AP814932 - Professional Divers' - Maritime Union of Australia Award 2002
21.1 Leave accrual
For each on-duty day worked employees other than casual employees shall receive one paid off-duty leave day.
21.2 Rosters
The employer shall establish a regularly recurring roster of equal on-duty and off-duty periods for each work site. The on-duty and off-duty periods shall each be of 14 days' duration, provided that other equal periods may be worked by agreement between the parties.
21.3 On-duty period
The on-duty period for employees, other than casual employees shall commence on the day of arrival at the designated point of embarkation to the work site.
21.4 Off-duty period
The off-duty period for employees, other than casual employees shall commence on the day of departure from the work site. Provided that if the employee is held over beyond midnight on his crew change day and/or subsequent days, he shall be paid one days pay at the base rate but he shall not accrue a subsequent leave day.
21.5 Not attending for duty
Employees not attending for duty in a rostered on-duty period other than as provided for elsewhere in this clause shall not receive payment nor accrue off-duty leave days in respect of such period.
21.6 Authorised paid leave
Employees who are absent during a rostered on-duty period for reasons provided for in clauses 18, Accident pay, 23, Sick leave, 24 Bereavement leave and 25, Jury service shall be paid as if on-duty for the period of such absence.
21.7 Authorised unpaid leave
At the request of an employee the employer may grant authorised unpaid leave to that employee. The employee shall not receive payment nor accrue or use paid off-duty leave days in respect of such period of absence. The granting of authorised unpaid leave shall be at the sole discretion of the employer.
21.8 Roster changes by the employer
Where a roster is changed by the employer and the commencement of an employee's on-duty period is advanced, the employee shall be considered to be on-duty from the day of arrival at the designated point of embarkation.
21.9 Roster changes by the employee
Where a roster is changed at the request of an employee the employee shall be either on duty and accruing off-duty leave days or off-duty and using off-duty leave days as provided in 21.3 and 21.4.
21.10 Returning to work early
Where an employee commences duty prior to the commencement of the employee's rostered on-duty period the employee shall be considered to be on-duty from the day of arrival at the designated point of embarkation.
21.11 Prevented from commencing an on-duty period
Where an employee reports for duty at a designated assembly point but cannot be transported to the offshore work site due to weather conditions, insufficient work or other circumstances beyond the employer's control, the period of such delay will be regarded as an on-duty period provided that the employer may gainfully employ the employee onshore.
The provisions of this subclause do not affect the right of an employer to stand down an employee because of any strike pursuant to the provisions of 14.
21.12 Prevented from remaining on-duty
Where during an on-duty period an employee cannot remain at the offshore work or other circumstances beyond the employer's control, such days shall be considered to be on-duty days provided that the employer may gainfully employ the employee onshore.
The provisions of this subclause do not affect the right of an employer to stand down an employee because of any strike pursuant to the provisions of 14.
21.13 Prevented from commencing off-duty period
Where due to weather conditions or other circumstances an employee is delayed offshore and prevented from commencing a rostered off-duty period the employee shall be on-duty and accruing off-duty leave days until the employee actually commences an off-duty period.
21.14 Imbalance of off-duty leave days owed and actually taken
Pursuant to the provisions of this clause an employee may accrue more off-duty leave days than are taken or take more off-duty leave days than have been accrued. Where the employee accrues more off-duty leave days than are taken the balance shall be recorded and taken at another time. Where the employee takes more off-duty leave days than are accrued they shall be deducted from any balance of off-duty days yet to be taken. Where that results in a negative balance of off-duty leave days that number of days will be subtracted from the employee's pay for that month. A positive balance of off-duty days owed to the employee on termination shall be paid to the employee at that time.
21.15 Work on first day of off-duty period
To allow a smooth change over of on-duty and off-duty crews employees will normally be required to work for some period of the first day of their off-duty period on the understanding that they will on average not work a corresponding period on the first day of their on-duty period.
