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New South Wales Industrial Relations Commission
(Industrial Gazette)





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MOTOR FERRIES (STATE) AWARD
  
Date09/14/2001
Volume327
Part4
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C0455
CategoryAward
Award Code 486  
Date Posted03/06/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(486) SERIAL C0455

 

Motor Ferries (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996.

 

(No. IRC 3573 of 1999)

 

Before the Honourable Justice Marks 18 July 2001

 

 

REVIEWED AWARD

 

Arrangement

 

PART A

 

Clause No. Subject Matter

 

21. Amenities and Accommodation

9. Annual Leave

24. Anti Discrimination

26. Area, Incidence and Duration

12. Bereavement Leave

17. Compensation for Personal Effects

1. Definitions

19. Dispute Settling Procedure

3. Engagement

2. Hours

23. Long Service Leave

16. Meal Allowance

15. Mixed Functions

6. Overtime

14. Payment of Wages

13. Protective Clothing and Industrial Clothing

20. Provisions for Transport

8. Public Holidays

25. Redundancy

10. Returning to Duty After Annual Leave

7. Saturday, Sunday and Holidays

22. Screening of Employees for Skin Cancer

5. Shift Work

11. Sick Leave

18. State Personal/Carer's Leave Case - August 1996.

4. Wages

 

PART B

 

MONETARY RATES

 

Table 1—Wages

Table 2—Other Rates and Allowances

 

PART A

 

1. DEFINITIONS

 

(i) Vessel means a vessel propelled by steam or motor.

 

(ii) Deckhand shall include any person other than a Master or Engineer assisting on a vessel as defined in subclause (i) of this clause.

 

(iii) "Master" means an appropriately qualified person having command of a vessel.

 

(iv) Shift Work: -

"Afternoon Shift" shall mean any shift terminating subsequent to 6.00 p.m. and at or before midnight.

"Night Shift" shall mean any shift terminating subsequent to midnight and at or before 8.00 a.m.

"Day Shift" means any shift commencing before 6.30 a.m.

 

2. HOURS

 

(i) The ordinary hours of work in this award shall not exceed an average of 38 per week over a four-week cycle, with not more than two weeks of 44 hours in that cycle.

 

(ii) The ordinary daily time of work shall be not less than six hours nor more than 11 hours, to be worked consecutively, but such ordinary daily time may be varied in such manner as the union and the said employer concerned may agree and, in cases of emergency, but only in such cases, an employee may be required to work otherwise than in accordance with subclause (i) of this subclause.

 

(iii) There shall be an entitlement to employees to take a paid leisure day as though worked in each four-week cycle arising from a credit of 0.05 of an hour (i.e., three minutes for each hour worked). The roster leisure day shall be set as follows:

 

(a) by the employer fixing one day in the fourth week of the cycle as a rostered day off; or

 

(b) where the employer and the union agree in a particular establishment, the employer may fix two days on which the employees may be rostered off or two half days during the four-week cycle, provided that such half days are either a Monday or Friday.

 

(c) (1) Each day of paid leave taken (including annual leave but not including long service leave)

and any public holiday occurring during any cycle of four weeks shall be regarded as a day worked for accrual purposes. Provided, however, that rostered days off shall not be regarded as part of annual leave for any purpose.

 

(2) An employee who has not worked a completed four-week cycle, in order to accrue a rostered day off, shall be paid a pro rata amount for credits accrued for each day worked

in such cycle, payable for the rostered day off or in the case of employment or termination (i.e., an amount of three minutes for each hour worked).

 

(iv) Notwithstanding the provisions of subclause (iii) of this clause, an employee shall be entitled to no more than 12 paid rostered days or 24 paid half days off in any 12 months of consecutive employment.

 

(v) Accumulation - Employees may accumulate rostered days or shifts off by agreement with the employer, provided that in any case no more than five rostered days or five rostered shifts off may be accumulated. The employee shall take accumulated rostered days or shifts off by mutual agreement with the employer.

 

(vi) Notice - Except as provided elsewhere in this award, an employee shall be given no less than two weeks notice by the employer of the rostered day or shift off that he/she is to take. Provided that an employer may substitute the day or shift an employee is rostered off duty where an emergency situation occurs.

 

(vii) Substitution - An individual employee, by agreement with the employer, may substitute the day or shift he/she is rostered off duty for another day.

 

(viii) Rostered day off falling on a public holiday - Where an employee's rostered day or shift off duty falls on a public holiday the employee and the employer shall agree to the substitution of an alternative day off. Provided, however, that where such an agreement is not reached the substitute day shall be determined by the employer.

 

(ix) Work on a rostered day off - Subject to subclause (v) of this clause, where an employee is required to work on his/her rostered day or shift off, he/she shall be paid at ordinary time but shall be entitled to take his/her rostered day off no later than seven days following such a day.

 

(x) Sickness on rostered day off - Where an employee is sick or injured on his/her rostered day or shift off he/she shall not be entitled to sick pay nor shall his/her sick pay entitlement be reduced as a result of his/her sickness or injury on that day.

 

(xi) Overtime - The hourly rate for overtime shall be calculated from 9 March 1989, dividing the weekly rate by 38.

 

(xii) Payment of Wages - In the event that an employee, by virtue of the arrangement of his/her ordinary working hours, is rostered off duty on a day which coincides with pay day, such employee shall be paid no later that the working day immediately following such pay day. The rates of pay shall be as set out in Table 1 - Wages, of Part B, Monetary Rates.

 

(xiii) Rosters showing daily, weekly and fortnightly hours of work of all employees shall be exhibited by the employer at the wharf or yard. Such rosters shall not be altered without seven days' notice being given to the employees concerned.

 

(xiv) A crib break of 20 minutes, which shall be counted as time worked, shall be allowed at a time mutually convenient.

 

(xv) Notwithstanding the provisions of clause 7, Saturday, Sunday and Holidays, where a seven-day roster is in operation, work on Sundays may be reckoned as part of ordinary hours of work and shall be paid for at the rate of double time.

 

3. ENGAGEMENT

 

All employment shall be by the week, determined by a week's notice from either employer or employee unless that amount of a week's wages be paid or allowed in lieu of such notice: provided that if any employee fails to work on any day or part of a day when work has been provided for him/her, the employer shall be entitled to make a proportionate deduction from such employee's weekly wage.

 

4. WAGES

 

(i) The minimum rates of pay for any classification shall, subject to the other provisions of this award, be the weekly rates as set out in Table 1 - Wages, of Part B, Monetary Rates.

 

(ii) Junior males may be employed on the work of deckhands and/or assistant passage attendants, wharf hands and/or cleaners combined with passage attendants, wharf hands, and/or cleaners shall be paid the following percentage of the total wage payable to adult deckhands, from time to time effective.

 

Under 18 years of age 60 % per week

At 18 years of age 100 % per week

 

 

(iii) The rates of pay in this award include the adjustments payable under the State Wage Case 2000. These adjustments may be offset against:

 

(A) any equivalent overaward payments, and/or

 

(B) award wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rates adjustments.

 

5. SHIFT WORK

 

All employees engaged on afternoon and night shift, as defined in subclause (iv) of clause 1, Definitions, shall be paid wage rates prescribed, with an additional 15 per cent, provided that employees on day shift as defined in the said subclause (iv) shall receive five per cent in addition to the wage rates prescribed.

 

6. OVERTIME

 

(i) All work done before or after the ordinary hours of the shift, or in excess of 11 hours consecutively or in excess of the daily, weekly or fortnightly rostered hours, shall be paid for at the rate of time and one-half for the first two hours and double time thereafter.

 

(ii) All time worked on an employee's rostered day off shall be paid for at the rate of time and one-half for the first two hours and double time thereafter, with a minimum payment of six hours, provided that all time worked on a Saturday on which the employee has been rostered off shall be paid at double time.

 

(iii) Overtime shall be paid for once only.

 

(iv) All employees shall share equally with others in their respective classification in the vessels, where practicable, and all employees shall work an equal amount of overtime as far as it is possible to arrange.

 

(v) An employee who has worked overtime on any day shall not be required to commence a new shift until he/she has a break of at least ten hours, unless otherwise agreed by the union and the employer.

 

7. SATURDAY, SUNDAY AND HOLIDAYS

 

(i) Ordinary daily time worked on holidays shall be reckoned as part of the prescribed ordinary time to be worked in each fortnight but shall be paid for at the rate of double time and one-half.

 

(ii) No time worked on Sundays shall be reckoned as part of any prescribed ordinary time or work.

 

(iii) All ordinary time worked between midnight Friday and midnight Saturday shall be paid for at the rate of time and one-half.

 

(iv) All time worked between the hours of midnight Saturday and midnight Sunday shall be paid for at the rate of double time.

 

(v) Where work is done for more than 12 hours on a Sunday or a holiday on a vessel it shall be done in two shifts, unless the unions and employer concerned agree otherwise; but in cases of emergency, and only in such cases, an employee may be required to work otherwise than in accordance with this subclause.

 

(vi) For all time worked on Christmas Day the rate shall be double time in addition to the ordinary rate.

 

8. PUBLIC HOLIDAYS

 

For the purpose of this award, the following days shall be observed as public holidays: New Year's Day, Good Friday, Easter Saturday, Easter Monday, Eight-hour Day (Labour Day in Newcastle), Queen's Birthday, ANZAC Day, Christmas Day and Boxing Day and any other statutory or proclaimed public holiday for the State and no deduction shall be made for the occurrence of such holiday although not worked.

 

In the case of employees of Stockton Ferries at Newcastle, the day observed as Newcastle Show Day shall also be deemed a holiday and no deduction shall be made from the wages of an employee at Newcastle who does not work on such day.

9. ANNUAL LEAVE

 

(i) Four week's leave on full pay shall be given to all employees annually.

 

(ii) One day shall be added to the annual leave period of any employee rostered off duty on a day which is a public holiday prescribed by clause 8, Public Holidays.

 

(iii) Employees when proceeding on annual leave shall receive an additional 17.5 per cent for day workers and 20 per cent for shift workers, such loadings to be calculated on the award rate of pay.

 

10. RETURNING TO DUTY AFTER ANNUAL LEAVE

 

An employee shall neither return to duty after annual leave on Sunday nor on any of the public holidays specified in clause 8, Public Holidays.

 

11. SICK LEAVE

 

(i) An employee who has served continuously with his/her employer for not less than 13 weeks and who is unable to attend for duty during his/her ordinary working hours by reason of personal illness or personal incapacity not due to his/her own serious and wilful misconduct, shall be entitled to be paid at ordinary-time rates of pay for time of such non-attendance, subject to the following:

 

(a) He/she shall not be entitled to paid leave of absence for any period in respect of which he/she is entitled to workers' compensation.

 

(b) He/she shall not be entitled in respect of any year of continued employment to sick pay for more than 80 ordinary working hours. Provided that any employee with 12 months or more service shall be entitled to an additional 80 hours ordinary working hours sick leave per annum. Any period of paid sick leave allowed by the employer to an employee in any such year shall be deducted from the period of sick leave, which may be allowed or may be carried forward under this award in respect of such year.

 

(c) The rights under this clause shall accumulate from year to year so long as the employee's employment continues with the employer, so that any part of 80 hours which has not been allowed in any year may be claimed by the employee, and shall be allowed by the employer, subject to the conditions prescribed by this clause, in a subsequent year of such continued employment and shall be fully accumulative for each year of service.

 

12. BEREAVEMENT LEAVE

 

(i) An employee, other than a casual employee, shall be entitled to a maximum of three days bereavement leave without deduction of pay, on each occasion of the death of a person within Australia as prescribed in subclause (iii) of this clause. Where the death of a person as prescribed by the said subclause (iii) occurs outside Australia, the employee shall be entitled to a maximum of three days bereavement leave where the employee travels outside Australia in connection with the death.

 

(ii) The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will provide to the satisfaction of the employer proof of death.

 

(iii) Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer's leave as set out in subparagraph (ii) of paragraph (c) of subclause (1) of clause 18, Personal/Carer s Leave, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

(iv) An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

(v) Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4), (5) and (6) of the said clause 18. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

13. PROTECTIVE CLOTHING AND INDUSTRIAL CLOTHING

 

All employees required to work in the open on vessels, ferries or wharves shall be provided by the employer with oilskins and sou'westers. Deckhands shall be provided with sunglasses and suitable footwear.

 

14. PAYMENT OF WAGES

 

All wages shall be paid during working hours or within 15 minutes after finishing time on pay day, otherwise overtime shall be paid, with a minimum payment for one-half hour at least; provided that such overtime shall be paid only for the period for which the employee is actually waiting at the place appointed for payment of wages. Provided further that all moneys earned in any one week shall be paid weekly.

 

15. MIXED FUNCTIONS

 

When an employee is called upon to do any work for a period exceeding one hour of a class for which a higher rate of wages is herein prescribed, such employee shall, during the time he/she is so employed, be paid at the higher rate, with a minimum payment for four hours in any one day. Overtime in such cases shall be computed on the higher rate.

 

16. MEAL ALLOWANCE

 

When an employee is called to work overtime in extension of the employee's ordinary day's work, he/she will be supplied with a suitable meal or be paid an amount as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, by the employer and for every further four hours of duty a further meal shall be provided or the employee shall be paid an amount as set out in the said Item 1.

 

17. COMPENSATION FOR PERSONAL EFFECTS

 

If by fire, explosion, foundering, shipwreck, collision, stranding, or any other cause whatsoever, not attributable to the employee's neglect, an employee should sustain damage or loss of his/her personal effects or equipment, the employer shall compensate him/her for such damage or loss by cash payment equivalent to the value thereof to a minimum as set out in Item 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates. Provided that this amount or any part thereof shall not be payable where the loss is covered by workers' compensation insurance.

 

18. PERSONAL/CARER'S LEAVE

 

(1) Use of Sick Leave

 

(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), who needs the employee's care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in clause 11, Sick Leave, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.

 

(b) The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.

 

(c) The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i) the employee being responsible for the care of the person concerned; and

 

(ii) the person concerned being:

 

(a) a spouse of the employee; or

 

(b) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

(c) a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

(d) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

(e) a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:

 

1. "relative" means a person related by blood, marriage or affinity;

 

2. "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

3. "household" means a family group living in the same domestic dwelling.

 

(d) An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

(2) Unpaid Leave for Family Purpose

 

(a) An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.

 

(3) Annual Leave

 

(a) An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

(b) Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

(c) An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

(4) Time Off in Lieu of Payment for Overtime

 

(a) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

 

(b) Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

(c) If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12-month period or on termination.

 

(d) Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

 

(5) Make-up Time

 

(a) An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

 

(b) An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate, which would have been applicable to the hours taken off.

 

(6) Rostered Days Off

 

(a) An employee may elect, with the consent of the employer, to take a rostered day off at any time.

 

(b) An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

(c) An employee may elect, with the consent of the employer, to accrue some or all-rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

 

(d) This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

 

19. DISPUTE SETTLING PROCEDURE

 

The following dispute settling procedure will apply to all disputes covered by this award:

 

(i) Where a dispute arises at the workplace the matter will be settled, where possible, between the employee(s) concerned or their representative and their immediate supervisor.

 

(ii) Where the matter remains unresolved it shall be referred to the manager, who will consult with officials from The Seamen's Union of Australia, New South Wales Branch.

 

(iii) If the matter remains unresolved, either party may refer the matter to the Industrial Relations Commission of New South Wales.

 

(iv) It is agreed that no disruption to work shall occur during the process set out in subclauses (i), (ii) and (iii) of this clause, except where a genuine safety issue is involved.

 

 

20. PROVISIONS FOR TRANSPORT

 

Where an employee who is required to commence or finish between 12 midnight and 5.00 a.m., both times inclusive, the employee shall be provided with a conveyance by the employer or paid the prevailing rates, with a minimum of half an hour and a maximum of one hour.

 

 

 

21. AMENITIES AND ACCOMMODATION

 

(i) Each ferry shall be provided with an efficient windscreen wiper.

 

(ii) Each employee shall be provided with a suitable locker.

 

(iii) Reasonable washing and toilet facilities shall be provided, with a supply of hot and cold water.

 

22. SCREENING OF EMPLOYEES FOR SKIN CANCER

 

Employees will be allowed reasonable time during working hours to attend a medical practitioner, hospital or recognised clinic for screening and treatment of skin cancer and related disorders, subject to the following:

 

(a) advance notice of the absence is given to the employer; and

 

(b) the time taken off shall be sick leave and subject to the provisions of clause 11, Sick Leave.

 

23. LONG SERVICE LEAVE

 

See Long Service Leave Act 1955.

 

24. ANTI-DISCRIMINATION

 

24.1 It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity and age.

 

24.2 It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award, which, by its terms or operation, has a direct or indirect discriminatory effect.

 

24.3 Under the Anti-Discrimination Act, 1977 it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

24.4 Nothing in this clause is to be taken to affect:

 

24.4.1 any conduct or act which is specifically exempted from anti-discrimination legislation.

 

24.4.2 offering or providing junior rates of pay to persons under 21 years of age.

 

24.4.3 any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977.

 

24.4.4 a party to this award from pursuing matters of unlawful discrimination in any state or federal jurisdiction.

 

24.5 This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

NOTE

 

(a) Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

(c) "Nothing in the Act affects any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion.

 

25. REDUNDANCY

 

25.1 Application

 

25.1.1 In respect to employers who employ 15 employees or more immediately prior to the termination of employment of employees, in the terms of Clause 3 Engagement.

 

25.1.2 Notwithstanding anything contained elsewhere in this Clause, this Clause shall not apply to employees with less than one year's continuous service and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

 

25.1.3 Notwithstanding anything contained elsewhere in this Clause, this Clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

 

25.2 Introduction of Change

 

25.2.1 Employers duty to notify—

 

(a) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

 

(b) "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

 

Provided that where this Award makes provision for alteration of any of the matters referred to in this clause, an alteration shall be deemed not to have significant effect.

 

25.2.2 Employer's duty to discuss change—

 

(a) The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in clause 25.2.1, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

 

(b) The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 25.2.1.

 

(c) For the purpose of such discussion, the employer shall provide to the employees concerned and the union to which they belong all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

25.3 Redundancy

 

25.3.1 Discussions before terminations—

 

(a) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant clause 25.2.1(a), and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

 

(b) The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of clause 25.3.1(a) and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination of the employees concerned.

 

(c) For the purposes of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

25.4 Termination of Employment—

 

25.4.1 Notice for Changes in Production, Programme, Organisation or Structure - This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from production, programme, organisation or structure in accordance with clause 25.2.1(a):

 

(a) In order to terminate the employment of an employee the employer shall give to the employee the following notice:

 

Period of continuous service Period of notice

 

Less than 1 year....................................... 1 week

1 year and less than 3 years................... 2 weeks

3 years and less than 5 years................. 3 weeks

5 years and over....................................... 4 weeks

 

(b) In addition to the notice above, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional week's notice.

 

(c) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part-payment in lieu thereof.

 

25.4.2 Notice for technological change - This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with clause 25.2.1(a).

 

(a) In order to terminate the employment of an employee the employer shall give to the employee 3 months notice of termination.

 

(b) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part-payment in lieu thereof.

 

(c) The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

 

25.4.3 Time off during the notice period -

 

(a) During the period of notice of termination given by the employer, an employee shall be allowed up to one day's time off without loss of pay during each week of notice, to a maximum of five weeks, for the purposes of seeking other employment.

 

(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

 

25.4.4 Employee leaving during the notice period - If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this subclause had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

25.4.5 Statement of employment - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification of or the type of work performed by the employee.

 

25.4.6 Notice to Centrelink - Where a decision has been made to terminate employees, the employer shall notify Centrelink thereof as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

 

25.4.7 Employment Separation Certificate - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an Employment Separation Certificate in the form required by Centrelink.

 

25.4.8 Transfer to lower paid duties - Where an employee is transferred to lower paid duties for reasons set out in clause 25.2.1, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated, and the employer may at the employer's option make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rates for the number of weeks of notice still owing.

 

25.5 Severance Pay

 

25.5.1 Where an employee is to be terminated pursuant to 25.4, Termination of Employment, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the following severance pay in respect of a continuous period of service:

 

(a) If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

 

Years of Service Under 45 Years of Age Entitlement

 

Less than 1 year................................. Nil

1 year and less than 2 years............. 4 weeks

2 years and less than 3 years........... 7 weeks

3 years and less than 4 years........... 10 weeks

4 years and less than 5 years........... 12 weeks

5 years and less than 6 years........... 14 weeks

6 years and over................................. 16 weeks

 

(b) Where an employee is 45 years old or over, the entitlement shall be in accordance with the following scale:

 

Years of Service 45 Years of Age and Over Entitlement

 

Less than 1 year................................. Nil

1 year and less than 2 years............. 5 weeks

2 years and less than 3 years........... 8.75 weeks

3 years and less than 4 years........... 12.5 weeks

4 years and less than 5 years........... 15 weeks

5 years and less than 6 years........... 17.5 weeks

6 years and over................................. 20 weeks

 

(c) 'Week's pay' means the all purpose rate of pay for the employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over Award payments, shift penalties and allowances.

 

25.5.2 Incapacity to pay - Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in clause 25.5.1.

 

The Commission shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in clause 25.5.1 will have on the employer.

 

25.5.3 Alternative Employment - Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause (i) above if the employer obtains acceptable alternative employment for an employee.

 

26. AREA, INCIDENCE AND DURATION

 

26.1 This award shall apply to all employees of the classes herein mentioned employed in and in connection with any motor ferry used in any regular ferry passenger work within the jurisdiction of the Ferries (State) Conciliation Committee; provided that any motor boat temporarily transferred to other than ferry work shall not itself exclude the employees so employed from the provisions of this award; provided further that any motor vessel generally operating under and covered by the Marine Motor Drivers, Coxswains, &c. (State) Award published 7 May 1993 (274 I.G. 1215), as varied, shall not be covered by this award when such motor vessel is temporarily transferred to any of the services covered by this award.

 

26.2 This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Motor Ferries (State) Award published on 22 March 1996 (291 IG 532) and all variations thereof.

 

26.3 The award published 22 March 1996 took effect from the beginning of the first pay period to commence on or after 26 October 1995 and the variations thereof incorporated herein on the dates set out in the attached Schedule A.

 

26.4 The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 18 December 1998 (308 IG 307) are set out in the attached Schedule B and take effect on 14 June 2001.

 

26.5 The award remains in force until varied or rescinded, the period for which it was made having already expired.

 

PART B

 

MONETARY RATES

 

Table 1—Wages

 

 

Former Wage Rate ($)

SWC 2000

($)

Total Rate Per Week ($)

Master/Engineer

520.90

15.00

535.90

Deckhands

455.50

15.00

470.50

Turnstile Attendants

455.50

15.00

470.50

Passage Attendants

455.50

15.00

470.50

Under 18 years of age

273.30

60 % of adult deckhands wage

282.30

 

 

Table 2—Other Rates and Allowances

 

Item No

Clause No

Brief Description

Amount ($)

1

16

Meal Allowance

8.50

2

17

Minimum compensation for personal effects

741.30

 

 

SCHEDULE A

Award and Variations Incorporated

 

Clause

Award/Variation Serial No

Date of Publication

Date of taking Effect

Industrial Gazette

Volume Page

Award

B4068

22.3.96

First pay period on or after 26.10.95

291

532

Arrangement; 19

B5031

16.5.97

On or after 30.8.96

298

574

Part B Monetary Rates

B6193

17.7.98

First pay period on or after 22.11.96

305

1124

5 (iii) Table 1 of Part B

B5861

12.12.97

On or after 9.10.97

302

795

5 (iii) Tables 1 & 2 Part B

B6826

4.6.99

First pay period on or after 17.7.98

309

624

13

B7174

24.9.99

On and from 10.12.98

310

1089

 

 

Schedule B—

Changes Made on Review

Date of Effect: 14 June 2001

 

(1) Provision Modified—

 

Award

Clause

Previous form of Clause Last Published at

IG Volume Page

Motor Ferries (State) Award

2

291

533

Motor Ferries (State) Award

3

291

534

Motor Ferries (State) Award

4

291

536

Motor Ferries (State) Award

5

309

624

Motor Ferries (State) Award

6

291

536

Motor Ferries (State) Award

7

291

536

Motor Ferries (State) Award

8

291

537

Motor Ferries (State) Award

9

291

537

Motor Ferries (State) Award

10

291

538

Motor Ferries (State) Award

11

291

538

Motor Ferries (State) Award

12

291

538

Motor Ferries (State) Award

13

291

539

Motor Ferries (State) Award

14

291

539

Motor Ferries (State) Award

15

291

539

Motor Ferries (State) Award

16

291

539

Motor Ferries (State) Award

17

291

539

Motor Ferries (State) Award

18

291

540

Motor Ferries (State) Award

19

298

574

Motor Ferries (State) Award

20

291

542

Motor Ferries (State) Award

21

291

543

Motor Ferries (State) Award

22

291

543

Motor Ferries (State) Award

23

291

543

Motor Ferries (State) Award

24

291

543

Motor Ferries (State) Award

25

291

543

Motor Ferries (State) Award

26

291

543

Motor Ferries (State) Award

Table 1

309

624

Motor Ferries (State) Award

Table 2

309

625

 

 

(2) Provisions Removed—

 

Award

Clause

Previous form of Clause Last Published at

IG Volume Page

Motor Ferries (State) Consolidated Award

1

291

532

Motor Ferries (State) Consolidated Award

23

291

543

 

 

 

Ferries (State) Conciliation Committee

 

Industries and Callings

 

All persons employed on ferry boats, and masters, engineers, firemen and deck hands, both when employed on the boats and when employed on the wharf or in the yard, including engine drivers, firemen, crane and/or winch drivers on pontoons; labourers, both when employed on and when employed off the boats; turnstile hands, ticket and change hands, wharf cleaners, passage attendants, wharf attendants, ship keepers, coaling hands, lavatory and cloakroom attendants, night officers, tramway employees (other than engine drivers) and storekeepers, whether employed on the ferry boats or in connection with ferry services; all in the harbours of the State;

excepting employees on the National Ferries; and excepting also employees of –

 

The Maritime Services Board of New South Wales;

The Council of the City of Newcastle;

State Rail Authority of New South Wales and Urban Transit Authority of New South Wales.

 

F. MARKS J.

 

 

 

____________________

 

 

 

Printed by the authority of the Industrial Registrar.

 

 

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