AP814932 - Professional Divers' - Maritime Union of Australia Award 2002
13.1 General employment
13.1.1 Except as provided in 13.3 employment for the first four weeks shall be on a weekly basis and thereafter shall be on a four weekly basis.
13.1.2 An employee shall perform such work as the employer shall, from time to time, reasonably require.
13.2 Termination of employment
Notice may be given at any time but the day on which the notice is given shall not count as part of the notice.
13.2.1 Notice of termination by employer
13.2.1(a) In order to terminate the employment of a full-time or regular part-time employee the employer shall give to the employee the period of notice specified in the table below:
Period of continuous service |
Period of notice |
1 year or less |
1 week |
Over 1 year and up to the completion of 3 years |
2 weeks |
Over 3 years and up to the completion of 5 years |
3 weeks |
Over 5 years of completed service |
4 weeks |
13.2.1(b) In addition to this notice, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, are entitled to an additional week’s notice.
13.2.1(c) Payment in lieu of the notice will be made if the appropriate notice period is not required to be worked. Employment may be terminated by the employee working part of the required period of notice and by the employer making payment for the remainder of the period of notice.
13.2.1(d) In calculating any payment in lieu of notice, the wages an employee would have received in respect of the ordinary time they would have worked during the period of notice had their employment not been terminated will be used.
13.2.1(e) The period of notice in this clause, shall not apply in the case of dismissal for conduct that justifies instant dismissal including neglect of duty or misconduct and in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specific task or tasks.
13.2.1(f) An employer may extend a four week notice period by up to fourteen additional days during which time an employee may resign at any time without penalty. After the expiration of fourteen days of such extended notice period the employer must issue an additional four weeks' notice commencing from the time of the completion of the original four weeks' notice period.
13.2.2 Notice of termination by an employee
13.2.2(a) The notice of termination required to be given by an employee is the same as that required of an employer, save and except that there is no requirement on the employee to give additional notice based on the age of the employee concerned.
13.2.2(b) If an employee fails to give notice the employer has the right to withhold monies due to the employee to a maximum amount equal to the ordinary time rate of pay for the period of notice.
13.2.2(c) Where employees have given notice or been given notice as aforesaid, they shall continue in their employment until the date of the expiration of such notice. Any employee who, having given notice or having been given notice as aforesaid without reasonable excuse (proof of which shall be on them), absent themselves from work during such period shall not be entitled to payment for work done by them within that period.
13.3 Casual employees
13.3.1 A casual employee is one engaged and paid as such, provided that a person shall only be hired as a casual to supplement the normal diving team or to replace a regular crew member who is absent.
13.3.2 An employee employed as a casual as specified in 13.3.1 shall not subsequently be employed by that employer until the expiration of a period equivalent to the preceding period of duty. This paragraph shall not apply where the employee must be employed prior to the expiration of that equivalent period because no other suitable employee is available for employment.
13.3.3 Casual employees shall be paid in accordance with the provisions of 13.3 and shall receive all appropriate allowances as prescribed by this award.
13.3.3 Short term projects
13.3.3(a) A casual employee is one engaged and paid as such, provided that a person shall only be employed in a casual capacity for a continuous project period not exceeding 56 days after which such employee will be deemed as permanent.
13.3.3(b) During a short term project, no employee will be required to be kept offshore for a period exceeding 28 days or any other lesser period as agreed between the parties.
13.3.3(c) An employee employed as a casual as specified in 13.3.1 who reports for duty but cannot be transported offshore shall receive payment for that day provided that the employer is entitled to gainfully employ that employee onshore.
13.3.3(d) A casual employee shall be paid on a daily basis at the rate of 227.5% of the daily rate.
