AP788677 - Maritime Industry (Seamen, Cooks and Stewards) Long Service Leave Award 1995
[4 renumbered as 6 and substituted by M6976 ppc 03Jul95]
(a) In respect of continuous service as defined in clause 5 hereof, prior to the appropriate date:
(i) not less than 250 days on interstate or foreign going articles or equivalent service or any one or more of them shall count as one year's qualifying service;
(ii) 125 to 249 days on interstate or foreign going articles or equivalent intrastate service or any one or more of them shall count as six months qualifying service.
(b) In the calculation or qualifying service under subclause 6(a), any period or periods of up to an aggregate or 21 days in any one year of service during which, in the opinion of the Committee, the employee was unfit for service as a result of illness, incapacity or disability shall count as qualifying service.
(c) In respect of the period after the appropriate date each year of continuous registration on Register A shall, with the undermentioned exceptions, count as one year's qualifying service. These exceptions are:
(i) any period of leave of absence granted in accordance with the engagement system;
(ii) any period during which the employee does not make himself/herself available for engagement in accordance with the engagement system;
(iii) any period during which the employee does not work by reason directly or indirectly of a dispute concerning industrial matters or restrictions on work;
(iv) any periods in excess of an aggregate of 21 days in any one year of registration during which the employee is unfit for service as a result of illness, incapacity or disability;
(v) any period ashore as a union official; and
(vi) any period during which the employee is suspended in accordance with the engagement system.
(d) Service as a member of the naval, military or air forces (other than as a member of the permanent forces) of Australia shall count as qualifying service.
(e) Save as is provided in this clause, no service on Australian ships other than on those owned or operated by respondents bound by this award shall count as qualifying service.
(f) Subject to subclause 6(g), periods of service on Australian ships, other than those owned or operated by respondents bound by this award prior to:
(i) 11 October 1968 for seamen; or
(ii) 6 April 1972 for marine cooks and for marine stewards;
shall count as qualifying service for a period up to but not exceeding one year in respect of any single continuous period of the said service.
(g) In the case where at the time an employee qualifies for long service leave or payment in lieu thereof under this award the owner or operator of an Australian Ship on which that employee served at any relevant time no longer exists or has ceased to be the owner or operator of an Australian ship or is insolvent, or if the company is in liquidation or has been dissolved, then the period or periods of service of that employee with that owner or operator shall count as qualifying service in accordance with the terms of this clause, provided that in the case of any periods of service after:
(i) 11 October 1968 in the case of a seamen; and
(ii) 6 April 1972 in the case of a marine cook and marine stewards;
Such owner or operator was a respondent bound by this award during the period of such service of that employee with that owner or operator.
