WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. No. 650 of 1986. Between Seamen's Union of Australia, West Australian Branch, Applicant and Ball and Son Pty Ltd and Others, Respondents. Order. HAVING heard Mr W.T. Plummer on behalf of the applicant and Mr D.M. Jones on behalf of the Confed- eration of Western Australian Industry (Incorporated) (intervening), the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders: That the "Deckhands (Passenger Ferries, Launches and Barges)" Award No. 15 of 1972 as varied, be further varied and consolidated in accordance with the following schedule and that such variation shall have effect as from the beginning of the first pay period commencing on or after the 19th day of June 1987. Dated at Perth this 19th day of June 1987. (Sgd.) G.J. MARTIN, [L.S.] Commissioner. Schedule. 1.—Title. This award shall be known as the "Deckhands (Passenger Ferries, Launches and Barges) Award" and shall replace Award No. 6 of 1969, as amended. 2.—Arrangement. 1. Title. 2. Arrangement. 3. Area and Scope. 4. Rates of Pay. 5. Hours of Duty. 6. Overtime. 7. Annual Leave. 8. Holidays. 9. Wet Work. 10. Payment of Wages. 11. Meal Hours. 12. Casual Employees. 13. Rest Periods. 14. Contract of Service. 15. Sick Leave. 16. Protective Clothing. 17. Uniforms. 18. Long Service Leave. 19. Term. 20. Compassionate Leave. 21. No Reduction. Schedule of Respondents. 3.—Area and Scope. This award shall apply to deckhands employed on or about passenger ferries, launches, barges or other vessels operated by the Respondents in the ports of Fremantle and Perth. 4.—Rates of Pay. The following shall be the minimum rates of wages payable to employees covered by this award. (1) Adult Deckhands $363.70 (2) Junior Employees (per cent of wage for an Adult Deckhand) Under 16 years of age 45% 16 to 17 years of age 55% 17 to 18 years of age 65 % 18 to 19 years of age 75% 19 to 20 years of age 85 % 20 to 21 years of age 100% (3) An employee called upon to work at loading or unloading garbage and/or ashes or other like material shall be paid 43 cents per hour in addition to his rate prescribed herein. (4) A junior employee called to work on slipways, cleaning, scraping, painting or overhauling launches, barges, punts or any other floating plant shall be paid the appropriate rate set out in subclause (2) of this clause, plus a margin of 48 cents per hour. (5) An employee required to work in the bilges shall be paid 70 cents per hour in addition to the rates prescribed herein. 5.—Hours of Duty. (1) 38 hours shall constitute a week's work. (2) The ordinary hours of work shall be worked between 7.00 a.m. and 5.00 p.m. Monday to Friday inclusive. Provided that employees may be worked in one of the following methods: 38 hours in one week 76 hours in two consecutive weeks 114 hours in three consecutive weeks or 152 hours in four consecutive weeks Provided further that employees may be worked their ordinary hours on one of the following bases at the employer's election — not more than 19 days in each four week cycle — not more than four hours work on one day in each two week cycle — not more than six hours work on one day in each week — not more than 7.6 hours work on any day (3) The employer may require any employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirement. 6.—Overtime. (1) (a) Overtime shall mean and include all time worked in excess or outside of the usual hours and unless otherwise provided by this clause shall be paid for at the rate of time and one half for the first two hours and double time thereafter. (b) Subject to the provisions of subclauses (3) and (4) of this clause all work performed between 12 midnight and 6.00 a.m. shall be paid for at double time rates. (2) Any employee required to work on a Saturday shall be paid at the rate of time and one half for the first two hours and double time thereafter. Providing that all time worked after 12 noon shall be paid at double time; and providing further, there is a minimum payment as for four hours. (3) All time worked on a Sunday shall be paid for at the rate of double time and a half with a minimum payment as for four hours. (4) All time worked on a holiday prescribed in Clause 8 —Holidays of this award shall be paid for at the rate of double time and a half with a minimum payment as for four hours. (5) Broken time will be counted to the next half hour. 67 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 1173 (6) When an employee is required to return to work after leaving the job (and so returns) or is required to report for work (and so reports) on a holiday or on a day other than an ordinary working day — (a) he shall be paid for at least four hours at the appropriate rate for each such occasion, but not more than once in respect of any period of time; (b) a period of one hour for travelling time shall be counted as time worked; and (c) except in the case of unforeseen circumstances arising he shall not be required to work the full four hours if the job he was to perform is completed within a shorter period. Provided that the provisions of this subclause do not apply — (i) where overtime is worked in a consecu- tive extension of ordinary hours of duty; or (ii) to any two or more periods of work separated only by a meal break if in the aggregate the time worked is for three hours or more; (iii) to any ferry service which is regularly scheduled for a stated time. In such circumstance, a minimum period of employment of two hours shall apply. (7) (a) No worker shall be required to be continuously on duty for more than 18 hours. (b) Continuous duty for the purpose of this subclause is not broken by — (i) Meal time breaks. (ii) Breaks given at any time after 12 noon of not more than six hours which include a meal break. (c) Where an employee has been continuously on duty for 18 hours he shall not be required for further duty until he has had, for the purpose of rest, a period of eight consecutive hours exclusive of meal breaks, off duty. If, however, he is on duty during such rest period he shall be paid at the rate of double time for the period of duty in addition to any other payment then due to him. (d) An employee (upon being required to continue on duty beyond 18 hours) shall not be required to continue on duty at a lesser rate than that which the employee was already being paid. (8) An employee required to work overtime beyond 6.00 p.m. shall be supplied with a meal by the employer or be paid $2.50 for a meal. 7.—Annual Leave. (1) (a) Except as hereinafter provided, a period of four consecutive weeks' leave with payment of ordinary wages together with a loading of MZi per cent of his wages as prescribed in Clause 4.—Wages of this award shall be allowed to an employee by the employer after a period of 12 months' continuous service with such employer. (b) An employee's annual leave is to be taken within six months of falling due. (2) If any award holiday falls within an employee's period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day, there shall be added to that period one day being an ordinary working day for each such holiday observed as aforesaid. (3) An employee may be rostered off and granted annual leave with payment of ordinary wages as pre- scribed prior to the completion of 12 months' continuous service, in which case, should the services of such employee terminate or be terminated prior to the completion of 12 months' continuous service, the said employee shall refund to the employer the difference between the amount received by him for wages in respect of the period of his annual leave and the amount which would have accrued to him by reason of the termination of his services. (4) (a) Subject to paragraph (b) of this clause, when computing the annual leave due under this clause, no deduction shall be made from such leave in respect of the period that an employee is on annual leave and/or holidays: Provided that no deduction shall be made for any approved period an employee is absent from duty through sickness, with or without pay, unless the absence exceeds three calendar months, in which case deduction may be made for such excess only. (b) Approved periods of absence from work caused through accident sustained in the course of employment shall be not considered breaks in continuity of service, but the first six months only of such period shall count as service for the purpose of computing annual leave. (5) In the event of an employee being employed by an employer for portion only of a year, he shall only be entitled to such leave on full pay as is proportionate to his length of service during that period with such employer. (6) Any employee who may resign or be dismissed from the service for any cause, other than for peculation or theft, shall be entitled to receive payment for any annual leave which may have been due up to the time of leaving the service: Provided always that if the employee has been dismissed for peculation or theft no claim for annual leave shall be recognised. Misconduct herein referred to shall not affect accumulated annual leave or payment therefor. (7) When work is closed down for the purpose of allowing annual leave to be taken, employees with less than a full year's service shall only be entitled to payment during such period for the number of days leave due to them: Provided that nothing herein contained shall deprive the employer of his right to retain such employees at work during the close-down period as may be required. (8) "Ordinary wages" for the purposes of subclause (1) of this clause shall mean the rate of wage the employee has received for the greatest proportion of the calendar month prior to him taking the leave. (9) The leave provided by this clause shall be taken in such periods as agreed between the employer and the employee provided that no period of leave shall be less than one week. (10) The provision of this clause shall not apply to casual employees. 8.—Holidays. (1) Except as hereinafter provided, each of the follow- ing days, or the days observed in lieu thereof, shall be allowed as a holiday to all employees and be paid for, namely: New Year's Day, Australia Day (26 January), Good Friday, Easter Saturday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Queen's Birthday, Christmas Day and Boxing Day. Provided that in lieu of Queen's Birthday, Union Picnic Day may be allowed and paid for as a holiday under this award. (2) Whenever one of the holidays specified in sub- clause (1) of this clause falls on an employee's ordinary working day, and the employee is not required to work on that day, he shall be paid for the ordinary hours he would have worked on that day if it had not been a holiday. (3) Payment for holidays shall be in accordance with the usual hours of work. (4) Payment shall not be made for any holiday which occurs whilst an employee is off duty owing to leave without pay, or sickness, including accidents off duty, excepting time for which he is entitled to sick pay. (5) When an employee is on duty or available for duty on the whole of the working day immediately preceding a holiday or resumes duty or is available for duty on the whole of the working day immediately following a holiday prescribed in subclause (1) of this clause he shall be paid for such holiday. L74 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 67 W.A.I.G. (6) Subject to the provisions of subclause (8) of this clause, a casual employee shall not be entitled to payment for any holiday referred to in this clause. (7) The union shall give the employer not less than 14 days' notice in writing of the date on which it is intended to hold the union picnic. (8) For all work done by a casual employee on any holiday referred to in this clause, IVz times ordinary basic time rate shall be paid. 9.—Wet Work. (1) Any employee working in water or "wet places" shall be paid an extra allowance of 21 cents per hour. (2) "Wet places" shall mean places where, in the performance of the work, the splashing of water or mud saturates the employee's clothing, or where protection is not provided to prevent splashing or drippings sufficient to saturate his clothing, and shall include wet material or wet ground in which it is impracticable for the employee wearing ordinary working boots to work without getting wet feet. Provided this clause shall not apply to employees working on natural surface made wet by rain. 10.—Payment of Wages. (1) Employees shall be paid weekly. (2) An employee whose employment is terminated shall be paid within four office hours from the time of the termination of employment. If this period is exceeded, he shall be paid at ordinary rates from the time of the termination of employment until he is paid. (3) When an employee leaves his employment before the usual pay day he shall, on giving notice of his intention to leave, be paid his full wages on the day he leaves. 11.—Meal Hours. (1) The recognised meal hours shall be — (a) Breakfast — Any consecutive 60 minutes between 0700 hours and 0900 hours: Provided that no breakfast hour will be observed where workers commence work at 0600 hours or later. (b) Lunch — Any consecutive 30 minutes between 1200 hours and 1300 hours. (c) Tea — Any consecutive 60 minutes between 1700 hours and 1900 hours. (2) Any employee who cannot be released for the appropriate meal time within the times specified in subclause (1) of this clause shall be paid ordinary rate additional to any ordinary or overtime rate being paid for that day until such time as the employee has been knocked off for a meal. (3) For the purpose of this clause the time when a vessel is under way shall be counted as time actually worked. 12.—Casual Employees. A casual employee is one for whom work over a period of 14 consecutive days (not including holidays) is not provided by the employer. Such an employee shall be entitled to 20 per cent over the ordinary wage for the work performed by him. 13.—Rest Periods. A rest period of 15 minutes from the time of ceasing to the time of resumption of work shall be allowed each morning and each afternoon. These intervals shall be counted as time off duty without deduction of pay and shah be arranged at a time and in a manner to suit the convenience of the employer. Refreshments may be taken by employees during each interval. 14.—Contract of Service. (1) Except in the case of a casual employee, whose engagement shall be by the hour, the contract of service of every employee shall be a weekly one terminable on either side by one week's notice given on any day or by payment on any day of one week's wages in lieu of such notice. (2) Any employee not attending for duty shall lose his pay for the actual time of such non-attendance subject to the provisions of Clause 15.—Sick Leave of this award, or such absence is on account of holidays to which the employee is entitled under the provisions of this award. (3) This clause does not affect the right to dismiss for misconduct in which case wages shall be paid up to the time of dismissal only. 15.—Sick Leave. (1) An employee shall be entitled to payment for non- attendance on the ground of personal ill-health at the rate of one-third of a week's pay for each completed month of service: Provided that subject to subclause (7) of this clause, payment for absence through such ill- health shall be limited to one month's pay in each calendar year. (2) Payment hereunder may be adjusted at the end of each calendar year or at the time the employee leaves the service of the employer, in the event of the employee being entitled by service subsequent to the sickness to a greater allowance than that made at the time the sickness occurred. (3) This clause shall not apply when the employee is entitled to compensation under the "Workers' Compen- sation and Assistance Act". (4) An employee shall not be entitled to receive any wages from his employer for any time lost through any accident not arising out of or in the course of his employ- ment or for any accident wherever sustained arising out of his own wilful default or for sickness arising out of his own wilful default. (5) No employee shall be entitled to the benefits of this clause unless he produces proof satisfactory to his employer of sickness, but the employer shall not be entitled to a medical certificate unless the absence is for three days or more. (6) Notwithstanding the provisions of subclause (5) of this clause, an employee who, in any calendar year, has already been allowed paid sick leave on one occasion for one day only, or less, shall not be entitled to payment for any further absence unless he produces to the employer a medical certificate stating that he was unable to attend for duty on account of personal ill health. (7) Sick leave shall accumulate from year to year so that any balance of the period specified in subclause (1) of this clause up to a maximum of two weeks which has in any year not been allowed to any employee by his employer as paid sick leave may be claimed by the employee and, subject to the conditions hereinbefore prescribed, shall be allowed by his employer in any subsequent year without diminution of the sick leave pre- scribed in respect of that year. Provided that sick leave which pursuant to the subclause shall be available to the employee for a period of five years but no longer from the end of the year in which it accrues. 16.—Protective Clothing. On request an employee shall be supplied by the employer with an oilskin, "south wester", sea boots, overalls and gloves for his own use when it is reasonably necessary to wear such protective clothing. 17.—Uniforms. When considered necessary by the employer each employee shall be provided with a cap, cap covers and a suit. 18.—Long Service Leave. The Long Service Leave provisions published in Volume 66 of the Western Australian Industrial Gazette at pages one to four both inclusive are hereby incorporated in and shall be deemed to be part of this award. 67 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 1175 19.—Term. The term of this award shall be for a period of 12 months from the date hereof. (This award was issued on the 14th day of November 1972.) 20.—Compassionate Leave. (1) An employee shall, on the death within Australia of a wife, husband, father, mother, brother, sister, child or stepchild, be entitled on notice of leave up to and including the day of the funeral of such relation and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in two ordinary working days. Proof of such death to be furnished by the employee to the satisfaction of his employer. (2) Payment in respect of compassionate leave is to be made only where the employee otherwise would have been on duty and shall not be granted in any case where the employee concerned would have been off duty in accordance with any shift roster, or on long service leave, annual leave, sick leave, workers' compensation, leave without pay or on a public holiday. (3) For the purposes of this clause the words "wife" and "husband" shall include a person who lives with the employee as a de facto wife or husband. 21.—No Reduction. The provisions of this award shall not have the effect of reducing the rates of wages or any condition of employment of employees employed in the calling and in the industries to which this award relates who are employed by Ball and Son Pty Ltd and Elder Prince Marine Services Pty Ltd in the Port of Fremantle. Schedule of Respondents. Ball and Son Pty Ltd Elder Prince Marine Services Pty Ltd Rottnest Islander Ferries Rottnest Passenger Service (Katameraire) Pty Ltd Trident Travel Service Marine Charters (Aust) Pty Ltd ELECTORATE OFFICERS. Award 1986. BEFORE THE