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

4 Yearly Review of Modern Awards—Seagoing Industry Award 2010, Ports, Harbours and Enclosed Water Vessels Award 2010, Marine Towage Award 2010
(AM2016/5)

4 yearly review of modern awards – Seagoing Industry Award 2010, Ports, Harbours and Enclosed Water Vessels Award 2010, Marine Towage Award 2010 – Coverage of Award.

[1] In a decision issued on 30 April 2019, 1 we indicated that we would proceed to finalise the implementation of the Full Bench decision of 24 February 20172 concerning the interaction of the coverage provisions of the Seagoing Industry Award 2010, the Ports, Harbours and Enclosed Water Vessels Award 2010 and the Marine Towage Award 2010. The approach that was preferred by the Full Bench in that decision was as follows:

“…it is appropriate that an employer that conducts various types of maritime activities be covered by the award that is relevant to each of those maritime activities. If an employer conducts different types of operations, then different award safety nets should apply to each of those different operations.” 3

[2] We have provisionally determined that the coverage provisions of each award should be varied as set out in the draft determinations attached to this statement to give effect to this approach. Interested parties are invited to file written submissions concerning the draft determinations within 21 days from the date of this statement. All such submissions and evidence shall be sent to amod@fwc.gov.au.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR711249>

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

4 yearly review of modern awards
(AM2016/5)

SEAGOING INDUSTRY AWARD 2010
[MA000122]

Port authorities

4 yearly review of modern awards – Seagoing Industry Award 2010 – Coverage of Award.

A. Further to the Full Bench Statement [[2019] FWCFB 5596] issued on 13 August 2019, the above award is varied as follows:

1. By deleting clause 4 in its entirety and inserting the following:

4. Coverage

4.1 This industry award covers employers in respect of their operations in the seagoing industry and their employees in the classifications listed in clause 13 and clause 25—Classifications and minimum wage rates to the exclusion of any modern award.

4.2 For the purpose of clause 4.1, seagoing industry means the operation of 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).

4.3 This award covers any employer which supplies labour on an on-hire basis in the industry set out in clause 4.1 in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. This subclause operates subject to the exclusions from coverage in this award.

4.4  This award covers employers which provide group training services for trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. This subclause operates subject to the exclusions from coverage in this award.

4.5 Exclusions

This award does not cover:

(a)  employees who are covered by a modern enterprise award, or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees;

(b)  employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees;

(c)  an employee excluded from award coverage by the Act;

(d) employers covered by the following awards:

(i) the Coal Export Terminals Award 2010;

(ii) the Dredging Industry Award 2010;

(iii) the Maritime Offshore Oil and Gas Award 2010;

(iv) the Port Authorities Award 2010;

(v) the Stevedoring Industry Award 2010;

(e) employers in respect of their operations covered by the following awards:

(i) the Marine Towage Award 2010;

(ii) the Ports, Harbours and Enclosed Water Vessels Award 2010;; or

(f)  maintenance contractors covered by the Manufacturing and Associated Industries and Occupations Award 2010.

4.6 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.

2. By updating cross-references accordingly.

B. This determination comes into operation from XX Month 2019. 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 2019.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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]

Port authorities

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

A. Further to the Full Bench Statement [[2019] FWCFB 5596] issued on 13 August 2019, the above award is varied as follows:

1. By deleting clause 4.1 and inserting the following:

4.1 This award covers employers throughout Australia in respect of their operations in the ports, harbours and enclosed water vessels industry and their employees in the classifications listed in clause 13 to the exclusion of any other modern award.

2. By renumbering clauses 4.2 to 4.9 as clauses 4.5 to 4.12.

3. By inserting new clauses 4.2, 4.3 and 4.4 as follows:

4.2 For the purpose of clause 4.1, ports, harbours and enclosed water vessels industry means the operation of vessels of any type wholly or substantially within a port, harbour or other body of water within the Australian coastline or at sea on activities not covered by the awards listed in clauses 4.3 and 4.4.

4.3 This award does not cover employers or employees wholly or substantially covered by the following awards:

(a) the Dredging Industry Award 2010;

(b) the Marine Tourism and Charter Vessels Award 2010;

(c) the Maritime Offshore Oil and Gas Award 2010;

(d) the Port Authorities Award 2010; or

(e) the Stevedoring Industry Award 2010.

4.4 This award does not cover employers in respect of their operations covered by the following awards:

(a) the Marine Towage Award 2010; or

(b) the Seagoing Industry Award 2010.

4. By updating cross-references accordingly.

B. This determination comes into operation from XX Month 2019. 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 2019.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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

4 yearly review of modern awards
(AM2016/5)

MARINE TOWAGE 2010
[MA000050]

Port authorities

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

A. Further to the Full Bench Statement [[2019] FWCFB 5596] issued on 13 August 2019, the above award is varied as follows:

1. By deleting clause 4.1 and inserting the following:

4.1 This industry award covers employers throughout Australia in respect of their operations in the marine towage industry and their employees in the classifications listed in clause 13.1 to the exclusion of any other modern award.

2. By renumbering clauses 4.4-4.8 as 4.6-4.10, clause 4.2 as 4.5 and clause 4.3 as 4.2.

3. By inserting new clauses 4.3 and 4.4 as follows:

4.3 This award does not cover employers and employees wholly or substantially covered by the following awards:

(a) the Dredging Industry Award 2010; or

(b) the Maritime Offshore Oil and Gas Award 2010.

4.4 This award does not cover employers in respect of their operations covered by the Ports, Harbours and Enclosed Water Vessels Award 2010.

4. By updating cross-references accordingly.

B. This determination comes into operation from XX Month 2019. 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 2019.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

 1   [2019] FWCFB 2910.

 2   [2017] FWCFB 1138.

 3   Ibid at [19], [33].