(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.
(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:
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:
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
|
|
|
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
|
|
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.