AP772288 - CSIRO (Salaries and Conditions of Service) Award 1999
21.1 Application: This clause applies to all employees required to be onboard a vessel at sea for periods in excess of 24 hours.
21.2 Definitions: In this clause:
21.2.1 “Annual salary” means the corresponding rate of pay listed in 12.1.
21.2.2 A vessel is defined to be “at sea” from the time it leaves a wharf or anchorage at the start of a cruise until it returns to a wharf or anchorage at the completion of the cruise.
21.2.3 “Cruise” includes a leg of a cruise.
21.2.4 “CSIRO supervisor” means the CSIRO employee onboard a vessel in charge of CSIRO employees.
21.2.5 “Normal fortnightly pay” means the fortnightly rate calculated in accordance with 12.3, plus any allowances due and payable to the employee and deemed by this award to be salary. Daily allowance payments made in accordance with 21.3 are not to be included as part of the employee’s “normal fortnightly pay”.
21.2.6 “Rotating watch system” includes:
21.2.6(a) rostered duty of 12 hours on and 12 hours off; or
21.2.6(b) other rostered arrangements based on a nominal ratio between time on duty and time off duty of 1:1, as agreed between CSIRO and the employee affected.
21.2.7 “Seagoing duty” means duty performed by an employee on a vessel at sea of a nature determined by cruise objectives or vessel operations and includes:
21.2.7(a) duty on a rotating watch system; or
21.2.7(b) other irregular duty as required by the CSIRO supervisor.
21.2.8 “Transit duty” means duty performed by an employee on a vessel at sea of a nature not determined by cruise objectives or vessel operations.
21.3 Daily Allowance: In addition to an employee’s normal fortnightly pay, a daily allowance (seagoing duty) is payable for all periods of 24 hours, or on a pro-rata basis for part thereof, spent on a vessel at sea performing seagoing duty.
The daily payment for seagoing duty shall be calculated in accordance with the following formula:
$42 752 |
X |
1.2 |
X |
119% |
313 |
21.3.1 In addition to an employee’s normal fortnightly pay, a daily allowance (transit duty) is payable for all periods of 24 hours, or on a pro-rata basis for part thereof, spent on a vessel at sea performing transit duty.
The daily payment for transit duty shall be calculated in accordance with the following formula:
$42 752 |
X |
1.2 |
X |
9% |
313 |
21.3.2 Employees at sea shall be entitled to any fixed payment for minor expenses generally applicable to staff travelling on CSIRO business.
21.4 Conversion of Allowance to Time-off-in-Lieu:
21.4.1 At the end of a cruise, an employee shall be entitled to convert daily payments for seagoing duty due under 21.3 in respect of the cruise, to paid time off work credits, up to a maximum credit of five working days in respect of any one cruise. The rate of conversion shall be one daily payment of 119% for one day off work.
21.4.2 To convert payment to time off work credits, the employee must notify CSIRO in writing of the number of days to be converted prior to receiving payments under 21.3.
21.4.3 Subject to 21.4.4, paid time off work credits will be available for use by the employee for a period of six months commencing on the date of conversion (“the settlement period”). At the end of the settlement period, any unused credits that have not been applied for will lapse. Where an employee has applied for but been refused access to credits during the settlement period, the settlement period will be extended by six months. Any credits not taken by the end of the extension will be converted back to a daily payment and paid out to the employee.
21.4.4 An employee may access time off work credits by making an application in writing to CSIRO specifying the proposed period of absence and seeking CSIRO’s agreement that it is convenient for the employee to be absent for that period. CSIRO shall not unreasonably withhold its agreement. A grant of time off work shall be debited against the employee’s credit.
21.5 Maximum periods of duty: No employee shall:
21.5.1 be required to work in a single continuous session for more than 5 hours without a minimum break from duty of 30 minutes;
21.5.2 perform in excess of 30 hours total duty in any continuous 48 hour period;
21.5.3 be directed to work more than 16 hours in any continuous 24 hour period; or
21.5.4 be directed to work for more than 12 hours continuously in any watch inclusive of breaks.
If the safety of the vessel or CSIRO employees is in jeopardy, or scientific equipment is at risk, this sub-clause may be set aside in full or part at the discretion of the CSIRO supervisor and with the agreement of the ship’s master.
21.6 Rosters:
21.6.1 CSIRO shall advise employees in writing of the periods of seagoing and transit duty to be performed on each cruise prior to the commencement of the cruise.
21.6.2 No employee shall be rostered onboard a vessel at sea for more than 85 days in any calendar year except with the written consent of the employee concerned.
21.6.3 An employee may be rostered for seagoing duty while confined to a vessel at sea on any day inclusive of Saturday, Sunday and public holidays.
21.6.4 The minimum rostered period of seagoing duty shall be 4 consecutive periods of 24 hours, or the period of the completion of the cruise, whichever is the lesser.
21.6.5 The minimum period of transit duty shall be 3 consecutive periods of 24 hours, inclusive of Saturday, Sunday and public holidays, or the period to the completion of the cruise following a period of seagoing duty, whichever is the lesser.
21.6.6 The CSIRO supervisor may change an employee’s rostered duty while at sea from seagoing to transit duty, or vice versa provided that where 72 hours notice of the roster change is not given, affected employees shall receive payment in lieu of the period that the notice falls short of 72 hours at the seagoing duty rate.
21.6.7 During periods of transit duty, an employee shall, on days other than Saturday, Sunday and public holidays, perform duty consistent with their shore-based duty for periods of 7 hours 21 minutes between the hours 0600 and 1800.
