AP788677 - Maritime Industry (Seamen, Cooks and Stewards) Long Service Leave Award 1995
[1 varied by C6232 from 18Dec75; renumbered as 3 and varied by M6976 ppc 03Jul95]
In this award, unless inconsistent with the context of subject matter:
"Act" means Industrial Relations Act 1988.
"Appropriate date" means:
(a) in the case of an employee who is a seaman, 1 December 1964;
(b) in the case of an employee who is a marine steward, 19 July 1971;
(c) in the case of an employee who is a marine cook, 15 November 1971.
"Australian ship" means a ship or vessel on which members of the Union, qualified to be employed in their normal classification in the interstate coastal trade, have at relevant times been customarily employed.
"Chief Employers' Representative" means the representative appointed as such by employer respondents bound by this award.
"Chief Superintendent" means the Permanent Head for the time being of the Department or such officer as the permanent head may nominate in writing either for a fixed period of time or until termination in writing of the delegation.
"Chief Union Representative" means the representative appointed as such by the Union.
"Commission" means the Australian Industrial Relations Commission constituted under the Act or any tribunal replacing the same.
"Current rate of pay" means:
(a) in the case of a permanent employee, the aggregate wage which was legally payable to the employee immediately prior to going on leave, or if the employee was being paid on the basis of base rate and overtime, the rate of ordinary pay which was legally payable to the employee at that time for the standard weekly hours of work;
(b) in the case of a relieving employee who completes a period of relief in a ship or vessel in excess of ten weeks, the aggregate wage which was legally payable to the employee immediately prior to the employee going on leave, or if the employee was being paid on the basis of base rate and overtime, the rate of ordinary pay which was legally payable to the employee during the period of relief for the standard weekly hours of work;
(c) in the case of a relieving employee who relieves in a ship or vessel for ten weeks or less, and in the case of an employee on Register A who is being paid attendance money:
(i) Subject to (iii) if the employee was working under an award or agreement which provided for an aggregate wage on the vessel on which the employee last served as a permanent employee, the aggregate wage payable to an employee of the classification in which the employee so served under the All Other Vessels category pursuant to clause 6 of MISA 1983 or any award replacing that award as it may be varied or replaced.
(ii) If the employee was working under an award or agreement which provided for payment by way of a base rate and overtime on the ship or vessel on which the employee last served as a permanent employee, the prescribed rate of ordinary pay then legally payable for the standard weekly hours of work to an employee employed in the classification in which the said employee is registered in Register A.
(iii) Who has attained the qualification of an Integrated Rating, the aggregate wage as prescribed in the Table of Remuneration in the Dry Cargo Category 3 of MIMSA - All Other Vessels for the classification of Integrated Rating.
"Department" means the Federal Department of Transport or any department replacing it.
"Employee" means a person who is or whose usual occupation is that of a seaman, which expression includes the occupations of A.B., crew attendant, lamp trimmer, storekeeper, greaser, motorman, fireman, oil burner, trimmer, wiper, ordinary seaman, boatswain, donkeyman, deck boy, pumpman, pumpman-greaser and also includes a junior.
"Employer" means an employer within the meaning of section 4 of the Act who is a respondent to this award.
"Employers' Representative" means the representative appointed for a specific port by employer respondents bound by this award.
"Engagement systems" means the Marine Cooks, Marine Stewards and Seamen's Engagement System regulated by Schedule X of the MISA 1983 as varied or replaced from time to time.
"Marine cook" means a member of the union on Register A whose occupation or usual occupation is that of a marine cook.
"Maritime union" means The Maritime Union of Australia.
"MIMSA" means the Maritime Industry Modern Ships Award 1989 [Print J0928 [M0324]] as varied and replaced from time to time.
"MISA 1983" means the Maritime Industry Seagoing Award 1983 [Print F4185 [M0017]] as varied and replaced from time to time.
"Prescribed date" means:
(a) in the case of an employee who is a seaman, 1 December 1944;
(b) in the case of an employee who is a marine cook, 15 May 1954;
(c) in the case of an employee who is a marine steward, 11 December 1953.
"Register A" means the Register A referred to in subclause 3(c) of Schedule X of MISA 1983 as varied and replaced from time to time.
"Seaman" means a member of the union (not being a marine cook or marine steward) on Register A whose occupation or usual occupation is that of a seaman and includes a trainee seaman.
"Steward" means a member of the maritime union on Register A whose occupation or usual occupation is that of a marine steward.
"Superintendent" means such officer of the Department or such other person as shall be nominated in writing by the Chief Superintendent for a particular port or ports for the purposes of this award.
"The Committee" means a Committee comprising the Chief Employers' Representative, the Chief Union Representative and the Chief Superintendent. Where the Committee is divided in opinion on a question the question shall be decided according to the decision of the majority.
"The Company" means Australian Maritime Industry Limited.
"Union" means The Maritime Union of Australia.
"Union Representative" means the representative appointed by the maritime union for a specified port.
