AW791878 [loose-leaf version]
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
AUSTRALIAN INDUSTRIAL REGISTRY LOOSE-LEAF CONSOLIDATION
OIL DRILLING RIG WORKERS’ AWU (ONSHORE) AWARD 1999
This award as varied 20 December 2005 (variation PR966887) comprises pages:
1 2 3 4 5 6 7 8 9-4 10-4
11-2 12-4 13-5 14-3 14A 15 16 17-1 18-1 19-1 20
21 22 23 24 25 26 27 28 29 30 31 32 33
<Total number of pages = 35>
DISCLAIMER
Please note that this consolidated award is prepared by the Australian Industrial Registry, and
is believed to be accurate but no warranty of accuracy or reliability is given and no liability is
accepted for errors or omissions or loss or damage suffered as a result of a person acting in
reliance thereon.
Official copies of Australian Industrial Relations Commission decisions, awards and orders
can be purchased from the Australian Industrial Registry in each capital city.
Printed by authority of the Commonwealth Government Printer
AW791878 [loose-leaf version]
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
Workplace Relations Act 1996
Review of awards pursuant to Item 51 of Part 2 of Schedule 5 of the
Workplace Relations and Other Legislation Amendment Act 1996
(C No. 00156 of 1999)
OIL DRILLING RIG WORKERS’ (ONSHORE) AWARD 1990
(ODN C No. 02736 of 1982)
[Print L3364 [O0019]]
Various employees
Oil and gas industry
SENIOR DEPUTY PRESIDENT POLITES
MELBOURNE, 10 MAY 2000
Award simplification - Item 51 Review.
PREAMBLE
On 16 December 1999 the parties to the award considered a draft simplified award following
which the Commission made the following statement, now edited:
“Mr Schmidt, appearing for the Australian Mines and Metals Association Inc, should
prepare a draft and forward a copy to the Commission and Mr Beard, appearing for
The Australian Workers’ Union. Mr Beard should advise the Commission by close of
business on 24 December 1999 of his agreement to the draft, then subject to the
Commission being finally satisfied with the document a simplified award will issue
without the necessity for further hearing.
If there is a difficulty raised by either party or if the Commission feels there is a
difficulty I will communicate with the parties and either invite written submissions to
deal with the outstanding matters or if necessary I will relist the matter.”
Following further correspondence between the parties and the Commission and no objection
having been received a simplified award will be made in the form agreed between the parties.
I am satisfied that the proposed award complies with Item 51 of the Transitional Provisions of
the Workplace Relations and Other Legislation Amendment Act 1996. The award will be
operative from the first pay period to commence on or after 16 December 1999.
ORDER
A.
The above award is varied as follows:
By deleting all clauses and schedules and inserting the following:
AW791878 - 1999
1
PART 1 - APPLICATION AND OPERATION OF AWARD
1.
AWARD TITLE
This award will be known as the Oil Drilling Rig Workers’ AWU (Onshore) Award 1999.
2.
ARRANGEMENT
This award is arranged as follows:
Part 1 – Application and operation of award
1.
2.
3.
4.
5.
6.
7.
8.
Award title
Arrangement
Definitions
Date the award starts
Where and who the award covers
Who is bound by the award?
Relationship to other awards
Anti-discrimination
Part 2 – Award flexibility
9.
10.
Enterprise flexibility provisions
Index of facilitative provisions
Part 3 – Dispute resolution and communication
11.
12.
Procedure to avoid industrial disputes
Posting of award
Part 4 – Employer and employee’s duties, employment relationship and related matters
13.
14.
15.
16.
17.
18.
Work organisation
Types of employment
Stand down
Redundancy
Termination of employment
Workplace abandonment
Part 5 – Wages and related matters
19.
20.
21.
22.
23.
Classifications and wage structure
Penalty rates
Allowances
Accident make-up payment
Superannuation
AW791878 - 1999
2
Part 6 – Hours of work and overtime
24.
25.
26.
Hours of work
Overtime
Stand-by
Part 7 – Leave of absence and public holidays
27.
28.
29.
30.
31.
Annual leave
Personal leave
Parental leave
Jury service
Public holidays
Schedule of respondents
3.
DEFINITIONS
The Act means the Workplace Relations Act 1996 as amended from time to time.
4.
DATE THE AWARD STARTS
The award comes into force from the first pay period to commence on or after 16 December
1999 and will remain in force for a period of six months.
5.
WHERE AND WHO THE AWARD COVERS
5.1
Where does the award apply?
The award applies in all States and Territories of Australia.
5.2
Who does the award apply to?
This award applies to employees of the employers listed in Schedule A of this award
when employed in or in connection with the operation of onshore drilling rigs, drilling
for hydrocarbons and work incidental thereto.
6.
WHO IS BOUND BY THE AWARD?
6.1
This award binds:
6.1.1
The Australian Worker’s Union and its members;
6.1.2
the employers listed in Schedule A attached to this award.
6.2
The award applies to the employees of the employer identified above, whether members
of union or not.
AW791878 - 1999
3
7.
RELATIONSHIP TO OTHER AWARDS
Nothing in this award shall in itself operate to reduce the conditions of employment of an
employee which were in existence immediately prior to or at the commencement of this
award in respect to allowable matters.
8.
ANTI-DISCRIMINATION
8.1
It is the intention of the respondents to this award to achieve the principal object in
s.3(j) of the Workplace Relations Act 1996 through respecting and valuing the diversity
of the work force by helping to prevent and eliminate discrimination on the basis of
race, colour, sex, sexual preference, age, physical or mental disability, marital status,
family responsibilities, pregnancy, religion, political opinion, natural extraction or
social origin.
8.2
Accordingly, in fulfilling their obligations under the dispute avoidance and settling
clause, the respondents must make every endeavour to ensure that neither the award
provisions nor their operation are directly or indirectly discriminatory in their effects.
8.3
Nothing in this clause is taken to affect:
8.3.1
any different treatment (or treatment having different effects) which is specifically
exempted under the Commonwealth anti-discrimination legislation;
8.3.2
junior rates of pay, until 22 June 2000 or later date determined by the Commission
in accordance with s.143(1E) of the Act;
8.3.3
an employee, employer or registered organisation, pursuing matters of
discrimination in any State or federal jurisdiction, including by application to the
Human Rights and Equal Opportunity Commission.
8.3.4
the exemptions in s.170CK(3) and (4) of the Act.
PART 2 - AWARD FLEXIBILITY
9.
ENTERPRISE FLEXIBILITY PROVISIONS
(See ss.113A and 113B of the Act)
9.1
Where an employer or employees wish to pursue an agreement at the enterprise or
workplace about how the award should be varied so as to make the enterprise or
workplace operate more efficiently according to its particular needs the following
process will apply:
9.1.1
A consultative mechanism and procedures appropriate to the size, structure and
needs of the enterprise or workplace will be established.
9.1.2
For the purpose of the consultative process the employees may nominate the
union or another to represent them.
9.1.3
Where agreement is reached an application will be made to the Commission.
AW791878 - 1999
4
10.
INDEX OF FACILITATIVE PROVISIONS
10.1 A facilitative provision is one which provides that the standard approach in an award
provision may be departed from by agreement between an individual employer and the
Union and/or an employee, or the majority of employees, in the enterprise or workplace
concerned.
10.2 Facilitative provisions in this award are contained in the following clauses:
Clause title
Clause number
Substitution of public holidays
Stand-by
Hours of work
Annual leave
31.5
26.1 and 21.6
24.6.1
27.3
PART 3 - DISPUTE RESOLUTION AND COMMUNICATION
11.
PROCEDURE TO AVOID INDUSTRIAL DISPUTES
11.1 In the event of a dispute arising in the workplace the procedure to be followed to resolve
the matter will be as follows:
11.1.1
The matter will be submitted by an employee or the union representative to the
employer’s representative on the job.
11.1.2
If not settled the matter will be formally submitted by the employee or union to
the employer, or visa versa.
11.1.3
If still not settled the matter will be referred to the Australian Industrial Relations
Commission.
11.1.4
While the above procedure is being followed, work will continue normally where
it is agreed that there is an existing custom, but in other cases the work will
continue at the instruction of the employer. While the parties attempt to resolve
the matter work will continue as normal unless an employee has a genuine
concern about an imminent risk to his or her health and safety. No party will be
prejudiced as to final settlement by the continuance of work in accordance with
this subclause.
12.
POSTING OF AWARD
A copy of this award and all amendments thereto will be exhibited or made available by the
employer in every place of work.
AW791878 - 1999
5
PART 4 - EMPLOYER AND EMPLOYEE’S DUTIES, EMPLOYMENT
RELATIONSHIP AND RELATED MATTERS
13.
WORK ORGANISATION
Employees must undertake duties as directed within the limits of their competence.
14.
TYPES OF EMPLOYMENT
14.1 Weekly employment
Employment shall be by the week.
14.2 Probationary employment
14.2.1
An employee will be engaged by the employer on a probationary basis for a
maximum period of 9 weeks (3 cycles). The probationary period will permit an
employee to be inducted, undergo initial employer training and for the employer
to assess the employee's performance.
14.2.2
During this probationary period either party may terminate employment by giving
one day's notice.
14.2.3
During the period of probationary employment, the employee's service will count
for the purposes of accruing leave entitlements, but the employee will not be
entitled to any paid leave, other than sick leave or bereavement leave, during that
probationary period.
14.2.4
This clause will not apply to employees who are re-engaged by an employer if
break between periods of employment is less than 12 months.
15.
STAND DOWN
15.1 The employer may deduct payment for any day the employee cannot be usefully
employed because of any strike or through any breakdown of machinery or any
stoppage of work by any cause for which the employer cannot reasonably be held
responsible.
15.2 Provided that in the event of storm, cyclones or other conditions which result in the
abandonment of an oil well drilling rig, the conditions of subclause 18.4 of this award
shall be applicable
16.
REDUNDANCY
16.1 Definition
Redundancy occurs when an employer decides that the employer no longer wishes the
job the employee has been doing to be done by anyone and this is not due to the
ordinary and customary turnover of labour.
AW791878 - 1999
6
16.2 Transfer to lower paid duties
Where an employee is transferred to lower paid duties by reason of redundancy the
same period of notice must be given as the employee would have been entitled to if the
employment had been terminated and the employer may at the employer’s option, make
payment in lieu thereof of an amount equal to the difference between the former
ordinary rate of pay and the new ordinary time rate for the number of weeks of notice
still owing.
16.3 Severance pay
16.3.1
In addition to the period of notice prescribed for ordinary termination clause 17,
Termination of employment, an employee whose employment is terminated by
reason of redundancy must be paid, the following amount of severance pay in
respect of a continuous period of service:
Period of continuous service
1 year or less
Severance pay
nil
1 year and up to the completion of 2 years
4 weeks pay
2 years and up to the completion of 3 years
6 weeks pay
3 years and up to the completion of 4 years
7 weeks pay
4 years and over
8 weeks pay
16.3.2
Week’s pay means the ordinary time rate of pay for the employee concerned.
16.3.3
Provided that the severance payments will not exceed the amount which the
employee would have earned if employment with the employer had proceeded to
the employee’s normal retirement date.
16.4 Employee leaving during notice period
An employee whose employment is terminated by reason of redundancy may terminate
his/her employment during the period of notice and, if so, will be entitled to the same
benefits and payments under this clause had they remained with the employer until the
expiry of such notice. However, in this circumstance the employee will not be entitled
to payment in lieu of notice.
16.5 Alternative employment
An employer, in a particular redundancy case, may make application to the Commission
to have the general severance pay prescription varied if the employer obtains acceptable
alternative employment for an employee.
AW791878 - 1999
7
16.6 Time off during notice period
16.6.1
During the period of notice of termination given by the employer an employee
will be allowed up to one day’s time off without loss of pay during each week of
notice for the purpose of seeking other employment.
16.6.2
If the employee has been allowed paid leave for more than one day during the
notice period for the purpose of seeking other employment, the employee will, at
the request of the employer, be required to produce proof of attendance at an
interview or he or she will not receive payment for the time absent. For this
purpose a statutory declaration will be sufficient.
16.7 Employees exempted
This clause will not apply where employment is terminated as a consequence of conduct
that justifies instant dismissal, neglect of duty or misconduct, and in the case of casual
employees, or employees engaged for a specific period of time or for a specific task or
tasks.
16.8 Employers exempted
Subject to an order of the Commission, in a particular redundancy case, this clause will
not apply to employers who employ less than fifteen employees.
16.9 Incapacity to pay
An employer, in a particular redundancy case, may make application to the Commission
to have the general severance pay prescription varied on the basis of the employer’s
incapacity to pay.
17.
TERMINATION OF EMPLOYMENT
17.1 Employment for employees may be terminated by the employer or employee giving the
other the appropriate amount of notice as specified below or pay in lieu thereof, or part
notice and part pay in lieu. Compensation in lieu of notice must be calculated as if the
employee had continued in normal employment for that period.
17.2
Period of continuous service
1 year or less
1 year and up to 3 years
3 years and up to 5 years
5 years and over
Period of notice
1 week
2 weeks
3 weeks
4 weeks
17.3 In addition to the notice specified above, the employer will give employees 45 years of
age or older, at the time of giving notice with not less than two years continuous service,
an additional week's notice.
AW791878 - 1999
8
17.4 The period of notice in this clause, will not apply in the case of dismissal for conduct
that justifies instant dismissal including inefficiency within the first fourteen days,
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.
17.5 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.
17.6 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.
18.
WORKPLACE ABANDONMENT
18.1 In the event of storm or cyclone or other conditions which result in the abandonment of
an oil drilling rig, the following shall apply:
18.1.1
Employees shall carry out their normal duties until such time as normal duties
become impracticable due to any reasons including safety factors.
18.1.2
Employees who are prevented from carrying out their normal duties shall be put
on to alternative duties, maintaining their ordinary award wage rates.
18.1.3
Employees for whom no alternative work can be found and employees for whom
no further alternative work can be found shall be stood down.
18.1.4
Employees stood down shall maintain their ordinary award wage rate for a
maximum period of 5 ordinary working days (i.e. 5 eight hour shifts).
18.1.5
In the event of work not resuming at the conclusion of the five day period referred
to in 18.4 hereof, the employer and employee(s) with the employee’s
representative shall enter into further negotiation.
18.1.6
Notwithstanding the above, an employee may elect not to accept alternative duties
in which case subclause 18.4 hereof shall not apply.
PART 5 - WAGES AND RELATED MATTERS
19.
CLASSIFICATION STRUCTURE AND WAGES
[19.1 substituted by V005 PR903140 PR933191; PR956413 ppc 11Mar05]
19.1 For work done during ordinary hours an employee engaged in a classification specified
in the table hereunder shall be paid at the respective rate per week assigned to that
classification:
AW791878 - 1999
9-4
Classification
Minimum award rate
$
Qualified Cook
Derrickman
Other cook
Floorman
Labourer
Cook's offsider
Utility attendant
561.20
538.00
516.70
495.40
474.20
474.20
474.20
19.2 Arbitrated safety net adjustment
[19.2 substituted by S6110 PR903140 PR933191; PR956413 ppc 11Mar05]
The rates of pay in this award include the arbitrated safety net adjustment payable under
the Safety Net Review - Wages decisions May 2003 [PR002003] and May 2004
[PR002004]. This arbitrated safety net adjustment may be offset against any equivalent
amount in rates of pay received by employees whose wages and conditions of
employment are regulated by this award which are above the wage rates prescribed in
the award. Such above award payments include wages payable pursuant to certified
agreements, currently operating enterprise flexibility agreements, Australian workplace
agreements, award variations to give effect to enterprise agreements and overaward
arrangements. Absorption which is contrary to the terms of an agreement is not
required.
Increases made under previous National Wage Case principles or under the current
Statement of Principles, excepting those resulting from enterprise agreements, are not to
be used to offset arbitrated safety net adjustments.
19.3 Classification structure
19.3.1
Qualified cook
Qualified cook will mean a commi chef or equivalent who has completed an
apprenticeship or who has passed the appropriate trade test and who is engaged in
cooking, baking, pastry cooking or butchering duties, and performs any of the
following:
19.3.1(a)
general duties including supervision and/or training of other kitchen staff;
19.3.1(b)
ordering and stock control;
19.3.1(c)
solely responsible for other cooks and other kitchen employees.
AW791878 - 1999
10-4
19.3.2
Derrickman
Derrickman will mean an employee who has the appropriate level of training and
who is engaged in any of the following:
19.3.2(a)
mixing chemicals;
19.3.2(b)
recording of pressures;
19.3.2(c)
operating the mud pump;
19.3.2(d)
communication with the engineer;
19.3.2(e)
relieving the driller;
19.3.2(f)
stacking the drill pipe;
19.3.2(g)
erecting and dismantling drilling rigs.
19.3.3
Other cook
Other cook will mean an employee who is not a qualified tradesman or
equivalent but has the appropriate level of training and who performs the
following cooking duties:
19.3.3(a)
general cooking;
19.3.3(b)
baking;
19.3.3(c)
pastry cooking;
19.3.3(d)
butchering.
19.3.4
Floorman
Floorman will mean an employee who has the appropriate level of training and
who is engaged in any of the following:
19.3.4(a)
run and recover drill string and bits;
19.3.4(b)
assisting derrickman;
19.3.4(c)
rigging up the derrick;
19.3.4(d)
prepare tubing and piping;
19.3.4(e)
operate forklift;
AW791878 - 1999
11-2
19.3.4(f)
minor engine maintenance;
19.3.4(g)
erecting and dismantling drilling rigs.
19.3.5
Labourer
Labourer will mean an employee who has the appropriate level of training and
who is engaged in any of the following:
19.3.5(a)
assisting floorman to run and recover drill string, drill bits and install casing;
19.3.5(b)
maintain an adequate supply of material for the drilling crew e.g. drill pipe,
casing, cement and chemicals;
19.3.5(c)
erecting and dismantling drilling rigs.
19.3.6
Cook’s offsider
Cook's offsider will mean an employee who has the appropriate level of training
and who is engaged in any of the following:
19.3.6(a)
general cleaning duties within the kitchen or food preparation area including
cleaning of cooking and general utensils used in a kitchen;
19.3.6(b)
assisting employees who are cooking;
19.3.6(c)
assembly and preparation of ingredients for cooking;
19.3.6(d)
general pantry duties.
19.3.7
Utility attendant
Utility attendant will mean an employee who has the appropriate level of
training and who is engaged in any of the following:
19.3.7(a)
general cleaning duties within the camp environs;
19.3.7(b)
assisting camp staff as required.
19.3.8
Mixed functions
19.3.8(a)
An employee engaged for a full day or shift on duties carrying a higher rate
than the employee's ordinary classification will, except where the employee
is engaged in training, be paid the higher rate for such day or shift.
19.3.8(b)
The wage rates set out in this award include compensation for relieving
employees in higher classification for periods of less than one day or shift.
AW791878 - 1999
12-4
20.
PENALTY RATES
20.1 Shift allowance
[20.1.1 varied by S6110 PR903140 PR933191 PR956413; substituted by PR958133 ppc
26May05]
20.1.1
An employee engaged on shift work will be paid an allowance of $9.40, for each
afternoon or night shift of 7.6 hours duration or for each regularly rostered shift
which partly falls within the afternoon or night shift hours.
20.1.2
An employee who (except at the employee's own request) during a period of
engagement on shift, works permanent night shift only will during such
engagement, period or cycle, be paid 30 per cent more than the ordinary rate for
all time worked during ordinary working hours on such night shift. Provided the
payment set out in this subclause will be in substitution for the shift allowance in
clause 20.1.1 hereof.
20.2 Saturday and Sunday work
20.2.1
The minimum rate to be paid to a shift worker for work performed during
ordinary hours between midnight Friday and midnight Saturday will be time and
one half.
20.2.2
The minimum rate to be paid to an employee for work performed between
midnight Saturday and midnight Sunday will be double time.
21.
ALLOWANCES
21.1 Supervisory allowance
An employee who is given by the employer, or the agent of the employer, the
responsibility over and above that attached to their normal classification of directing
and/or supervising the work of other employees, or in the case of only one employee the
specific responsibility of directing and/or supervising the work of that employee will
receive an allowance equal to 5 per cent of the qualified cook's weekly rate in
accordance with clause 19.1 hereof. This clause will apply only to the classifications of
Derrickman, Floorman, and Other cook.
21.2 Isolation and accumulated days off allowance
[21.2.1 varied by S6110 PR903140 PR933191; PR956413 ppc 11Mar05]
21.2.1
An employee will be paid an allowance of $40.40 for each day or part thereof
spent on site when employed on cycles of four weeks or longer in an isolated area.
AW791878 - 1999
13-5
[21.2.2 varied by S6110 PR903140 PR933191; PR956413 ppc 11Mar05]
21.2.2
An employee will be paid an allowance of $20.10 for each day or part thereof
spent on site when employed in an isolated area other than as described in
subclause 21.2.1 hereof.
21.2.3
The above allowances are to cover the disabilities associated with isolation,
accumulating days off, the lack of normal amenities of town or city dwelling,
sharing accommodation and the type of facilities and living conditions available
during drilling operations.
21.3 Clothing and boot allowance
[21.3.1 varied by PR903140; PR933191 ppc 15May03]
21.3.1
The appropriate allowance as set out hereunder will be paid to a rig worker who in
the course of their employment is required to wear safety boots. This allowance
will also include payment for wear and tear on the employee’s work clothes.
21.3.1(a)
When working 12 hour tours of duty - $21.10 per week of duty.
21.3.1(b)
When working 8 hours tours of duty - $14.20 per week of duty.
21.3.2
Such clothing and boots as this allowance provides compensation for, will
conform to safety standards as determined by the employer or as prescribed within
relevant legislation.
21.4 Protective clothing
21.4.1
Where it is necessary for the employee to purchase tools, gloves, masks, goggles,
waterproof clothing and/or other safety gear or equipment, the employer must
reimburse the employee the cost of such protective clothing, equipment and tools.
21.4.2
The provisions of clause 21.4.1 do not apply where the protective clothing,
equipment and tools are supplied to the employee at the employer’s expense.
21.5 Damage to clothing or spectacles
Reimbursement to the extent of the damage sustained will be made by an employer
where in the course of the work an employee's clothing or spectacles are damaged or
destroyed. Provided that this clause not apply when an employee is entitled to workers'
compensation in respect of the damage or when damage is sustained to clothing which
is supplied by the employer or for which the employee is paid an allowance in
accordance with clause 21.3 of this award.
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21.6 Stand-by payments
When an employee is available on stand-by at a place away from the employee’s home
the employer will reimburse the employee for suitable meal and accommodation costs.
Such meal and accommodation costs shall not be paid where the employer provides
suitable board and accommodation free of charge for standing by such place.
21.7 Fares
21.7.1
Where an employee has completed three months continuous service with an
employer or where the work has ceased sooner, then, on termination of the
employee's engagement the employer will reimburse the fare of the employee for
travel from the workplace back to the designated assembly point if the employee
so desires. Such reimbursement of fares will not take place where the employer
provides suitable transport.
21.7.2
Provided that if the employer and employee agree, reimbursement or the provision
of suitable transport under this subclause may be made in respect to some other
point if the dollar value does not exceed the amount payable from the workplace
to the designated assembly point. Provided further, that if the employment is
terminated due to serious misconduct on the part of the employee, the employer
will not be required to reimburse the employee or provide such transport.
21.8 Insurance
[21.8.1 varied by PR933191; PR956413 ppc 11Mar05]
21.8.1
The employer shall reimburse an employee for taking out additional insurance
cover for dismemberment or death by accident whilst at work or travelling to or
from work of $67,123.
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14A
21.8.2
The type of additional insurance coverage will be:
% of sum insured
21.8.2(a)
Death by accident
100
21.8.2(b)
Total loss of sight of both eyes
100
21.8.2(c)
Total loss of sight of one eye
50
21.8.2(d)
Serious diminution of sight of both
eyes
75
21.8.2(e)
Serious diminution of sight on one eye
35
21.8.2(f)
Loss of two limbs by the same accident
100
21.8.2(g)
Loss of one limb by accident
50
21.8.2(h)
Loss of both hands by accident
100
21.8.2(i)
Loss of hand and a foot
100
21.8.2(j)
Loss of hand or thumb and four fingers
80
21.8.2(k)
Loss of thumb
35
21.8.2(l)
Loss of forefinger
25
21.8.2(m) Loss of middle finger
20
21.8.2(n)
Loss of ring finger
20
21.8.2(o)
Loss of little finger
14
21.8.2(p)
Total loss of movement of joint of
thumb
15
21.8.2(q)
Total loss of distal phalanx of thumb
17
21.8.2(r)
Total loss of portion of terminal
segment of thumb involving
one third of its flexor surface without
loss of distal phalanx
15
21.8.2(s)
Total loss of distal phalanx of
forefinger
11
21.8.2(t)
Total loss of distal phalanx of any other
finger
9
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15
21.8.2(u)
21.8.3
22.
Loss of both feet
100
21.8.2 (v) Loss of foot
75
21.8.2(w) Loss of great toe
%
of
sum
insured
25
21.8.2(x)
Loss of any other toe
10
21.8.2(y)
Loss of two phalanxes of any toe
8
21.8.2(z)
Loss of phalanx of great toe
8
Where the employer provides insurance cover in accordance with the
requirements of this clause then the reimbursement provisions of this clause will
not have affect.
ACCIDENT MAKE-UP PAYMENT
22.1 An employer will pay an employee accident pay where the employee receives an injury
for which weekly payments or compensation are payable by or on behalf of the
employer pursuant to the provisions of the appropriate Workers' Compensation Act
provided such payments are at a rate less than an employee's appropriate ordinary award
rate.
22.2 Accident pay means payment of an amount being the difference between the amount of
compensation paid to the employee pursuant to the said appropriate Workers'
Compensation Act and payment for the number of hours that the employee would have
worked had the employee been at work, at the ordinary wage rate set out in clause 19.1
hereof.
22.3 An employer will pay, or cause to be paid, accident pay during the incapacity of the
employee within the meaning of the said appropriate Act until such incapacity ceases, or
until the expiration of a period of 52 weeks from the date of the injury or until the
employee's job is made redundant, whichever event will first occur.
22.4 For the purpose of this clause, a job is redundant when an employer has made a definite
decision that the employer no longer wishes the job the employee has been doing to be
done by anyone and this is not due to the ordinary and customary turnover of labour and
that decision leads to termination of employment.
22.5 The liability of the employer to pay accident pay in accordance with this clause will
arise as at the date of the injury or accident in respect of which compensation is payable
under the said appropriate Act, and the termination of the employee's employment other
than through redundancy, during the period of any incapacity will in no way affect the
liability of the employer to pay accident pay as provided in this clause.
AW791878 - 1999
16
22.6 In the event that the employee receives a lump sum in redemption of weekly payment
under the said Act, the liability of the employer to pay accident pay as herein provided
will cease from the date of such redemption.
23.
SUPERANNUATION
23.1 The subject of superannuation contributions is dealt with extensively by legislation
including the Superannuation Guarantee Charge Act 1992, the Superannuation Industry
(Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993.
This legislation, as varied from time to time, governs the superannuation rights and
obligations of the parties.
23.1.1
Notwithstanding 23.1, the following provisions will also apply.
23.1.1(a)
An approved fund will mean one of the following funds:
23.1.1(a)(i)
Nationwide Superannuation Fund: or
23.1.1(a)(ii)
an alternative superannuation scheme approved in accordance
with the Commonwealth Occupational Superannuation Funds
Legislation. Provided that an employer will not be required to
contribute to more than one fund.
23.2 Contributions
The employer must, in accordance with the governing rules of the fund, make such
superannuation contributions for the benefit of an employee as will avoid the company
being required to pay superannuation guarantee charge under the superannuation
legislation with respect to that employee. For the purposes of the legislation, an
employee’s ordinary time earnings are intended to provide that employee’s notional
earnings base.
23.2.1
Ordinary time earnings means the award classification rate, overaward
payments and casual loading for casual employees.
PART 6 - HOURS OF WORK AND OVERTIME
24.
HOURS OF WORK
24.1 Day work
[24.1 substituted by PR958133 ppc 26May05]
The ordinary hours of work will not exceed 38 per week to be worked in daily periods
of 7.6 hours continuously, except for meal breaks, on Monday to Friday inclusive.
24.2 Transfers between shifts
A day worker may be required by an employer to transfer to shift work and a shift
worker may be required to transfer to day work and thereafter to observe those
respective classes of work, provided that the change from one class of work to another
will not be made without the payment of overtime rates unless the employee has had ten
hours off duty between the time of ceasing and commencing duty.
AW791878 - 1999
17-1
24.3 Shift work
[24.3 varied by PR958133 ppc 26May05]
24.3.1
The ordinary hours of work will not exceed an average of 38 per week spread over
a period of two, three or four weeks, to be worked in shifts of eight consecutive
hours inclusive of 30 minutes crib break which will be counted as time worked.
24.3.2
Shifts may be worked:
24.3.2(a)
Midnight to 8.00 am
(morning Tour)
24.3.2(b)
8.00 am to 4.00 pm
(daylight Tour)
24.3.2(c)
4.00 pm to Midnight
(evening tour)
Night shift
Day shift
Afternoon shift
24.4 Employee not attending for duty
Any employee not attending for duty will, except as provided in clauses 27, 28, and 31
of this award, lose pay for actual time of such non-attendance.
24.5 Special provisions for isolated areas
[24.5 substituted by PR958133 ppc 26May05]
24.5.1
In isolated areas work may be carried out over consecutively recurring cycles,
consisting of a specified number of consecutive working days followed by a
specified number of consecutive non-working days.
24.5.2
In lieu of the provisions of clauses 24.1, 24.2 and 24.3 the following will apply:
24.5.2(a)
The total ordinary hours of work during a cycle will not exceed 38 hours
multiplied by the number of weeks in the cycle.
24.5.2(b)
The number of ordinary hours worked in a day without the payment of
overtime may be agreed upon by the employer and the employee concerned
provided that the number of days in a cycle on which ordinary time may be
worked shall not exceed five days multiplied by the number of weeks in the
cycle.
24.5.2(c)
The number of ordinary hours to be worked in a day as arranged by the
employer and employee concerned shall be the regular rostered hours of the
day and except as provided in clauses 24.5.2(d) and 24.5.2(e) hereof,
overtime shall be paid for any time in excess of the regular rostered hours of
the day.
AW791878 - 1999
18-1
24.5.2(d)
Where Saturdays are worked in the cycle the regular rostered hours shall be
paid for at time and a half and time in excess of the regularly rostered hours
shall be paid for at double time.
24.5.2(e)
Where Sundays are worked in the cycle the regularly rostered hours shall be
paid for at double time and time in excess of the regularly rostered hours
shall be paid for at double time.
24.6 At each work location the employer will establish a roster which will specify:
24.6.1
the crew change days; and
24.6.2
the starting and finishing times of each tour.
Once having been determined, the above will only be altered by agreement between the
employer and the majority of employees concerned.
24.7 An off-going employee will be paid four hours travelling time at the employee's
ordinary rate. An oncoming employee will be paid four hours travelling time at the
employee's ordinary rate, provided that the employee reports at the designated assembly
point at the time notified by the employer. An employee who does not so report will
only be paid from the time the employee reports at the designated assembly point.
Provided that where, under normal circumstances, travelling time is likely to exceed
four hours at a given location, the employee and the employer will agree on the amount
of travelling time to be paid in respect of travel between the designated assembly point
and the particular location. Such agreed travelling time should be payable only to the
extent that it is in excess of the four hours referred to above. Provided further that an
employee will not be paid more than 12 hours at the ordinary rate in respect of any one
journey.
24.8 If an employee is dismissed other than for serious misconduct, the employee will be
provided at dismissal with free transport from the rig to the designated assembly point.
Provided that if public transport is not available at that point, the employee will be
provided at dismissal with free transport to the nearest place to that point where public
transport is reasonably available. Where applicable, the provisions of clause 21.7 will
operate after the employee has been transported to the aforementioned designated
assembly point or other place.
25.
OVERTIME
25.1 All time worked in excess of or outside the ordinary hours of work prescribed by this
award will be paid for at the rate of double time.
25.2 Where an employee works so much overtime continuous with the completion of normal
hours on one day that the employee does not have at least ten consecutive hours off duty
between the work of successive days the employee will be paid at overtime rates until
the employee has ten consecutive hours off duty. Provided that the employee will be
paid for all ordinary time occurring during such ten hours off duty.
AW791878 - 1999
19-1
25.3 The provisions of this clause will apply in the case of shift workers and employees
working in accordance with clause 25.2 of this award as if eight hours were substituted
for ten hours when overtime is worked:
25.3.1
for the purpose of changing shifts; or
25.3.2
where a shift worker does not report for duty; or
25.3.3
where a shift is worked by arrangement between the employees themselves.
25.4 An employee recalled to work overtime will be paid for a minimum of three hours
work. Such work will not be regarded as overtime for the purpose of clause 25.2 hereof.
26.
STAND-BY
26.1 Stand-by will mean all time during which an employee:
26.1.1
agrees on a rostered day off; or
26.1.2
is required on a rostered work day to be available at the employee's home or such
other places as is mutually agreed between an employer and employee, in
readiness for an immediate call to work. Provided that an employee will not be
compelled to be available on stand-by on a rostered day off.
PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS
27.
ANNUAL LEAVE
27.1 An employee will be allowed annually, after twelve months continuous service, a period
of 28 consecutive days leave including non-working days.
27.2 In addition to the leave prescribed in 27.1 hereof, an employee who is regularly rostered
to work on any day of the week, will be allowed an additional seven consecutive days
leave. Provided that where an employee is so rostered for part of a year, the amount of
additional leave will be the same proportion of seven days as such part bears to a year.
27.3 The annual leave referred to in this clause will be exclusive of any public holidays
prescribed by this award, and for each holiday which falls within an employee's annual
leave, one day will be added to such leave.
27.4 Before going on annual leave, an employee to whom this clause applies, will be paid at
the employee's ordinary rate for each week of leave, plus the shift allowances and
weekend penalties payable had the employee remained at work during the relevant
period. Provided that an employee proceeding on annual leave and not in receipt of a
weekly equivalent to the ordinary wage rate plus 17-1/2 per cent will have the annual
leave pay increased to that amount while on annual leave.
AW791878 - 1999
20
27.5 In lieu of the payment specified in 27.1 hereof, an employee who in any qualifying
period for annual leave is regularly rostered to work twelve hour shifts will be paid at
the rate of twice the employee's ordinary wage for each week of leave.
27.6 Annual leave will be given and taken in a continuous period, not later than six months
after it accrues provided that if an employee and employer agree, annual leave may be
allowed and taken in not more than two separate periods.
27.7 The commencement of annual leave will be mutually agreed between the employer and
the employee or by the employer giving reasonable notice.
27.8 An employee whose services are terminated by an employer or who leaves their
employment during any qualifying period for annual leave will, in respect of the period
worked, be paid the cash equivalent of annual leave in the same proportion which the
period worked bears to a year. Such payment will be calculated in the same manner as
the payment prescribed in 27.4 hereof.
27.9 Where an employee with twelve months continuous service is employed for part of the
twelve monthly period on different work cycles or rosters the leave entitlements set out
in 27.1 and 27.2 hereof, will be calculated on a proportionate basis.
28.
PERSONAL LEAVE
The clause describes an employee's (other than a casual employee's) entitlement to personal
leave, that is sick leave, carer's leave and bereavement leave.
28.1 Amount of paid personal leave
28.1.1
Paid personal leave is available to an employee when they are absent:
28.1.1(a)
due to personal illness or injury (sick leave);
28.1.1(b)
for the purposes of caring for an immediate family or household member
who is sick and requires the employee's care and support (carer's leave);
28.1.1(c)
for bereavement on the death of an immediate family or household member
(bereavement leave).
28.1.2
The amount of personal leave to which an employee is entitled depends on how
long they have worked for the employer and accrues on the basis of 8 days sick
leave per employment year and 2 days (or 4 days when working in accordance
with clause 24.5) bereavement leave per employment year. Bereavement leave
does not accrue from year to year.
AW791878 - 1999
21
28.1.3
Accumulation of personal leave
Sick leave not taken in any year may be accumulated from year to year and taken
in subsequent years, in addition to whatever sick leave may have accumulated in
that year.
28.2 Definitions
28.2.1
The term immediate family includes:
28.2.1(a)
spouse (including a former spouse, a de facto spouse and a former de facto
spouse) of the employee. A de facto spouse means a person of the opposite
sex to the employee who lives with the employee as his or her husband or
wife on a bona fide domestic basis; and
28.2.1(b)
child or an adult child (including an adopted child, a step child or an exnuptial child), parent, grandparent, grandchild or sibling of the employee or
spouse of the employee.
28.2.2
Accumulated personal leave is personal leave accumulated under 28.1.2 and
28.1.3.
28.3
Sick leave
28.3.1
Entitlement
28.3.1(a)
The amount of personal leave an employee may take as sick leave depends
on how long they have worked for the employer and accrues on the basis of
8 days per employment year.
28.3.1(b)
Accumulated personal leave may be used for sick leave if the current sick
leave entitlement is exhausted.
28.3.2
The effect of workers' compensation
If an employee is receiving workers' compensation payments, they are not entitled
to sick leave.
28.3.3
Employee must give notice
The employee must, as soon as reasonably practicable and during the ordinary
hours of the first day or shift of such absence, inform the employer of their
inability to attend for duty and as far as practicable state the nature of the injury or
illness and the estimated duration of the absence.
AW791878 - 1999
22
28.3.4
Evidence supporting claim
The employee must, if requested by the employer, provide proof, that the
employee was unable to work because of injury or personal illness.
28.3.5
Single day absences
28.3.5(a)
An employee who has already had two paid sick leave absences in the year,
the duration of each absence being of one day only is not entitled to further
paid sick leave in that year of a duration of one day only, without production
to the employer of a certificate of a qualified medical practitioner which
states that the employee was unable to attend for duty on account of
personal illness or injury.
28.3.5(b)
An employer may agree to accept a Statutory Declaration in lieu of the
required medical certificate.
28.3.5(c)
Where an employee is absent from work on account of illness covered by
this clause for more than one day the employee will provide to the employer
a certificate from a qualified medical practitioner which states that the
employee was unable to attend for duty on account of personal illness or
injury.
28.4
Bereavement leave
28.4.1
Paid leave entitlement
28.4.1(a)
Death in Australia
A full-time employee is entitled to use up to 2 days personal leave as
bereavement leave on each occasion, and on production of satisfactory
evidence (if required by the employer), or the death in Australia of either a
member of the employee's immediate family or household.
28.4.1(b)
Death outside Australia
A full-time employee is entitled to use up to 2 days personal leave as
bereavement leave on each occasion, and on production of satisfactory
evidence (if required by the employer), of the death outside Australia of
either a member of the employee's immediate family or household, where
the employee travels outside Australia to attend the funeral.
28.5 Unpaid leave
Where an employee has exhausted all personal leave entitlements, including
accumulated leave entitlements, they are entitled to take unpaid bereavement leave. The
employer and the employee should agree on the length of the unpaid leave. In the
absence of agreement, a full-time employee is entitled to take up to 16 hours unpaid
leave, provided the requirements of 28.4.1 are met, and a part-time employee is entitled
to take up to two days unpaid leave, to a maximum of 16 hours, provided the
requirements of 28.4.1 are met.
AW791878 - 1999
23
28.6
Carer's leave
28.6.1
Paid leave entitlement
Where practicable in returning an employee from an isolated work-site, an
employee is entitled to use up to 40 hours personal leave each year to care for
members of their immediate family or household who are sick and require care
and support. This entitlement is subject to the employee being responsible for the
care and support of the person concerned. In normal circumstances an employee is
not entitled to take carer's leave where another person has taken leave to care for
the same person.
28.6.2
Notice required
28.6.2(a)
When taking carer's leave the employee must, as soon as reasonably
practicable and during the ordinary hours of the first day or shift of such
absence, inform the employer of their inability to attend for duty. If it is not
reasonably possible to inform the employer during the ordinary hours of the
first day or shift of such absence, the employee will inform the employer
within 24 hours of such absence.
AW791878 - 1999
24
28.6.2(b)
The notice must include:
28.6.2(b)(i)
the name of the person requiring care and support and their
relationship to the employee;
28.6.2(b)(ii)
the reasons for taking such leave; and
28.6.2(b)(iii)
the estimated length of absence.
28.6.2(c)
The employee must, if required, establish by production of a medical
certificate or statutory declaration, the illness of the person concerned and
that such illness requires care by another.
28.7 Unpaid carer's leave
An employee may take unpaid carer's leave by agreement with the employer.
29.
PARENTAL LEAVE
Subject to the terms of this clause employees other than casuals are entitled to maternity,
paternity and adoption leave and to work part-time in connection with the birth or adoption of
a child.
29.1 Definitions
For the purposes of this clause:
29.1.1
Child means a child of the employee under the age of one year except for
adoption of a child where child means a person under the age of five years who is
placed with the employee for the purposes of adoption, other than a child or stepchild of the employee or of the spouse of the employee or a child who had
previously lived continuously with the employee for a period of six months or
more.
29.2 Entitlement
29.2.1
After twelve months continuous service, parents are entitled to a combined total of
52 weeks unpaid parental leave on a shared basis in relation to the birth or
adoption of their child. For females, maternity leave may be taken and for males,
paternity leave may be taken. Adoption leave may be taken in the case of
adoption.
29.2.2
Parental leave is to be available to only one parent at a time, except that both
parents may simultaneously access the leave in the following circumstances:
29.2.2(a)
for maternity and paternity leave, an unbroken period of one week at the
time of the birth of the child;
29.2.2(b)
for adoption leave, an unbroken period of up to three weeks at the time of
the placement of the child.
AW791878 - 1999
25
29.3 Maternity leave
29.3.1
An employee must provide notice to the employer in advance of the expected date
of commencement of parental leave. The notice requirements are:
29.3.1(a)
of the expected date of birth (included in a certificate from a registered
medical practitioner stating that the employee is pregnant) - at least 10
weeks;
29.3.1(b)
of the date on which the employee proposes to commence maternity leave
and the period of leave to be taken - at least 4 weeks.
29.3.2
When the employee gives notice under 29.3.1(a) the employee must also provide
a statutory declaration stating particulars of any period of paternity leave sought
or taken by her spouse and that for the period of maternity leave she will not
engage in any conduct inconsistent with her contract of employment.
29.3.3
An employee will not be in breach of 29.3 if the failure to give the required notice
period is because of the birth occurring earlier than the presumed date.
29.3.4
Subject to 29.2.1 and unless agreed otherwise between the employer and
employee, an employee may commence parental leave at any time within six
weeks immediately prior to the expected date of the birth.
29.3.5
Where an employee continues to work within the six week period immediately
prior to the expected date of birth, or where the employee elects to return to work
within six weeks after the birth of the child, an employer may require the
employee to provide a medical certificate stating that she is fit to work on her
normal duties.
29.3.6
Where the pregnancy of an employee terminates after 28 weeks and the employee
has not commenced maternity leave, the employee may take unpaid special
maternity leave of such period as a registered medical practitioner certifies as
necessary, except that where an employee is suffering from an illness not related
to the direct consequences of the birth an employee may be entitled to paid sick
leave in lieu of, or in addition to, special maternity leave.
29.3.7
Where leave is granted under 29.3.4 during the period of leave an employee may
return to work at any time, as agreed between the employer and the employee
provided that time does not exceed four weeks from the re-commencement date
desired by the employee.
29.3.8
Where an employee is pregnant and, in the opinion of a registered medical
practitioner, illness or risks arising out of the pregnancy or hazards connected with
the work assigned to the employee make it inadvisable for the employee to
continue at her present work, the employee will, if the employer deems it
practicable, be transferred to a safe job at the rate and on the conditions attaching
to that job until the commencement of maternity leave.
29.3.8(a)
If the transfer to a safe job is not practicable, the employee may elect, or the
employer may require the employee, to commence parental leave.
AW791878 - 1999
26
29.4 Paternity leave
29.4.1
An employee will provide the employer at least ten weeks prior to each proposed
period of paternity leave, with:
29.4.1(a)
a certificate from a registered medical practitioner which names his spouse,
states that she is pregnant and the expected date of birth, or states the date
on which the birth took place; and
29.4.1(b)
written notification of the dates on which he proposes to start and finish the
period of paternity leave; and
29.4.1(c)
a statutory declaration stating:
29.4.1(c)(i)
he will take that period of paternity leave to become the primary
care-giver of a child;
29.4.1(c)(ii)
particulars of any period of maternity leave sought or taken by
his spouse; and
29.4.1(c)(iii)
that for the period of paternity leave he will not engage in any
conduct inconsistent with his contract of employment.
29.5 Adoption leave
29.5.1
The employee will notify the employer at least ten weeks in advance of the date of
commencement of adoption leave and the period of leave to be taken.
29.5.2
Before commencing adoption leave, an employee will provide the employer with
a statutory declaration stating:
29.5.2(a)
the employee is seeking adoption leave to become the primary care-giver of
the child;
29.5.2(b)
particulars of any period of adoption leave sought or taken by the
employee's spouse; and
29.5.2(c)
that for the period of adoption leave the employee will not engage in any
conduct inconsistent with their contract of employment.
29.5.3
An employer may require an employee to provide confirmation from the
appropriate government authority of the placement.
29.5.4
Where the placement of a child for adoption with an employee does not proceed
or continue, the employee will notify the employer immediately and the employer
will nominate a time not exceeding four weeks from receipt of notification for the
employee's return to work.
AW791878 - 1999
27
29.5.5
An employee will not be in breach of this clause as a consequence of failure to
give the stipulated periods of notice if such failure results from a requirement of
an adoption agency to accept earlier or later placement of a child, the death of a
spouse, or other compelling circumstances.
29.6 Variation of period of parental leave
Unless otherwise agreed between the employer and employee, an employee may apply
to their employer to change the period of parental leave on one occasion. Any such
change to be notified at least four weeks prior to the commencement of the changed
arrangements.
29.7 Parental leave and other entitlements
An employee may in lieu of or in conjunction with parental leave, access other paid
leave entitlements which they have accrued, such as annual leave or long service leave,
subject to the total amount of leave not exceeding 52 weeks.
29.8 Returning to work after a period of parental leave
29.8.1
An employee will notify of their intention to return to work after a period of
parental leave at least four weeks prior to the expiration of the leave.
29.8.2
An employee will be entitled to the position which they held immediately before
proceeding on parental leave. In the case of an employee transferred to a safe job
pursuant to 29.3.8 the employee will be entitled to return to the position they held
immediately before to such transfer.
29.8.3
Where such position no longer exists but there are other positions available which
the employee is qualified for and is capable of performing, the employee will be
entitled to a position as nearly comparable in status and pay to that of their former
position.
29.9 Replacement employees
29.9.1
A replacement employee is an employee specifically engaged, part-time or fulltime, or temporarily promoted or transferred, as a result of an employee
proceeding on parental leave.
29.9.2
Before an employer engages a replacement employee the employer will inform
that person of the temporary nature of the employment and of the rights of the
employee who is being replaced.
30.
JURY SERVICE
An employee required to attend for jury service during his rostered working hours will be
reimbursed by the employer an amount equal to the difference between the amount paid in
respect to his attendance for such jury service and the amount of wage he would have
received in respect of the ordinary time he would have worked had he not been on jury
service. An employee will notify his employer as soon as possible of the date upon which he
is required to attend for jury service. Further, the employee will give his employer proof of
this attendance, the duration of such attendance and details of the amount received in respect
of such jury service.
AW791878 - 1999
28
31.
PUBLIC HOLIDAYS
31.1 An employee will be entitled to the following public holidays without loss of pay:
31.1.1
Victoria
New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday,
Anzac Day, Sovereign's Birthday, Labour Day, Melbourne Cup Day, Christmas
Day and Boxing Day.
31.1.2
South Australia
New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday,
Anzac Day, the third Monday in May, Sovereign's Birthday, Labour Day,
Christmas Day and Proclamation Day.
31.1.3
Western Australia
New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day,
Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing
Day.
31.1.4
Queensland
New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday,
Labour Day, Anzac Day, Sovereign's Birthday, Christmas Day, Boxing Day and
Local Show Day.
31.1.5
All other States
New Year's Day, Australia Day, Good Friday, Territories Easter Saturday, Easter
Monday, Anzac Day, Sovereign's Birthday, Labour Day, Christmas Day and
Boxing Day.
31.2 Where Christmas Day, Boxing Day or New Year's Day fall on a Saturday or Sunday,
such holidays will be observed on the next succeeding working day or days, which will
be deemed a holiday in lieu of the days named.
31.3 If any other day is generally observed in the locality as a substitute for any of the
abovementioned holidays, such day will be deemed a holiday for the purposes of this
award.
31.4 Where, consequent upon a visit to Australia by her Majesty the Queen or any other
member of the Royal family, a public holiday is proclaimed by the Commonwealth or a
State Government, such day will within the defined locality be deemed to be a holiday
for the purpose of this award.
31.5 By agreement between the employer and a majority of his employees at a particular
work site, other days may be substituted for the said holidays or any of them.
AW791878 - 1999
29
31.6 Where an employee is absent from his employment on the working day before or the
working day after a public holiday without reasonable excuse or without the consent of
the employer, the employee will not be entitled to payment for such holiday or holidays.
31.7 For all work performed on a public holiday an employee will, in addition to the rate the
employee is already receiving for work on that day, be paid an extra amount at the rate
of time and a half for work done on that day, provided that work will not be paid for at a
rate in excess of triple time.
31.8 In addition to the amount for travelling under clause 24.7 of this award, an employee
will be paid for an extra two hours at ordinary rates when the employee travels on a
public holiday.
[31.9 varied by PR958133 ppc 26May05]
31.9 A shift worker or an employee working under clause 24.5 of this award whose rostered
day off falls on a public holiday will, if not required to work, receive 7.6 hours pay at
the employee's ordinary rate in addition to the employee's weekly wage.
AW791878 - 1999
30
SCHEDULE OF RESPONDENTS
Poon Bros. Pty. Ltd., Box W2100, GPO, Perth WA 6001
O.D. &. E. Pty. Ltd., 15 Westport Road, Elizabeth West SA 5113
Nationwide Holdings Pty. Ltd., 8 Cavill Avenue, Ashfield NSW 2131
Oil Drilling & Exploration Ltd., 74 Castlereagh Street, Sydney NSW 2000
W.L. Sides & Son Pty. Ltd., Wellington Road, Clayton VIC 3168
International Chandlers Inc., 95 St. George's Terrace, Perth WA 6000
Lombardo Marine Group Pty. Ltd., PO Box 701, Fremantle WA 6160
S.H.R.M. (Australia) Pty. Ltd., GPO Box 2641, Sydney NSW 2001
Century Energy Limited, 49 Campbell Avenue, Wacol QLD 4076
Drillcorp Limited, 41 Buckingham Drive, Wangara WA 6065
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ROPING-IN AWARD NO. 1 OF 2004
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ROPING-IN AWARDS
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[Roping-in award No.1 of 2004 inserted by PR946050 ppc 28Apr04]
1.
TITLE
This award shall be known as the Oil Drilling Rig Workers’ AWU (Onshore) (Roping
in No.1) Award 2004.
2.
PARTIES BOUND
2.1
This award will be binding upon:
The Australian Workers’ Union; and
WKGP Pty Ltd t/as Oil Industry Catering Services in respect of their employees
whether members of the union or not.
3.
APPLICATION
Subject to that which is otherwise provided for in this award, the provisions of the Oil
Drilling Rig Workers’ AWU (Onshore) Award 1999, as varied from time to time, shall apply.
5.
OPERATIVE DATE
This award shall operate from the first pay period on or after 28 April 2004 and shall remain
in force for a period of six months.
AW791878 - 1999
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ROPING-IN AWARD NO. 1 OF 2005
[Roping-in award No.1 of 2005 inserted by PR966887 ppc 20Dec05]
1.
TITLE
This award shall be known as the Oil Drilling Rig Workers’ AWU (Onshore) Roping-in No. 1
Award 2005.
2.
PARTIES BOUND
This award shall be binding upon:
(a)
(b)
The Australian Workers' Union, its officers and members; and
The employers listed in Schedule ‘A’.
3.
APPLICATION
The provisions of the Oil Drilling Rig Workers AWU (Onshore) Award 1999, as varied from
time to time, shall apply to the employer and to the employees of the parties listed in Schedule
‘A’ who are members of, or eligible to be members of The Australian Workers’ Union.
4.
SAVINGS PROVISION
No employee shall, as a result of the making of this award, suffer any loss of existing wages
or other benefits to which the employee was entitled prior to the date of the coming into
operation of this award.
5.
OPERATION
This award shall come into force on and from the first pay period commencing on or after 20
December 2005 and shall remain in force for a period of six months.
Schedule ‘A’
Eastern Well Service Pty
Ltd
Level 1
172 Hume Street
TOOWOOMBA QLD 4350
O.G.C. Services Pty Ltd
Level 1
172 Hume Street
TOOWOOMBA QLD 4350
Victoria Petroleum
PO Box Z5441
St. Georges Terrace
PERTH
WA
6831
** end of text **
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