1: Information provided to employers concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers are subject to confidentiality requirements regarding the handling of this information under section 106C of the Act and requirements as to what can be reported on payslips pursuant to regulations 3.47 and 3.48 of the Fair Work Regulations 2009.

NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.

25. Public holidays

[Varied by PR747484]

[25.1 renumbered as paragraph by PR747484 ppc 14Nov22]

Clause 19.1 of this award gives full effect to the NES entitlements to public holidays.

[25.2 deleted by PR747484 ppc 14Nov22]

Part 6—Workplace Delegates, Consultation and Dispute Resolution

[Part 6—Consultation and Dispute Resolution renamed by PR774851 from 01Jul24]

This part applies to all employers to which this award applies irrespective of whether the vessel was granted a temporary licence.

25A. Workplace delegates’ rights

[25A inserted by PR774851 from 01Jul24]

25A.1 Clause 25A 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 25A.

25A.2 In clause 25A:

(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.

25A.3 Before exercising entitlements under clause 25A, 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.

25A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.

25A.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.

25A.6 Entitlement to reasonable communication

(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 25A.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.

25A.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 25A.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.

25A.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.

25A.9 Exercise of entitlements under clause 25A

(a) A workplace delegate’s entitlements under clause 25A 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 25A 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 25A 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 25A.

26. Consultation about major workplace change

26.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:

(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and

(b) discuss with affected employees and their representatives (if any):

(i) the introduction of the changes; and

(ii) their likely effect on employees; and

(iii) measures to avoid or reduce the adverse effects of the changes on employees; and

(c) commence discussions as soon as practicable after a definite decision has been made.

26.2 For the purposes of the discussion under clause 26.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

(a) their nature; and

(b) their expected effect on employees; and

(c) any other matters likely to affect employees.

26.3 Clause 26.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

26.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 26.1(b).

26.5 In clause 26 significant effects, on employees, includes any of the following:

(a) termination of employment; or

(b) major changes in the composition, operation or size of the employer’s workforce or in the skills required; or

(c) loss of, or reduction in, job or promotion opportunities; or

(d) loss of, or reduction in, job tenure; or

(e) alteration of hours of work; or

(f) the need for employees to be retrained or transferred to other work or locations; or

(g) job restructuring.

26.6 Where this award makes provision for alteration of any of the matters defined at clause 26.5, such alteration is taken not to have significant effect.

27. Consultation about changes to rosters or hours of work

27.1 Clause 27 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.

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

27.3 For the purpose of the consultation, the employer must:

(a) provide to the employees and representatives mentioned in clause 27.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and

(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.

27.4 The employer must consider any views given under clause 27.3(b).

27.5 Clause 27 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

28. Dispute resolution

[Varied by PR763329]

28.1 Clause 28 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

28.2 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.

28.3 If the dispute is not resolved through discussion as mentioned in clause 28.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.

28.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 28.2 and 28.3, a party to the dispute may refer it to the Fair Work Commission.

28.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.

28.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.

28.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 28.

28.8 While procedures are being followed under clause 28 in relation to a dispute:

(a) work must continue in accordance with this award and the Act; and

(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.

28.9 Clause 28.8 is subject to any applicable work health and safety legislation.

[Note 1 inserted by PR763329 ppc 01Aug23]

NOTE 1: In addition to clause 28, a dispute resolution procedure for disputes regarding the NES entitlement to request flexible working arrangements is contained in section 65B of the Act.

[Note 2 inserted by PR763329 ppc 01Aug23]

NOTE 2: In addition to clause 28, a dispute resolution procedure for disputes regarding the NES entitlement to request an extension to unpaid parental leave is contained in section 76B of the Act..

Part 7—Termination of Employment and Redundancy

29. Termination of employment

NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.

29.1 Notice of termination by an employee

(a) Clause 29.1 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 29.1(b) continuous service has the same meaning as in section 117 of the Act.

(d) If an employee who is at least 18 years old does not give the period of notice required under clause 29.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

(e) If the employer has agreed to a shorter period of notice than that required under clause 29.1(b), then no deduction can be made under clause 29.1(d).

(f) Any deduction made under clause 29.1(d) must not be unreasonable in the circumstances.

30. Redundancy

NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.

30.1 Transfer to lower paid duties on redundancy

(a) Clause 30.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.

(b) The employer may:

(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or

(ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 30.1(c).

(c) If the employer acts as mentioned in clause 30.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

30.2 Employee leaving during redundancy notice period

(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.

(b) The employee is entitled to receive the benefits and payments they would have received under clause 30 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.

(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.

Schedule A—Vessels Granted a Temporary Licence

[Varied by PR718940, PR719092, PR729385, PR729565, PR740811, PR740971, PR762231, PR762402]

The following provisions are to apply to vessels granted a temporary licence under the Coastal Trading (Revitalising Australian Shipping) Act 2012 (Cth).

A.1 Minimum Rates and Related Matters

A.1.1 Classifications and minimum rates

[A.1.1 varied by PR718940, PR729385, PR740811, PR762231 ppc 01Jul23]

Classification	Minimum weekly rate (full-time employee)
	$
Master	1612.00
Chief engineer	1585.40
First mate/First engineer	1374.50
Second mate/Second engineer/Radio Officer/Electrical Engineer	1272.30
Third mate/Third engineer	1219.40
Chief integrated rating/Bosun/Chief cook/Chief steward/Carpenter/Fitter/Repairer/Donkeyman/Electrician	1153.80
Integrated rating/Able seaman/Fireman/Motorman/Pumpman/Oiler greaser/Steward	1051.40
OS/Wiper/Deckboy/Catering Boy/2nd Cook/Messroom Steward	891.60

A.2 Allowances

[A.2.1 varied by PR719092, PR729565, PR740971, PR762402 ppc 01Jul23]

A.2.1 If, by fire, explosion, foundering, shipwreck, collision or stranding, an employee should sustain damage to or loss of their personal effects or equipment, the employer will compensate them for such damage or loss by a payment equivalent to the value thereof, not exceeding $5311.

A.2.2 The monetary amount in clause A.2.1 will be treated as a personal effects allowance and will be adjusted in accordance with clause B.2.

A.3 Hours of Work and Related Matters

A.3.1 Ordinary hours of work

(a) The ordinary hours of work will be 7.6 hours per day from Monday to Friday.

(b) All hours worked in excess of 7.6 hours per day from Monday to Friday will be paid as overtime.

(c) All hours worked on Saturdays, Sundays and public holidays will be paid for as overtime.

(d) Overtime

All overtime worked will be paid at 125% of the minimum rate.

A.3.2 Rest periods

(a) Each employee will have a minimum of 10 hours’ rest in any 24 hour period and 77 hours in any 7 day period.

(b) This period of 24 hours will begin at the time an employee starts work immediately after having had a period of at least 6 consecutive hours off duty.

(c) The hours of rest may be divided into no more than 2 periods, one of which will be at least 6 hours in length, and the interval between consecutive periods of rest must not exceed 14 hours.

A.4 Leave and Public Holidays

A.4.1 Leave

Notwithstanding the NES, each employee will be entitled to payment of leave of 8 days for each completed month of service and pro rata for any shorter period.

A.4.2 Public holidays

(a) Public holiday entitlements are provided for in the NES.

(b) Where a public holiday falls on a Saturday or Sunday, the following working day(s) will be observed as a public holiday.

(c) An employer and an individual employee may agree to the employee taking another day as the public holiday instead of the day provided in the NES.

Schedule B—Summary of Monetary Allowances

[Varied by PR718940, PR719092, PR729385, PR729565, PR740811, PR740971, PR750873, PR762231, PR762402]

See clauses 16—Allowances—wage-related, 17—Allowances—expense-related and A.2 for full details of allowances payable

B.1 Wage-related allowances

[B.1.1 varied by PR718940, PR729385, PR740811, PR762231 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 aggregate annual salary for the Integrated rating classification for dry cargo vessels of up to 19,000 tonnes (AOV) in clause 14.1 divided by 52 = $1494.48.

Allowance	Clause	% of standard rate	$	Payable
Tanker allowance	16.2(a)	0.83	12.40	per day
Cargo allowances—between 7.00am and 5.00pm, unless the work is done outside the employee’s watch on duty if watches are being kept—handling	16.3(a)(i)	1.17	17.49	per hour
Cargo allowances—between 7.00am and 5.00pm, unless the work is done outside the employee’s watch on duty if watches are being kept—securing or lashing	16.3(a)(ii)	0.41	6.13	per hour
Cargo allowances—at any other time, or if the work is done outside the employee’s watch on duty, if watches are being kept, or on Saturdays, Sundays or public holidays—handling	16.3(b)(i)	1.49	22.27	per hour
Cargo allowances—at any other time, or if the work is done outside the employee’s watch on duty, if watches are being kept, or on Saturdays, Sundays or public holidays—securing or lashing	16.3(b)(ii)	0.48	7.17	per hour
Cargo allowances—between 11.00pm and 7.00am if certain prescribed conditions are met—handling	16.3(d)(i)	1.87	27.95	per hour
Cargo allowances—between 11.00pm and 7.00am if certain prescribed conditions are met—securing or lashing	16.3(d)(ii)	0.57	8.52	per hour
Cargo allowances—between 11.00pm and 7.00am if certain prescribed conditions are met and if the cargo is mail, passengers’ luggage or passengers’ motor cars—handling	16.3(e)(i)	1.54	23.01	per hour
Cargo allowances—between 11.00pm and 7.00am if certain prescribed conditions are met and if the cargo is mail, passengers’ luggage or passengers’ motor cars—securing or lashing	16.3(e)(i)	0.49	7.32	per hour
Cargo allowances—if the cargo is mail, passengers’ luggage or passengers’ motor cars—handling	16.3(e)(ii)	1.17	17.49	per hour
Cargo allowances—if the cargo is mail, passengers’ luggage or passengers’ motor cars—securing or lashing	16.3(e)(ii)	0.41	6.13	per hour
Disturbance of sleep allowance	16.4(a)	1.87	27.95	per night or rest period
Vessels wrecked or stranded allowance—special efforts	16.5	1.3	19.43	per hour

B.1.2 Automatic adjustment of wage-related allowances

[B.1.2 renamed and substituted by PR750873 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 PR719092, PR729565, PR740971, PR762402 ppc 01Jul23]

B.2.1 The following expense-related allowances will be payable to employees in accordance with clauses 17—Allowances—expense-related and A.2:

Allowance	Clause	$	Payable
Living away from home allowance	17.2(e)(i)	171.84	per week
Living away from home (with spouse, etc) allowance	17.2(e)(ii)	242.30	per week
Meal and accommodation allowance—daily rates—breakfast	17.3(d)(i)	26.32	per occasion
Meal and accommodation allowance—daily rates—lunch	17.3(d)(i)	31.76	per occasion
Meal and accommodation allowance—daily rates—dinner	17.3(d)(i)	52.61	per occasion
Meal and accommodation allowance—daily rates—accommodation	17.3(d)(i)	203.07	per night
Meal and accommodation allowance—daily rates—accommodation and meals	17.3(d)(i)	313.76	per day
Meal and accommodation allowances—weekly rates—meals	17.3(d)(i)	553.68	per week
Meal and accommodation allowances—weekly rates—accommodation	17.3(d)(i)	1015	per week
Personal effects allowance—an amount not exceeding	17.5	5311	per occasion
Personal effects allowance—vessels granted a temporary licence—an amount not exceeding	A.2.1	5311	per occasion

B.2.2 Adjustment of expense-related allowances payable under this award.

(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
Accommodation allowance	Domestic holiday travel and accommodation sub-group
Living away from home allowance	Domestic holiday travel and accommodation sub-group
Meal allowance	Take away and fast foods sub-group
Personal effects allowance	All groups

Schedule C—Agreement to Take Annual Leave in Advance

Link to PDF copy of Agreement to Take Annual Leave in Advance.

Name of employee: _____________________________________________

Name of employer: _____________________________________________

The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:

The amount of leave to be taken in advance is: ____ hours/days

The leave in advance will commence on: ___/___/20___

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

[If the employee is under 18 years of age - include:]

I agree that:

if, on termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement, then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

Name of parent/guardian: ________________________________________

Signature of parent/guardian: ________________________________________

Date signed: ___/___/20___

Schedule D—Agreement to Cash Out Annual Leave

Link to PDF copy of Agreement to Cash Out Annual Leave.

Name of employee: _____________________________________________

Name of employer: _____________________________________________

The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:

The amount of leave to be cashed out is: ____ hours/days

The payment to be made to the employee for the leave is: $_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)

The payment will be made to the employee on: ___/___/20___

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian: ________________________________________

Signature of parent/guardian: ________________________________________

Date signed: ___/___/20___

[Schedule E—Part-day Public Holidays deleted by PR747484 ppc 14Nov22]

Details

Title: Seagoing Industry Award 2020
Code: MA000122

Effective:

Updated:

Instrument Type: Modern Award

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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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Seagoing Industry Award 2020

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