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New South Wales Industrial Relations Commission
(Industrial Gazette)





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Marine Charter Vessels (State) Award
  
Date01/27/2012
Volume372
Part1
Page No.420
DescriptionAR - Award Reprint (Consolidation)
Publication No.C7718
CategoryAward
Award Code 007  
Date Posted01/25/2012

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(007)

SERIAL C7718

 

MARINE CHARTER VESSELS (STATE) AWARD

 

award REPRINT

 

This reprint of the abovementioned award is published by the authority of the Industrial Registrar under section 390 of the Industrial Relations Act 1996, and under Rule 6.6 of the Industrial Relations Commission Rules 2009.

 

I certify that the form of this reprint, incorporating the variations set out in the schedule, is correct as at the latest date of effect therein mentioned.

 

 

 

 

G. M. GRIMSON  Industrial Registrar.

 

 

Schedule of Award and Variations Incorporated

 

Clause

Award/

Date of

Date of Taking Effect

Industrial Gazette

 

Variation

Publication

 

 

 

Serial No.

 

 

 

 

 

 

 

Vol

Page

Award

C1031

12/04/2002

On 27/07/2001

331

875

6 (v) & Part B

C1042

12/04/2002

First pay period on or after 03/12/2001

332

1002

6(v) & Part B

C1704

28/02/2003

First pay period on or after 03/12/2002

338

610

6 & Part B

C2477

19/03/2004

First pay period on or after 03/12/2003

343

97

6, Part B

C3697

22/07/2005

First pay period on or after 21/04/2005

352

780

Arrangement, 3A

C4771

06/10/2006

From 21/03/2006

361

251

6, Part B

C4940

15/12/2006

First pay period on or after 27/07/2006

361

1245

Arrangement,

C5556

27/07/2007

On and from 19/12/2005

363

177

13, 13A, 19

 

 

 

 

 

 

Arrangement

 

PART A

 

Clause No.        Subject Matter

 

1.        Anti-Discrimination

2.        Definitions

3.        Engagement

3A.     Secure Employment

4.        Hours

5.        Meal Intervals

6.        Wages

7.        Overtime

8.        Rest Day and Holiday Rates

9.        Rest Break

10.       Physical Exhaustion

11.       Annual Leave

12.       Sick Leave

13.       Bereavement Leave

13A.   Parental Leave

14.       Uniforms

15.       Mixed Functions

16.       Travel Arrangements

17.       Compensation for Personal Effects

18.       Dispute Settlement Procedure

19.       Personal/Carer's Leave

20.       Undertaking

21.       Structural Efficiency - Flexibility

22.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

Table 2 - Others Rates and Allowances

 

PART A

 

1.  Anti-Discrimination

 

1.1      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, age and responsibilities as a carer.

 

1.2      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.

 

1.3      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.

 

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

 

(a)      any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)      offering or providing junior rates of pay to persons under 21 years of age;

 

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

 

(d)      a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

1.5      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.

 

NOTES

 

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

 

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

 

"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."

 

2.  Definitions

 

(i)       "Charter vessel" means a vessel engaged wholly or principally within the limits of bays, harbours and rivers as a tourist, sightseeing or cruise vessel and/or as a place of or for entertainment, functions or restaurant purposes, but does not include a vessel on which overnight accommodation for crew or passengers is available and used.

 

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

 

(iii)      "Engineer" means an appropriately qualified marine engineer employed on a charter vessel.

 

(iv)      "General purpose hand" means an appropriately qualified person, other than a master or engineer, employed on a charter vessel to perform duties associated with its operation or maintenance.

 

3.  Engagement

 

Masters, engineers and general purpose hands may be engaged indefinitely or for casual work only, provided that no casual employee shall be engaged or paid for less than four hours' work on any one day. In the case of indefinite engagements, in the absence of any contrary agreement, employment shall be terminated by one week's notice on either side given at any time during the week or by payment or forfeiture of one week's wage, as the case may be, provided that an employer may dismiss any employee, without notice, for misconduct.

 

Notwithstanding anything contained in this clause, where the employer terminates the employment of an employee on an indefinite hire (other than for misconduct or neglect of duty) within one month from the date of the employee's engagement, the employee shall be entitled to an additional payment equal to the difference between the casual and the weekly rates of pay set out in clause 6, Wages, for the period worked by him or her, less any amounts paid in respect of holidays not worked and days on sick leave.

 

3A.  Secure Employment

 

3A.1.  Objective of this Clause

 

The objective of this clause is for the employer to take all reasonable steps to provide its employees with secure employment by maximising the number of permanent positions in the employer’s workforce, in particular by ensuring that casual employees have an opportunity to elect to become full-time or part-time employees.

 

3A.2.  Casual Conversion

 

3A.2.1.          A casual employee engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment under this Award during a calendar period of six months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause.

 

3A.2.2.          Every employer of such a casual employee shall give the employee notice in writing of the provisions of this sub-clause within four weeks of the employee having attained such period of six months. However, the employee retains his or her right of election under this subclause if the employer fails to comply with this notice requirement.

 

3A.2.3.          Any casual employee who has a right to elect under paragraph 3A.2.1, upon receiving notice under paragraph 3A.2.2 or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to the employer that he or she seeks to elect to convert his or her ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the employee, the employer shall consent to or refuse the election, but shall not unreasonably so refuse. Where an employer refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee concerned, and a genuine attempt shall be made to reach agreement. Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

3A.2.4.          Any casual employee who does not, within four weeks of receiving written notice from the employer, elect to convert his or her ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion.

 

3A.2.5.          Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with the employer.

 

3A.2.6.          If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph 3A.2.3, the employer and employee shall, in accordance with this paragraph, and subject to paragraph 3A.2.3, discuss and agree upon:

 

3A.2.6.1.       whether the employee will convert to full-time or part-time employment; and

 

3A.2.6.2.       if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked either consistent with any other part-time employment provisions of this award or pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);

 

Provided that an employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed between the employer and the employee.

 

3A.2.7.          Following an agreement being reached pursuant to paragraph 3A.2.6, the employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

3A.2.8.          An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

 

3A.3.  Occupational Health and Safety

 

3A.3.1.          For the purposes of this subclause, the following definitions shall apply:

 

3A.3.1.1.       A "labour hire business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to another employer for the purpose of such staff performing work or services for that other employer.

 

3A.3.1.2.       A "contract business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which is contracted by another employer to provide a specified service or services or to produce a specific outcome or result for that other employer which might otherwise have been carried out by that other employer’s own employees.

 

3A.3.2.          Any employer which engages a labour hire business and/or a contract business to perform work wholly or partially on the employer’s premises shall do the following (either directly, or through the agency of the labour hire or contract business):

 

3A.3.2.1.       consult with employees of the labour hire business and/or contract business  regarding the workplace occupational health and safety consultative arrangements;

 

3A.3.2.2.       provide employees of the labour hire business and/or contract business with appropriate occupational health and safety induction training including the appropriate training required for such employees to perform their jobs safely;

 

3A.3.2.3.       provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to their own employees; and

 

3A.3.2.4.       ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks.

 

3A.3.3.          Nothing in this subclause 3A.3 is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Occupational Health and Safety Act 2000 or the Workplace Injury Management and Workers Compensation Act 1998.

 

3A.4.  Disputes Regarding the Application of this Clause

 

Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the disputes settlement procedure of this award.

 

3A.5.  This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by the relevant State Training Authority to comply with the national standards for Group Training Organisations established by the ANTA Ministerial Council.

 

4.  Hours

 

The ordinary hours of work for employees other than casuals shall:

 

(i)       not exceed 40 hours per week;

 

(ii)      be worked between the hours of 7.00 a.m. on one day and 2.00 a.m. on the next day;

 

(iii)      be worked on Monday to Saturday in any week or during any other six-day period in any week mutually agreed upon between an employer and employee or of which period the employer has given at least 14 days' written notice to the employee; and

 

(iv)     be a minimum of four hours and a maximum of 12 hours on any one day within the spread of hours prescribed in subclause (ii) of this clause.

 

5.  Meal Intervals

 

(a)      Employees shall be provided with luncheon and/or dinner of the standard enjoyed by passengers. A suitable meal break shall be mutually agreed upon by the employer and the employee so as not to disrupt the service of the vessel, nor duly extend the period between meals for the employee.

 

(b)      When an employee is required to work overtime in excess of one and a half hours before or after the usual commencing time, the employee shall be provided free of cost with suitable meal and shall be provided with a further suitable meal every four hours thereafter while overtime continues or be paid in lieu thereof as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

6.  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 general purpose hands: The minimum rates of pay of junior general purpose hands shall be the following percentages of the rates of pay prescribed for general purpose hands in subclause (i) of this clause. Such percentages shall be calculated to the nearest five cents, any broken part of five cents in the result not exceeding half of five cents being disregarded:

 

 

Percentages

At 16 years of age and under 17 years of age 

50

At 17 years of age and under 18 years of age 

60

At 18 years of age and under 19 years of age 

75

At 19 years of age and under 20 years of age 

89

 

(iii)      Special Allowances -

 

(a)      An employee who is a holder of a Certificate of Competency as a Marine Motor Engineer shall be paid an allowance as set out in Item 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for each day or part of a day during which he/she is required to use such a certificate.  The allowance prescribed by this subclause shall, when paid, be deemed to be part of the ordinary rate of wages for the purpose of calculating overtime, annual leave, sick leave and long service leave.

 

(b)      Casual employees shall be paid at the rate of ordinary time plus 20 per cent for all work performed within the ordinary hours of work prescribed by clause 4, Hours. When a casual employee is required to work overtime, they shall be provided free of cost with a suitable meal and be provided with a further suitable meal every four hours thereafter while overtime continues.

 

(iv)      An employee under 21 years of age who holds a Master's Certificate and is employed to perform the duties of a master shall be paid the appropriate rate of pay for a master prescribed by subclause (i) of this clause.

 

(v)      The rates of pay in this award include the adjustments payable under the State Wage Case 2005.  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.

 

7.  Overtime

 

All work performed in excess of either ten hours per day or 40 hours per week shall be paid for at the rate of time and one-half for the first two hours and double time thereafter.

 

8.  Rest Day and Holiday Rates

 

(i)       At the commencement of employment or as soon as practicable thereafter, an employer will inform each employee, other than a casual, which day of the week will be the employee's rest day. An employee's rest day may be altered by agreement with the employee or by the employer giving at least 14 days' written notice to the employee.

 

(ii)       For all time worked by an employee on a rest day, time and one-half shall be paid for a minimum of four hours.

 

(iii)      Employees required to work on Christmas Day shall be paid treble time for a minimum of four hours.

 

(iv)      Indefinite employees required to work on public holidays, other than Christmas Day (in respect of which the provisions of subclause (iii) of this clause apply), shall be paid ordinary time and have an extra day added to their annual leave entitlement or, alternatively, be paid double time for such work.

 

(v)      For the purpose of this clause, the following days shall be public holidays: New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Eight-hour Day, Christmas Day, Boxing Day and all other days proclaimed as public holidays throughout the State of New South Wales.

 

(vi)      Where an employee is to be in employment for more than seven days, an employer shall give as much notice as is reasonably practicable to an employee of the times during which he/she is to work on days other than his/her rest days.

 

9.  Rest Break

 

An employee must be given at least nine consecutive hours off duty between ceasing work on one day and commencing work on the following day.

 

10.  Physical Exhaustion

 

Notwithstanding clause 9, Rest Break, should an employee work at the request of the employer after he/she has been on duty continuously for more than 18 hours, he/she shall be entitled to at least ten consecutive hours off duty between his/her ceasing work on one day and his/her commencing work on the following day and shall be entitled to be paid at the rate of double time for the period of such duties in addition to any other payment due to him/her until such time as the ten hours respite from duty commences.

 

11.  Annual Leave

 

(a)      Every employee shall be entitled, after 12 months' continuous service, to an annual holiday, paid at the ordinary weekly rates of four weeks per annum with a holiday loading of 17.5 per cent of the amount due. If the term of employment is less than 12 months, the pay due to the employee shall be 1/12 of the pay earned by him/her at ordinary rates during the period of employment but shall not include any loading.

 

(b)      Where an employee has been employed for a period longer than 12 months and has had his or her employment terminated by the employer for a cause other than misconduct and at the time of the termination has not been given and has not taken the whole of an annual holiday to which the employee is entitled, he or she shall be paid a loading calculated in accordance with subclause (a) of this clause for the period not taken.

 

12.  Sick Leave

 

An employee who has served continuously with the employer for not less than 13 weeks and who is unable to attend for duty during ordinary working hours for reasons 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 the time of such non-attendance, subject to the following:

 

(a)      He/she shall not be entitled to be 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 continuous employment to sick pay for more than ten days; provided that any employee with 12 months or more service shall be entitled to an additional ten days 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 as long as the employee's employment continues with the employer, so that any part of ten days which has not been allowed in any year may be claimed by the employee and 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.

 

13.  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 in 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 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 19, State Personal/Carer’s Leave Case - August 1996, 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) and (5) of the said Clause 19.  In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

(vi)      Bereavement entitlements for casual employees

 

(a)      Subject to the evidentiary and notice requirements in 13(ii) casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in subclause 19(c)(ii) of clause 19, Personal / Carer's Leave.

 

(b)      The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

 

(c)      An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not engage a casual employee are otherwise not affected.

 

13A.  Parental Leave

 

(1)      Refer to the Industrial Relations Act 1996 (NSW).  The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

 

(2)      An employer must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:

 

(a)      the employee or employee's spouse is pregnant; or

 

(b)      the employee is or has been immediately absent on parental leave.

 

The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

(3)      Right to request

 

(a)      An employee entitled to parental leave may request the employer to allow the employee:

 

(i)       to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks;

 

(ii)       to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

 

(iii)      to return from a period of parental leave on a part-time basis until the child reaches school age;

 

to assist the employee in reconciling work and parental responsibilities.

 

(b)      The employer shall consider the request having regard to the employee's circumstances and, provided the request is genuinely based on the employee's parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer's business.  Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

(c)      Employee's request and the employer's decision to be in writing

 

The employee's request and the employer's decision made under 3(a)(ii) and 3(a)(iii) must be recorded in writing.

 

(d)      Request to return to work part-time

 

Where an employee wishes to make a request under 3(a)(iii), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

 

(4)      Communication during parental leave

 

(a)      Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:

 

(i)       make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

 

(ii)       provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

 

(b)      The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee's decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.

 

(c)      The employee shall also notify the employer of changes of address or other contact details which might affect the employer's capacity to comply with paragraph (a).

 

14. Uniforms

 

(i)       Where employees are required to wear uniforms, these shall be provided by the employer at no cost to the employee or, in lieu thereof, the employer will pay to the employee the sum as set out in Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

(ii)       Casual employees: When a casual employee is engaged, the standard of dress of such employee shall be by mutual agreement between the employer and the employee, subject to the right of the employer to require a reasonable standard of dress.

 

(iii)      Each employee required to man a vessel not fitted with efficient devices for the protection of such employee from glare shall be provided with suitable sunglasses, free of cost, by the employer.

 

Sunglasses so provided shall be replaced by the employer upon satisfactory evidence that the loss, damage or destruction of the glasses was not caused by the negligence of the employee.

 

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 wage is herein prescribed, such employee shall, during the time he/she is so employed, be paid at the higher rate for the time he/she was so employed on any one day, with a minimum payment of four hours on any one day at the higher rate.

 

16.  Travel Arrangements

 

Where an employee is required to start or finish work outside the spread of hours provided in clause 4, Hours, and the employee does not have his or her own means of transport or public transport is not readily available, the employer shall provide transport or, if such transport is not provided, the employee shall be allowed travelling time at ordinary rates to the extent of one hour each way.

 

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, such equipment being necessary for the performance of his/her duties, the employer shall compensate the employee for such damage or loss by cash payment equivalent to the value thereof to a maximum of an amount as set out in Item 4 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 loss is recovered through workers' compensation insurance.

 

18.  Dispute Settlement Procedure

 

The procedure for the resolution of grievances and industrial disputation concerning matters arising under this award shall be in accordance with the following procedural steps:

 

(i)       Procedure relating to a grievance of an individual employee:

 

(a)      The employee shall notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.

 

(b)      The grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

(c)      Reasonable time limits must be allowed for discussion at each level of authority.

 

(d)      At the conclusion of the discussion, the employer must provide a response to the employee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.

 

(e)      While a procedure is being followed, normal work must continue. No party shall be prejudiced as to the final settlement by the continuation of work in accordance with this subclause.

 

(f)       The employer may be represented by an industrial organisation of employers and the employee may be represented by an industrial organisation of employees for the purpose of each procedure.

 

(ii)       Procedure for a dispute between an employer and the employees -

 

(a)      A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

(b)      Reasonable time limits must be allowed for discussion at each level of authority.

 

(c)      While a procedure is being followed, normal work must continue. No party shall be prejudiced as to the final settlement by the continuation of work in accordance with this subclause.

 

(d)      The employer may be represented by an industrial organisation of employers and the employees may be represented by an industrial organisation of employees for the purpose of each procedure.

 

19. 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 19(c)(ii) 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 at clause 12, Sick Leave of the award, for absences to provide care and support for such persons when they are ill, or who require care due to an unexpected emergency. Such leave may be taken for part of a single day.

 

(b)      The employee shall, if required,

 

(1)      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, or

 

(2)      establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

 

In normal circumstances, an employee must not take carer's leave under this subclause where another person had 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 a 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 a de facto partner of that employee on a bona fide domestic basis;  or

 

(e)      a relative of the employee who is 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 or 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.

 

Note: In the unlikely event that more than 10 days sick leave in any year is to be used for caring purposes the employer and employee shall discuss appropriate arrangements which, as far as practicable, take account of the employer’s and employee’s requirements.

 

Where the parties are unable to reach agreement the disputes procedure at clause 18, Dispute Settlement Procedure, should be followed.

 

(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 class of person set out in 19(c)(ii) above who is ill or who requires care due to an unexpected emergency.

 

(3)      Annual Leave

 

(a)      An employee may elect, with the consent of the employer to take annual leave not exceeding ten 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.

 

(d)      An employee may elect with the employers agreement to take annual leave at any time within a period of 24 months from the date at which it falls due.

 

(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)      Personal Carers Entitlement for casual employees -

 

(1)      Subject to the evidentiary and notice requirements in 19(1)(b) and 19(d) casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in subclause 19(c)(ii) of this clause who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.

 

(2)      The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

 

(3)      An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.

 

20.  Undertaking

 

Captain Cook Cruises Pty Limited undertakes that full-time employees covered by this award, working on regular scheduled cruises, if required to work on Sundays (either on scheduled or non-scheduled cruises) will be paid double time and that the company will give full-time employees the opportunity to work on Sundays consistent with current arrangements.

 

21.  Structural Efficiency - Flexibility

 

(i)       It is a term of this award that the restructuring principles allow the employers to be able to allocate duties for variation of endeavours and learning, productivity and economy. It is agreed that these benefits must take precedence over areas of demarcation.

 

(ii)       It is agreed that no employee complying with the provisions of this clause shall be deemed by any entity to be in breach of the union's rules.

 

(iii)      It is agreed, for the purpose of harmony on board and variation in tasks, that "stated duties" be given to persons covered by this award, in addition to the traditional and lawful responsibilities.

 

(a)      Master's direction -

 

(1)      The union agrees that the master may direct a general purpose hand, or any other person, to perform any task related to the safe navigation of the vessel or the work he/she is engaged in.

 

(2)      Where the safety of the vessel is a factor, the master may direct anyone to do any duty as is lawful and prudent.

 

(3)      Where any person covered by this award is called upon by the employer to perform any task outside of his/her stated duties, it will be with the consent and knowledge of the master, who may object only on the grounds of safe navigation or safe and lawful conduct of the vessel.

 

(b)      Management -

 

(1)      Where "stated duties" of crew have been given and any objections have been settled, persons covered by this award will perform the duties as directed by the employer.

 

(2)      Persons representing the employer as management are recognised as having responsibilities to the employer, principally in the navigation areas of the ship's operations.

 

(c)      Underway -

 

(1)      Where management requires persons covered by this award to perform some duty not covered by their "stated duties", it shall be done with the consent and knowledge of the master, while the vessel is underway or in his/her charge.

 

(2)      Should an employer direct and the agreement of the master be gained, the employer may direct any person covered by this award to perform any task in addition to those stated above.

 

(d)      Remuneration -When a person covered by this award is called upon to do any work outside subparagraphs (1) and (2) of paragraph (a) for a period exceeding one hour, where a higher rate of pay is prescribed, such employees shall, during the time he/she is so employed, be paid at the higher rate for the time so employed, with a minimum payment of four hours on any one day at the higher rate.

 

22.  Area, Incidence and Duration

 

22.1    This award shall apply to masters, engineers and general purpose hands, as defined in clause 2, Definitions, employed on charter vessels as defined in the said clause 2.

 

22.2    This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Marine Charter Vessels (State) Award published on 29 September 1995 (288 IG 222), and all variations thereof.

 

22.3    The award published 29 September 1995 took effect from the beginning of the first pay period to commence on or after 29 June 1995

 

22.4    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 I.G. 307) take effect on 27 July 2001.

 

22.5    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

 

Classification

Former Rate

SWC - June

Total

 

Per Week

2005

Wage

 

 

Per Week

Per Week

 

$

$

$

Master (vessels 35m and over)

663.80

17.00

680.80

Engineer (vessels 35m and over)

663.80

17.00

680.80

Master (vessels 20m and over)

594.10

17.00

611.10

Engineer (vessels 20m and over)

594.10

17.00

611.10

Master (vessels under 20m but 18.25 and over)

581.90

17.00

598.90

Engineer (vessels under 20m but 18.25 and

 

 

 

over

581.90

17.00

598.90

Master (vessels under 18.25m)

578.60

17.00

595.60

General - purpose Hand

522.70

17.00

539.70

 

Table 2 - Other Rates and Allowances

 

Item No.

Clause No.

Brief Description

Amount

 

 

 

$

1

5(b)

Meal Allowance

9.90

2

6(iii)(a)

Certificate of Competency (per day or part thereof)

4.00

3

14(i)

Uniforms

12.64

4

17

Compensation for Personal Effects

995.64

 

 

 

____________________

 

 

 

Printed by the authority of the Industrial Registrar.

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