Maritime Offshore Oil and Gas Award 2020 [MA000086]
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[Varied by PR718904, PR719056, PR729345, PR729529, PR740772]
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
15.1 Employers must pay to an employee the wage-related allowances the employee is entitled to under clause 15.
NOTE: See Schedule A—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
15.2 Vessels wrecked or stranded
[15.2(a) varied by PR718904, PR729345, PR740772 ppc 01Jul22]
(a) In addition to any other entitlement under this award, an allowance of $29.23 per hour is to be paid to an employee in circumstances where:
(i) a vessel becomes wrecked or stranded in the course of a voyage; and
(ii) the employee is called upon for special efforts while the vessel is still wrecked or stranded
for the time during which the employee so assists.
15.3 Allowances specific to vessels other than floating production facilities
The following allowances cover all circumstances associated with living on board a self-propelled drilling vessel:
(a) Shared accommodation allowance
[15.3(a) varied by PR718904, PR729345, PR740772 ppc 01Jul22]
An allowance of $41.65 per day is to be paid to a crew member who is required to share a cabin, and who is not already in receipt of any monetary consideration, for each day they are required to share accommodation.
(b) Vessels temporarily engaged in carriage and handling of cargo allowance
[15.3(b) varied by PR718904, PR729345, PR740772 ppc 01Jul22]
An allowance of $55.37 per day is to be paid to crew members in full compensation of all additional duties where a stand-by vessel is required to handle and carry cargo to or from an offshore installation.
(c) Hard-lying allowance
[15.3(c) varied by PR718904, PR729345, PR740772 ppc 01Jul22]
An allowance of $52.09 per day is to be paid to crew members who are accommodated on board in a 2 berth cabin and an allowance of $83.41 per day is to be paid to crew members who are accommodated on board in a 4 berth cabin.
15.4 Allowances specific to floating production facilities
(a) Communication allowance
[15.4(a) varied by PR718904, PR729345, PR740772 ppc 01Jul22]
An allowance of $4.97 per completed fortnight is to be paid to all employees to facilitate communication between the employer and employee.
(b) Keep allowance
The employer will accommodate and keep the employee upon the facility at the employer’s cost, or reimburse the employee for expenses incurred on the facility.
(c) Personal accident insurance allowance
[15.4(c) varied by PR719056, PR729529, PR740935 ppc 01Jul22]
Except where it is provided, the employer must reimburse the employee for a death and personal accident insurance cover of $147,719 for each employee’s employment. Subject to the terms and exclusions of the policy or policies, the cover provided will be based on the following:
(i) the schedule of compensation will contain provision for the following payments:
provided that payments made pursuant to the schedule of compensation must not exceed 100 weeks.
(ii) geographical limits—for accidents to be world-wide;
(iii) age coverage—16 to 64 years;
(iv) exemptions—charter aircraft, helicopters and motorcycles not to be exempt; and
(v) maximum liability—policies to have a liability sufficient to cover all lives involved in any one accident.
(d) Personal illness insurance allowance
Except where it is provided, the employer will reimburse the employee for insurance against loss of salary where an employee is unable to commence a duty period due to an illness, and where that illness does not attract any benefits pursuant to sections 65 to 73 of the Navigation Act 2012 (Cth). Subject to the policy or policies purchased, the insurance will be based on the following conditions:
(i) the insurance will commence from the time that an employee is unable to commence a duty period because of illness;
(ii) during a period covered by this insurance an employee will neither accrue nor use leave;
(iii) over the period of the insurance the employee will receive 65% of their normal award salary and loading if applicable;
(iv) the insurance will not apply unless the employee is unfit for duty for more than 7 on duty days from the commencement of the duty period;
(v) in relation to any one illness the insurance will cease 3 calendar months from the commencement date or when the employee is certified as fit to resume duty by a qualified medical practitioner, whichever is the sooner; and
(vi) no medical expenses are payable under this insurance.
15.5 Study allowance
(a) Eligible employees
This allowance will apply to:
(i) an employee Deck Officer who goes ashore to study and sit for an approved course of study qualifying such employee as a First Mate or Master of a ship;
(ii) an employee Marine Engineer, Marine Electrician or Electrical Engineer, who goes ashore to study and sit for an approved course of study of Marine Engineering; and
(iii) an employee Integrated Rating, who goes ashore to study and sit for an approved course of study to qualify such an employee as a Deck Officer or Marine Engineer.
(iv) An approved course of study is a Certificate of Competency, including an Endorsement, as prescribed by the Navigation Act 2012 (Cth) or regulations made in accordance with the Navigation Act 2012, conducted by the Australian Maritime College or an approved technical institution or academy.
(b) Conditions for accessing entitlement
The entitlements set out in clause 15.5(c) will only be payable by the employer if the following conditions are met:
(i) an application in writing has been made by the employee and has been approved in writing by the employer;
(ii) the employee has been in the employment of the employer for the 12 months prior to commencing the period of study;
(iii) if the employer so desires, the employee will enter into a written undertaking that the employee will remain in its employment for a period of at least 12 months after sitting for the certificate in question;
(iv) the entitlement will be confined to the first attempt to obtain the certificate in question; and
(v) the employee provides the employer with reasonable proof of satisfactory attendance at the course of study and examination.
(i) For approved study outside a period of accrued leave—75% of the eligible employee’s salary or aggregate wages for the authorised period of study.
(ii) For approved study during a period of accrued leave—a period of additional leave (immediately following the sitting for each certificate), equal to 75% of the authorised period of study.
(iii) An employer and an employee may agree to grant the additional leave under clause 15.5(c) as payment instead of leave.
(iv) Where an application by an employee to undertake an approved course of study has been approved by the employer and the employee is subsequently retrenched, the employee will be entitled to payment in accordance with clause 15.5(c). For these purposes, the employee’s salary rate will be that rate applicable at the date of termination.
(d) Living away from home allowance
When it is necessary for an employee to take up temporary residence away from their home port to undertake the approved study, a living away from home allowance will be payable to the employee during the authorised period of study as follows:
[15.5(d)(i) varied by PR719056, PR729529, PR740935 ppc 01Jul22]
(i) $140.74 per week; or
[15.5(d)(ii) varied by PR719056, PR729529, PR740935 ppc 01Jul21]
(ii) $198.46 per week (if the employee has a spouse or de facto partner and/or dependent children).
(e) Authorised period of study
The authorised period of study for eligible employees under clause 15.5 will consist of:
(i) the period of their attendance at the course of study for each such certificate;
(ii) the prescribed examination times; and
(iii) vacation times or holidays of not more than 7 consecutive days (including Saturdays, Sundays and public holidays).