Maritime Offshore Oil and Gas Award 2020 [MA000086]
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[Varied by PR719056; corrected by PR724181; varied by PR729529, PR740772, PR740935]
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.
16.1 Employers must pay to an employee the expense-related allowances the employee is entitled to under clause 16.
NOTE: See Schedule A—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
16.2 Meal and accommodation allowance
[16.2(a) varied by PR719056, PR729529, PR740935 ppc 01Jul22]
(a) If an employee is required by the employer to take a meal or meals ashore, the employee will be reimbursed for meal costs, as follows:
(i) If the above allowances do not cover the receipted cost of meals in the accommodation provided by the employer, the employer will meet the reasonable cost of the employee’s meal. Alcohol will not be included.
[16.2(b) Corrected by PR724181; varied by PR719056, PR729529, PR740935 ppc 01Jul22]
(b) Employees who are required to live ashore away from their home port may elect to provide their own accommodation in which case they will be reimbursed an allowance of $242.39 per day made up as follows:
(c) Foreign port conditions
(i) 2 clear rest and recreation days will be allowed at the foreign port of call where a vessel is delivered overseas.
(ii) An employee’s leave balance will remain unaffected by rest and recreation days.
(iii) The employer will reimburse the employee the cost of reasonable accommodation at the foreign port, including bed, breakfast and laundry; and
[16.2(c)(iv) varied by PR719056, PR729529, PR740935 ppc 01Jul22]
(iv) A victualling allowance of $161.37 is to be paid to the employee per rest and recreation day.
(d) Clause 16.2 will not apply where the employer provides meals and accommodation.
16.3 Travel expenses
(a) Unless provided by the employer, the employer will reimburse the employee the cost of travelling to and from the employee’s home port for the purpose of taking leave and to the employee’s home port upon termination of their employment. Where an employee terminates their employment before completion of their first on duty cycle, the employee will be responsible for the costs of returning to the employee’s home port.
[16.3(b) varied by PR719056, PR729529, PR740935 ppc 01Jul22]
(b) An employee must be reimbursed for one taxi fare to the airport from their home and vice versa for the purposes of travelling to or from the vessel, upon production of receipt, up to a maximum of $61.39 per trip.
(c) Where an employee has to wait for 4 hours or more for a connecting flight whilst travelling between the vessel and their home port the employer will provide or reimburse the employee the cost of hotel accommodation where available.
(d) In the event that the employer does not provide air travel the employee will be reimbursed the cost of economy class airfares.
(e) Any additional travelling expenses reasonably incurred will be reimbursed.
16.4 Industrial and protective clothing
(a) An employee will be reimbursed for one third of the cost of designated protective and industrial clothing.
(b) Unless provided by the employer, the employee will be reimbursed the cost of 2 pairs of high visibility overalls per year, oil skins, sou’westers and sea boots.
16.5 Vessels wrecked or stranded
[16.5 varied by PR719056, PR729529, PR740935 ppc 01Jul22]
If, under the conditions described in clause 15.2, an employee sustains damage to or loses their equipment or personal effects, the employer will reimburse the employee for such loss, but the amount of the reimbursement will not exceed the sum of $4789.
16.6 Damage to personal effects
(a) Except as provided in clause 16.6(b) an employee will be reimbursed for damage to an employee’s clothing or spectacles where the employee can prove that the damage was sustained during the course of work.
(b) Clause 16.6 will not apply when an employee is entitled to workers’ compensation in respect of the damage.
16.7 Reimbursement of expenses
(a) The employer will reimburse an employee any expenses reasonably incurred by the employee in the performance of their duties and on behalf of the employer.
(b) The entitlement under clause 16.7 will extend to:
(i) expenses associated with inquiries 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; and
(ii) reimbursement of reasonable legal costs incurred or fines imposed by a competent tribunal under any applicable environmental legislation. Provided that the expenses incurred were not due to, or arise from, the employee’s personal default or misconduct.
(c) In order to claim a reimbursement under clause 16.7, an employee will produce evidence to the reasonable satisfaction of the employer that the expenditure claimed was properly incurred by the employee.
16.8 Living away from home allowance during approved study leave
See clause 15.5(d) for the living away from home allowance payable when it is necessary for an employee to take up temporary residence away from their home port to undertake the approved study.
16.9 Medical examinations
An employee who undergoes a medical examination by a medical inspector of seamen, at the requirement of the employer or pursuant to requirements under the Navigation Act 2012 (Cth) and relevant Marine Orders, will be reimbursed for the cost of the prescribed fees by the employer.
16.10 Passport, visas and vaccinations
An employee who is required by the employer to have and maintain a valid passport, any necessary visas and necessary vaccinations will be reimbursed by the employer for all reasonable charges, fees and expenses incurred by the employee in this respect.