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New South Wales Industrial Relations Commission
(Industrial Gazette)





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NEW SOUTH WALES COLLIERS AND SMALL SHIPS (STATE) AWARD
  
Date10/05/2001
Volume328
Part2
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C0415
CategoryAward
Award Code 150  
Date Posted02/13/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(150)

SERIAL C0415

 

NEW SOUTH WALES COLLIERS AND SMALL SHIPS (STATE) AWARD

 

INDUSTRIAL RELATIONS 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

 

 

REVIEWED AWARD

 

PART A

 

1.         Arrangement

 

PART A

 

Clause No.      Subject Matter

 

1.          Arrangement

2.          Definitions

3.          Aggregate Rates of Pay

4.          Times of Payment

5.          Hours of Duty

6.          Meal Hours

7.          Victualling and Accommodation

8.          Provisions and Stores

9.          Leave

10.        Bedding and Other Utensils

11.        Long Service Leave

12.        Sickness and Accident

13.        Personal/Carer's Leave

14.        Bereavement Leave

15.        Sailing Shorthanded

16.        Industrial and Protective Clothing and Footwear

17.        Ships Stranded or Wrecked or On Fire

18.        Shipwrecked Seafarer

19.        Stop Work Meetings

20.        Discharge

21.        Dismissal

22.        Towing

23.        Severance Pay

24.        Disputes

25.        Ship's Articles

26.        Anti-Discrimination

27.        Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

Table 2 - Other Rates and Allowances

 

2.  Definitions

 

2.1        "In port" shall mean the time from arrival to departure.

 

2.2        "At sea" shall mean the time from departure to arrival.

 

2.3        "Departure" shall mean the time when the vessel is unmoored to proceed to sea.

 

2.4        "Arrival" shall mean at the time when the vessel is moored at a place where she ships or unships cargo.

 

2.5        "Port" shall include bay, river or roadstead.

 

2.6        "Roadstead" shall mean an open bay or inlet occupied by a loading jetty.

 

2.7        "Day" shall mean from midnight to midnight.

 

2.8        "Home port" shall mean the vessels identified homeport.

 

2.9        "Moored" 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 restrictions.

 

2.10      "Employee" 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.

 

2.11      "Seafarer" those classifications in 2.10 excluding cooking and catering employees.

 

2.12      "Casual employee" means an employee engaged as a casual and paid as such.

 

2.13      "The union" shall mean The Seamen's Union of Australia, New South Wales Branch.

 

3.  Aggregate Rates of Pay

 

3.1        The rates of pay shall be as set out in Table 1 - Wages of Part B, Monetary Rates of this award.

 

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 salary.

 

4.4        A payment advice detailing amounts due and leave entitlements shall be provided to the employee fortnightly.

 

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 necessary.

 

7.  Victualling and Accommodation

 

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 Stores

 

8.1        Employers 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.  Leave

 

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.

 

9.2        Regularly rostered leave shall be taken in alternate periods of relief as mutually agreed upon and shall operate as a "duty roster" and "leave roster".

 

9.3        Subject to subclause 9.2 of this clause intervals of leave accrued may be given and taken as follows:

 

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 the employee:

 

9.5.1     is on Articles, other than a day on which:

 

(a)        employee is on leave; or

 

(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 required; or

 

9.5.2     is necessarily involved in travelling to or from a vessel or place of work as required by his employer; or

 

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 employee.

 

10.  Bedding and Other Utensils

 

10.1      Bed, bedding, linen, towels, soap, eating utensils, washing cloths and drying towels shall be supplied by the employer.

 

11.  Long Service Leave

 

11.1      New South Wales Long Service Leave Act 1995, as amended.

 

12.  Sickness and Accident

 

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.  Personal/Carer's Leave

 

13.1      Use of Sick Leave -

 

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 person.

 

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 concerned being:

 

(a)        a spouse of the employee; or

 

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

 

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

 

(d)        a same sex partner who lives with the employee as 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 this subparagraph:

 

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

 

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

 

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

 

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 taken.

 

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 Off -

 

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

 

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

 

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.

 

14.3      Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer's leave as set out in 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.

 

14.5      Bereavement 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.  Sailing Shorthanded

 

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 issued.

 

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.

 

17.4      Notwithstanding 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.

 

18.  Shipwrecked Seafarer

 

See section 84/85 of the Navigation Act 1912.

 

19.  Stop Work Meetings

 

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 necessary.

 

20.  Discharge

 

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.  Dismissal

 

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.  Towing

 

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 follows;

 

23.2      The redundancy formula will be the sum of the following:

 

0  - 15years                  4 week’s pay per year of company service

 

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.  Disputes

 

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 agreement:

 

(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 for determination.

 

(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 Agreement.

 

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 and age.

 

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:

 

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 provides:

 

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 religion.

 

27.  Area, Incidence and Duration

 

This award rescinds and replaces the following award:

 

(i)         Colliers (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 Committee.

 

PART B

 

MONETARY RATES

 

Table 1 - Wages

 

Classification

Weekly Aggregate Wage $

Annual Aggregate Wage $

Able Seamen;

1001.80

52,094.00

Sailors,

 

 

Greasers,

 

 

Firemen,

 

 

Trimmers, General Purpose Hands, 

 

 

Integrated Rating,

 

 

Catering Attendant

 

 

Chief Integrated Rating, Chief

1041.80

54.177.00

Stewart/Caterer

 

 

Chief Cook

 

 

 

 

Table 2 - Other Rates and Allowances

 

Item No.

Clause No.

Description

Amount $

1

17.1

Ships Stranded or Wrecked or On Fire

10.00 per hour

2

17.5

Ships Stranded or Wrecked or On Fire

2730

 

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;

 

excepting -

 

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.

 

 

 

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