WALES COLLIERS AND SMALL SHIPS (STATE) AWARD
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 955 of 2001)
Before the Honourable Justice Kavanagh
8 June 2001
Clause No. Subject Matter
Rates of Pay
4. Times of
5. Hours of
and Other Utensils
and Protective Clothing and Footwear
Stranded or Wrecked or On Fire
19. Stop Work
Incidence and Duration
Table 1 - Wages
Table 2 - Other Rates
port" shall mean the time from arrival to departure.
sea" shall mean the time from departure to arrival.
shall mean the time when the vessel is unmoored to proceed to sea.
shall mean at the time when the vessel is moored at a place where she ships or
shall include bay, river or roadstead.
shall mean an open bay or inlet occupied by a loading jetty.
shall mean from midnight to midnight.
port" shall mean the vessels identified homeport.
shall include anchored, but not when a ship is anchored through stress of
weather, fog, conditions of tide, waiting for orders, quarantine or other legal
means any person engaged or employed by an employee in the classification
capacity of able seamen, sailors, greasers, firemen, trimmers, deckhands,
seamen/greasers, Chief Integrated Rating, Integrated Rating, Marine Cook and
Chief Stewart/Caterer or Catering Attendant.
those classifications in 2.10 excluding cooking and catering employees.
employee" means an employee engaged as a casual and paid as such.
union" shall mean The Seamen's Union of Australia, New South Wales Branch.
3. Aggregate Rates of
3.1 The rates of
pay shall be as set out in Table 1 - Wages of Part B, Monetary Rates of this
3.2 The amounts
payable to an employee pursuant to this clause shall constitute the whole of an
employee's remuneration, to take account of all aspects and conditions of
employment unless otherwise provided for in this award covering 7 days per week
in the industry both general and particular.
No additional or other payment shall be payable in respect of overtime
or any other penalty disability of any kind to any other condition of
employment whatsoever and shall be deemed to include hardlying allowances.
4. Times of Payment
4.1 An employee
other than a casual (see 4.4 below) be paid at the rate of the annual aggregate
salary set out in clause 3, Aggregate Rates of Pay, herein appropriate for an
employee of his classification.
4.2 An employee
shall be paid fortnightly no later than the close of business on every second
Thursday or on such other day as otherwise agreed, by means of a direct deposit
transfer into a nominated financial institution account.
4.3 The rates of
salary payable fortnightly shall be at one twenty-sixth of the annual aggregate
4.4 A payment
advice detailing amounts due and leave entitlements shall be provided to the
4.5 Payment for
additional days not comprising a complete fortnight shall be paid at
one-fourteenth of the fortnightly rate.
4.6 On termination
of employment, all moneys due at the time of discharge shall be paid within 24
hours, unless that day shall be a Saturday, Sunday or public holiday, when such
payment shall, if reasonably possible, be paid before noon on the Monday or the
day following a holiday.
4.7 If the amount
of moneys due is in dispute and the parties fail to agree, it shall be referred
within seven days of the date the dispute arises to the New South Wales
Industrial Relations Commission for decision.
4.8 A casual
employee shall be engaged casually and paid at the pro-rata hourly rate but no
loading shall apply. A casual shall also receive 1/12 in addition to the
pro-rata hourly rate to compensate for holiday pay.
5. Hours of Duty
5.1 The ordinary
hours of work shall not exceed eight in any one day and except as provided in
subclause 5.2 of this clause, shall be worked between the following hours:
Seafarer: On a day when the ship is in a main port between
the hours of 7.00 a.m. and 5.00 p.m. In
all other cases, in watches of four hours on duty with intervals of eight hours
off duty or such other times as agreed with the Master.
5.2 An employee
shall carry out such duties and shall work such hours in excess of or outside
his ordinary hours of duty as he may reasonably be required to work to enable
the vessel to be operated and to be maintained in accordance with the
reasonable requirements of the employer.
Except as provided for in this award, every employee shall
be liable for duty in accordance with the provisions of this clause at any time
at sea or in port and shall not be entitled to any additional payment for any
excess over the ordinary length of his duties in a day or outside his ordinary
hours of duty.
6. Meal Hours
6.1 When a ship is
in port and not duly treated as being at sea, meal times of one hour each shall
be allowed as follows:
Breakfast - Any one hour between 7 a.m. and 9 a.m.
Dinner - Any one hour between noon and 2 p.m.
Tea - Any one hour between 5 p.m. and 7 p.m.
6.2 Where a ship
works after 11 p.m. at a loading port or jetty, one hour shall be allowed for a
cold supper between 11 p.m. and 1 a.m., but it shall not be necessary for all
hands to have their supper together.
6.3 The meal hour
shall not be curtailed without the consent of the seamen, except in cases of
emergency in which the Master shall be the judge, or for the purpose of
shifting ship or mooring or unmooring the ship. Any such curtailment shall not exceed 30 minutes.
6.4 When a vessel
is at sea, meal reliefs shall be arranged mutually between the Master and
employees as has been the practice.
6.5 Cooks shall,
for the purpose of consuming their meals, be allowed one hour for breakfast,
one hour for dinner and one hour for tea.
Such meal hours shall be given and taken in so far as practicable and
may only be curtailed or altered if the Master or officer-in-charge deems it
7. Victualling and
7.1 The employer
shall accommodate and keep the employee while on the vessel and there shall be
no deduction for keep.
7.2 If an employee
whilst on Articles is not provided with victualling and accommodation, he shall
receive an allowance equal to those allowances paid to seamen engaged on
vessels under the Maritime Industry Modern Ships Award, 1998. Provided that these allowances shall not be
paid in the case of an employee on leave at the homeport.
8. Provisions and
shall, where practicable in all circumstances and correlated with the running
of the vessel, take all reasonable steps to have provisions and stores
delivered to the vessel to facilitate those stores being stowed on the vessel
in the forenoon or immediately on arrival.
9.1 Leave shall be
correlated on the basis of two crews and every employee shall be entitled to
accrue intervals of leave from his vessel in the home port without loss of pay
at the rate of 1.167 intervals of leave for each day of duty on board the vessel during his
employment. The said rate of accrual
shall be deemed to include annual leave and gazetted public holidays.
rostered leave shall be taken in alternate periods of relief as mutually agreed
upon and shall operate as a "duty roster" and "leave
9.3 Subject to
subclause 9.2 of this clause intervals of leave accrued may be given and taken
9.3.1 When the
employer so requires, at the home port in any period of 24 consecutive hours
during rostered duty or together with rostered leave.
9.3.2 Period of
accrued leave may be given during lay-up periods associated with annual
overhauls and/or miners holidays.
9.3.3 Leave may be
given or taken by mutual agreement at any port on any day and for any period
during employment in a main port.
9.3.4 Leave shall
begin and end at the home port.
9.4 If on any day
an employee declines to work in an outport such employee can be debited with a
day's leave against his entitlement.
9.5 For the
purpose of this clause a day of duty shall be deemed to be a day during which
9.5.1 is on Articles,
other than a day on which:
(a) employee is on
(b) employee fails
or refuses to attend for or perform work as lawfully required, provided that
leave shall accrue pro rata for any period of that day during which he does
attend for and perform work as lawfully
9.5.2 is necessarily
involved in travelling to or from a vessel or place of work as required by his
9.5.3 is working off
Articles in a port other than as a workby at casual rates.
9.6 Nothing in
this clause is intended to eliminate regularly rostered systems of leave where
these are appropriate.
9.7 Where the
employment is terminated before the employee takes accrued leave, the employee
shall be paid for each day accrued in addition to all other amounts due to the
10. Bedding and Other
10.1 Bed, bedding,
linen, towels, soap, eating utensils, washing cloths and drying towels shall be
supplied by the employer.
11. Long Service
11.1 New South Wales
Long Service Leave Act 1995, as
12. Sickness and
12.1 In the event of
an employee suffering sickness or accident of the kind referred to in section
127 and 132 of the Navigation Act in circumstances where an owner of a ship
would, under these sections, be required to continue payment of wages, the
employee shall be paid the aggregate wage rate prescribed in subclause 3.1, in
accordance with the said sections and thereafter he shall be paid in accordance
with the provisions of the New South Wales Compensation
Act 1987, as amended.
13.1 Use of Sick
13.1.1 An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in sub clause 13.1.3(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 12, Sickness
and Accident, 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.
13.1.2 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
13.1.3 The entitlement
to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
(a) a spouse of
the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
means a person related by blood, marriage or affinity;
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
means a family group living in the same domestic dwelling.
13.1.4 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.
13.2 Unpaid Leave
for Family Purpose
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in sub clause 13.1.3(b) who is ill.
13.3 Annual Leave -
13.3.1 An employee may
elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five
days in single day periods or part thereof, in any calendar year at a time or
times agreed by the parties.
13.3.2 Access to annual
leave, as prescribed in subclause 13.3.1, shall be exclusive of any shutdown
period provided for elsewhere under this award.
13.3.3 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
13.4 Time Off in
Lieu of Payment for Overtime
13.4.1 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.
13.4.2 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.
13.4.3 If, having
elected to take time as leave in accordance with subclause 13.4.1, 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.
13.4.4 Where no
election is made in accordance with the said paragraph 13.4.1, the employee
shall be paid overtime rates in accordance with the award.
13.5 Make-up Time -
13.5.1 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.
13.5.2 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.
13.6 Rostered Days
13.6.1 An employee may
elect, with the consent of the employer, to take a rostered day off at any
13.6.2 An employee may
elect, with the consent of the employer, to take rostered days off in part day
13.6.3 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.
13.6.4 This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
14. Bereavement Leave
14.1 An employee,
other than a casual employee, shall be entitled to up to two days bereavement
leave without deduction of pay, on each occasion of the death of person as
prescribed in subclause 14.3.
14.2 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.
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer's leave as set out in subclause
13.1.3, provided that, for the purpose of bereavement leave, the employee need
not have been responsible for the care of the person concerned.
14.4 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.
leave may be taken in conjunction with other leave available under subclauses
13.2, 13.3, 13.4, 13.5,13.6. In determining such a request, the employer will
give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
15.1 Should an
employee or employees be absent at the time of departure, the crew may be
required to go to sea shorthanded; provided that the minimum manning prescribed
in Table 2 of Part 2 of, 1987 - No. 254 Regulation, Commercial Vessels Act 1979.
15.2 Should an
employee or employees be absent at the time of departure and, by reason of
explanation satisfactory to the Master are not discharged, shorthand money
specified in subclause 15.3 of this clause shall not be paid.
15.3 If the employee
or employees are dismissed, shorthand money as would have been the normal
earnings of the employee(s) so dismissed shall be paid in equal amounts to the
union members who took the ship to sea.
16. Industrial and
Protective Clothing and Footwear
16.1 Upon request,
each employee for their own use shall be supplied free with wet weather
clothing, work boots or shoes and two boiler suits and gloves.
16.2 The items of
clothing issued to the employee shall be retained by the employee for their use
on the vessel on which the seafarer is employed at the date of the issue and
any vessels on which they may become employed thereafter and the employee shall
be responsible for taking proper care of the said items. There shall be no
property rights in the items of clothing issued to the employee other than by
the employer or any other shipowner by whom any of the said items have been
16.3 An employee who
has been issued by the employer or any other shipowner with items of clothing
referred to in this clause may at any time after the issue thereof claim from
the employer that any such items should be replaced. The employer shall only be obliged to replace any of the said
items if such employee satisfies the employer:
16.3.1 that the item
concerned has been destroyed or has been rendered unusable;
that the item concerned was
damaged or was stolen without
the fault or neglect of the employee whilst aboard the vessel of the employer;
that the employee
has outgrown the item concerned
and that it is too small for proper use by him.
16.4 Subject to
clothing supplied free under subclause 18.1 of this clause industrial clothing
shall be subsidised by the employer on the basis of the employer paying two-thirds
of the cost of the uniform clothing for each employee for each year of
employment. The type, quality and quantity to be the same but shall not exceed
that issued generally to employees in the industry.
17. Ships Stranded or
Wrecked or On Fire
17.1 If a ship in
the course of a voyage becomes wrecked or stranded and the employees are called
on for special efforts while the ship is still wrecked or stranded they shall,
for the time during which they so assist, be paid at the rate as set out in
Item 1 of Table 2 per hour in addition to the rates set out in clause 3,
Aggregate Rates of Pay.
17.2 For the
purposes of this clause a ship shall be deemed to be wrecked if, while at sea,
it is so disabled so as to be a dangerous crisis and unable for the time being
to continue its voyage in the ordinary course of its operations.
17.3 Where a ship
grounds in a tidal river or harbour and is refloated by ordinary means, with or
without cargo, and without special work such as laying out anchors and handling
hawsers being required of the employees, it shall not be deemed to be wrecked
or stranded within the meaning of subclause 17.2.
anything in this clause, in the case of wreck or loss of the ship, proof that
any seaman has not exerted himself to the utmost to save the ship, human life,
cargo, stores and equipment, shall bar his claim to wages as if section 84 of
the Navigation Act 1912 applied to
the case. Questions of fact under this
subclause shall be determined as provided in section 82 of the said Act.
17.5 If by fire,
explosion, foundering, collision or stranding an employee sustains damage or
loss to this equipment or personal effects an employer shall reimburse the
employee for such loss but the amount of such reimbursement shall not exceed
the sum as set out in Item 2 of Table 2.
See section 84/85 of the Navigation
19. Stop Work
19.1 The employer
shall allow all crews of ships when in the homeport to attend a stop work
meeting of the Union on the last Tuesday of each month between the hours of 8
a.m. and noon without any deduction of wages on that account.
Provided that this subclause shall not apply to members who
insist in the breakfast meal being supplied earlier than on ordinary days. On
the days of the said stop work meeting the breakfast hour for the employees
shall be from 7 a.m. to 8 a.m. and the dinner hour from noon to 1 p.m.
Provided further that any employee who, under the foregoing
conditions, attend such stop work meetings and is not back on board his ship by
noon shall have his dinner hour curtailed and shall be ready to and shall
return to work at 1 p.m.
19.2 A stop work
meeting may be held in the port of Sydney on the second Monday in March, June,
September and December of each year, or on other occasions as agreed between
the parties, provided that such meetings are in place of and in substitution
for the said last Tuesday stop work meeting prescribed by subclause 19.1 of this clause, of the then current month.
19.3 No other stop
work meeting shall be held during working hours.
19.4 Except in the
case of the quarterly Monday stop work meetings provided for by subclause 19.2
of this clause shall not apply to crews of vessels which are due to sail at or
before noon on the day of the meeting.
19.5 In all cases a
competent seaman shall remain on board for such duties as may be required.
19.6 This clause
shall not apply whenever the Master honestly believes the safety of the ship or
shifting of the vessel renders it necessary for any or all of the crew to
remain on board in so far as those members of the crew who are considered
20.1 The Master may
discharge any seafarer any seafarer may obtain discharge after giving 24 hours
notice, expiring at the home port.
20.2 If a ship is
laid up in any port other than the seafarer’s employee may be discharged on 24
hours notice but in that case the employee shall be provided by the employer
with a free passage to their home port with wages and sustenance up to the time
at which, in due course, the employee should arrive thereat.
21.1 If an employee
becomes intoxicated or disorderly the Master or, in his absence, the officer or
engineer on watch, may dismiss the seafarer instantly if in port or if at sea
log the seafarer and dismiss the seafarer on arrival at the first port. In this case the provisions of subclause
20.2, will not apply.
22.1 When a vessel
is engaged in towing another vessel or is herself being towed, each member of
the crew so engaged in the towing operation shall be paid one day's pay for
each 24 hours or portion thereof for the time so employed. These payments will be in addition to their
fortnightly rate of pay.
22.2 In computing
the time engaged in towing, the time occupied in preparing for the tow and in
stowing the towing gear away at the completion of the tow shall be counted.
23. Severance Pay
23.1 Where an
employee whose services are terminated because of the decommissioning or sale
off the coast of a vessel and in the case where an employee is not offered
suitable alternative employment by the employer, the employee shall be paid of
continuous service and pro rata for completed months thereof on such vessel as
23.2 The redundancy
formula will be the sum of the following:
0 - 15years 4 week’s pay per year of
16 - 25years 3
week’s pay per year of company service
26 - 30 years 2
week’s pay per year of company service
31 years and over 1
week’s pay for every year of company service.
23.3 The redundancy
package will be paid out at the employee's Annual Aggregate Wage.
24.1 Subject to the
Act the following procedure shall apply where a matter arises which could lead
to a dispute affecting any member or members of a union party to this
(a) Where the
delegate or representative on the collier or small ship of the union concerned
becomes aware of any such matter the delegate or representative shall forthwith
take it up with the local manager.
(b) If the matter
cannot be settled the delegate or representative of the union shall forthwith
refer it to the secretary of the local branch of the union for discussion with
the local manager.
(c) If the matter
cannot be settled by the relevant branch official of the union concerned and
the appropriate company representative it shall be referred to the Commission
(d) If any such
matter arises on a collier which is proceeding by sea outside the limits of
bays, harbours or rivers, the delegate or representative of the union concerned
on the collier shall, if the matter relates to the collier, take it up with the
master of the collier. If the matter
cannot be settled by the delegate or representative and the master, the
delegate or representative shall forthwith upon reaching port, refer the matter
to the secretary of the local branch of the union concerned and the master
shall forthwith refer the matter to the industrial representative of the company.
24.2 Work shall
continue pending any determination of any matter or dispute in accordance with
the above procedures. The provisions of this Clause shall be construed as a
means to minimise industrial action because of disputes, and in no way shall be
construed as meaning that the right of employees to strike has been removed.
25. Ship's Articles
25.1 All conditions
of this award shall be accepted by the employees as part of the Articles of
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
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
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
26.4.4 a party to this
award from pursuing matters of unlawful discrimination in any state or federal
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.
26.5.1 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
26.5.2 Section 56(d) of
the Anti-Discrimination Act 1977
26.5.3 "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
27. Area, Incidence
This award rescinds and replaces the following award:
(State) Award published 19 July 1991 (264 I.G. 8), and all variations thereof.
The changes made to the award pursuant to the award Review
pursuant to section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 18 December
1998 (308 I.G. 307) and take effect on 8 June 2001.
This award remains in force until varied or rescinded, the
period for which it was made having already expired.
It shall apply to able seamen and other classifications
employed on colliers and all vessels carrying stone, metal and other materials
within the jurisdiction of the Shipping, Sailors, Deep Sea (State) Conciliation
Table 1 - Wages
Trimmers, General Purpose Hands,
Chief Integrated Rating, Chief
Table 2 - Other Rates and Allowances
Ships Stranded or Wrecked or On Fire
10.00 per hour
Ships Stranded or Wrecked or On Fire
Shipping, Sailors, Deep Sea (State) Industrial Committee
Industries and Callings
Sailors, lamp trimmers, greasers, firemen, trimmers and
deckhands employed on sea-going vessels in the State;
Those employed on ferryboats and tugs; and excepting also
employees of -
Australian Iron and Steel Proprietary Limited, within the
jurisdiction of the Iron and Steel Works Employees (Australian Iron and Steel
Proprietary Limited) Industrial Committee; and the Quarries (Australian Iron and Steel Pty Limited)
Industrial Committee; Sydney Port Authority; Hunter Port Authority and
Illawarra Port Authority.
T. M. KAVANAGH J
Printed by the authority of the Industrial Registrar.