MA000052 PR994513 |
|
ORDER |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch 5, Item 14—Variation of modern award
PORTS, HARBOURS AND ENCLOSED WATER VESSELS AWARD 2010
(AM2008/49)
JUSTICE GIUDICE, PRESIDENT |
MELBOURNE, 12 MARCH 2010 |
Award modernisation – residual variations – statement by Australian Industrial Relations Commission 21 December 2009 [2009] AIRCFB 980 1
A. It is ordered that the Ports, Harbours and Enclosed Water Vessels Award 2010 2 be varied as follows:
1. By inserting the following definitions in clause 3—Definitions and interpretation in alphabetical order:
agreement-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client
transitional minimum wage instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
2. By inserting new clauses 4.6 and 4.7 as follows:
4.6 The award does not cover 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.
4.7 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.
3. By renumbering the existing clause 4.6 as clause 4.8.
4. By deleting clause 12.5(a)(i) and inserting the following:
(i) that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement-based transitional instrument or enterprise agreement had applied to the employee; and
5. By deleting clause 12.5(d) and inserting the following:
(d) Clause 12.5 ceases to operate on 31 December 2014.
6. By inserting the words “per week” in clause 14.6 after the words “2.01% of the standard rate”.
7. By deleting the words “When an employee who is required” in clause 14.17 and inserting “When an employee is required”.
8. By deleting clause 15.1(a) and inserting the following:
(a) a notional agreement preserving a State award that would have applied to the employee immediately prior to 1 January 2010 or an award made under the Workplace Relations Act 1996 (Cth) that would have applied to the employee immediately prior to 27 March 2006, if the employee had at that time been in their current circumstances of employment and no agreement-based transitional instrument or enterprise agreement had applied to the employee; and
9. By inserting the words “or its successor” in clause 17.4 after the words “the following superannuation funds”.
10. By replacing the word “proceeding” with “preceding” wherever it appears in clause 19.1(a).
11. By deleting clause 19.1(c) and inserting the following:
(c) Tea
(i) Tea is from 5.00 pm to 6.00 pm or according to the usual custom of the establishment at which the employees are employed. Provided that by mutual agreement between the employer and employee concerned a rest period may be taken.
(ii) The times prescribed above may be altered by mutual agreement between the employer and employee concerned.
12. By deleting the words “shift cycle will during such” in clause 21.1(d)(iii) and inserting “shift cycle during such”.
13. By inserting the word “leave” in clause 22.4 after the words “period of annual”.
B. This order commences on 1 January 2010.
PRESIDENT
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