1
DECKHANDS (PORT HEDLAND)
AGREEMENT 1978
No. AG 27 of 1978
This Agreement made in pursuance of the Industrial Arbitration Act, this 30th day of October 1978, between the Maritime Workers' Union of Western Australia, Industrial Union of Workers' on the one part and Elder Prince Marine Services Pty. Ltd. of the other part witnesseth as follows:-
1.-TITLE
This Agreement shall be known as the Deckhands (Port Hedland) Agreement 1978.
2.-ARRANGEMENT
1.Title
2.Arrangement
2A.State Wage Principles - September 1989
3.Area and Scope
4.Term
5.Hours of Duty
6.Meals
7.Rates of Pay
8.Special Rates
9.District Allowance
10.Overtime
11.Special Conditions Regarding Excessive Overtime
12.Saturday, Sunday and Holiday Work
13.Leave
14.Industrial Clothing and Footwear
15.Holidays
16.Annual Leave
17.Sick Leave
18.Long Service Leave
19.Payment of Wages
20.Contract of Service
21.Preference to Unionists
22.Definitions
23.Additional Payment
24.Travel Assistance
25.Provision of Transport
26.Meal Allowance
27.Stop work Meetings
28.Accommodation Allowance
29.Telephones
30.Compassionate Leave
31.Liberty to Apply
Appendix - Resolution of Disputes Requirement
2A.-STATEWAGEPRINCIPLES-SEPTEMBER1989
It is a term of this agreement that the unions undertake for the duration of the Principles determined by the Commission in Court Session in Application No. 1940 of 1989 not to pursue any extra claims, award or overaward, except when consistent with the State Wage Principles.
3.-AREAANDSCOPE
This Agreement shall operate within the limits of the Port of Port Hedland, and the servicing of Navagational Aids within ten kilometres of the Port of Port Hedland; and shall apply to Deckhands employed by the employer on vessels of any description or on maintenance duties ashore or afloat.
4.-TERM
The Term of this Agreement shall be from the beginning of the first pay period after the date hereof and shall remain in force for two years.
5.-HOURSOFDUTY
The ordinary hours of duty shall not exceed forty per week to be worked in not more than eight consecutive hours (exclusive of meal hours) on any one day between the hours of 8.00 a.m. and 5.00 p.m.
6.-MEALS
(1)The following meal times shall be observed by the Company and the worker -
Breakfast:one hour between 7.00 am to 9.00 am
Lunch:one hour between Noon to 2.00 pm
Tea:one hour between 5.00 pm to 7.00 pm
Supper:one hour between 11.00 pm to 1.00 am
(2)For all work performed during the above meal times ordinary time rates of pay (in addition to any other rates otherwise payable for the relevant period) shall be paid and shall continue to be paid until the worker has been knocked off for the full priod of a meal.
7.-RATESOFPAY
(1)The rate of pay payable to employees employed under this agreement shall be not less than;
Deckhand: Annual aggregate wage as from the beginning of the first pay period commencing on or after the 2nd day of March, 1990, $42,289.00.
(2)Casual employees shall be paid 30% in addition to the rates of pay prescribed in subclause (1) of this clause.
8.-SPECIALRATES
In addition to the rates of pay prescribed in clause 7. - Rates of Pay hereof, the following special rates shall apply:-
cents per hour extra
All work in bilges, fuel or oil tanks
or under engine room tank tops -50¢
All work in peaks, chain lockers or
water tanks -30¢
Spray painting, sandblasting, applying
tar. flintcote, rosbinite, res-q-steel
or compositions of a similar nature:
(a)in a confined space -50¢
(b)otherwise -35¢
Use of pneumatic chipping machines,
jackhammers or flame throwers -20¢
9.-DISTRICTALLOWANCE
The District Allowance appropriate to the Port of Port Hedland shall be paid to workers employed under this Agreement. The rate appropriate at the date of this Agreement being fourteen dollars.
10.-OVERTIME
(1)Except as herein provided, for all time worked in excess of or outside the ordinary hours of labour on any day Saturdays, Sundays and Public Holidays excepted, overtime shall be paid at the rate of one and a half times the ordinary rate for the first two hours and double rates thereafter. Provided that all work performed after 9.30 p.m. and up to 8.00 a.m. shall be paid at the rate of double time.
(2)When time of duty commences before or extends beyond the ordinary hours of days work overtime payments shall be made only for the actual time worked prior to or subsequent to ordinary hours as the case may be.
(3)An employee having ceased duty upon any day who is required to resume duty thereafter shall be entitled to a minimum payment as for four hours for each resumption. Broken times shall be counted to the next half hour.
(4)In addition to the payment prescribed in subclause (3) hereof an employee shall be entitled to payment for travelling time of one hour at the ordinary rate of pay for each resumption of duty.
11.-SPECIALCONDITIONSREGARDING
EXCESSIVEOVERTIME
(1)A worker who has been on duty continuously for more than eighteen hours including meal breaks, shall not be required by the employer to continue duty, except for the completion of a job already commenced, until he has had for the purpose of rest a period of eight hours exclusive of meal breaks.
(2)Continuity of duty for the purpose of this clause shall not be regarded as broken either by meal breaks taken by him or of the worker being off duty for a period of not more than four hours.
(3)Notwithstanding what is contained in subclause (1) of this clause, a worker required to continue on duty beyond eighteen hours shall be paid at the rate of double time in addition to any ordinary or overtime rate being paid until such worker has been knocked off for the full eight hours exclusive of meal breaks.
12.-SATURDAY,SUNDAYANDHOLIDAYWORK
(1)All time worked during ordinary hours on Saturday shall be paid at the rate of time and one half for the first two hours and double time thereafter.
(2)All time worked during ordinary hours on a Sunday shall be paid at the rate of double time.
(3)For all time worked outside ordinary hours on a Saturday or a Sunday, payment shall be made at double ordinary rates of pay with a minimum payment as for four hours.
(4)An employee required to work on a public holiday specified in clause 15. - Holidays shall -
(a)For work performed in ordinary hours specified in clause 5. - Hours of Duty, in addition to the day free of duty on pay to which he becomes entitled under clause 13. - Leave hereof, be paid at the rate of time and one half for all hours so worked with a minimum payment as for four hours, in addition to the daily rate of pay.
(b)For work performed outside ordinary hours as specified in this Agreement at the rate of double time and a half for all such hours worked, with a minimu payment as for four hours.
(c)Provided that only one minimum payment shall become payable for each period of duty on any day.
(5)The rates of pay for ordinary hours worked on Saturday and Sunday shall be discharged by the payment of half or single time as the case may be the balance being paid in accordance with clause 13. - Leave of this Agreement.
13.-LEAVE
(1)An employee shall be entitled without loss of pay to 140 days free of duty in each year of continuous service, or to proportionate leave for any continuous service of less than a year, such leave to include -
(a)104 intervals of leave, each of 24 consecutive hours;
(b)five week's annual leave (25 days) as specified in clause 16. - Annual Leave;
(c)the public holidays specified in clause 15. - Holidays.
(2)Subject to clause 16. - Annual Leave each employee shall be paid the daily rate (as defined) for each day of leave.
(3)Any Saturday or Sunday which falls within the period of an employees annual leave shall be taken into account as a day free of duty provided for in this clause.
(4)An employee upon termination of his employment shall be entitled to be paid at the appropriate rate provided for in subclause (b) of this clause for any days of leave not granted to him during his employment, in lieu of his entitlement to such leave.
(5)Continuous Service - For the purpose of this clause an employee shall be deemed to have served continuously for the aggregate of his service although such service may have been temporarily interrupted by transfer to some other work of his employer or for the convenience of his employer or by suspension of operations or breakdown of plant or machinery.
(6)Employers in each port, in consultation with representatives of the unions concerned, in order to satisfy the leave entitlement of employees, shall prepare a roster to give as far as practicable predictability to the taking of such leave, subject to illness or other unforeseeable circumstances.
14.-INDUSTRIALCLOTHINGANDFOOTWEAR
The Company shall supply to each employee each twelve months three shifts, one jumper, three pairs of shorts or trousers and one pair of boots. A worker who leaves his employment within four months of an issue of overalls shall return that issue to the employer in good order and condition, fair wear and tear excepted. Upon request of the worker, each Deckhand for his own use shall be supplied by the employer with an oil-skin suit, souwester, sea boots and gloves.
15.-HOLIDAYS
(1)The following days, or the days observed in lieu thereof shall be allowed as holidays: Namely, New Year's Day, Good Friday, Anzac Day, Labour Day, Picnic Day, Christmas Day and Port Hedland Cup Day.
(2)Whenever any holiday falls on an ordinary working day, and the worker is not required to work on such day, he shall be paid for the ordinary hours he would have worked on such day if it had not been a holiday.
16.-ANNUALLEAVE
(1)Except as hereinafter provided a period of five consecutive weeks leave with payment of ordinary wages plus a loading of twenty five per centum shall be allowed annually to a worker by the employer after a period of twelve months continuous service with that employer.
(2)If any of the holidays prescribed in clause 15. - Holidays of this Agreement falls within a workers period of annual leave and observed on a day which in the case of that worker would have been an ordinary working day, then it shall be added to that period one day being an ordinary working day for each such holiday observed as aforesaid.
(3)After one months continuous service in any qualifying twelve monthly period a worker whose employment terminates shall be paid five twelfths of a weeks pay at his ordinary rate of pay in respect of each complete month of service in that qualifying period.
17.-SICKLEAVE
(1)An employee who has served continuously with his employer for not less than three months and who is unable to attend for duty on any day during his ordinary hours by reason of personal illness or personal incapacity not due to his own serious and wilful misconduct shall be entitled to paid leave of absence at his hourly rate during each such hour when he is so unable to attend for duty, for a period or periods not exceeding in aggregate ten days.
(2)An employee shall not be entitled to paid leave of absence under this clause for any period in respect of which he is entitled to workers compensation.
(3)The rights of an employee to sick leave under this clause shall accumulate from year to year so long as the employee's employment continues with the employer, so that any part of his entitlement which has not been allowed in any year may be claimed by the employee and shall be allowed by the employer, subject to the conditions prescribed by this clause, in a subsequent year of such continued employment. Provided that any sick leave to which an employee became entitled prior to the date of operation of this agreement shall be accumulated only to the extent permitted by the agreement giving such entitlement which is superseded by this agreement.
(4)An employee's entitlement to sick leave shall be subject to the following conditions -
(a)The employee shall inform the employer as soon as practicable and in any case within twenty-four hours of the commencement of his absence, of his inability to attend for duty, and so far as possible, he shall state the nature of his illness or incapacity and the estimated duration of the absence.
(b)He shall furnish to the employer such evidence, whether by way of medical certificate or otherwise, as the employer reasonably may desire, that he was unable by reason of illness or incapacity to attend for duty during the period or periods for which sick leave is claimed. Provided that an employee shall not be required to produce a medical certificate in respect of a single day's absence.
(5)For the purpose of this clause an employee shall be deemed to have served continuously for the aggregate of his services although such service has been interrupted temporarily by transfer to some other work of his employer or by suspension or breakdown of machinery or plant or by any period of leave of absence on account of holidays or sickness to which the employee is entitled under this agreement or by leave granted to the employer.
(6)For the purposes of this clause, service shall include service before the commencement of this agreement as well as service thereafter.
18.-LONGSERVICELEAVE
The Long Service Leave provisions published in Volume 58 of the Western Australian Industrial Gazette at pages 1 to 6 inclusive are hereby incorporated in and shall be deemed to be part of this agreement.
19.-PAYMENTOFWAGES
Wages shall be paid weekly by cash or if the worker so agrees into a banking account nominated by him.
20.-CONTRACTOFSERVICE
The employment shall be weekly, and a weeks notice on either side shall be given to terminate the engagement of a weeks notice paid in lieu. However, this clause shall not affect the right to dismiss for misconduct in such cases wages shall be paid up to the time of dismissal only.
21.-PREFERENCETOUNIONISTS
Deleted by section 88 (3) of the Acts Amendment and Repeal (Industrial Relations) Act (No.2) 1984.
22.-DEFINITIONS
"Casual Worker" means any worker whose employment is terminated by the employer for any reason other than misconduct within one month of the date of commencement of such employment.
"Employer" shall mean the Elder Prince Marine or any of its subsidaries.
“Union” shall mean the Maritime Workers' Union of Western Australia, Industrial Union of Workers'.
23.-ADDITIONALPAYMENT
(1)Workers employed under this agreement shall be paid in addition to all payments stated in this agreement, 50 cents per hour for all hours worked with a minimum payment for 50 hours provided that if an employee without proper cause, fails to work his ordinary hours the 50 hours shall be reduced by the number of ordinary hours he so fails to work.
(2)The additional payments prescribed above shall be paid for all time spent on leave.
24.-TRAVELASSISTANCE
(1)Workers employed under this Agreement shall be entitled to one return airfare to Perth and return per annum for himself and his dependants.
(2)In addition to the assistance in subclause (1) hereof a worker will be entitled to a return airfare for himself to Perth and return each year.
25.-PROVISIONOFTRANSPORT
(1)Where a worker is required to commence or finish duty after the hour of 8.00 p.m. or before the hoiurs of 8.00 a.m. the employer shall provide or re-imburse the worker for the reasonable cost of transport to or from the workers residence up to a maximum of thirty kilometres.
(2)Where by agreement between the employer and the worker the worker uses his own motor vehicle for transport, he shall be paid seventeen cents per kilometre up to a maximum of thirty kilometres for such travel, with a minimum payment of fifty cents as follows:-
(a)When he is required to work beyond 8.00 p.m. on any day.
(b)When he is required to commence work before 8.00 a.m. on any day.
(c)When he is required for overtime duty, not a consecutive extension with the ordinary hours of the day.
26.-MEALALLOWANCE
(1)Where proper meals are not provided each employee shall receive a meal allowance of two dollars and seventy cents for each day worked.
(2)Should an employee be required to work overtime that continues beyond 10.00 p.m. on any day whether it is continuous with ordinary hours or not, an additional one dollar and thirty five cents allowance shall be paid provided that if work continues past midnight he shall not be entitled to the daily meal allowance of $2.70¢ for that day unless there is a further resumption of duty on that day.
27.-STOPWORKMEETINGS
An official stop work meeting without deduction of pay may be held at two monthly intervals, provided that it shall not be of more than three hours duration, and is arranged so as to create a minimum of interruption to work within the Port.
28.-ACCOMMODATIONALLOWANCE
Where suitable housing is not provided by the employer, the rent for accommodation obtained by the worker will be paid by the employer less nine dollars per week.
29.-TELEPHONES
The employer shall pay for the installation of telephones in the residence of an employee and the employee shall be reimbursed the annual rental of such telephone plus an amount of forty dollars per annum to cover the cost of calls on Company business.
30.-COMPASSIONATELEAVE
An employee shall be entitled to a maximum of three days' compassionate leave without deduction of pay on the death of the employees wife, defacto wife, mother, father, brother, sister, child, stepchild, mother-in-law or father-in-law.
31.-LIBERTYTOAPPLY
Liberty is reserved to the parties to amend this Agreement to reflect changing conditions of employment applying generally to Tug Crews in the Port of Port Hedland.
APPENDIX - RESOLUTION OF DISPUTES REQUIREMENT
(1)This Appendix is inserted into the award/industrial agreement as a result of legislation which came into effect on 16January 1996 (Industrial Relations Legislation Amendment and Repeal Act 1995) and further varied by legislation which came into effect on 23May 1997 (Labour Relations Legislation Amendment Act 1997).
(2)Subject to this appendix, and in addition to any current arrangements the following procedures shall apply in connection with questions, disputes or difficulties arising under this award/industrial agreement.
(a)The persons directly involved, or representatives of person/s directly involved, shall discuss the question, dispute or difficulty as soon as is practicable.
(b)(i)If these discussions do not result in a settlement, the question, dispute or difficulty shall be referred to senior management for further discussion.
(ii)Discussions at this level will take place as soon as practicable.