DETERMINATION

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards
(AM2016/5)

SEAGOING INDUSTRY AWARD 2010
[MA000122]

Maritime industry

4 yearly review of modern awards – Seagoing Industry Award 2010 – Coverage of Award.

A. Further to the Full Bench decision [[2020] FWCFB 1450] 1 issued on 24 March 2020, the above award is varied as follows:

1. By deleting clause 4 in its entirety and inserting the following:

4. Coverage

4.1 This industry award covers employers in respect of their operations in the seagoing industry and their employees in the classifications listed in clause 13 and clause 25—Classifications and minimum wage rates to the exclusion of any modern award.

4.2 For the purpose of clause 4.1, seagoing industry means the operation of vessels trading as cargo vessels, passenger vessels or operated as Research vessels which, in the course of such trade or operation, proceed to sea (on voyages outside the limits of bays, harbours or rivers).

4.3 This award covers any employer which supplies labour on an on-hire basis in the industry set out in clause 4.1 in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. This subclause operates subject to the exclusions from coverage in this award.

4.4  This award covers employers which provide group training services for trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. This subclause operates subject to the exclusions from coverage in this award.

4.5 Exclusions

This award does not cover:

(a)  employees who are covered by a modern enterprise award, or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees;

(b)  employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees;

(c)  an employee excluded from award coverage by the Act;

(d) employers covered by the following awards:

(i) the Coal Export Terminals Award 2020;

(ii) the Dredging Industry Award 2010;

(iii) the Maritime Offshore Oil and Gas Award 2020;

(iv) the Port Authorities Award 2010;

(v) the Stevedoring Industry Award 2020;

(e) employers in respect of their operations covered by the following awards:

(i) the Marine Towage Award 2010;

(ii) the Ports, Harbours and Enclosed Water Vessels Award 2010; or

(f)  maintenance contractors covered by the Manufacturing and Associated Industries and Occupations Award 2010.

4.6 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.

2. By updating cross-references accordingly.

B. This determination comes into operation from 1 May 2020. In accordance with s.165(3) 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 May 2020.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

1   See also [[2019] FWCFB 8721] and [[2019] FWCFB 5596]