MA000122 PR566802

FAIR WORK COMMISSION

DETERMINATION

Fair Work Act 2009
s.285—Annual wage review

Annual Wage Review 2014–15
(C2015/1)

SEAGOING INDUSTRY AWARD 2010
[MA000122]

Maritime industry
JUSTICE ROSS, PRESIDENT SENIOR DEPUTY PRESIDENT WATSON SENIOR DEPUTY PRESIDENT HARRISON COMMISSIONER HAMPTON MR COLE PROFESSOR RICHARDSON MR GIBBS	MELBOURNE, 18 JUNE 2015

Annual Wage Review 2014–15.

A. Further to the decision issued by the Expert Panel in the Annual Wage Review 2014–15 on 2 June 2015 [[2015] FWCFB 3500], the above award is varied as follows:

1. By deleting the table appearing in clause 13.1(a) of Part A, Part 4 and inserting the following:

Classification	Manning	Minimum salary	Aggregate overtime component	Aggregate annual salary
		$	$	$
Master	18	65,576	24,815	90,391
Master	AOV	64,008	24,221	88,229
Chief engineer	18	64,500	24,407	88,907
Chief engineer	AOV	62,963	23,826	86,789
First mate/First engineer	18	55,891	21,150	77,041
First mate/First engineer	AOV	54,607	20,664	75,271
Second mate/Second engineer	18	51,705	19,566	71,271
Second mate/Second engineer	AOV	50,546	19,128	69,674
Third mate/Third engineer	18	49,553	18,751	68,304
Third mate/Third engineer	AOV	48,456	18,336	66,792
Chief integrated rating/Chief cook/Chief steward	18	46,864	17,734	64,598
Chief integrated rating/Chief cook/Chief steward	AOV	45,844	17,347	63,191
Second cook	AOV	42,817	16,202	59,019
Integrated rating/Assistant steward/Catering attendant	18	42,680	16,150	58,830
Integrated rating/Assistant steward/Catering attendant	AOV	41,772	15,806	57,578*

2. By deleting the table appearing in clause 13.1(b) of Part A, Part 4 and inserting the following:

Classification	Manning	Minimum salary	Aggregate overtime component	Aggregate annual salary
		$	$	$
Master	18	67,594	25,578	93,172
Master	AOV	65,968	24,961	90,929
Chief engineer	18	66,478	25,157	91,635
Chief engineer	AOV	64,884	24,552	89,436
First mate/First engineer	18	57,545	21,776	79,321
First mate/First engineer	AOV	56,210	21,271	77,481
Second mate/Second engineer	18	53,079	20,086	73,165
Second mate/Second engineer	AOV	51,997	19,675	71,672
Third mate/Third engineer	18	50,966	19,286	70,252
Third mate/Third engineer	AOV	49,827	18,856	68,683
Chief integrated rating/Chief cook/Chief steward	18	47,617	18,020	65,637
Chief integrated rating/Chief cook/Chief steward	AOV	46,577	17,625	64,202
Second cook	AOV	43,450	16,442	59,892
Integrated rating/Assistant steward/Catering attendant	18	43,292	16,381	59,673
Integrated rating/Assistant steward/Catering attendant	AOV	42,366	16,032	58,398

3. By deleting the table appearing in clause 13.1(c) of Part A, Part 4 and inserting the following:

Classification	Manning	Minimum salary	Aggregate overtime component	Aggregate annual salary
		$	$	$
Master	18	69,965	26,475	96,440
Master	AOV	68,272	25,834	94,106
Chief engineer	18	68,802	26,035	94,837
Chief engineer	AOV	67,143	25,408	92,551
First mate/First engineer	18	59,490	22,511	82,001
First mate/First engineer	AOV	58,101	21,986	80,087
Second mate/Second engineer	18	54,835	20,750	75,585
Second mate/Second engineer	AOV	53,581	20,276	73,857
Third mate/Third engineer	18	52,044	19,694	71,738
Third mate/Third engineer	AOV	50,876	19,252	70,128
Chief integrated rating/Chief cook/Chief steward	18	47,970	18,153	66,123
Chief integrated rating/Chief cook/Chief steward	AOV	46,919	17,755	64,674
Second cook	AOV	44,243	16,743	60,986
Integrated rating/Assistant steward/Catering attendant	18	43,482	16,453	59,935
Integrated rating/Assistant steward/Catering attendant	AOV	42,548	16,101	58,649

4. By deleting the table appearing in clause 13.1(d) of Part A, Part 4 and inserting the following:

Classification	Manning	Minimum salary	Aggregate overtime component	Aggregate annual salary
		$	$	$
Master	18	79,290	30,004	109,294
Master	AOV	76,692	29,021	105,713
Chief engineer	18	77,942	29,493	107,435
Chief engineer	AOV	75,396	28,531	103,927
First mate/First engineer	18	66,463	25,150	91,613
First mate/First engineer	AOV	64,361	24,354	88,715
Second mate/Second engineer	18	61,735	23,362	85,097
Second mate/Second engineer	AOV	59,815	22,634	82,449
Third mate/Third engineer	18	57,686	21,828	79,514
Third mate/Third engineer	AOV	55,919	21,160	77,079
Chief integrated rating/Chief cook/Chief steward	18	51,728	19,572	71,300
Chief integrated rating/Chief cook/Chief steward	AOV	50,195	18,994	69,189
Second cook	AOV	46,947	17,764	64,711
Integrated rating/Assistant steward/Catering attendant	18	46,325	17,530	63,855
Integrated rating/Assistant steward/Catering attendant	AOV	44,584	16,872	61,456

5. By deleting the table appearing in clause 13.1(e) of Part A, Part 4 and inserting the following:

Classification	Manning	Minimum salary	Aggregate overtime component	Aggregate annual salary
		$	$	$
Master	18	82,382	31,174	113,556
Master	AOV	79,020	29,902	108,922
Chief engineer	18	80,971	30,639	111,610
Chief engineer	AOV	77,673	29,393	107,066
First mate/First engineer	18	68,261	25,830	94,091
First mate/First engineer	AOV	65,570	24,813	90,383
Second mate/Second engineer	18	63,316	23,959	87,275
Second mate/Second engineer	AOV	60,860	23,030	83,890
Third mate/Third engineer	18	59,787	22,624	82,411
Third mate/Third engineer	AOV	57,499	21,758	79,257
Chief integrated rating/Chief cook/Chief steward	18	53,429	20,218	73,647
Chief integrated rating/Chief cook/Chief steward	AOV	51,567	19,513	71,080
Second cook	AOV	48,205	18,241	66,446
Integrated rating/Assistant steward/Catering attendant	18	48,608	18,395	67,003
Integrated rating/Assistant steward/Catering attendant	AOV	46,859	17,731	64,590

6. By deleting the table appearing in clause 13.1(f) of Part A, Part 4 and inserting the following:

Classification	Manning	Minimum salary	Aggregate overtime component	Aggregate annual salary
		$	$	$
Master	18	80,527	30,471	110,998
Master	AOV	79,542	30,098	109,640
Chief engineer	18	80,180	30,339	110,519
Chief engineer	AOV	78,188	29,587	107,775
First mate/First engineer	18	67,614	25,586	93,200
First mate/First engineer	AOV	65,988	24,971	90,959
Second mate/Second engineer	18	62,730	23,738	86,468
Second mate/Second engineer	AOV	61,244	23,175	84,419
Third mate/Third engineer	18	60,283	22,812	83,095
Third mate/Third engineer	AOV	58,872	22,277	81,149
Chief integrated rating/Chief cook/Chief steward	18	55,048	20,831	75,879
Chief integrated rating/Chief cook/Chief steward	AOV	53,787	20,353	74,140
Second cook	AOV	51,198	19,375	70,573
Integrated rating/Assistant steward/Catering attendant	18	50,281	19,027	69,308
Integrated rating/Assistant steward/Catering attendant	AOV	49,163	18,605	67,768

7. By deleting the table appearing in clause 13.1(g) of Part A, Part 4 and inserting the following:

Classification	Minimum salary	Aggregate overtime component	Aggregate annual salary
	$	$	$
Master	60,843	21,380	82,223
Chief engineer	59,747	20,993	80,740
First mate/First engineer	50,893	17,881	68,774
Second mate/Second engineer/Electrical engineer	46,561	16,359	62,920
Third mate/Third engineer	44,652	15,689	60,341
Bosun/Chief steward/Chief cook/Chief integrated rating	42,668	14,908	57,576
Integrated rating/ AB/Greaser/Second cook	39,347	13,824	53,171

8. By deleting clause B.5 and inserting the following:

B.5 Minimum Wages

B.5.1 Minimum wages for full-time traineeships

(a) Wage Level A

Subject to clause B.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix B1 are:


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per week	per week	per week
	$	$	$
School leaver	295.10	325.00	387.20
Plus 1 year out of school	325.00	387.20	450.60
Plus 2 years out of school	387.20	450.60	524.40
Plus 3 years out of school	450.60	524.40	600.40
Plus 4 years out of school	524.40	600.40
Plus 5 or more years out of school	600.40

(b) Wage Level B


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per week	Per week	per week
	$	$	$
School leaver	295.10	325.00	376.80
Plus 1 year out of school	325.00	376.80	433.40
Plus 2 years out of school	376.80	433.40	508.20
Plus 3 years out of school	433.40	508.20	579.70
Plus 4 years out of school	508.20	579.70
Plus 5 or more years out of school	579.70

(c) Wage Level C


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per week	per week	per week
	$	$	$
School leaver	295.10	325.00	376.80
Plus 1 year out of school	325.00	376.80	424.10
Plus 2 years out of school	376.80	424.10	473.80
Plus 3 years out of school	424.10	473.80	527.90
Plus 4 years out of school	473.80	527.90
Plus 5 or more years out of school	527.90

(d) AQF Certificate Level IV traineeships

(i) Subject to clause B.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level IV traineeship are the minimum wages for the relevant full-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.

(ii) Subject to clause B.5.3 of this schedule, the minimum wages for an adult trainee undertaking a full-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

Wage level	First year of traineeship	Second and subsequent years of traineeship
	per week	per week
	$	$
Wage Level A	623.50	647.70
Wage Level B	601.60	624.70
Wage Level C	547.50	568.20

B.5.2 Minimum wages for part-time traineeships

(a) Wage Level A

Subject to clauses B.5.2(f) and B.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix B1 are:


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per hour	per hour	per hour
	$	$	$
School leaver	9.71	10.70	12.74
Plus 1 year out of school	10.70	12.74	14.83
Plus 2 years out of school	12.74	14.83	17.25
Plus 3 years out of school	14.83	17.25	19.74
Plus 4 years out of school	17.25	19.74
Plus 5 or more years out of school	19.74

(b) Wage Level B


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per hour	per hour	per hour
	$	$	$
School leaver	9.71	10.70	12.40
Plus 1 year out of school	10.70	12.40	14.26
Plus 2 years out of school	12.40	14.26	16.73
Plus 3 years out of school	14.26	16.73	19.08
Plus 4 years out of school	16.73	19.08
Plus 5 or more years out of school	19.08

(c) Wage Level C


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per hour	per hour	per hour
	$	$	$
School leaver	9.71	10.70	12.40
Plus 1 year out of school	10.70	12.40	13.95
Plus 2 years out of school	12.40	13.95	15.58
Plus 3 years out of school	13.95	15.58	17.36
Plus 4 years out of school	15.58	17.36
Plus 5 or more years out of school	17.36

(d) School-based traineeships

Subject to clauses B.5.2(f) and B.5.3 of this schedule, the minimum wages for a trainee undertaking a school-based AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Levels A, B or C by Appendix B1 are as follows when the trainee works ordinary hours:


Year of schooling
Year 11 or lower	Year 12
per hour	per hour
$	$
9.71	10.70

(e) AQF Certificate Level IV traineeships

(i) Subject to clauses B.5.2(f) and B.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level IV traineeship are the minimum wages for the relevant part-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.

(ii) Subject to clauses B.5.2(f) and B.5.3 of this schedule, the minimum wages for an adult trainee undertaking a part-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

Wage level	First year of traineeship	Second and subsequent years of traineeship
	per hour	per hour
	$	$
Wage Level A	20.51	21.31
Wage Level B	19.77	20.54
Wage Level C	18.01	18.70

(f) Calculating the actual minimum wage

(i) Where the full-time ordinary hours of work are not 38 or an average of 38 per week, the appropriate hourly minimum wage is obtained by multiplying the relevant minimum wage in clauses B.5.2(a)–(e) of this schedule by 38 and then dividing the figure obtained by the full-time ordinary hours of work per week.

(ii) Where the approved training for a part-time traineeship is provided fully off-the-job by a registered training organisation, for example at school or at TAFE, the relevant minimum wage in clauses B.5.2(a)–(e) of this schedule applies to each ordinary hour worked by the trainee.

(iii) Where the approved training for a part-time traineeship is undertaken solely on-the-job or partly on-the-job and partly off-the-job, the relevant minimum wage in clauses B.5.2(a)–(e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.

B.5.3 Other minimum wage provisions

(a) An employee who was employed by an employer immediately prior to becoming a trainee with that employer must not suffer a reduction in their minimum wage per week or per hour by virtue of becoming a trainee. Casual loadings will be disregarded when determining whether the employee has suffered a reduction in their minimum wage.

(b) If a qualification is converted from an AQF Certificate Level II to an AQF Certificate Level III traineeship, or from an AQF Certificate Level III to an AQF Certificate Level IV traineeship, then the trainee must be paid the next highest minimum wage provided in this schedule, where a higher minimum wage is provided for the new AQF certificate level.

B.5.4 Default wage rate

The minimum wage for a trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate level are not allocated to a wage level by Appendix B1 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I–III traineeship whose training package and AQF certificate level are allocated to Wage Level B.

9. By deleting clause 25—Classifications and minimum wage rates appearing in Part B, Part 7 and inserting the following:

25. Classifications and minimum wage rates

The classifications and minimum wages for an employee are set out in the following table:

Classification	Minimum weekly wage $
Master	1,257.10
Chief engineer	1,236.40
First mate/First engineer	1,072.00
Second mate/Second engineer/Radio Officer/Electrical Engineer	992.30
Third mate/Third engineer	951.10
Chief integrated rating/Bosun/ Chief cook/Chief steward/ Carpenter/ Fitter/ Repairer/Donkeyman/ Electrician	899.80
Integrated rating/Able seaman/ Fireman/Motorman/Pumpman/ Oiler greaser/Steward	820.00
OS/Wiper/Deckboy/Catering Boy/2nd Cook/ Messroom Steward	691.60*

*Minimum wage for 40 hours

B. This determination comes into operation from 1 July 2015. In accordance with s.166(5) of the Fair Work Act 2009 this determination does not take effect until the start of the first full pay period that starts on or after 1 July 2015.

SENIOR DEPUTY PRESIDENT

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