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
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Award/
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Date of
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Date of Taking
Effect
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Industrial
Gazette
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Variation
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Publication
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Serial No.
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Vol
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Page
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Award
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C1031
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12/04/2002
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On 27/07/2001
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331
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875
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6 (v) & Part B
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C1042
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12/04/2002
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First pay period on or after 03/12/2001
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332
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1002
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6(v) & Part B
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C1704
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28/02/2003
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First pay period on or after 03/12/2002
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338
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610
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6 & Part B
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C2477
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19/03/2004
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First pay period on or after 03/12/2003
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343
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97
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6, Part B
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C3697
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22/07/2005
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First pay period on or after 21/04/2005
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352
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780
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Arrangement, 3A
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C4771
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06/10/2006
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From 21/03/2006
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361
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251
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6, Part B
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C4940
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15/12/2006
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First pay period on or after 27/07/2006
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361
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1245
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Arrangement,
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C5556
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27/07/2007
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On and from 19/12/2005
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363
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177
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13, 13A, 19
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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
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At 16 years of age and under 17 years of age
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50
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At 17 years of age and under 18 years of age
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60
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At 18 years of age and under 19 years of age
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75
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At 19 years of age and under 20 years of age
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89
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(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.