AP799111 - Tugboat Industry Award 1999
12.1 Industrial and protective clothing
12.1.1 For each employee covered by this award who is required to wear industrial or protective clothing and equipment as stipulated by a relevant law or by the employer, the employer must reimburse the employee for the full cost of purchasing the industrial or protective clothing and equipment. The provisions of this subclause do not apply where the industrial or protective clothing and equipment is, or has been, paid for or provided by the employer and the employer replaces items on a fair wear and tear basis.
[12.1.2 varied by PR922336 PR957249 PR966346 PR975085; PR979226 ppc 01Oct07]
12.1.2 Employees will be paid an allowance of $51.60 per annum towards the purchase of sunglasses for use during work.
12.1.3 Employees are responsible for the safekeeping on board the vessel of each item of protective clothing.
12.1.4 An employer may require an employee to sign a receipt for the issue of such clothing and equipment.
12.2 Meal allowance
[12.2.1 varied by PR922336 PR957249 PR966346 PR975085; PR979226 ppc 01Oct07]
12.2.1 Subject to 12.2.4 each employee will receive a meal allowance of $11.10 for each day worked.
[12.2.2 varied by PR922336 PR957249 PR966346 PR975085; PR979226 ppc 01Oct07]
12.2.2 Should an employee be required to work through 10.00 p.m. on any day, whether it is continuous with ordinary hours or not, an additional $5.40 allowance will be paid provided that if work continues past midnight the employee will not be entitled to the daily meal allowance of $11.10 for that day unless there is a further resumption of duty on that day.
[12.2.3 varied by PR922336 PR957249 PR966346 PR975085; PR979226 ppc 01Oct07]
12.2.3 Under no circumstances will an employee be entitled to more than one payment of $11.10 in any one day.
12.2.4 In lieu of the entitlements in 12.2.1, 12.2.2 and 12.2.3, employees who are employed in the ports in the table below will be entitled to the meal allowance in column 1 to purchase meals and/or provisions for meals whilst on duty. In Port Adelaide, Port Pirie and Whyalla, the meal allowance in the table below is in addition to the meal allowance in 12.2.1.
12.2.5 The period in respect of which the meal allowance will be payable is identified in column 2. Where a lesser period is worked the meal allowance will be the proportion of the amount in column 1 that the period worked bears to the period in column 2.
[12.2.6 varied by PR922336; substituted by PR957249 PR966346 PR975085; PR979226 ppc 01Oct07]
12.2.6 In lieu of the entitlements in 12.2.1, 12.2.2 and 12.2.3 an employee required to remain to crew a tug for delivery trips between any of the two ports – Sydney, Newcastle and Port Kembla will be paid an allowance of $34.90.
Port |
Column 1 – Meal Allowance |
Column 2 - Period |
$ |
||
Brisbane, Bowen, Bundaberg, Gladstone |
77.20 |
7 day week |
Dalrymple Bay/Hay Point |
77.20 |
7 day week |
Darwin |
87.30 |
Per 7 day week |
Newcastle |
Night crew only $11.10 (plus $5.40 if on duty for more than 4 hours after normal finish time) |
Per day |
Melbourne, Westernport, Geelong |
26.50 |
Each day of duty |
Portland |
1953.00 |
Per annum |
Port Adelaide, Port Pirie, Whyalla |
11.10 |
Per trip |
12.2.7 The provisions of 12.2 will not apply where the employer provides proper meals.
12.3 Ringing for orders
12.3.1 Subject to 12.3.3 an employee who is required by their employer to telephone for orders will:
[12.3.1(a) varied by PR922336 PR957249 PR966346 PR975085; PR979226 ppc 01Oct07]
12.3.1(a) if the employee has a telephone installed at home, be reimbursed the annual rental of such telephone plus an amount of $158.30 per annum (or in the case of Geelong, $220.90, and Geraldton $235.10) for calls necessarily incurred by ringing for such orders; or
[12.3.1(b) varied by PR922336 PR957249 PR966346 PR975085; PR979226 ppc 01Oct07]
12.3.1(b) if the employee does not have a telephone installed, the employee will be paid an amount of $304.80 equal to the sum of the said annual rental and the said $158.30.
12.3.1(c) ratings in Melbourne required to wait for orders at a mutually agreed time will be paid two hours at time and one half for any day for each such direction.
[12.3.1(d) varied by PR922336 PR957249 PR966346 PR975085; PR979226 ppc 01Oct07]
12.3.1(d) permanent employees in Portland will be paid an amount of $530.50 per annum (which may be paid half yearly at the employer’s discretion) in lieu of the payments in 12.3.1(a) and 12.3.1(b).
12.3.2 The employer will reimburse full installation costs of a new service and pay transfer costs on one occasion during an employee's period of service. Further transfers may be reimbursed at the employer’s discretion.
[12.3.3 varied by PR922336 PR957249 PR966346 PR975085; PR979226 ppc 01Oct07]
12.3.3 In lieu of the payments in 12.3.1 employees in Dampier will be paid an amount of $264.60 per annum for calls made on behalf of the company.
12.4 Maintenance
[12.4.1 varied by PR922336; substituted by PR957249; varied by PR966346 PR975085; PR979226 ppc 01Oct07]
12.4.1 An employee who at the request of the employer is required to perform emergency maintenance work (as defined in clause 6 - Definitions) on board a tug outside ordinary hours, will be paid an additional allowance as follows:
Category |
$/hour |
Category 2 Master/Engineer |
66.00 |
Category 2 Mate |
45.80 |
Category 1 Master/Engineer |
63.30 |
Category 1 Mate |
49.70 |
General Purpose Rating |
39.90 |
12.4.2 The allowance in 12.4.1 does not apply to casual employees, employees in receipt of overtime payments or payment in accordance with clause.
12.4.3 The provisions of 12.4.1 are subject to any additional payment which may otherwise be prescribed in each port.
12.5 Loss of personal effects allowance
12.5.1 General work - other than outside work
[12.5.1 varied by PR922336 PR957249 PR966346 PR975085; PR979226 ppc 01Oct07]
If by fire, explosion, foundering, shipwreck, collision or stranding, an employee sustains damage to or loss of his/her personal effects or equipment, the employer will compensate the employee for such damage or loss by a payment equivalent to the value thereof to a maximum of $1754.00. The maximum payable for any one article is limited to $466.80.
12.5.2 Outside work
[12.5.2(a) varied by PR922336 PR957249 PR966346 PR975085; PR979226 ppc 01Oct07]
12.5.2(a) If by fire, explosion, foundering, shipwreck, collision or stranding an employee sustains damage to or loss of his/her personal effects or equipment, the employer will compensate the employee for such damage or loss by a payment to the value of the item. This payment will not exceed $3876.00 in the case of an officer or $2799.00 in the case of a rating.
12.5.2(b) This rate will not apply in ports where tugboats crews already receive payment for maintaining a firewatch.
12.6 Insurance allowance
12.6.1 Outside work
12.6.1(a) An employee who is engaged on outside work by an employer (other than an employee regularly or continuously engaged on outside work) is entitled to be paid by the employer an annual allowance equal to the annual premium paid by the employee to obtain a policy of insurance, approved in advance by the employer, which provides a benefit to the employee of $100,000 upon his/her death whilst engaged on outside work.
12.6.1(b) This clause does not apply where the employee's employer maintains an insurance policy, or self-insures, in order to provide a benefit to the employee of $100,000 upon his/her death whilst engaged on outside work.
12.6.2 Firefighting
12.6.2(a) An employee who is engaged in firefighting by an employer is entitled to be paid by the employer an allowance equal to the annual premium paid by the employee to obtain a policy of insurance, approved in advance by the employer, which provides a benefit to the employee of $130,000 in the case of death or total and permanent disability caused by bodily injury of the employee whilst engaged in firefighting.
12.6.2(b) This subclause does not apply if the employee's employer maintains an insurance policy, or self-insures, in order to provide a benefit to the employee of $130,000 in the case of death or total and permanent disability caused by bodily injury of the employee whilst engaged in firefighting.
12.6.3 Total and permanent disability
For the purposes of 12.6.2(b), total and permanent disability means incapacitation to the following extent:
12.6.3(a) the loss of two limbs (where limbs include the whole of one hand or the whole of one foot) or the sight of both eyes or the loss of one limb and the sight of one eye; or
12.6.3(b) after a period of six consecutive months continuous absence from his/her employment on account of injury which is proved to the satisfaction of the Insurer (after considering such medical or other evidence or advice as they may require from time to time) the employee is unable or unlikely ever again to be able to undertake any form of remunerative work for which he/she is reasonably fitted by education or training or experience.
12.6.4 Indemnity
The employer must indemnify the Master and crew of a tug engaged in fire-fighting operations against all claims, demands, actions, suits, causes of action and payment of money whatsoever arising out of or relating to their engagement in firefighting operations. It is also stipulated that nothing undertaken within this clause will affect the right of the Company to limit liability or the application of the customary Towage Conditions of the Company.
12.7 Victualling and accommodation allowance in out-ports
[12.7.1 varied by PR922336; corrected by PR930471; substituted by PR957249; varied by PR966346 PR975085; PR979226 ppc 01Oct07]
12.7.1 Where an employee is not at his/her home port and is required to eat ashore and or sleep ashore the following allowances will be payable:
Allowance | |
$ | |
Breakfast |
12.30 |
Lunch |
14.40 |
Dinner |
23.20 |
Accommodation (per day) |
69.70 |
Total daily allowance |
119.40 |
12.7.2 An employee will only be entitled to the accommodation allowance if:
12.7.2(a) the place at which the employee sleeps is not his/her usual place of residence; and
12.7.2(b) the employee produces evidence to the reasonable satisfaction of the employer that the employee has properly incurred expenditure on the provision of accommodation for him or her self for the night or nights in question.
12.7.3 In the case of casual employees, the provisions of this clause only apply if the casual employee is engaged to perform work on a tug at a port which is not the home port of the permanent employees in the tug crew.
12.8 Travelling
12.8.1 This clause applies where an employee is either travelling from his/her home port to another port at the direction of the employer or travelling to his/her home port from another port at the direction of the employer.
12.8.2 The employer will reimburse the employee for the reasonable cost of the transport required by the employer to be used. This clause will not apply where the employer provides and/or pays for the cost of such transport.
12.8.3 In the case of an employee who is paid on the basis of minimum wages and overtime, time spent travelling will be paid at the appropriate rates.
12.8.4 In the case of an employee who is paid an aggregate wage no additional payment is payable for time spent travelling.
12.8.5 All references to columns in 12.8 are references to the columns for the respective ports in Table 2.
12.8.6 Employees who are employed in the ports in Table 2 and who are not provided with transport by the employer, will be entitled to the allowance in column 1 for travel between work and the employee's usual place of residence in the circumstances set out in column 2.
12.8.7 The provisions in column 3 will also apply.
12.9 Expenses
12.9.1 The employer will reimburse an officer for any expenses reasonably incurred by the officer in the performance of his/her duties on behalf of the employer.
12.9.2 As well as to other matters, this clause will apply to enquiries as to casualties or as to the conduct of employees and to proceedings for any alleged breach of any maritime or port or other regulations, unless the authority conducting the enquiry or proceedings finds that such enquiry or proceedings have been occasioned by the default or misconduct of the employee or, in the event of an appeal therefrom the appellate Tribunal finds that such enquiry or proceedings have been occasioned by the default or misconduct of the employee.
12.9.3 If the employer disputes his/her liability under this clause the question will be referred to the Commission for determination.
12.10 Area and Port allowances
12.10.1 All references to columns in subclause are references to the columns for the respective ports in the table below.
12.10.2 Subject to 12.10.3, employees who are employed in the ports in the table below will be entitled, in addition to wages under clause 9 – Duties and remuneration, to the area allowance in column 1 if the conditions set out in column 2 are satisfied.
[12.10.3 varied by PR922336; substituted by PR957249; varied by PR966346 PR975085; PR979226 ppc 01Oct07]
12.10.3 The allowances in column 1 will be reduced in accordance with the discounting provisions in column 3.
Port |
Column 1 Area/Port Allowance |
Column 2 Condition to be Satisfied Before Entitlement Arises |
Column 3 Discount Provisions |
Botany Bay |
10% of the Hourly Rate of a Category II Master for each hour worked |
The employee must be working on a tug stationed at Botany Bay |
N/A |
Bowen |
$9,027.30 per annum payable monthly |
The employee must be required by the employer to move vessels at the time and to the place required. |
The allowance will be discounted by a factor of 0.5434 for each vessel where tug crews do not move a vessel at the time and to the place required. |
Dalrymple Bay |
|||
Hay Point |
$12,612.50 per annum payable monthly | ||
Mackay, Townsville, Cairns, Mourilyan |
One and a half hour’s pay |
If an employee is notified after 1630 on Friday of additional tug commitments for Sat, Sun and public holidays |
N/A |
Kwinana |
$24.10 per week |
N/A |
N/A |
Portland |
$615.20 per annum |
The employee must be a seaman undertaking a range of work including duties on the vessel “Lewis” and in the mooring gang where no tugs are used |
N/A |
Weipa |
$3,579.40 per annum |
N/A |
N/A |
Koolan Island |
$9.60 per week |
N/A |
N/A |
Fremantle |
If condition 1 in column 2 applies, $6.80 per week, or if condition 2 in column 2 applies, $1.30 per day |
1. The employee must be from Fremantle and working on a tug stationed at Kwinana for four or more days.
|
12.11.1 In ports other than Melbourne or Western port where 9.5 is not invoked the following will apply:
12.11.1(a) When an employee who has ceased duty on any day is required thereafter to resume duty otherwise than in a consecutive extension before or after ordinary duty for the day, the employee will be entitled to a minimum payment of four hours for each resumption but, if the employee has to resume duty on two occasions during the hours between 1800 hours on the one day and 0500 hours on the following day will be entitled to a payment for the whole of the time from the commencement of the first to the termination of the last resumption. No break in duty will be of less than six hours duration from the time the employee is relieved from work. In computing a break of duty in relation to this subclause time off duty before the ordinary finishing time of the day up to 1600 hours will not count except on Saturdays, Sunday and public holidays.
12.11.1(b) In addition to the payment prescribed in 12.11.1 for each resumption of duty on any day, otherwise than in a consecutive extension before or after ordinary duty for the day, the employee will be entitled to payment of travelling time for one hour at the employees ordinary rate of pay.
12.11.1(c) If an employee is required to resume duty after the ordinary finishing time of the day, when possible, will be given details of the work expected to be done up to and including the ordinary starting time the next day.
12.11.2 In the ports of Melbourne and Western port there will be a break of not less than 6 hours between cessation of duty on one day and commencement of duty on the next. The said period of six hours will be reduced by the closing down and opening up times.
