NSW PORT CORPORATIONS AWARD 2001

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 4593 of 2004)

 

 

REVIEWED AWARD

 

Arrangement

 

Clause No.          Subject Matter

 

1.         Title

2.         Arrangement

3.         Definitions

4.         Date the award starts

5.         Who is bound by the Award?

6.         Where and who the Award covers

7.         Relationship with other awards

8.         Procedure to avoid industrial disputation

9.         Anti-discrimination

10.       Types of employment

11.       Redundancy

12.       Termination of employment

13.       Classifications and wage rates

14.       Allowances

15.       Superannuation

16.       Hours of work

17.       Overtime

18        Annual Leave

19.       Personal Leave

20.       Parental Leave

21.       Jury service

22.       Public Holidays

23.       Long Service Leave

24.       Savings Clause

25.       Enterprise Flexibility Arrangements

26.       Area, Incidence and Duration

 

Part B               Wage Rates

 

3.  Definitions

 

"Commission" means - the Industrial Relations Commission of New South Wales.

 

"Day Worker" shall mean - any Employee who is not engaged in shift work.

 

"Disability allowance" shall include all allowances including, but not limited to, annual leave loading, travel allowances, overtime and any other rates and allowances contained in this award except shift allowances.

 

"Employee" includes all Employees of the Sydney Ports Corporation, Port Kembla Port Corporation and Newcastle Port Corporation with the exception of Marine pilots, the Chief Executive Officers and Employees occupying positions above the classifications contained in clause 13 of this award.

 

"Employer" shall mean - he Sydney Ports Corporation, the Port Kembla Port Corporation and the Newcastle Port Corporation.

 

A Maritime Officer shall mean - an Employee as defined.

 

"Professional Engineer" shall mean - a person qualified to carry out professional engineering duties, that is, duties carried out by a person in any particular employment, the adequate discharge of any portion of which duties requires qualifications of the employee as (or at least equal to those of) a graduate member of the Institution of Engineers, Australia.

 

"Shift worker" shall mean - an Employee who is engaged in port service work, is a competent and experienced worker and is rostered on shiftwork.

 

"Shift Work" falls into two categories, which are defined as follows:

 

"Continuous Shift Work" shall mean - continuous port services work carried out according to a continuous shift process with consecutive shifts of employees over a twenty-four hour period.

 

"Non Continuous Shift Work" shall mean - port services work carried out on a rostered basis by Employees on other than continuous shiftwork.

 

"Supervisor or Shift Co-ordinator (Newcastle only)" shall mean - an Employee who is engaged as a competent and experienced shift Supervisor of port services workers and, who is rostered on continuous shiftwork.

 

4.  Date Award Starts

 

The award takes effect from 4 March 2005 and remains in operation for three (3) years from that date.

 

5.  Who is Bound By the Award?

 

This award is binding upon the following parties:

 

Sydney Ports Corporation

 

Port Kembla Port Corporation

 

Newcastle Port Corporation

 

The Employees of the Port Corporations

 

Australian Maritime Officers Union, of New South Wales

 

Seamen’s Union of Australia New South Wales Branch

 

Association of Professional Engineers, Scientists and Managers Australia, (NSW Branch)

 

Australian Services Union of New South Wales

 

6.  Where and Who the Award Covers

 

6.1        Where does the award apply?

 

This award applies at the ports of:

 

Sydney

 

Botany Bay

 

Port Kembla; and

 

Newcastle.

 

6.2        Who Does the Award Apply to?

 

This award relates to the industry of persons employed by Sydney Ports Corporation, Port Kembla Port Corporation and Newcastle Port Corporation ("the Employer") other than those positions excluded under the definition of "Employee".

 

7.  Relationship With Other Awards

 

This Award supersedes the following industrial instruments:

 

MARITIME SERVICES BOARD (General Construction and Maintenance) Award

 

MARITIME SERVICES BOARD (Apprenticeship) Award

 

MARITIME SERVICES BOARD (Cargo Handling Operations) Award

 

MARITIME SERVICES BOARD (Cargo Handling & C Newcastle) Award 1975

 

MARITIME SERVICES BOARD (Dredges & C.) Award

 

MARITIME SERVICES BOARD (General Division) Award

 

MARITIME SERVICES BOARD (Gangers) Award

 

MARITIME SERVICES BOARD (Metal and Electrical Trades & C.) Award

 

MARITIME SERVICES BOARD Clerical Officers Industrial Agreement

 

MARITIME SERVICES BOARD (Plant Operators on Construction) Award

 

MARITIME SERVICES BOARD (Patrolmen and Communications Attendants) Award

 

MARITIME SERVICES BOARD (Pilot Vessels) Award

 

MARITIME SERVICES BOARD (Storemen & Packers Bond & Free Stores) Award

 

MARITIME SERVICES BOARD Demarcation Award, Balmain No 2 Depot 1983

 

MARITIME SERVICES BOARD (Building Construction Trades) Award

 

MARITIME SERVICES BOARD (Surveyors Field Hands) Award

 

MARITIME SERVICES BOARD (Transport Industry) Award

 

MARITIME SERVICES BOARD (Transport Industry and Sanitary and Garbage) Award

 

MARITIME SERVICES BOARD (Foremen Stevedores) Award

 

MARITIME SERVICES BOARD (Clerical Administrative and Ancillary Support Staff) Award

 

MARITIME SERVICES BOARD (Legal Officers) Award

 

MARITIME SERVICES BOARD (Surveyors and Articled Survey Pupils) Award

 

MARITIME SERVICES BOARD (Architects) Award

 

MARITIME SERVICES BOARD (Scientific Officers and Chemists) Award

 

MARITIME SERVICES BOARD (Technical Officers - Ports) Award

 

MARITIME SERVICES BOARD (Technical Officers) Award

 

MARITIME SERVICES BOARD (Drafting Officer and Technicians) Award

 

MARITIME SERVICES BOARD (Marine Engineers, Engineers, Ship Surveyors, Shipwright Surveyors & C.) Award

 

MARITIME SERVICES BOARD (Boating Service Officers) Award

 

MARITIME SERVICES BOARD (State Boating Service, Port Operations) Award

 

MARITIME SERVICES BOARD (Marine and Port Services) Award

 

MARITIME SERVICES BOARD (Hours) Award

 

MARITIME SERVICES BOARD (Senior Administrative and Business Management Officers) Award

 

MARITIME SERVICES BOARD Building Construction Trades Labourers On Site (State) Award

 

8.  Procedure to Avoid Industrial Disputation

 

8.1        Steps to be followed in resolving a dispute

 

Step 1

 

Employees or their union delegate should contact the relevant supervisor in the first instance. The supervisor must commence to deal with the dispute as quickly as possible, usually within 24 hours of being notified.

 

Step 2

 

If the dispute is unresolved, the Employees or their representative may approach the Unit Manager or equivalent to resolve the dispute. Where the grievance has industrial or human resource implications, the Unit Manager shall consult the Human Resources / Employee Relations Unit to arrange discussions between the relevant parties as soon as practicable.

 

Step 3

 

At this point, if the dispute remains unresolved the Unit Manager shall inform the Chief Executive Officer and the Employees may refer the matter to the Corporation’s Consultative Committee for resolution.

 

Step 4

 

Discussions between the union official and senior management shall be held.

 

Step 5

 

If the matter is unresolved the parties may refer the dispute to the Commission for conciliation, and if unresolved for arbitration.

 

8.2        While any dispute is being resolved, normal work is to continue, except in the case of a genuine and/ or declared safety issue. The status quo existing before the emergence of a dispute is to continue whilst the procedure is being followed. No party shall be prejudiced as to the final settlement by the continuation of work. Nothing in this procedure shall prevent the unions and the Employers from taking any action considered conductive to resolving the matters in dispute.

 

8.3        Leave of absence to attend proceedings: Where the provisions of 8.1 and 8.2 have been complied with, and to assist in the resolution of the matter, the union delegate/employee representative referred to in 8.1, will be granted leave of absence to attend Industrial Commission proceedings arising from referral of the matter in 8.1.

 

8.3.1     A union delegate/employee representative granted leave of absence under 8.1 will not suffer any loss of pay.

 

8.4        Leave of absence to attend courses: To assist in the resolution of disputes in an agency a union delegate/employee representative, referred to in 8.1, will be granted leave of absence to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave will be subject to the operating requirements of the agency.

 

8.4.1     The specific training course will be agreed between the Employer and the individual Employee.

 

8.4.2     A union delegate/Employee representative granted leave of absence under 8.4 will not suffer any loss of pay

 

9.  Anti-Discrimination

 

9.1        It is the intention of the respondents to this award to achieve the principal object in s.3 (f) of the Industrial Relations Act 1996 (NSW) to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, responsibilities as a carer and age.

 

9.2        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 operations 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 of operation, has a direct or indirect discriminatory effect.

 

9.3        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 or unlawful discrimination or harassment.

 

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

 

9.4.1     any conduct or act which is specifically exempted from anti-discrimination legislation;

 

9.4.2     offering or providing junior rates of pay to persons under 21 years of age;

 

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

 

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

 

9.5        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.

 

10.  Types of Employment

 

10.1      General

 

10.1.1               Employees under this award will be employed in one of the following     categories:

 

(a)        Full Time Employees; or

 

(b)       Part-Time Employees; or

 

(c)        Casual Employees; or

 

(d)       Fixed Term Contract Employees ("Temporary Employees").

 

10.1.2               At the time of engagement an Employer will inform each Employee of the terms of their engagement and in particular whether they are to be Full-Time, Part-Time, Casual or Temporary Employees.

 

10.2      Casual Employment

 

10.2.1               A Casual Employee is an Employee engaged as such.

 

10.2.2               A Casual Employee for working within the ordinary hours of work (pursuant to Clause16) shall be paid per hour for the work performed plus 20% loading which incorporates the casual Employees’ entitlements to annual leave, annual leave loading and any other rates and allowances contained in this award except overtime and shift allowances.

 

10.2.3               Casual Employees must be paid at the termination of each engagement, but may agree to be paid weekly or fortnightly.

 

10.2.4               On each occasion a Casual Employee is required to attend work he or she is entitled to a minimum payment for two hours work.

 

10.3      Part-Time Employees

 

10.3.1               An Employer may employ Part-Time Employees in any classification in this award.

 

10.3.2               A Part-Time Employee is an Employee who:

 

(a)        works less hours than a full-time Employee;

 

(b)       has reasonably predictable hours of work; and

 

(c)        receives, on a pro-rata basis, equivalent pay and conditions to those of              full-time Employees who do the same kind of work.

 

10.3.3               At the time of engagement the Employer and the part-time Employee will agree in writing, on a regular pattern of work, specifying at least the hours worked each day, which days of the week the Employee will work and the actual starting and finishing times each day.

 

10.3.4               Any agreed variation to the regular pattern of work will be recorded in writing.

 

10.3.5               An Employer is required to roster a regular part-time Employee for a minimum of two consecutive hours on any shift.

 

10.3.6               An Employee who does not meet the definition of a regular part-time Employee and who is not a full-time Employee or temporary Employee will be paid as a casual Employee in accordance with clause 10.2.

 

10.3.7               All time worked in excess of the hours as mutually arranged, excluding any Additional Hours, will be overtime and paid for at the rates prescribed in clause 17 - Overtime, of this award.

 

10.3.8               A regular part-time Employee employed under the provisions of this clause must be paid for ordinary hours worked on a pro rata basis of the full-time Employee at the full-time Employee rate.

 

10.3.9               All Leave accruals and separation entitlements of part-time Employees shall be calculated and paid on a pro-rata basis of the full-time Employee at the full-time ate of pay.

 

10.4.     Temporary Employees

 

10.4.1               An Employer may employ an employee on a fixed term contract ("Temporary Employee") in any classification in this Award.

 

10.4.2               A Temporary Employee is an Employee who:

 

(a)        works for a specified fixed term; or

 

(b)       works for a specific project; and

 

(c)        such a term has been agreed in writing before the Employee commences work.

 

10.5      Apprentices and Trainees

 

Awards and/or regulations to apply

 

10.5.1               Any awards and/or regulations made by any State Apprenticeship Board or Industrial board or industrial tribunal applies to any section of the trade to which such awards and/or regulations are expressed to apply, despite anything contained in this award.

 

10.5.2               Apprentices and Trainees will be paid the appropriate percentage of the salary rate for Maritime Officer Level 1 as set out in the Wage Rates (Appendix A), except where a wage is part of a national training wage award or equivalent set of pay and conditions for trainees engaged under such schemes as ATS, "Working Nation", and so on.

 

10.5.3               The percentages of Maritime Officers levels MO1 and MO2 for the various apprenticeship levels covering all trades is detailed below:

 

1st year 66%

2nd year 80%

3rd Year 92%

4th year 105%

 

10.5.4               The percentages of Maritime Officers level MO1 for the various traineeship levels is detailed below:

 

Age 16 50%

Age 17 55%

Age 18 60%

Age 19 64%

Age 20 69%

 

10.5.5               An additional amount to cover the annualisation of working conditions, where applicable, will be determined by the Employer.

 

11.  Redundancy

 

11.1      Definition

 

Redundancy occurs when an Employer decides that the Employer no longer wishes the job the Employee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour. Redundancy is subject to the normal consultative processes outlined in the dispute settling procedures of this award.

 

11.2      Transfer of lower paid

 

Where an Employee is transferred to lower paid duties by reason of redundancy the same period of notice must be given as the Employee would have been entitled to if the employment had been terminated and the Employer may at the Employer’s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary rate of pay and the new ordinary time rate for the number of weeks of notice still following.

 

11.3      Severance pay

 

11.3.1               In addition to the period of notice prescribed for ordinary termination in clause 11.1 an Employee whose employment is terminated by reason of redundancy must be paid, subject to further order of the Commission, the following amount of severance pay in respect of a continuous period of service:

 

Period of continuous service	Under 45 years of age	Over 45 years of age
Less than 1 year	Nil	Nil
1 year and more but less than2 years	4 weeks’ pay	5 weeks’ pay
2 years and more but less than 3 years	7 weeks’ pay	8.75 weeks’ pay
3 years and more but less than 4 years	10 weeks’ pay	12.5 weeks’ pay
4 years and more but less than 5 years	12 weeks’ pay	15 weeks’ pay
5 years and more but less than 6 years	14 weeks’ pay	17.5 weeks’ pay
6 years and more	16 weeks pay	20 weeks’ pay

 

11.3.2               Week’s pay means the ordinary time rate of pay for the Employees concerned.

 

11.3.3               Provided that the severance payments shall not exceed 26 weeks.

 

11.4      Employee leaving during notice period

 

An Employee whose employment is terminated by reason of redundancy may terminate his/her employment during the period of notice and, if so, will be entitled to the same benefits and payments under this clause had they remained with the Employer until the expiry of such notice. However, in this circumstance the Employee will not be entitled to payment in lieu of notice.

 

11.5      Alternative employment

 

An Employer, in a particular redundancy case, may avoid making any severance payment if the Employer obtains suitable alternative employment for an Employee. In particular, here as a result of restructuring a position is created which did not have an equivalent in the old structure, or it is so different that it is clearly a new position, and Employer may choose to maintain that Employee’s salary for a period of 12 months. After that time, the salary will be set at the level of the position.

 

11.6      Time off during notice period

 

11.6.1               During the period of notice of termination given by the Employer and the employee shall be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.

 

11.6.2               If the Employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the Employee shall, at the request of the Employer, be required to produce proof of attendance at an interview or he or she shall not receive payment of the time absent. For this purpose a statutory declaration will be sufficient.

 

11.7      Employees exempted

 

11.7.1               This clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal including inefficiency during a probationary period, neglect of duty or misconduct. This clause shall not apply to casual Employees, apprentices, trainees or Employees engaged for a specific period of time or for a specific task or tasks.

 

11.7.2               Notwithstanding the foregoing provisions apprentices and trainees who are engaged for a specific period of time shall, once the apprenticeship or traineeship is completed and provided that the apprentices’ or trainees’ services are retained, have all service including the training period counted in determining entitlements. In the event that an apprentice or trainee is terminated at the end of his or her apprenticeship or traineeship and is reengaged by the             same Employer within six months of such termination the period of apprenticeship or traineeship shall be counted as service in determining any future redundancy entitlements.

 

12.  Termination of Employment

 

12.1      Notice of Termination by Employer

 

12.1.1               In order to terminate the employment of a Full-Time or Part-Time Employee the Employer shall be required to give the period of notice specified in the table below:

 

Period of continuous service	Period of Notice
1 year or less	1 week’s pay
Over 1 year and up to the completion of 3 years	2 week’s pay
Over 3 years and up to the completion of 5 years	3 week’s pay
Over 5 years of completed service	4 week’s pay

 

12.1.2               In addition to this notice, Employees over 45 years of age at the time of the time giving of the notice with not less than two years continuous service, are entitled              to an additional week’s notice.

 

12.1.3               Payment in lieu of the notice will be made if the appropriate notice period is not required to be worked. Employment may be terminated by the Employee working part of the required period of notice and by the Employer making payment for the remainder of the period of notice.

 

12.1.4               In calculating any payment in lieu of notice, the wages an Employee would have received in respect of the ordinary time they would have worked during the period of notice had their employment not been terminated will be used.

 

12.1.5               The period of notice in this clause, shall not apply in the case of dismissal for conduct that justifies instant dismissal including inefficiency during the probationary period neglect of duty or misconduct. The period of notice in this clause shall not apply to casual Employees, apprentices, trainees or Employees engaged for a specific period of time or for a specific task or tasks.

 

12.1.6               Notwithstanding the foregoing provisions apprentices or trainees who are engaged for a specific period of time shall once the apprenticeship or traineeship is completed and provided that the apprentices’ or trainees’ services are retained             have all service including the training period counted in determining entitlements. In the event that an apprentice or trainee is terminated at the end of his or her apprenticeship or traineeship and is reengaged by the same Employer within six months of such termination the period of apprenticeship or traineeship shall be counted as service in determining any future termination entitlements.

 

12.2      Notice of Termination by an Employee

 

12.2.1               The notice of termination required to be given by an Employee is the same as that required of an Employer, save and except that there is no requirement on the Employee to give additional notice based on the age of the Employee concerned.

 

12.2.2               If an Employee fails to give notice the Employer has the right to withhold monies due to the Employee to a maximum amount equal to the ordinary time rate of pay for the period of notice.

 

12.3      Time Off During Notice Period

 

Where an Employer has given notice of termination to an Employee, an Employee shall be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the Employee after consultation with the Employer.

 

13.  Classifications and Wage Rates

 

13.1      Wage Rates

 

An adult Employee of a classification specified in the table attached (other than an apprentice or trainee) shall be paid not less than the rate per week assigned to the classification in which such Employee is working.The wage fixing principles of the State Wage Case 2000 shall be applied to this Award.

 

The attached rates of pay are minimum interim rates. The rights of the parties are reserved to apply for adjustments to the above rates consistent with the relevant statement of principles.

 

13.2      Arbitrated Safety Net Adjustment

 

The rates of pay contained in Part B of this award include the adjustments payable under the State Wage Cases of 1998, 1999 and 20002001, 2002, 2003 and 2004. These adjustments may be offset against:

 

13.2.1               any equivalent over award payments; and/or

 

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

 

13.3      Disability and Travel Allowance

 

This allowance incorporates all former disabilities paid including, working conditions, foregone crib, laundry, meals, telephone & delivery voyage allowances or fares & travel pattern allowances.

 

13.4      Shift Loading and Penalty Allowance

 

The all-inclusive shift loading, covers, is expressed as a separate annual payment and shall be paid to eligible Employees as contained in Part B of this award. This allowance incorporates all considerations including physical working conditions; shift working arrangements weekend & public holiday work and the 24-hour/ 365 day operations of the Employers.

 

13.5      Merit

 

Merit selection and the existence of a suitable vacancy will be the basis for promotion between levels.

 

13.6      Rate For Superannuation And Payment Of Entitlements

 

The applicable rate, together with shift allowances, where appropriate, will form the salary for superannuation purposes and for payment of entitlements, including termination.

 

13.7      Option for Annualised Salaries

 

The parties agree to review the levels of overtime and additional hours payments and to annualise the salary for individual Employees or work groups on a cost neutral basis.

 

13.8      Option for Salary Sacrifice

 

By formal agreement between the Employer and the Employee concerned, the Employee may salary sacrifice to superannuation.

 

13.9      Options for Salary Packaging

 

Subject to meeting the requirements of the Employer and Australian Tax Office Rulings, Salary Packaging Options can be arranged at the written request of, and liability for FBT taxation, by the Employee.

 

13.10    Deductions

 

The Employee may nominate deductions consistent with the particular Employers’ policy.

 

14.  Allowances

 

14.1      Meal Allowances

 

14.1.1               An Employee required to work overtime for more than two hours without being notified on the previous day or earlier that he or she will be so required to work shall either be supplied with a meal by the Employer or receive reasonable expenses in compensation for not being provided with a meal at the discretion of the Employer.

 

14.2      The First Aid Allowances

 

14.2.1               The First Aid Allowance is payable to appointed First Aid Officers responsible for first aid kits or facilities. This allowance is not payable where it is a specific designated job requirement and noted in a position description. Eligible Employees shall receive a weekly allowance in accordance with Part B of this award.

 

14.3      Clothing, Equipment and Tools

 

14.3.1               Where the Employer requires an Employee to wear any special clothing, the Employer will provide the Employee with such special clothing and such clothing will be worn by the Employee.

 

14.3.2               Where it is necessary that an Employee wear waterproof or other protective clothing the Employer will provide the Employee with such clothing. Where protective clothing is supplied without cost to the Employee, it will remain the property of the Employer. In the event of dispute, the necessity for the provision of protective clothing may be determined by the Employer’s Occupational Health and Safety Committee.

 

14.3.3               An Employer may require an Employee on commencing employment to sign a receipt for item/s of uniform and property. This receipt must list the item/s of uniform and property and the value of them. If, when an Employee ceases employment, the Employee does not return the item/s of uniform and property (or any of them) in accordance with the receipt, the Employer will be entitled to deduct the pro rata value from the Employee’s wages.

 

14.3.4               In the case of genuine wear and tear, damage, loss or theft that is not the Employee’s fault the provisions of clause 14.3.3 will not apply.

 

14.3.5               Any disagreement concerning the value of item/s of uniform and property and any other aspect of this clause may be determined by the Employer’s Occupational Health and Safety Committee.

 

14.3.6               Where the Employer requires an Employee to provide and use any tools or equipment the Employer will provide the Employee with such equipment.

 

14.4      Travelling Allowance

 

14.4.1               Working Late

 

When an Employer requires an Employee to work until it is too late to travel by his or her normal method of transport home the Employer must pay the cost of transport for the Employee to get home free of charge. This clause does not apply where the Employer provides alternative travel arrangements and/or accommodation for the Employee for the night free of charge or where travel allowances are included and paid as part of an Employee’s annualised salary.

 

14.4.2               Working Early

 

When an Employer requires an Employee to start work before his or her normal starting time and before his or her normal method of transport to work is available the Employer must pay for the cost of transport for the Employee to get to work. This clause does not apply where the Employer provides transport for the Employee to get to work or where travel allowances are included and paid as part of an Employee’s annualised salary.

 

14.4.3               Travel, accommodation & expenses connected with travel to other Ports or sites for emergency response activity, shall be subject to the travel provisions policy of each Employer.

 

15.  Superannuation

 

15.1      Unless otherwise agreed only the following Superannuation Schemes shall be recognised and utilised for Employer contributions and shall, subject to individual fund eligibility rules, be available to the Employees.

 

(i)15.1.1               First State Super (FSS) - NSW

 

(ii)15.1.2               State Authorities Superannuation Scheme (SASS) - NSW

 

(iii)15.1.3               State Superannuation Scheme (SSS) - NSW

 

16.  Hours of Work - All Employees

 

16.1      Hours of work within this Award will be arranged to take into consideration the specific needs of the Employer and where possible the work preferences of Employees. Different patterns of hours may apply to various groups or sections to meet customer service or specific section/unit requirements.

 

16.2      Starting and finishing times should be mutually agreed between management of the Employer and Employees; however, if agreement cannot be reached the needs of the organisation must prevail and the Employer will determine starting and ceasing times. Employee coverage to meet the needs of the Employer will be determined through a process of mutual co-operation at Unit/Section level and will where possible take into account the specific needs of Employees.

 

16.3      Once starting and ceasing times have been established, reasonable notice will be given (normally 5 calendar days) if changes are required. The parties may agree to vary the starting and ceasing times with shorter notice. Employees can be required to report to a fixed place of work, or to the job.

 

16.4      The working of additional hours within the spread of hours will be by reasonable notice from management of the Employee. The working of additional hours outside the spread of hours will be by reasonable notice and approval of management of the Employee.

 

16.5      Hours of Work - Day Workers

 

16.5.1               This clause applies to all Employees of the Employer, except those employed as Shift Workers.

 

16.5.2               The ordinary hours of work of Day Workers shall be a maximum of 2072 per annum, worked as a minimum of 35 hours per week average over a cycle of 4, 8 or 12 weeks, to be determined by each Employer.

 

Up to 252 ordinary hours may be worked in the terms of the sub-clause 16.6 (Additional Hours) of this Award.

 

16.5.3               Any ordinary hours will be worked on any one-day (Monday to Friday) between the hours of 6:00am and 7:00pm (known as "Bandwidth").

 

16.5.4               At the instigation of a Day Worker, notwithstanding any other provision of this clause, the Day Worker(s) and the supervisor/manager may at any time agree to other arrangements provided they meet the needs of the Corporation and the minimum hours are worked within the cycle.

 

16.5.5               Ordinary hours will exclude meal breaks which will be a minimum of 30 minutes and a maximum of two hours taken having regard to service levels and operational requirements. Time taken for a meal break will not count as hours worked.

 

16.5.6               One refreshment break is to be taken on the job at a convenient time, having regard to service levels and operational requirements. Time taken for such break will count as hours worked.

 

16.6      Additional Hours & Overtime - Day Workers

 

16.6.1               At the end of each cycle, hours worked in addition to the Minimum Hours will be taken, at a mutually convenient time, as time off in lieu. Additional hours accrued at the end of each cycle may be carried over to the next cycle by mutual arrangement. Where operational requirements do not allow for time off in lieu, the Unit Manager may approve payment at ordinary time rates.

 

16.6.2               For approved hours worked in addition to the minimum hours and not taken in time in lieu:

 

(i)         Payment at ordinary time for:

Up to 21 hours in a 4 week cycle

Up to 42 hours in an 8 week cycle

Up to 63 hours in a 12 week cycle

(ii)        Payment at ordinary time and one half (T1.5) for hours:

Exceeding 21 and no more than 28 in a 4 week cycle

Exceeding 42 hours and no more than 56 in an 8 week cycle

Exceeding 63 and no more than 84 in a 12 week cycle.

(iii)       Payment at double time (T2.0) for hours:

Exceeding 28 hours in a 4 week cycle

Exceeding 56 hours in an 8 week cycle

Exceeding 84 hours in a 12 week cycle

 

16.7      Hours of Work - Shift Workers

 

This clause applies to Shift Workers (as defined).

 

16.7.1               Ordinary Hours - Shift Workers

 

The ordinary hours of work of Shift Workers shall be no more than 2120 per annum worked as a minimum of 38 hours per week averaged over a 52 - week period. Up to 144 ordinary hours may be worked in the terms of clause 16.9 of this Award.

 

16.7.2               Shift Workers will work as a Team being allocated to duties by the supervisor according to rosters. Shift Workers shall not be rostered to work more than six shifts in any week, or four shifts in any week if working on a 12 - hour shift roster, except by agreement.

 

16.7.3               Shift Workers will perform additional periods of duty to their rostered hours as required by the supervisor, for instance, to complete a fully complemented shift, or to complete tasks already commenced.

 

16.7.4               For twelve hour Shift Workers, a paid break of 30 minutes shall be allowed between the fourth and fifth and eighth and ninth hour after the commencement of work and between each fourth and fifth hour thereafter. For other Shift Workers one paid break of 45 minutes duration shall be granted.

 

16.8      Newcastle Port Corporation

 

Ordinary hours of employment shall be no more than 40 hours per week averaged over a fifty two week period. In addition, by agreement between Newcastle Port Corporation and the Unions, additional ordinary hours will be worked to provide continuity of operations and short term relief. All hours (including published roster hours) in excess of 38 hours per week are additional hours & shall be recognised in the working conditions component of the shift workers salary as expressed in the site Enterprise Agreement.

 

16.9      Additional Hours & Overtime - Shift Workers

 

16.9.1               Additional hours shall be performed by Shift Workers as required to fulfil the Employers operational requirements including, but not limited to, Port Safety Operating Licence requirements.

 

16.9.2               Necessary overtime or Additional Hours, required to be worked to fulfil shift rosters to meet work demands has been fully compensated in the Employee’s annualised salary and no separate or additional payment shall be made.

 

16.9.3               A Shift Worker who works so many additional hours between the termination of work on one day and the commencement of work on the next day that the Shift Worker has not had at least 10 consecutive hours off duty between those times, shall be released after completion of such additional hours until that Employee has had 10 consecutive hours off duty without loss of pay for scheduled working time occurring during such absence.

 

16.9.4               The provision of clause 16.9.3 shall apply in the case of Shift Workers as if 8 hours were substituted for 10 hours when additional hours were worked:

 

(i)         for the purpose of changing shift rosters; or

 

(ii)        where a Shift Worker does not report for duty and another Shift Worker is required to replace such Employee; or

 

(iii)       where a shift is worked by arrangement between the Shift Workers themselves.

 

16.10    Continuation Shift Work

 

16.10.1             At the time of making this Award all Continuous Shift Work is on the basis of 12 hour shifts and except by agreement Shift Workers shall not be rostered to work more than 4 shifts in any seven day period, unless by mutual agreement.

 

16.10.2             Continuous Shift Workers shall perform additional periods of duty to meet operational requirements e.g. to complete tasks already commenced, respond to Emergency Conditions, for the purpose of handing over shifts, or to make up the complement of the next/previous shift.

 

No extra payment over and above the Total Salary shall be paid to Shift Workers for any additional hours worked in accordance with this sub-clause.

 

16.10.3             Shift rosters may be varied to cover short-term absences of other Teams or team members etc.

 

17.  Overtime

 

17.1      Reasonable overtime

 

An Employer may require an Employee, other than a casual Employee, to work reasonable overtime at overtime rates.

 

17.2      When is an Employee paid at overtime rates?

 

A full-time Employee or Temporary Employee, with the exception of Shift workers and Day workers, are paid at overtime rates for any work done outside the ordinary hours and excluding any Additional Hours, set out in clause 16 - Hours of Work.

 

17.3      Meal break for overtime - Day workers

 

17.3.1               Overtime or additional hours will not accrue during meal breaks on overtime.

 

17.3.2               A meal break for overtime will be applied as follows:

 

(i)         Before Band with - for Day Workers who work overtime of 4 hours or more an unpaid meal break of a minimum of 30 minutes must be taken, prior to commencing ordinary hours.

 

(ii)        After Band with - for Day Workers who work overtime beyond 7pm, and unpaid meal break of a minimum of 30 minutes must be taken prior to commencing overtime.

 

(iii)       A Day Worker required working an additional period of overtime of 4 hours or more will be required to take a further unpaid meal break of 30 minutes for each additional 4-hour period.

 

Saturday, Sunday or Public Holiday - for Day Workers who work overtime of 4 or more hours, an unpaid meal break of a minimum of 30 minutes must be taken. Day Workers required to work additional overtime will be required to take a further unpaid meal break on completion of 4 or more hours.

 

17.4      Overtime - Day Workers

 

The following overtime provisions will apply to all Day Workers.

 

17.4.1               Day Workers recalled to work overtime will be entitled to a minimum of 4 hours payment for such work; except when such Employee is called in to work immediately before or after the Day Worker’s roster. On these occasions such Employee will be paid for actual hours worked.

 

17.4.2               For overtime worked Monday to Saturday at the rate of time and one half (T1.5) for the first two hours and double time (T2) thereafter.

 

17.4.3               For overtime worked on a Sunday, at the rate of double time (T2).

 

17.4.4               For overtime worked on a Public Holiday, at the rate of double time and one half (T2.5), in addition to the normal remuneration for that day.

 

17.4.5               Employees required to work more than one hour’s overtime either before or after Bandwidth hours Monday to Friday, or for 4 hours or more on a Saturday, Sunday or Public Holiday will be provided with a meal or allowance.

 

17.5      Does an Employee get a break after working overtime?

 

If starting work at the Employee’s next rostered starting time would mean that the Employee did not receive a full ten hour break then either: the Employee may - without loss of pay - start work at such a later time as is necessary to ensure that he or she receives a break of at least ten hours; or the Employer must pay the Employee overtime rates for all work performed until the Employee has received a break of at least ten hours.

 

17.6      Time off instead of payment of overtime

 

17.6.1               Despite clause 17.2 an Employee may choose, with the consent of the Employer, to take time off instead of payment for overtime at a time or times agreed with the Employer. This agreement must be in writing. The Employee must take the time off within 8 weeks of working the overtime unless by mutual agreement.

 

17.6.2               If requested by an Employee, an Employer must, by the pay period after receiving a request, pay the Employee for any overtime worked. The Employee must be paid at overtime rates.

 

18.  Annual Leave

 

18.1      How long is annual leave?

 

An Employee is entitled to annual leave in accordance with the Annual Holiday Act 1944.

 

18.2      When to take annual leave?

 

An Employee may take annual leave at a time agreed with the Employer within twelve months of accrual, unless alternative arrangements are agreed.

 

18.3      How much notice?

 

The Employer and Employee shall seek to reach agreement on the taking of annual leave at a mutually convenient time. In the absence of agreement the Employer may give at least fourteen days notice of the commencement of leave or part of leave which is due to the Employee.

 

18.4      Payment instead of leave?

 

An Employee must take annual leave. However, if the Employee leaves or is dismissed, the Employer must pay the Employee any leave entitlement including a proportionate amount for each full month worked since the Employee began working or last qualified for leave.

 

18.5      Public holidays falling within annual leave

 

18.5.1               If a public holiday falls within an Employee’s annual leave, is prescribed in the award, and is on a day which would have been an ordinary working day, then:

 

extra time equivalent to the public holiday is added to the Employees annual leave; or

 

the Employee can choose to be paid for the public holiday instead of having the extra time.

 

18.5.2               The Employee won’t receive any pay for the public holiday unless:

 

the Employee starts work at the next rostered starting time on the first working day after his or her annual leave ends; or

 

the Employee has a reasonable cause for starting late.

 

19.  Personal Leave

 

19.1      Amount of paid personal leave

 

19.1.1               Paid personal leave is available to an Employee when he or she is absent due to:

 

personal illness or injury (sick leave); or

 

for the purposes of caring for an immediate family or household member that is sick and requires the Employee's care and support (carer's leave); or

 

because of bereavement on the date of an immediate family or household member (bereavement leave).

 

19.1.2               The minimum amount of personal leave to which an Employee is entitled is a minimum of thirty-five (35) hours on full pay for each year of service.

 

19.2      Immediate family or household

 

19.2.1               The entitlement to carer's or bereavement leave is subject of the person in respect of whom the leave is taken being either:

 

(a)        a member of the Employee's immediate family; or

 

(b)       a member of the Employee's household.

 

19.2.2               The term immediate family includes:

 

(a)        spouse (including a former spouse, de facto spouse and a former de facto spouse) of the Employee. A de facto spouse means a person of the opposite sex to the Employee who lives with the Employee as his or her husband or wife on a bona fide domestic basis; and

 

(b)       child or an adult child (including an adopted child, a step child or an ex-nuptial child), parent, grandparent, grandchild or sibling of the Employee or spouse of the Employee.

 

19.3      Sick leave

 

19.3.1               Definition

 

Sick leave is leave which an Employee other than a casual is entitled without loss of pay because of his or her personal illness or injury to a minimum of thirty-five (35) hours and to a maximum of forty (40) hours per year of service cumulative on a three year to date basis.

 

19.3.2               Employee must give notice

 

(a)        Subject to 19.3.2(c), before taking sick leave, an Employee must give at least two hours' notice before his or her next rostered starting time.

 

(b)       The notice must include:

 

the nature of the injury or illness (if known); and

 

how long the Employee expects to be away from work.

 

(c)        If it is not practicable for the Employee to give prior notice of absence, the Employee must notify the Employer by telephone at the first opportunity.

 

19.3.3               Evidence supporting claim

 

The Employee must, if required by the Employer, establish by production of evidence satisfactory to the Employer that the Employee was unable to work because of injury or personal illness.

 

19.3.4               The effect of workers' compensation

 

If an Employee is receiving workers' compensation payments, he or she is not entitled to sick leave.

 

19.4      Bereavement leave

 

19.4.1               Paid leave entitlement

 

An Employee other than a casual Employee is entitled to use a minimum of fourteen (14) hours to a maximum of sixteen (16) hours personal leave or bereavement leave on any occasion on which a member of the Employee's immediate family or household dies.

 

19.4.2               Unpaid leave entitlement

 

Where an Employee has exhausted all personal leave entitlements, including accumulated entitlements, he or she is entitled to use a minimum of fourteen (14) hours to a maximum of sixteen (16) hours unpaid bereavement leave.

 

19.4.3               Evidence supporting claim

 

The Employer may require the Employee to provide satisfactory evidence of the death of the member of the Employee's immediate family or household.

 

19.5      Carer's leave

 

19.5.1               Use of Sick Leave

 

(a)        An Employee other than a casual Employee, with responsibilities in relation to a class of person set out in (c)(2) who needs the Employee's care and support, shall be entitled to use, in accordance with this sub-clause, any current or accrued sick leave entitlement, provided for at Clause 19.3 of the award, for absences to provide care and support, for such persons where they are ill. Such leave may be taken for part of a single day.

 

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

 

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

 

(1)        the Employee being responsible for the care of the person concerned; and

 

(2)        the person concerned being:

 

(i)         a spouse of the Employee; or

 

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

 

(iii)       a child or an adult (including an adopted child, a stepchild, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the Employee or spouse or de facto spouse of the Employee; or

 

(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

 

(v)        a relative of the Employee who is a member of the same household where, for the purposes of this paragraph:

 

(a)        "relative" means - a person related by blood, marriage or affinity;

 

(b)        "affinity" means - a relationship that one spouse because of marriage has to blood relatives of the other; and

 

(c)        "household" means - a family group living in the same domestic dwelling.

 

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

 

19.5.2               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 class of person set out in (c)(2) above who is ill.

 

20.  Parental Leave

 

20.1      See the provisions of the Industrial Relations Act 1996

 

20.2      Maternity Leave

 

20.2.1               Female Employees who have completed at least forty weeks continuous service with an Employer, shall be granted paid Maternity Leave on full pay for 315 hours (Day Workers) and 342 hours (Shift Workers) from the date the Maternity Leave commences. Maternity Leave may commence up to 9 weeks prior to the expected date of birth, as indicated on the medical certificate furnished by the Employee with the application for Maternity Leave.

 

21.  Jury

 

21.1      An Employee other than a casual Employee required to attend for jury service during their ordinary working hours will be reimbursed by the Employer an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the amount of the ordinary wage they would have received Monday to Friday in respect to attendance for jury service.

 

21.2      An Employee shall notify the Employer as soon as possible for the date upon which they are required to attend for jury service.

 

21.3      Further, the Employee shall give the Employer proof of attendance, the duration of such attendance and the amount paid in respect of such jury service.

 

22.  Public Holidays

 

22.1      Employees, other than casuals, shall be entitled to the following holidays without loss of pay:

 

New Year’s Day

Australia Day

Good Friday

Easter Saturday

Easter Monday

Anzac Day

Queen’s Birthday

Newcastle Show Day (for Newcastle Port Corporation Employees only)

National Aboriginal Day (for declared Aboriginal Employees)

Labour Day

Christmas Day

Boxing Day

 

Any additional Public Holiday day - at the discretion of the Employer to nominate or substitute a different day

 

Or such other day as is generally observed in the locality as a substitute for any of the said days respectively:

 

22.2      All time worked by an Employee other than casuals and Shift workers on a public holiday shall be paid for at the rate of double time and one half for the hours worked, with a minimum of four hours additional pay. Alternatively, such Employees who worked on a prescribed holiday may, by agreement, perform such work at ordinary rates plus half-time additional in that week provided that equivalent paid time is added to the Employee’s annual leave or one day in lieu of such public holiday shall be allowed to the Employee during the week in which such holiday falls. Provided that such holiday may be allowed to the Employee within 28 days of such holiday falling due.

 

22.3      Where in a State or Territory or locality within a State or Territory and additional public holiday (other than Easter Saturday) is proclaimed or gazetted by the authority of the Commonwealth Government or of a State or Territory Government and such proclaimed or gazetted holiday is to be observed generally by persons throughout the State or Territory or a locality thereof, or when such a proclaimed or gazetted day is, by any required judicial or administrative order, to be so observed, then such day shall be deemed to be a holiday for the purposes of this award, for Employees covered by this award who are employed in the State, Territory or locality in respect of which the holiday has been proclaimed or ordered as required.

 

23.  Long Service Leave

 

23.1      An Employee is entitled to long service leave in accordance with the Long Service Leave Act 1955 (NSW) except where elsewhere provided in a certified agreement between the parties of this Award.

 

24.  Savings Clause

 

24.1      The Parties agree that the provisions of an Enterprise Agreement which provide Employees with better terms and conditions may override the provisions of this Award to the extent of any inconsistency.

 

25.  Enterprise Flexibility Agreement

 

25.1      In this clause a "relevant union" means - an organisation of Employees that:

 

is party to this award; and

 

has one or more members employed by the Employer to perform work in the relevant enterprise or workplace.

 

25.2      At each enterprise or workplace, consultative mechanisms and procedures will be established comprising representatives of the Employer and Employees. Each relevant union will be entitled to be represented.

 

25.3      The particular consultative mechanisms and procedures will be appropriate to the size, structure and needs of the enterprise or workplace.

 

25.4      The purpose of the consultative mechanisms and procedures is to facilitate the efficient operation of the enterprise or workplace according to its particular needs.

 

25.5      Where agreement is reached at an enterprise or workplace through such consultative mechanisms and procedures, and where giving effect to such agreement requires this award, as it applies at the enterprise or workplace, to be varied, an application to vary will be made to the Commission. The agreement will be made available in writing, to all Employees at the enterprise or workplace and to the unions, party to this award.

 

26.  Area, Incidence and Duration

 

(a)        This award will apply to the industry of persons employed by Sydney Ports Corporation, Port Kembla Port Corporation and Newcastle Port Corporation (the Employer) other than those positions excluded under the definition of Employee.

 

(b)        This award is made following a review under section 19 of Industrial Relations Act 1996 and rescinds and replaces the NSW Port Corporations Award 1999 2001 published 12 April 2002 (I.G.332, 890)18 August 2000 published (317 I.G. 1183).

 

(c)        The award published 18 August 200012 April 2002 took effect from the beginning of the first pay period to commence on 12 August 1999 and the variations thereof incorporated therein.

 

(d)        The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 18 December 1998 (308 IG 307) take effect on18        July 2001 4 March 2005.

 

(e)        The award remains in force until varied or rescinded.

NSW Port Corporations Award 1999 B9147 317 1183

PART B

 

Wage Rates

 

An adult employee of a classification specified in the table hereunder (other than an Apprentice or Trainee) shall not be paid less than the total rate per week assigned to the classification in which the employee is working.

 

Position		Total	Total Rate	Minimum	Residual	Disability	Annual Leave
		Rate pa	pw	Rate pw	pw	& Travel	Loading pw
						Allowance
		$	$	$	$	$	$
Marine Officer
Award Level 1		24715	473.66	467.40	00	-	6.26
Marine Officer
Award Level 2		28706	550.14	506.60	00	36.27	7.27
Marine Officer
Award Level 3		34632	663.73	561.20	52.28	41.47	8.78
Marine Officer
Award Level 4		39040	748.21	684.40	00	53.92	9.89
Marine Officer
Award Level 5		43889	841.13	767.80	00	62.21	11.12
Marine Officer
Award Level 6	50954		976.54	889	00	74.63	12.91
Marine Officer
Award Level 7	54683		1048	1014.10	20.04	-	13.86
Marine Officer
Award Level 8	62449		1196.83	1181	00	-	15.83
Marine Officer
Award Level 9	69125		1324.77	1277	30.13	-	17.64
Marine Officer
Award Level 10	77695		1489.02	1420	49.33	-	19.69

 

Shift worker Classification	Minimum Rate pa	Minimum Weekly Rate
	$	$
Shift worker (Port Services Level 1)	17626	337.80
Shift worker (Port Services Level 2)	20228	387.66
Non Continuous Shift worker	7560	144.88
Shift Co-ordinator (Newcastle only)	19285	369.60
Shift Supervisor (Sydney only)	21307	408.34

 

First Aid Allowance	Minimum Rate pa	Minimum Weekly Rate
	$	$
Appointed First Aid Officer	549	10.53

 

 

 

R. W. HARRISON  D.P.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.