AP799111 - Tugboat Industry Award 1999
13.1 A permanent employee shall be entitled to 168 days free of duty in each year, or to proportionate leave for any continuous service of less than a year.
13.2 The leave prescribed in clause 13.1 above includes:
13.2.1 104 intervals of leave, being in lieu of weekends;
13.2.2 annual leave;
13.2.3 public holidays for the port concerned; and
13.2.4 an additional 28 days leave, to give effect to a 35 hour week (where a 35 hour week is worked, the additional 28 days leave will not apply, and the entitlement in 13.1 will reduce accordingly).
13.3 Despite clause 13.1, employees will not accrue leave from duty (except annual leave) whilst absent from service on account of workers compensation or leave without pay. An employee's leave entitlement under clause 13.1 will be debited by 0.857 of a day for each day of absence referred to in this clause.
13.4 Employers will consult with their employees and prepare a roster providing for the taking of leave from duty. Where practicable, the roster should provide for predictability to the taking of 140 days of leave from duty in each year (or the proportion of the employee's entitlement to rostered leave days in a year that 140 bears to 168).
13.5 Despite the provisions of this clause, the value of any leave given to the employee in advance shall be deducted, upon termination of employment, from any monies owing to an employee.
13.6 Public Holidays
13.6.1 In ports where 9.5 is not invoked the undermentioned holidays will apply:
13.6.2 In ports where 9.5 is not invoked, an employee required to work on any of the days specified in 13.6.1 in addition to the ordinary rate of pay will be paid for all hours worked within ordinary hours at the rate of time and one half, and outside ordinary hours at the rate of double time and one half with a minimum payment of four hours.
13.7 Continuous service
For the purposes of this clause a permanent employee shall be deemed to have served continuously for the aggregate of his/her service although the service may have been temporarily interrupted (by up to 21 days) by transfer to some other work of his/her employer, or for the convenience of the employer, or by suspension of operations, or the need to carry out repairs or maintenance on a tug that the employee is rostered to work on.
13.8 Long Service Leave
13.8.1 An employee will accrue long service leave in accordance with relevant state legislation. Except as otherwise provided in clause 13.9.2, accrued leave will be converted into days, on the basis that each week of leave equals 5 days.
13.8.2 For each day absent on long service leave one day's long service leave entitlement shall be debited. For the avoidance of doubt, this clause does not entitle employees to take long service leave in single day blocks.
13.8.3 If a public holiday falls in a period of long service leave, then in States where the applicable long service leave legislation requires it, the employee will be credited an extra day of long service leave.
13.9 Effect of Long Service Leave on Rostered Leave
13.9.1 This clause does not apply to towage operations that do not provide crew with a 168 days fully predictable leave system.
13.9.2 Despite clause 13.1, if during a year an employee is absent on long service leave, then the employee's entitlement to rostered leave for that year will be the sum of A + B below:
A A is the relevant proportion (%) of 168 days, less any rostered leave days debited under clause 13.3.
The relevant proportion (%) = the employee's weeks of service in the year (excluding the number of calendar weeks of long service leave taken), divided by 52.
For Example: Where an employee takes 13 weeks of long service leave in a year, the relevant proportion is calculated as follows: 39/52 = 75%. In this example, A = 75% of 168 days, less any days debited under clause 13.3.
B B = 0.549 days of rostered leave for each ‘converted’ day of absence on long service leave. (This accrual factor includes weekends and annual leave).
‘Converted’ days of long service leave are determined on the basis that one calendar week of long service leave = 5 days
For Example: Where an employee takes 13 weeks of long service leave (i.e 65 converted days of long service leave) in a year, B = 0.549 x 65
13.9.3 If an employee returns from long service leave onto the normal roster and thereby takes rostered leave in excess of the employee's leave entitlement under this clause, the employee's rostered leave entitlement will be debited accordingly, and the excess leave taken may be recovered by the employer in accordance with arrangements to be determined at the enterprise level.
13.9.4 For the avoidance of doubt, the rostered leave that an employee becomes entitled to in respect of service in any year before taking long service leave, is included in the rostered leave which the employee is granted in that year following the employee's return from long service leave.
