1 Fair Work Act 2009 s.156 - 4 yearly review of modern awards 4 yearly review of modern awards – Seagoing Industry Award 2020 (AM2016/5) VICE PRESIDENT HATCHER DEPUTY PRESIDENT ASBURY COMMISSIONER CAMBRIDGE SYDNEY, 6 NOVEMBER 2020 4 yearly review of modern awards – Seagoing Industry Award 2010 – changes to classifications. [1] In our decision issued on 24 March 20201, we finalised a long-running issue concerning the interaction of the coverage provisions of the Seagoing Industry Award 2010 (Seagoing Award), the Ports, Harbours and Enclosed Water Vessels Award 2010 and the Marine Towage Award 2010. [2] We have received correspondence from the Australian Institute of Marine & Power Engineers (AIMPE) in respect of the issue of the Electro Technical Officers and Electricians classifications for every vessel category in the Seagoing Award. The AIMPE notes that these matters were resolved by the parties at a conference before the Commissioner on 29 November 2016 and seeks that the consensus position be incorporated into the Seagoing Award. [3] The Seagoing Industry Award 2020 has now been published and commenced on 18 June 2020. Attached to this decision is a draft determination for the variation of the 2020 Award reflecting the consensus position of the parties. Interested parties are invited to file submissions concerning the form of the variation within 14 days. VICE PRESIDENT Printed by authority of the Commonwealth Government Printer <PR724350> 1 [2020] FWCFB 1450 [2020] FWCFB 5968 DECISION 2 Fair Work Act 2009 s.156—4 yearly review of modern awards 4 yearly review of modern awards (AM2016/5) SEAGOING INDUSTRY AWARD 2020 [MA000122] Maritime industry VICE PRESIDENT HATCHER DEPUTY PRESIDENT ASBURY COMMISSIONER CAMBRIDGE SYDNEY, XX MONTH 2020 4 yearly review of modern awards – Seagoing Industry Award 2010 – changes to classifications. A. Further to the Full Bench decision issued by the Fair Work Commission on 24 February 2017 [[2017] FWCFB 1138], the above award is varied as follows: 1. By inserting the following definition in clause 2.2 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 2. By inserting the words “/Electro-technical officer” after the words “Second mate/Second engineer” in the table in clause 14.1(a). 3. By inserting the word “/Electrician” after the words “Third mate/Third engineer” in the table in clause 14.1(a). 4. By inserting the words “/Electro-technical officer” after the words “Second mate/Second engineer” in the table in clause 14.1(b). 5. By inserting the word “/Electrician” after the words “Third mate/Third engineer” in the table in clause 14.1(b). 6. By inserting the words “/Electro-technical officer” after the words “Second mate/Second engineer” in the table in clause 14.1(c). MA000122 PRXXXXXX DRAFT DETERMINATION 3 7. By inserting the word “/Electrician” after the words “Third mate/Third engineer” in the table in clause 14.1(c). 8. By inserting the words “/Electro-technical officer” after the words “Second mate/Second engineer” in the table in clause 14.1(d). 9. By inserting the word “/Electrician” after the words “Third mate/Third engineer” in the table in clause 14.1(d). 10. By inserting the words “/Electro-technical officer” after the words “Second mate/Second engineer” in the table in clause 14.1(e). 11. By inserting the word “Electrician” after the words “/Third mate/Third engineer” in the table in clause 14.1(e). 12. By inserting the words “/Electro-technical officer” after the words “Second mate/Second engineer” in the table in clause 14.1(f). 13. By inserting the word “/Electrician” after the words “/Third mate/Third engineer” in the table in clause 14.1(f). 14. By inserting the words “/Electro-technical officer” after the words “Second mate/Second engineer/Electrical engineer” in the table in clause 14.1(g). 15. By inserting the word “/Electrician” after the words “Third mate/Third engineer” in the table in clause 14.1(g). B. This determination comes into operation from XX MONTH 2020. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect in relation to a particular employee until the start of the employee’s first full pay period that starts on or after XX MONTH 2020. VICE PRESIDENT Printed by authority of the Commonwealth Government Printer