Fair Work Act 2009
s.156 - 4 yearly review of modern awards

4 yearly review of modern awards - Ports, Harbours and Enclosed Water Vessels Award 2010, Seagoing Industry Award 2010, Marine Towage Award 2010
(AM2016/5)

4 yearly review of modern awards – substantive matters – coverage of award – changes to classifications – Ports, Harbours and Enclosed Water Vessels Award 2010, Seagoing Industry Award 2010, Marine Towage Award 2010.

[1] On 8 November 2017 the Full Bench issued a statement advising of its preliminary view that given the potential for the coverage of the industries to which the Seagoing Industry Award 2010 and the Ports, Harbours and Enclosed Water Vessels Award 2010 apply to overlap that it may be appropriate as part of the 4 yearly review to amalgamate the two awards. It also advised that it had formed the preliminary view that further amalgamation with the third award, the Marine Towage Award 2010, is also worthy of consideration.

[2] The parties made submissions in response to the preliminary view both in writing and orally at a hearing held on 7 December 2017. The Full Bench has reserved its decision in relation to this issue. If the Full Bench determines to pursue this course then the Full Bench will publish an exposure draft award for the parties’ further consideration.

[3] To enable the decision of the Full Bench 1 in AM2016/5 to be given effect in the interim, draft determinations have been published with this statement.

[4] We note that the revised draft determination for the Ports, Harbour and Enclosed Water Vessels Award 2010 has removed the reference to the Marine Towage Award 2010 in the coverage clause 4.1. Additionally, it expands the new clause 4.2(a) regarding excluded vessels covered by the Seagoing Industry Award 2010.

[5] Interested parties are directed to provide any submissions in response to the revised draft determinations to amod@fwc.gov.au by 12.00 pm on Thursday, 15 February 2018.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR599798>

Fair Work Act 2009 s.156 - 4 yearly review of modern awards

MARINE TOWAGE AWARD 2010
[MA000050]

4 yearly review of modern awards – Marine Towage Award 2010 – coverage of award.

A. Further to the Full Bench Decision [[2017] FWCFB 1138] issued on 24 February 2017, the above award is varied as follows:

1. By inserting the word “and” at the end of clause 4.1(a).

2. By deleting clause 4.1(b).

3. By renumbering clauses 4.1(c) and (d) as clauses 4.1(b) and (c).

4. By deleting the word “; and” and inserting a full stop at the end of renumbered clause 4.1(b).

5. By deleting the renumbered clause 4.1(c).

6. By updating cross-references accordingly.

B. This determination comes into operation from XX Month 2018. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect until the start of the first full pay period that starts on or after XX Month 2018.

VICE PRESIDENT

Fair Work Act 2009
s.156 - 4 yearly review of modern awards

4 yearly review of modern awards
(AM2016/5)

PORTS, HARBOURS AND ENCLOSED WATER VESSELS AWARD 2010
[MA000052]

4 yearly review of modern awards – Ports, Harbours and Enclosed Water Vessels Award 2010 – coverage of award

A. Further to the Full Bench Decision [[2017] FWCFB 1138] issued on 24 February 2017, the above award is varied as follows:

1. By deleting clause 4.1(b).

2. By renumbering clauses 4.1(c) to (g) as clauses 4.1(b) to (f).

3. By inserting the word “and” at the end of renumbered clause 4.1(d).

4. By deleting renumbered clause 4.1(e).

5. By renumbering the renumbered clause 4.1(f) as clause 4.1(e).

6. By renumbering clauses 4.2 to 4.8 as clauses 4.3 to 4.9.

7. By inserting a new clause 4.2 as follows:

4.2 The award does not cover employees engaged in the operation of:

(a) vessels trading as cargo vessels, passenger vessels or operated as Research vessels which, in the course of such trade or operation, proceed to sea (on voyages outside the limits of bays, harbours or rivers) and who are employed in the classifications in clause 13 and clause 25 of the Seagoing Industry Award 2010.

(b) vessels engaged in operations as described in clause 4.3(b) of the Marine Towage Award 2010.

8. By updating cross-references accordingly.

B. This determination comes into operation from XX Month 2018. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect until the start of the first full pay period that starts on or after XX Month 2018.

VICE PRESIDENT

Fair Work Act 2009 s.156 - 4 yearly review of modern awards

SEAGOING INDUSTRY AWARD 2010
[MA000122]

4 yearly review of modern awards – Seagoing Industry Award 2010 – coverage of award – changes to classifications

A. Further to the Full Bench Decision [[2017] FWCFB 1138] issued on 24 February 2017, the above award is varied as follows:

1. By deleting the words “Navigation Act 1912” wherever they appear in clause 2.1 and inserting the words “Navigation Act 2012”.

2. By inserting the following definition in clause 3.1 in alphabetical order:

Electrician means a person with a trade certificate as Electrical fitter (or equivalent) but who does not hold an Electro-technical officer certificate

3. By deleting clause 4.4(d)(iii).

4. By renumbering clauses 4.4(d)(iv) to 4.4(d)(vii) as clauses 4.4(d)(iii) to 4.4(vi).

5. By inserting the word “and” at the end of renumbered clause 4.4(iv).

6. By deleting renumbered clause 4.4(v).

7. By renumbering the renumbered clause 4.4(v)(i) as clause 4.4(v).

8. By renumbering clauses 4.5 to 4.8 as clauses 4.6 to 4.9.

9. By inserting a new clause 4.5 as follows:

4.5 This award does not cover the operation of:

(a) vessels as described in clause 4.1 of the Ports, Harbours and Enclosed Water Vessels Award 2010;

(b) vessels engaged in operations as described in clause 4.3(b) of the Marine Towage Award 2010.

9. By inserting the words “/Electro-technical officer” after the words “Second mate/Second engineer” in the table in clause 13.1(a).

10. By inserting the word “/Electrician” after the words “Third mate/Third engineer” in the table in clause 13.1(a).

11. By inserting the words “/Electro-technical officer” after the words “Second mate/Second engineer” in the table in clause 13.1(b).

12. By inserting the word “/Electrician” after the words “Third mate/Third engineer” in the table in clause 13.1(b).

13. By inserting the words “/Electro-technical officer” after the words “Second mate/Second engineer” in the table in clause 13.1(c).

14. By inserting the word “/Electrician” after the words “Third mate/Third engineer” in the table in clause 13.1(c).

15. By inserting the words “/Electro-technical officer” after the words “Second mate/Second engineer” in the table in clause 13.1(d).

16. By inserting the word “/Electrician” after the words “Third mate/Third engineer” in the table in clause 13.1(d).

17. By inserting the words “/Electro-technical officer” after the words “Second mate/Second engineer” in the table in clause 13.1(e).

18. By inserting the word “/Electrician” after the words “Third mate/Third engineer” in the table in clause 13.1(e).

19. By inserting the words “/Electro-technical officer” after the words “Second mate/Second engineer” in the table in clause 13.1(f).

20. By inserting the word “/Electrician” after the words “Third mate/Third engineer” in the table in clause 13.1(f).

21. By inserting the words “/Electro-technical officer” after the words “Second mate/Second engineer” in the table in clause 13.1(g).

22. By inserting the word “/Electrician” after the words “Third mate/Third engineer” in the table in clause 13.1(g).

23. By deleting the words “Navigation Act 1912” in clause 13.2 and inserting the words “Navigation Act 2012”.

24. By deleting the words “Navigation Act 1912” in clause 14.6(b) and inserting the words “Navigation Act 2012”.

25. By deleting the words “Navigation Act 1912” in clause 14.8(a)(ii) and inserting the words “Navigation Act 2012”.

26. By deleting the words “Navigation Act 1912” in clause 14.10 and inserting the words “Navigation Act 2012”.

27. By deleting the words “Navigation Act 1912” in clause 18.5(a)(iii) and inserting the words “Navigation Act 2012”.

28. By deleting the words “Navigation Act 1912” in clause 22.2 and inserting the words “Navigation Act 2012”.

29. By inserting the words “/Electro-technical officer” after the words “Second mate/Second engineer/Radio Officer/Electrical Engineer” in the table in clause 25.

30. By inserting the word “/Electrician” after the words “Third mate/Third engineer” in the table in clause 25.

31. By updating cross-references accordingly.

B. This determination comes into operation from XX Month 2018. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect until the start of the first full pay period that starts on or after XX Month 2018.

VICE PRESIDENT

 1   [2017] FWCFB 1138.