AP788677 - Maritime Industry (Seamen, Cooks and Stewards) Long Service Leave Award 1995
[3 varied by C6232; renumbered as 5 and substituted by M6976 ppc 03Jul95]
For the purpose of this award:
(a) Continuous service with employers means:
(i) service prior to the appropriate date by an employee on Australian ships whether or not owned or operated by respondents bound by this award being service that is continuous save as is provided by subclause 5(b), whether as a marine cook, marine steward or seaman together with continuous registration on and since the appropriate date as a marine cook, marine steward or seaman, on Register A; or
(ii) continuous registration on or after the appropriate date as a marine cook, marine steward or seaman on Register A.
(b) An employee's service prior to the appropriate date shall not be deemed to be continuous unless the employee establishes that in each year of the period of service claimed by the said employee and proportionately for any period of the employee's service of less than a year, at the beginning or the end of the said period of service.
(i) for not less than 250 days the employee served an interstate or foreign going articles or equivalent intrastate service or any one or more of them; or
(ii) (A) the employee served on interstate or foreign going articles or equivalent intrastate service or any one or more of them:
(B) the employee was, in the opinion of the Committee, on annual leave or accumulated leave or both;
(C) the employee was, in the opinion of the Committee, prevented from serving on Australian ships by any one or more of the following:
sickness, accident, domestic necessity, other pressing necessity, and such period or periods total not less than an aggregate of 250 days, provided that in respect of years of service in the period between the respective prescribed dates and the corresponding appropriate date this paragraph shall not apply in respect of more than two of any such years in the case of an employee taking initial long service leave prior to 13 August 1975 or more than three of any such years in the case of an employee taking initial long service leave on or after that date; or
(iii) for the full year the employee served ashore as a union official or for part of the year the employee served ashore as a union official and for a period during the balance of that year the employee's service was continuous within the meaning of paragraph 5(b)(ii) if for the number 250 referred to in such paragraph that number were substituted which bears to 250 the same ratio as the number of days in such balance bears to 365.
(c) Subject to subclause 5(b), the period of continuous service of an employee shall be:
(i) the sum of the periods of continuous service and continuous registration under paragraph 5(a)(i); or
(ii) the period of continuous registration under paragraph 5(a)(ii).
(d) Notwithstanding the foregoing provisions of this clause, continuous service shall not be broken by any period of service as a member of the naval, military or air forces (other than as a member of the permanent forces) of Australia.
(e) For the purpose of this award, "continuous service" shall include any prior period of continuous service by an employee with an employer or more than one employer:
(i) as an employee in the capacity of a master, mate or seagoing shipwright pursuant to and as defined in the Maritime Officers (Seagoing and Offshore Industries) Long Service Leave Award 1993 as varied: or
(ii) as an employee in the capacity of a chief engineer or engineer officer pursuant to and as defined in the Marine Engineers (Seagoing and Offshore Industries) Long Service Leave Award 1993 as varied;
provided that he commences service as an employee pursuant to and as defined in this award within a period of six months calculated from the date of termination of such service as a master, chief engineer, mate, engineer officer or seagoing shipwright and where such termination was other than by the employer on the ground of serious or wilful misconduct.
