State Transit Authority of New South Wales Ferries (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 260 of 2012)

 

 

REVIEWED AWARD

 

PART A

 

1.  Arrangement

 

Clause No.       Subject Matter

 

1.        Arrangement

2.        Definitions

3.        Engagement and Dismissal

4.        Hours

5.        Wages

6.        Overtime, Saturdays and Sundays

7.        Special Rates for Outside Work

8.        Night and/or Shift Rates

9.        Annual Leave

10.      Public Holidays

11.      Sick Leave

12.      Stand By on Sunday and Public Holidays

13.      Rosters

14.      Equalisation of Weekend Work

15.      Casual General Purpose Hands (Shipkeepers)

16.      Payment of Wages

17.      Uniforms and Protective Clothing

18.      Amenities, Crib Break, Meal Allowances, etc.

19.      Travelling Allowances

20.      Extra Duties and Special Work

21.      Time Allowance

22.      Long Service Leave

23.      Personal/Carer’s Leave

24.      Bereavement Leave

24A.   Parental Leave

25.      Dispute Settling Procedure

26.      Anti-Discrimination

27.      Deduction of Union Membership Fees

28.      Area, Incidence and Duration

 

PART B

 

Table 1 - Wages

Table 2 - Other Rates and Allowances

 

2.  Definitions

 

2.1      "Afternoon Shift" means any shift finishing after 6 pm and at or before midnight.

 

2.2      "Coxswain" shall mean any person holding licences as a Marine Motor Driver and Coxswain, or certificates of a higher grade, who is engaged or employed as such.

 

2.3      "Day Shift" means any shift commencing before 6.30 am.

 

2.4      "Employer" means Sydney Ferries Corporation and the State Transit Authority of New South Wales."

 

2.5      "General Purpose Hand" shall mean any person other than a master, coxswain and engineer, assisting on or about a ferry howsoever engaged.

 

2.6      "Hour" means one thirty-eighth of a working week.

 

2.7      "Night Shift" means any shift finishing subsequent to midnight and at or before 8 am.

 

2.8      "Union" means the Seamens’ Union of Australia, New South Wales Branch

 

2.9      "Weekly employee" means an employee engaged by the week and paid fortnightly.

 

3.  Engagement and Dismissal

 

3.1      All employment, except in the case of casuals, shall be by the week, and such employment may be terminated by two weeks’ notice given on any day by the Employer or by the employee, or by the payment or forfeiture of two week’s wages in lieu of notice (as the case may be).

 

3.2      This clause shall not affect the right of the Employer to dismiss an employee, without any notice, for wilful and serious misconduct or neglect of duty.

 

4.  Hours

 

4.1      The ordinary hours of work shall be an average of 38 hours per week in a work cycle, to be arranged on the basis of not more than 80 hours in a fortnight, nor more than 44 hours in a week.

 

Excess ordinary time worked in a work cycle shall be accrued leisure time, which will be cleared by a rostering arrangement.

 

4.2      Time worked on a Sunday shall not count as ordinary time.

 

4.3      A working day shall consist of not less than six consecutive hours and not more than eleven consecutive hours except by arrangement between the Employer and the Union.

 

4.4      Any boat working more than eleven hours on a Sunday or any of the holidays specified in Clause 8, public holidays, of this award, shall work the period in two shifts except by agreement between the Employer and the Union.

 

4.5      Employees working at depots on shore work shall work forty hours per week, in five days, Monday to Friday inclusive, between the hours of 7.30am and 4 pm.

 

5.  Wages

 

5.1      Adults - The minimum weekly rates of pay are set out in Table 1 - Wages, of Part B, Monetary Rates, of this award.

 

5.2      Junior - The minimum rates of pay for general purpose hands shall be calculated as the following percentages of the minimum weekly rate of pay for a deckhand. Such rate shall be calculated to the nearest 10 cents, any broken part of ten cents less than five cents to be disregarded.

 

	Per cent
At 16 years and under 17 years of age	50
At 17 and under 18 years of age	60

 

5.3      General purpose hands at 18 years of age shall be entitled to the full adult rate of pay.

 

5.4      The rates of pay in this award include the adjustments payable under the State Wage Case 2003 and 2004.  These adjustments may be offset against:

 

5.4.1   any equivalent over-award payments; and/or

 

5.4.2   Award wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rates adjustments.

 

6.  Overtime, Saturdays and Sundays

 

6.1      All time worked in excess of 11 hours on any shift shall be paid at the rate of double time. All time worked in excess of 80 hours in a fortnight, or 44 hours in a week, shall be paid at the rate of time and one-half for the first two hours and double time thereafter: Provided that all time worked before the ordinary starting time or after the ordinary finishing time shall be overtime paid at the rate of time and one-half for the first two hours and double time thereafter.

 

6.2      All time worked on a rostered day off shall be paid for at the rate of time and one-half for the first two hours and at the rate of double time thereafter.

 

6.3      All time worked during the ordinary hours of work between 12 midnight Friday and 12 midnight Saturday shall be paid for at the rate of time and one half.

 

6.4      For all time worked on a Saturday on which the employee has been rostered off, double time shall be paid.

 

6.5      All time worked on a Sunday shall be paid for at double time in addition to the employee’s ordinary weeks wages.

 

6.6      An employee recalled to work overtime after leaving his or her Employer’s premises, whether notified before or after leaving such premises, shall be paid for a minimum of six hours’ work at the appropriate rate for each time the employee is so recalled. Provided that when an employee is required, outside the employee’s ordinary working hours or shift, to shift a vessel(s) to a safe mooring owing to weather or other conditions, the employee shall be paid for such time worked at overtime rates with a minimum of four hours at such rates for such call out.

 

6.7      An employee who has worked overtime shall not be required to commence a new shift until the employee has had a break of at least ten hours, unless otherwise agreed between the Union and the Employer.

 

6.8      In the payment of overtime, calculations shall be made to the next half of an hour, excepting overtime incorporated in fixed rosters.

 

6.9      Subject to Clause 6.10, an employer may require an employee to work reasonable overtime at overtime rates

 

6.10    An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

 

6.11    For the purposes of Clause 6.10 what is unreasonable or otherwise will be determined having regard to:

 

6.11.1            any risk to employee health and safety

 

6.11.2            the employee’s personal circumstances including any family and carer responsibility

 

6.11.3            the needs of the workplace or enterprise

 

6.11.4            the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it and

 

6.11.5            any other relevant matter

 

7.  Special Rates for Outside Work

 

7.1      Outside Allowances - All crewmembers will be paid an allowance of 12.6% of the weekly total rate for a master outer harbour (Manly) service for the following:

 

7.1.1   Free running trips between Sydney and Botany.

 

7.1.2   Trial voyages, within five kilometres radius of Port Jackson and Port Hunter.

 

7.2      Free running voyages between Port Jackson and Newcastle or Port Kembla -

 

7.2.1   Rates of Pay - For each day including Saturdays, Sundays and Public Holidays on which an employee, engaged on work covered by this clause, shall be entitled to the rate set out in Item 1 of Table 2 - Other Rates and Allowances, for their classification.

 

Juniors shall be paid at the following percentages:

 

	Percentage of
Adult rate
At 16 and under 17 years of age	50
At 17 and under 18 years of age	60

 

7.2.2   Where meals are not provided by the Employer, an allowance as set out in Item 2 of Table 2 - Other Rates and Allowances, will be paid to each crew member.

 

7.3      Cruising Outside Harbour Limits -

 

7.3.1   This part shall apply to all crew on ferries when the ferry proceeds to sea on a special voyage outside the harbour limits.

 

7.3.2   Leading General purpose hands shall be paid a minimum of 75 per cent of the prescribed in Item 1 Table 2 - Other Rates and Allowances.

 

7.3.3   General purpose hands shall be paid a minimum of 75 per cent of the rate prescribed in Item 1 Table 2 - Other Rates and Allowances.

 

7.3.4   General purpose hands (Greaser) shall be paid a minimum of 75 per cent of the rate prescribed in Item 1 Table 2 - Other Rates and Allowances.

 

7.3.5   It shall be payable from the time the ferry leaves the wharf to proceed to sea on the special voyage until it ties up at the wharf at the termination of the voyage.

 

7.3.6   For all hours worked outside the Special voyage, rates prescribed in Clause 6, Overtime, Saturdays and Sundays, of this award, shall apply.

 

7.3.7   Employees shall be provided free of cost with a suitable meal of the standard supplied to passengers. Where meals are not provide by the Employer, a daily allowance as set out in Item 3 of Table 2 - Other Rates and Allowances, shall be paid to each crew member.

 

7.3.8   In addition to Work Cover coverage, a personal insurance policy for $50,000.00 shall be provided for each employee engaged in outside voyages.

 

7.3.9   All deck crew members will be paid a clean up allowance as set out in Item 4 of Table 2 - Other Rates and Allowances, per special voyage.

 

8.  Night and/Or Shift Rates

 

8.1      Employees engaged on day shift shall be paid a shift allowance of 10 per cent more than their ordinary rate of pay. In addition an employee who works on an afternoon or night shift shall be paid a shift allowance of 15 per cent more than their ordinary rate of pay. Such shift allowance of 10 per cent and 15 per cent more than the ordinary rate of pay shall be paid for work performed on the appropriate shift on a Saturday, Sunday or Public Holiday. Such rates shall be calculated weekly to the nearest 5 cents and any broken part of 5 cents in the result not exceeding 2 cents shall be disregarded.

 

8.2      Broken shifts may be worked by arrangement between the Employer and the Union, provided that any employee who works a broken shift shall be paid at the rate of 13.75 per cent of the total daily rate in addition to the daily rate of pay.

 

9.  Annual Leave

 

9.1      Employees shall be entitled to annual leave on the same terms and conditions as those applicable to other employees of the Employer working similar rosters.

 

10.  Public Holidays

 

10.1    The following days shall be deemed holidays and shall be allowed without deduction of pay - New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day, Boxing Day, Picnic Day, and all other days proclaimed as public holidays in the state of New South Wales.

 

10.2    For all time worked on any public holiday except Christmas Day, double time and one-half shall be paid. For all time worked on Christmas Day, triple time shall be paid.

 

11.  Sick Leave

 

11.1    An employee on weekly hire shall be entitled to sick leave as prescribed in the Transport Administration Act 1988.

 

12.  Stand By on Sunday and Public Holidays

 

12.1    Employees called on to attend and who do attend for duty on a Sunday or on a public holiday specified in Clause 10, Public Holidays, of this award, and such ferry or ferries do not go into commission, shall be paid a minimum of 6 hours’ pay at Public Holiday rates.

 

13.  Rosters

 

13.1    Except in cases of emergency or emergencies, or in respect of time worked on a Sunday, the Employer shall prepare a roster showing the ordinary starting times and finishing times of employees, and such roster shall be posted in time to give employees at least seven days’ notice of this rostered work.

 

14.  Equalisation of Weekend Work

 

14.1    All employees required to work on a Sunday shall do so by regular rotation, so that time off shall, as far as possible, be distributed equally.

 

14.2    All employees shall work an equal amount of overtime as far as it is possible to arrange.

 

15.  Casual General Purpose Hands (Shipkeepers)

 

15.1    Casual General Purpose hands (Shipkeepers) may be employed in case of emergency or for the purpose of relieving regular hands, and shall be paid for all time worked at the current hourly rate of Shipkeepers plus 20 per cent, with a minimum engagement of 6 hours.

 

15A.  Secure Employment

 

15A.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.

 

15A.2. Casual Conversion

 

15A.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.

 

15A.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.

 

15A.2.3.        Any casual employee who has a right to elect under paragraph 8A.2.2, upon receiving notice under paragraph 8A.2.1 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.

 

15A.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.

 

15A.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.

 

15A.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 8A.2.3, the employer and employee shall, in accordance with this paragraph, and subject to paragraph 8A.2.3, discuss and agree upon:

 

15A.2.6.1.      whether the employee will convert to full-time or part-time employment; and

 

15A.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.

 

15A.2.7.        Following an agreement being reached pursuant to paragraph 18A.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.

 

15A.2.8.        An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

 

15A.3. Occupational Health and Safety

 

15A.3.1.        For the purposes of this subclause, the following definitions shall apply:

 

15A.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.

 

15A.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.

 

15A.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):

 

15A.3.2.1.      consult with employees of the labour hire business and/or contract business  regarding the workplace occupational health and safety consultative arrangements;

 

15A.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;

 

15A.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

 

15A.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.

 

15A.3.3.        Nothing in this subclause 8A.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.

 

15A.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.

 

15A.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.

 

16.  Payment of Wages

 

16.1    Wages, overtime, penalty rates and Sunday rates shall be paid fortnightly. Provided that if any employee fails to work on any day or part of a day when work has been provided, the Employer shall be entitled to make a proportionate deduction from the employee’s wage.

 

16.2    All wages shall be paid on pay day to all employees making application during working hours or within fifteen minutes after ceasing time; otherwise overtime shall be paid with a minimum payment of one-  quarter of an hour. Provided that such overtime be paid only whilst the employee is actually waiting at the place appointed for the payment of wages.

 

17.  Uniforms and Protective Clothing

 

17.1    Protective clothing shall be supplied by agreement between the Employer and the Union.

 

17.2    General purpose hands shall be provided with sunglasses by the Employer where they are required to be directly associated with the navigation of a vessel.

 

17.3    Where an employee is required to wear a uniform such uniform shall be supplied by the Employer free of cost to the employee.

 

17.4    Suitable gloves are to be provided only when an employee is engaged on unusually rough or dirty work.

 

18.  Amenities, Crib Break, Meal Allowances , Etc.

 

18.1    Cashiers shall be supplied with hand towels for personal use on the job by the Employer free of charge.

 

18.2    All employees shall be given a crib break of twenty minutes for the purpose of having a meal, not more than 5 hours after commencement of their shift.

 

18.3    All employees required to work overtime one hour and one-half before their normal starting time and after their normal ceasing time shall be supplied with a suitable meal or shall be paid the amount set out in Item 2 Table 2 - Other Rates and Allowances for each meal.

 

18.4    The present arrangement in respect of cookers and utensils will be continued.

 

18.5    Employees employed at the depot at Balmain yard shall be allowed thirty minutes interval for a midday meal between 12 noon and 1 pm.

 

18.6    A morning tea break of ten minutes shall be allowed to all employees at the depot at Balmain yard.

 

19.  Travelling Allowances

 

19.1    Employees engaged on inner-harbour services, who are required to work, commencing or finishing between midnight and 5 am. both times inclusive, shall be provided with a conveyance by the Employer, or the Employer shall pay the employee for the time spent in reaching their home or place of work at appropriate rates of pay with a minimum of half an hour and a maximum of one hour.

 

19.1.1            Employees required to start or finish at a place other than their normal starting or finishing place shall be paid half an hour at the appropriate rate.

 

19.1.2            All fares reasonably incurred in such travelling time shall be paid for by the Employer.

 

19.1.3            Subject to sub-clause 19.1.4 where an employee is required to commence duty before their normal rostered starting time and/or ceases duty after their normal rostered time and normal transport facilities are not available they shall be provided with a suitable conveyance at the Employer’s expense, or shall be paid at ordinary rates of pay for all time spent travelling to and from their home, calculated by the quickest route and means of travel then available.

 

19.1.4            When an employee is required to take up duty within ten hours of the ordinary ceasing time of their previous shift, or, by reason of their shift and normal transport facilities not being available, is required to sleep on board, the Employer shall provide reasonable sleeping accommodation including bed, bunk or hammock, mattress, pillows and blankets, lockers and sleeping facilities.

 

20.  Extra Duties and Special Work

 

20.1    In cases of emergency employees shall at all times do whatever may be required of them to secure the safety of passengers and vessels.

 

20.2    An Employer may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence and training consistent with the classification structure of this award.

 

20.3    Where 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 the employee 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.

 

20.4    Special work: When an employee is required to do any work on repairs or maintenance of the ferry or ferries outside their ordinary rostered hours such work shall be deemed to be special work and the employee shall be paid at overtime rates, on the basis of the work performed, for the period during which they are employed.

 

21.  Time Allowance

 

21.1    In the case of motor vessels one hour shall be allowed for warming engines.

 

22.  Long Service Leave

 

22.1    An employee on weekly hire shall be entitled to the long service leave as prescribed by the Transport Administration Act 1988 (as amended).

 

23.  Personal/Carer’s Leave

 

23.1    Use of Sick Leave

 

23.1.1            An employee, other than a Casual Employee, with responsibilities in relation to a class of person set out in subclause 23.1.3(b), 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.

 

23.1.2            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.

 

23.1.3            The entitlement to use sick leave in accordance with this subclause is subject to:

 

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

 

(b)      the person concerned being:

 

(i)       a spouse of the employee; or 

 

(ii)       a de facto spouse being a person of the opposite sex to the employee who lives with the employee as her husband or his wife on a bona fide domestic basis although not legally married to that employee; or 

 

(iii)      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 or legal guardian), grandparent, grandchild or sibling of the employee or

 

(iv)      a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or a relative      of the employee who is a member of the same household, where for the purposes of this definition:

 

"relative" means a person related by blood, marriage, affinity or Aboriginal kinship structures; 

 

affinity" means a relationship that one spouse or partner has to the relatives of the other; and

 

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

 

23.1.4            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.

 

23.2    Unpaid Leave for Family Purpose

 

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 subclause 23.1.3(b) who is ill.

 

23.3    Annual Leave

 

23.3.1            An employee may elect with the consent of the Employer, subject to the Annual Holidays Act 1944, 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.

 

23.3.2            Access to annual leave, as prescribed in subclause 23.3.1, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

23.3.3            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.

 

23.3.4            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

 

23.4    Time Off in Lieu of Payment for Overtime

 

23.4.1            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.

 

23.4.2            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.

 

23.4.3            If, having elected to take time as leave in accordance with subclause 23.4.1, 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.

 

23.4.4            Where no election is made in accordance with the subclause 23.4.1, the employee shall be paid overtime rates in accordance with the award.

 

23.5    Make-up Time

 

23.5.1            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.

 

23.5.2            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.

 

23.6    Rostered Days Off

 

23.6.1            An employee may elect, with the consent of the Employer, to take a rostered day off at any time.

 

23.6.2            An employee may elect, with the consent of the Employer, to take rostered days off in part day amounts.

 

23.6.3            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.

 

23.6.4            This subclause is subject to the Employer informing the Union of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the Union to participate in negotiations.

 

23.7    Personal Carers Entitlement for casual employees

 

23.7.1            Subject to the evidentiary and notice requirements in subclauses 23.1.2 and 23.1.4 casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed for the purposes in subclause 23.1.3 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.

 

23.7.2            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.

 

23.7.3            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."

 

24.  Bereavement Leave

 

24.1    An employee shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in 24.3 below.

 

24.2    The employee must notify the Employer as soon as practicable of the intention to take bereavement leave and will, if required by the Employer, provide to the satisfaction of the Employer proof of death.

 

24.3    Bereavement leave shall be available to the employee in respect of the death of a person prescribed for the purposes of Personal/Carer’s Leave in subclause 23.1.3, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

24.4    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.

 

24.5    Bereavement leave may be taken in conjunction with other leave available under subclauses 23.2, 23.3, 23.4, 23.5, 23.6. In determining such a request the Employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

24.6    Bereavement entitlements for casual employees

 

24.6.1            Subject to the evidentiary and notice requirements in sub-clause 24.2 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 23.1.3 of Clause 23.1 Personal/Carers Leave

 

24.6.2            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

 

24.6.3            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 engage a casual employee are otherwise not affected."

 

24A.  Parental Leave

 

(1)      The following provisions shall apply in addition to those set out in the Part 4 of 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).

 

25.  Dispute Settling 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:

 

25.1    Procedure relating to a grievance of an individual employee:

 

25.1.1            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.

 

25.1.2            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.

 

25.1.3            Reasonable time limits must be allowed for discussion at each level of authority.

 

25.1.4            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.

 

25.1.5            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.

 

25.1.6            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.

 

25.2    Procedure for a dispute between an Employer and the employees -

 

25.2.1            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.

 

25.2.2            Reasonable time limits must be allowed for discussion at each level of authority.

 

25.2.3            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.

 

25.2.4            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.

 

26.  Anti-Discrimination

 

26.1    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.

 

26.2    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.

 

26.3    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.

 

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

 

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

 

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

 

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

 

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

 

26.5    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:

 

"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."

 

27.  Deduction of Union Membership Fees

 

27.1    The employer shall deduct Union membership fees from the pay of any employee who is a member of the Union in accordance with the Union's rules, provided that the employee has authorised the employer to make such deductions. Any such authorisation shall be in writing. Where the employee passes any such written authorisation to the Union, the Union shall not pass the written authorisation on to the employer without first obtaining the employee's consent to do so. Such consent may form part of the written authorisation.

 

27.2    Monies so deducted from employees' pay will be forwarded to the Union forthwith together will all necessary information to enable the reconciliation and crediting of subscriptions to employees' membership accounts.

 

27.3    Where an employee has already authorised the deduction of Union membership fees from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to commence or to continue.

 

27.4    The Union shall advise the employer of any change to the amount of membership fees made under its rules. The Union shall give the employer a minimum of one month's notice of any such change.

 

27.5    An employee may at any time revoke in writing an authorisation to the employer to make payroll deductions of Union membership fees.

 

27.6    Where an employee who is a member of the Union and who has authorised the employer to make payroll deductions of Union membership fees resigns his or her membership of the Union in accordance with the rules of the Union, the Union shall inform the employee in writing of the need to revoke in writing the authorisation to the employer in order for payroll deductions of union membership fees to cease.

 

28.  Area, Incidence and Duration

 

28.1    This award shall apply to in respect of the employment of General Purpose Hands, General Purpose Hands (greasers), General Purpose Hands (Shipkeepers), cashiers, coxswains and any other employees employed on ferries by the Employer.

 

28.2    This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the State Transit Authority of New South Wales Ferries (State) Award published 26 November 2004 (347 I.G. 505) and all variations thereof.

 

28.3    The award published 26 November 2004 took effect from the beginning of the first pay period to commence on or after 28 July 2004 and the variations thereof.

 

28.4    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 28 April 1999 (310 I.G. 359) take effect on and from 24 April 2012.

 

28.5    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	SWC - June 2003	SWC - June 2004	Total Rate
Classification	rate per week	per week	per week	per week
	$	$	$	$
General Purpose Hand	530.60	17.00	19.00	566.60
General Purpose Hand	530.60	17.00	19.00	566.60
(Greaser)
General Purpose Hand	530.60	17.00	19.00	566.60
(Shipkeeper)
Cashier	530.60	17.00	19.00	566.60
Coxswain	579.30	17.00	19.00	615.30

 

Table 2 - Other Rates and Allowances

 

Item No.	Clause No	Brief Description	Amount
			$
1	7.2.1	Free-running voyages between Port Jackson and Newcastle or	Daily rates
	7.3.2	Port Kembla
	7.3.3	General purpose hands	427.90
	7.3.4	Monitor	433.30
2	7.2.2	Free-running voyages between Port Jackson and Newcastle or	Per meal
	18.3	Port Kembla: meal allowance	8.00
3	7.3.7	Cruising outside harbour limits: meal allowance	Per meal
			8.00
4	7.3.8	Additional personal insurance	55147.00
4	7.3.9	Cruising outside harbour limits: special voyage clean-up money	Per voyage
		(deck crew members)	37.70

 

 

 

 

C. G. STAFF  J.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

State Transit Authority of New South Wales Ferries (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 260 of 2012)

 

 

REVIEWED AWARD

 

PART A

 

1.  Arrangement

 

Clause No.       Subject Matter

 

1.        Arrangement

2.        Definitions

3.        Engagement and Dismissal

4.        Hours

5.        Wages

6.        Overtime, Saturdays and Sundays

7.        Special Rates for Outside Work

8.        Night and/or Shift Rates

9.        Annual Leave

10.      Public Holidays

11.      Sick Leave

12.      Stand By on Sunday and Public Holidays

13.      Rosters

14.      Equalisation of Weekend Work

15.      Casual General Purpose Hands (Shipkeepers)

16.      Payment of Wages

17.      Uniforms and Protective Clothing

18.      Amenities, Crib Break, Meal Allowances, etc.

19.      Travelling Allowances

20.      Extra Duties and Special Work

21.      Time Allowance

22.      Long Service Leave

23.      Personal/Carer’s Leave

24.      Bereavement Leave

24A.   Parental Leave

25.      Dispute Settling Procedure

26.      Anti-Discrimination

27.      Deduction of Union Membership Fees

28.      Area, Incidence and Duration

 

PART B

 

Table 1 - Wages

Table 2 - Other Rates and Allowances

 

2.  Definitions

 

2.1      "Afternoon Shift" means any shift finishing after 6 pm and at or before midnight.

 

2.2      "Coxswain" shall mean any person holding licences as a Marine Motor Driver and Coxswain, or certificates of a higher grade, who is engaged or employed as such.

 

2.3      "Day Shift" means any shift commencing before 6.30 am.

 

2.4      "Employer" means Sydney Ferries Corporation and the State Transit Authority of New South Wales."

 

2.5      "General Purpose Hand" shall mean any person other than a master, coxswain and engineer, assisting on or about a ferry howsoever engaged.

 

2.6      "Hour" means one thirty-eighth of a working week.

 

2.7      "Night Shift" means any shift finishing subsequent to midnight and at or before 8 am.

 

2.8      "Union" means the Seamens’ Union of Australia, New South Wales Branch

 

2.9      "Weekly employee" means an employee engaged by the week and paid fortnightly.

 

3.  Engagement and Dismissal

 

3.1      All employment, except in the case of casuals, shall be by the week, and such employment may be terminated by two weeks’ notice given on any day by the Employer or by the employee, or by the payment or forfeiture of two week’s wages in lieu of notice (as the case may be).

 

3.2      This clause shall not affect the right of the Employer to dismiss an employee, without any notice, for wilful and serious misconduct or neglect of duty.

 

4.  Hours

 

4.1      The ordinary hours of work shall be an average of 38 hours per week in a work cycle, to be arranged on the basis of not more than 80 hours in a fortnight, nor more than 44 hours in a week.

 

Excess ordinary time worked in a work cycle shall be accrued leisure time, which will be cleared by a rostering arrangement.

 

4.2      Time worked on a Sunday shall not count as ordinary time.

 

4.3      A working day shall consist of not less than six consecutive hours and not more than eleven consecutive hours except by arrangement between the Employer and the Union.

 

4.4      Any boat working more than eleven hours on a Sunday or any of the holidays specified in Clause 8, public holidays, of this award, shall work the period in two shifts except by agreement between the Employer and the Union.

 

4.5      Employees working at depots on shore work shall work forty hours per week, in five days, Monday to Friday inclusive, between the hours of 7.30am and 4 pm.

 

5.  Wages

 

5.1      Adults - The minimum weekly rates of pay are set out in Table 1 - Wages, of Part B, Monetary Rates, of this award.

 

5.2      Junior - The minimum rates of pay for general purpose hands shall be calculated as the following percentages of the minimum weekly rate of pay for a deckhand. Such rate shall be calculated to the nearest 10 cents, any broken part of ten cents less than five cents to be disregarded.

 

	Per cent
At 16 years and under 17 years of age	50
At 17 and under 18 years of age	60

 

5.3      General purpose hands at 18 years of age shall be entitled to the full adult rate of pay.

 

5.4      The rates of pay in this award include the adjustments payable under the State Wage Case 2003 and 2004.  These adjustments may be offset against:

 

5.4.1   any equivalent over-award payments; and/or

 

5.4.2   Award wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rates adjustments.

 

6.  Overtime, Saturdays and Sundays

 

6.1      All time worked in excess of 11 hours on any shift shall be paid at the rate of double time. All time worked in excess of 80 hours in a fortnight, or 44 hours in a week, shall be paid at the rate of time and one-half for the first two hours and double time thereafter: Provided that all time worked before the ordinary starting time or after the ordinary finishing time shall be overtime paid at the rate of time and one-half for the first two hours and double time thereafter.

 

6.2      All time worked on a rostered day off shall be paid for at the rate of time and one-half for the first two hours and at the rate of double time thereafter.

 

6.3      All time worked during the ordinary hours of work between 12 midnight Friday and 12 midnight Saturday shall be paid for at the rate of time and one half.

 

6.4      For all time worked on a Saturday on which the employee has been rostered off, double time shall be paid.

 

6.5      All time worked on a Sunday shall be paid for at double time in addition to the employee’s ordinary weeks wages.

 

6.6      An employee recalled to work overtime after leaving his or her Employer’s premises, whether notified before or after leaving such premises, shall be paid for a minimum of six hours’ work at the appropriate rate for each time the employee is so recalled. Provided that when an employee is required, outside the employee’s ordinary working hours or shift, to shift a vessel(s) to a safe mooring owing to weather or other conditions, the employee shall be paid for such time worked at overtime rates with a minimum of four hours at such rates for such call out.

 

6.7      An employee who has worked overtime shall not be required to commence a new shift until the employee has had a break of at least ten hours, unless otherwise agreed between the Union and the Employer.

 

6.8      In the payment of overtime, calculations shall be made to the next half of an hour, excepting overtime incorporated in fixed rosters.

 

6.9      Subject to Clause 6.10, an employer may require an employee to work reasonable overtime at overtime rates

 

6.10    An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

 

6.11    For the purposes of Clause 6.10 what is unreasonable or otherwise will be determined having regard to:

 

6.11.1            any risk to employee health and safety

 

6.11.2            the employee’s personal circumstances including any family and carer responsibility

 

6.11.3            the needs of the workplace or enterprise

 

6.11.4            the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it and

 

6.11.5            any other relevant matter

 

7.  Special Rates for Outside Work

 

7.1      Outside Allowances - All crewmembers will be paid an allowance of 12.6% of the weekly total rate for a master outer harbour (Manly) service for the following:

 

7.1.1   Free running trips between Sydney and Botany.

 

7.1.2   Trial voyages, within five kilometres radius of Port Jackson and Port Hunter.

 

7.2      Free running voyages between Port Jackson and Newcastle or Port Kembla -

 

7.2.1   Rates of Pay - For each day including Saturdays, Sundays and Public Holidays on which an employee, engaged on work covered by this clause, shall be entitled to the rate set out in Item 1 of Table 2 - Other Rates and Allowances, for their classification.

 

Juniors shall be paid at the following percentages:

 

	Percentage of
Adult rate
At 16 and under 17 years of age	50
At 17 and under 18 years of age	60

 

7.2.2   Where meals are not provided by the Employer, an allowance as set out in Item 2 of Table 2 - Other Rates and Allowances, will be paid to each crew member.

 

7.3      Cruising Outside Harbour Limits -

 

7.3.1   This part shall apply to all crew on ferries when the ferry proceeds to sea on a special voyage outside the harbour limits.

 

7.3.2   Leading General purpose hands shall be paid a minimum of 75 per cent of the prescribed in Item 1 Table 2 - Other Rates and Allowances.

 

7.3.3   General purpose hands shall be paid a minimum of 75 per cent of the rate prescribed in Item 1 Table 2 - Other Rates and Allowances.

 

7.3.4   General purpose hands (Greaser) shall be paid a minimum of 75 per cent of the rate prescribed in Item 1 Table 2 - Other Rates and Allowances.

 

7.3.5   It shall be payable from the time the ferry leaves the wharf to proceed to sea on the special voyage until it ties up at the wharf at the termination of the voyage.

 

7.3.6   For all hours worked outside the Special voyage, rates prescribed in Clause 6, Overtime, Saturdays and Sundays, of this award, shall apply.

 

7.3.7   Employees shall be provided free of cost with a suitable meal of the standard supplied to passengers. Where meals are not provide by the Employer, a daily allowance as set out in Item 3 of Table 2 - Other Rates and Allowances, shall be paid to each crew member.

 

7.3.8   In addition to Work Cover coverage, a personal insurance policy for $50,000.00 shall be provided for each employee engaged in outside voyages.

 

7.3.9   All deck crew members will be paid a clean up allowance as set out in Item 4 of Table 2 - Other Rates and Allowances, per special voyage.

 

8.  Night and/Or Shift Rates

 

8.1      Employees engaged on day shift shall be paid a shift allowance of 10 per cent more than their ordinary rate of pay. In addition an employee who works on an afternoon or night shift shall be paid a shift allowance of 15 per cent more than their ordinary rate of pay. Such shift allowance of 10 per cent and 15 per cent more than the ordinary rate of pay shall be paid for work performed on the appropriate shift on a Saturday, Sunday or Public Holiday. Such rates shall be calculated weekly to the nearest 5 cents and any broken part of 5 cents in the result not exceeding 2 cents shall be disregarded.

 

8.2      Broken shifts may be worked by arrangement between the Employer and the Union, provided that any employee who works a broken shift shall be paid at the rate of 13.75 per cent of the total daily rate in addition to the daily rate of pay.

 

9.  Annual Leave

 

9.1      Employees shall be entitled to annual leave on the same terms and conditions as those applicable to other employees of the Employer working similar rosters.

 

10.  Public Holidays

 

10.1    The following days shall be deemed holidays and shall be allowed without deduction of pay - New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day, Boxing Day, Picnic Day, and all other days proclaimed as public holidays in the state of New South Wales.

 

10.2    For all time worked on any public holiday except Christmas Day, double time and one-half shall be paid. For all time worked on Christmas Day, triple time shall be paid.

 

11.  Sick Leave

 

11.1    An employee on weekly hire shall be entitled to sick leave as prescribed in the Transport Administration Act 1988.

 

12.  Stand By on Sunday and Public Holidays

 

12.1    Employees called on to attend and who do attend for duty on a Sunday or on a public holiday specified in Clause 10, Public Holidays, of this award, and such ferry or ferries do not go into commission, shall be paid a minimum of 6 hours’ pay at Public Holiday rates.

 

13.  Rosters

 

13.1    Except in cases of emergency or emergencies, or in respect of time worked on a Sunday, the Employer shall prepare a roster showing the ordinary starting times and finishing times of employees, and such roster shall be posted in time to give employees at least seven days’ notice of this rostered work.

 

14.  Equalisation of Weekend Work

 

14.1    All employees required to work on a Sunday shall do so by regular rotation, so that time off shall, as far as possible, be distributed equally.

 

14.2    All employees shall work an equal amount of overtime as far as it is possible to arrange.

 

15.  Casual General Purpose Hands (Shipkeepers)

 

15.1    Casual General Purpose hands (Shipkeepers) may be employed in case of emergency or for the purpose of relieving regular hands, and shall be paid for all time worked at the current hourly rate of Shipkeepers plus 20 per cent, with a minimum engagement of 6 hours.

 

15A.  Secure Employment

 

15A.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.

 

15A.2. Casual Conversion

 

15A.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.

 

15A.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.

 

15A.2.3.        Any casual employee who has a right to elect under paragraph 8A.2.2, upon receiving notice under paragraph 8A.2.1 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.

 

15A.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.

 

15A.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.

 

15A.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 8A.2.3, the employer and employee shall, in accordance with this paragraph, and subject to paragraph 8A.2.3, discuss and agree upon:

 

15A.2.6.1.      whether the employee will convert to full-time or part-time employment; and

 

15A.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.

 

15A.2.7.        Following an agreement being reached pursuant to paragraph 18A.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.

 

15A.2.8.        An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

 

15A.3. Occupational Health and Safety

 

15A.3.1.        For the purposes of this subclause, the following definitions shall apply:

 

15A.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.

 

15A.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.

 

15A.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):

 

15A.3.2.1.      consult with employees of the labour hire business and/or contract business  regarding the workplace occupational health and safety consultative arrangements;

 

15A.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;

 

15A.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

 

15A.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.

 

15A.3.3.        Nothing in this subclause 8A.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.

 

15A.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.

 

15A.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.

 

16.  Payment of Wages

 

16.1    Wages, overtime, penalty rates and Sunday rates shall be paid fortnightly. Provided that if any employee fails to work on any day or part of a day when work has been provided, the Employer shall be entitled to make a proportionate deduction from the employee’s wage.

 

16.2    All wages shall be paid on pay day to all employees making application during working hours or within fifteen minutes after ceasing time; otherwise overtime shall be paid with a minimum payment of one-  quarter of an hour. Provided that such overtime be paid only whilst the employee is actually waiting at the place appointed for the payment of wages.

 

17.  Uniforms and Protective Clothing

 

17.1    Protective clothing shall be supplied by agreement between the Employer and the Union.

 

17.2    General purpose hands shall be provided with sunglasses by the Employer where they are required to be directly associated with the navigation of a vessel.

 

17.3    Where an employee is required to wear a uniform such uniform shall be supplied by the Employer free of cost to the employee.

 

17.4    Suitable gloves are to be provided only when an employee is engaged on unusually rough or dirty work.

 

18.  Amenities, Crib Break, Meal Allowances , Etc.

 

18.1    Cashiers shall be supplied with hand towels for personal use on the job by the Employer free of charge.

 

18.2    All employees shall be given a crib break of twenty minutes for the purpose of having a meal, not more than 5 hours after commencement of their shift.

 

18.3    All employees required to work overtime one hour and one-half before their normal starting time and after their normal ceasing time shall be supplied with a suitable meal or shall be paid the amount set out in Item 2 Table 2 - Other Rates and Allowances for each meal.

 

18.4    The present arrangement in respect of cookers and utensils will be continued.

 

18.5    Employees employed at the depot at Balmain yard shall be allowed thirty minutes interval for a midday meal between 12 noon and 1 pm.

 

18.6    A morning tea break of ten minutes shall be allowed to all employees at the depot at Balmain yard.

 

19.  Travelling Allowances

 

19.1    Employees engaged on inner-harbour services, who are required to work, commencing or finishing between midnight and 5 am. both times inclusive, shall be provided with a conveyance by the Employer, or the Employer shall pay the employee for the time spent in reaching their home or place of work at appropriate rates of pay with a minimum of half an hour and a maximum of one hour.

 

19.1.1            Employees required to start or finish at a place other than their normal starting or finishing place shall be paid half an hour at the appropriate rate.

 

19.1.2            All fares reasonably incurred in such travelling time shall be paid for by the Employer.

 

19.1.3            Subject to sub-clause 19.1.4 where an employee is required to commence duty before their normal rostered starting time and/or ceases duty after their normal rostered time and normal transport facilities are not available they shall be provided with a suitable conveyance at the Employer’s expense, or shall be paid at ordinary rates of pay for all time spent travelling to and from their home, calculated by the quickest route and means of travel then available.

 

19.1.4            When an employee is required to take up duty within ten hours of the ordinary ceasing time of their previous shift, or, by reason of their shift and normal transport facilities not being available, is required to sleep on board, the Employer shall provide reasonable sleeping accommodation including bed, bunk or hammock, mattress, pillows and blankets, lockers and sleeping facilities.

 

20.  Extra Duties and Special Work

 

20.1    In cases of emergency employees shall at all times do whatever may be required of them to secure the safety of passengers and vessels.

 

20.2    An Employer may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence and training consistent with the classification structure of this award.

 

20.3    Where 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 the employee 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.

 

20.4    Special work: When an employee is required to do any work on repairs or maintenance of the ferry or ferries outside their ordinary rostered hours such work shall be deemed to be special work and the employee shall be paid at overtime rates, on the basis of the work performed, for the period during which they are employed.

 

21.  Time Allowance

 

21.1    In the case of motor vessels one hour shall be allowed for warming engines.

 

22.  Long Service Leave

 

22.1    An employee on weekly hire shall be entitled to the long service leave as prescribed by the Transport Administration Act 1988 (as amended).

 

23.  Personal/Carer’s Leave

 

23.1    Use of Sick Leave

 

23.1.1            An employee, other than a Casual Employee, with responsibilities in relation to a class of person set out in subclause 23.1.3(b), 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.

 

23.1.2            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.

 

23.1.3            The entitlement to use sick leave in accordance with this subclause is subject to:

 

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

 

(b)      the person concerned being:

 

(i)       a spouse of the employee; or 

 

(ii)       a de facto spouse being a person of the opposite sex to the employee who lives with the employee as her husband or his wife on a bona fide domestic basis although not legally married to that employee; or 

 

(iii)      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 or legal guardian), grandparent, grandchild or sibling of the employee or

 

(iv)      a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or a relative      of the employee who is a member of the same household, where for the purposes of this definition:

 

"relative" means a person related by blood, marriage, affinity or Aboriginal kinship structures; 

 

affinity" means a relationship that one spouse or partner has to the relatives of the other; and

 

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

 

23.1.4            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.

 

23.2    Unpaid Leave for Family Purpose

 

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 subclause 23.1.3(b) who is ill.

 

23.3    Annual Leave

 

23.3.1            An employee may elect with the consent of the Employer, subject to the Annual Holidays Act 1944, 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.

 

23.3.2            Access to annual leave, as prescribed in subclause 23.3.1, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

23.3.3            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.

 

23.3.4            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

 

23.4    Time Off in Lieu of Payment for Overtime

 

23.4.1            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.

 

23.4.2            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.

 

23.4.3            If, having elected to take time as leave in accordance with subclause 23.4.1, 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.

 

23.4.4            Where no election is made in accordance with the subclause 23.4.1, the employee shall be paid overtime rates in accordance with the award.

 

23.5    Make-up Time

 

23.5.1            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.

 

23.5.2            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.

 

23.6    Rostered Days Off

 

23.6.1            An employee may elect, with the consent of the Employer, to take a rostered day off at any time.

 

23.6.2            An employee may elect, with the consent of the Employer, to take rostered days off in part day amounts.

 

23.6.3            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.

 

23.6.4            This subclause is subject to the Employer informing the Union of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the Union to participate in negotiations.

 

23.7    Personal Carers Entitlement for casual employees

 

23.7.1            Subject to the evidentiary and notice requirements in subclauses 23.1.2 and 23.1.4 casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed for the purposes in subclause 23.1.3 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.

 

23.7.2            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.

 

23.7.3            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."

 

24.  Bereavement Leave

 

24.1    An employee shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in 24.3 below.

 

24.2    The employee must notify the Employer as soon as practicable of the intention to take bereavement leave and will, if required by the Employer, provide to the satisfaction of the Employer proof of death.

 

24.3    Bereavement leave shall be available to the employee in respect of the death of a person prescribed for the purposes of Personal/Carer’s Leave in subclause 23.1.3, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

24.4    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.

 

24.5    Bereavement leave may be taken in conjunction with other leave available under subclauses 23.2, 23.3, 23.4, 23.5, 23.6. In determining such a request the Employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

24.6    Bereavement entitlements for casual employees

 

24.6.1            Subject to the evidentiary and notice requirements in sub-clause 24.2 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 23.1.3 of Clause 23.1 Personal/Carers Leave

 

24.6.2            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

 

24.6.3            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 engage a casual employee are otherwise not affected."

 

24A.  Parental Leave

 

(1)      The following provisions shall apply in addition to those set out in the Part 4 of 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).

 

25.  Dispute Settling 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:

 

25.1    Procedure relating to a grievance of an individual employee:

 

25.1.1            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.

 

25.1.2            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.

 

25.1.3            Reasonable time limits must be allowed for discussion at each level of authority.

 

25.1.4            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.

 

25.1.5            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.

 

25.1.6            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.

 

25.2    Procedure for a dispute between an Employer and the employees -

 

25.2.1            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.

 

25.2.2            Reasonable time limits must be allowed for discussion at each level of authority.

 

25.2.3            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.

 

25.2.4            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.

 

26.  Anti-Discrimination

 

26.1    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.

 

26.2    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.

 

26.3    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.

 

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

 

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

 

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

 

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

 

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

 

26.5    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:

 

"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."

 

27.  Deduction of Union Membership Fees

 

27.1    The employer shall deduct Union membership fees from the pay of any employee who is a member of the Union in accordance with the Union's rules, provided that the employee has authorised the employer to make such deductions. Any such authorisation shall be in writing. Where the employee passes any such written authorisation to the Union, the Union shall not pass the written authorisation on to the employer without first obtaining the employee's consent to do so. Such consent may form part of the written authorisation.

 

27.2    Monies so deducted from employees' pay will be forwarded to the Union forthwith together will all necessary information to enable the reconciliation and crediting of subscriptions to employees' membership accounts.

 

27.3    Where an employee has already authorised the deduction of Union membership fees from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to commence or to continue.

 

27.4    The Union shall advise the employer of any change to the amount of membership fees made under its rules. The Union shall give the employer a minimum of one month's notice of any such change.

 

27.5    An employee may at any time revoke in writing an authorisation to the employer to make payroll deductions of Union membership fees.

 

27.6    Where an employee who is a member of the Union and who has authorised the employer to make payroll deductions of Union membership fees resigns his or her membership of the Union in accordance with the rules of the Union, the Union shall inform the employee in writing of the need to revoke in writing the authorisation to the employer in order for payroll deductions of union membership fees to cease.

 

28.  Area, Incidence and Duration

 

28.1    This award shall apply to in respect of the employment of General Purpose Hands, General Purpose Hands (greasers), General Purpose Hands (Shipkeepers), cashiers, coxswains and any other employees employed on ferries by the Employer.

 

28.2    This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the State Transit Authority of New South Wales Ferries (State) Award published 26 November 2004 (347 I.G. 505) and all variations thereof.

 

28.3    The award published 26 November 2004 took effect from the beginning of the first pay period to commence on or after 28 July 2004 and the variations thereof.

 

28.4    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 28 April 1999 (310 I.G. 359) take effect on and from 24 April 2012.

 

28.5    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	SWC - June 2003	SWC - June 2004	Total Rate
Classification	rate per week	per week	per week	per week
	$	$	$	$
General Purpose Hand	530.60	17.00	19.00	566.60
General Purpose Hand	530.60	17.00	19.00	566.60
(Greaser)
General Purpose Hand	530.60	17.00	19.00	566.60
(Shipkeeper)
Cashier	530.60	17.00	19.00	566.60
Coxswain	579.30	17.00	19.00	615.30

 

Table 2 - Other Rates and Allowances

 

Item No.	Clause No	Brief Description	Amount
			$
1	7.2.1	Free-running voyages between Port Jackson and Newcastle or	Daily rates
	7.3.2	Port Kembla
	7.3.3	General purpose hands	427.90
	7.3.4	Monitor	433.30
2	7.2.2	Free-running voyages between Port Jackson and Newcastle or	Per meal
	18.3	Port Kembla: meal allowance	8.00
3	7.3.7	Cruising outside harbour limits: meal allowance	Per meal
			8.00
4	7.3.8	Additional personal insurance	55147.00
4	7.3.9	Cruising outside harbour limits: special voyage clean-up money	Per voyage
		(deck crew members)	37.70

 

 

 

 

C. G. STAFF  J.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.