Toll Marine Logistics AMOU and MUA Agreement 2014

_________________________________________________________________________________

Filed on behalf of The Maritime Union of Australia, Intervenor___________ ______________

Prepared by NathanKeats__________________________________________ _______________

Law firm W G McNally Jones Staff ____________________________________________

Tel (02) 9233 4744 Fax (02) 9223 7859_________________

Email: [email protected] Ref: NK:TM:1510010________________

DX 283 SYDNEY_____________________________________________________________ __

Address for service W G McNally Jones Staff ___________________________________ _

Level 10, 179 Elizabeth Street, Sydney NSW 2000__________________ __

IN THE AUSTRALIAN COMPETITION TRIBUNAL

No. ACT 9 of 2015

RE: APPLICATION BY SEA SWIFT PTY LTD under s.95A OF THE

COMPETITION AND CONSUMER ACT 2010 (CTH) FOR AN

AUTHORISATION UNDER S.95AT(1) TO ACQUIRE SHARES IN THE

CAPITAL OF A BODY CORPORATE OR TO ACQUIRE ASSETS OF

ANOTHER PERSON

ANNEXURE CERTIFICATE

This is the annexure marked “TM-1” annexed to the statement of THOMAS

MAYOR dated 30 October 2015.

Annexure TM-1

mailto:[email protected]

1

Fair Work Act 2009 s.185 - Application for approval of a single-enterprise agreement

Perkins Shipping Pty Ltd T/A Toll Marine Logistics(AG2015/605)

TOLL MARINE LOGISTICS AMOU AND MUA AGREEMENT 2014

Northern Territory

COMMISSIONER WILSON MELBOURNE, 4 JUNE 2015

Application for approval of the Toll Marine Logistics AMOU and MUA Agreement 2014.

An application has been made for approval of an enterprise agreement known as the Toll Marine Logistics AMOU and MUA Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Perkins Shipping Pty Ltd T/A Toll Marine Logistics. The agreement is a single-enterprise agreement.

I have accepted the undertakings attached to this decision which have been given by the employer.

I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

The Maritime Union of Australia (MUA), and the Australian Maritime Officers Union (AMOU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 2015. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, AE414219 PR568072>

[2015] FWCA 3811

DECISION

[2015] FWCA 3811

2

Annexure A

Toll provides the following undertakings pursuant to s.190 of the Fair Work Act 2009.

Undertakings:

1. Any individual f lexibility arrangement entered into pursuant to Clause 10, Agreement Flexibility must only be about permitted matters pursuant to the Fair Work Act 2009, and must not include a term that would be an unlawful term.

2. The Employer w ill consult with Employees pursuant to clause 15, Consultation Regarding Major Workplace Change in the event of a change to an Employee's regular roster or ord inary hours of work. The Employer will provide information to the Employees about the change and will invite Employees to g ive their views about the impact of the change (including any impact in relation to their family or caring responsibilities). The Employer will consider any views given by the Employees about the impact of the change.

3. The Employer w ill do all things necessary to permit disputes in relation to the National Employment Standards to be dealt with th rough the Dispute Settlement Procedure within the Agreement (other than disputes as to whether it had reasonable business grounds under s.65(5) or s.76(4) of the Fair Work Act 2009.

[2015] FWCA 3811

3

4. The notice of termination in Clause 22, Termination o f Employment to be given by the Employer to an Employee (other than for dismissal for serious misconduct that warrants instant dlsmissal) will be no less than:

Continuous period of service with Employer

Less Ulan 91 duty days

More Ulan 91 duty days and:

Less tllan 27 4 days from commencement

More than 274 and less than 366 days from comme-ncement

More than 365 days

Notice

7days

7 days

14 days

28 days

Tile period of notioe for an Employee who is over 45 years of age and has 2 or more years of continuous setvice will be increased by 7 days.

5. The EmplOyer shall ensure that In the event clause 22.1(a)(ili) of the agreement applies, and an Employee has more than 5 years' continuous setvice, and is aged over 45 years, the Employee will be entitled to 5 weeks' notice.

6. The Agreement will apply, pursuant to clause 5 Scope & Application to all employees current at tile approval of this Agreement by FWC In the Agreement classifications that would be covered by Part A of the Seagoing Industry Award 2010, together with all employees employed subsequent to the approval of this Agreement by FWC in the Agreement classifications who would be covered by Part A of the Seagoing Industry Award 2010.

The Agreement shall not oover work on vessels that are principally engaged for work within the extractive minerals, off-shore oil and/or gas, harbour towage or dredging Industries.

Toll Marine Logistics will ensure that a copy of these undertakings is made available to all employees cover&d by the Agreement, and ensure that a copy of this letter is attached to any copy of the Agreement provided to empSoyees or made avaifable in the workplace.

Yoors Farthfully

Jennifer Hunt Gro up IR Manager OLD I NT Tol l Holdings Limited

TOLL MARINE LOGISTICS AMOU & MUA AGREEMENT 2014

Toll Marine Logistics AMOU and MUA Agreement 2014 Page 1

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Toll Marine Logistics AMOU and MUA Agreement 2014

Table of Contents TITLE ....................... . ...................................................................................... 4

TERM OF AGREEMENT .......................................................................................... 4

NO EXTRA CLAIMS .................................................................................................. 4

DEFINITIONS AND INTERPRETATION .................................................................... 4

SCOPE & APPLICATION .......................................................................................... 5

ACCESS TO THE AGREEMENT AND THE NATIONAL EMPLOYMENT STANDARDS ........................................................................................................... 5

RELATIONSHIP WITH THE AWARD AND NATIONAL EMPLOYMENT STANDARDS ............................................................................................................ 5

OBJECTIVES OF THE AGREEMENT ....................................................................... 5

NAVIGATION ACT, SEAFARERS REHABILITATION AND COMPENSATION ACT. 6

AGREEMENT FLEXIBITY ......................................................................................... 6

SHIPBOARD MANAGEMENT STANDARDS ........................................................... 7

MUTUAL RESPECT .................................................................................................. 8

UNION DELEGATES ................................................................................................. 8

CONSULTATIVE COMMITIEE ARRANGEMENTS ................................................ 11

CONSULTATION REGARDING MAJOR WORKPLACE CHANGE ......................... 12

HARD LAY .............................................................................................................. 12

WATER QUALITY ................................................................................................... 12

DISPUTE RESOLUTION ......................................................................................... 13

TYPES OF EMPLOYMENT ..................................................................................... 14

PROBATION PERIOD ............................................................................................. 15

NATIONAL TRAINING WAGE ................................................................................. 15

TERMINATION OF EMPLOYMENT ................................................................. 15

REDUNDANCY ....................................................................................................... 17

SERVICE INCREMENTS ........................................................................................ 18

ALLOWANCES ........................................................................................................ 19

SUPERANNUATION ............................................................................................... 20

UNIFORMS AND PROTECTIVE CLOTHING .......................................................... 21

PAYMENT OF WAGES ........................................................................................... 22

ORDINARY HOURS OF WORK .............................................................................. 23


30. OVER-CYCLE ........................................................................................................ 24

31. TRANSFERABILITY AND FLEXIBIL TY ................................................................. 24

32. SELECTION, TRANSFER AND PROMOTION ........................................................ 25

33. NEW ENTRANT WORK PLACEMENTS ................................................................. 25

34. LEAVE ACCRUAL ................................................................................................... 26

35. SICK AND INJURED EMPLOYEES LANDED ......................................................... 28

36. INSPECTION OF NEW VESSELS ......................................................................... 28

37. PARENTAL LEAVE ................................................................................................ 29

38. LONG SERVICE LEAVE ......................................................................................... 29

39. TRAVELLING .......................................................................................................... 29

40. Pre-30 June 1998 Leave airfares ............................................................................. 32

41. REPATRIATION ON COMPASSIONATE GROUNDS ............................................. 32

42. TRAINING .............................................................................................................. 32

43 MEDICAL CERTIFICATES ...................................................................................... 32

44 DRUG AND ALCOHOL TESTING.......................... .. ........................................ 33

45 DOMESTIC VIOLENCE SUPPORT.. ...................................................................... 33

46 INDIGENOUS PEOPLES ENGAGEMENT ............................................................. 34

47 DEFINITIONS .......................................................................................................... 34

48 AMOU RATES OF PAY .......................................................................................... 35

49 EMPLOYEE DUTIES ............................................................................................... 36

50 SAILING SHORTHANDED ..................................................................................... 36

51 STUDY LEAVE ........................................................................................................ 36

52 REVALIDATION OF CERTIFICATE OF COMPETENCY ......................................... 38

53 MEDICAL INABILITY TO REVALIDATE CERTIFICATE OF COMPETENCY .......... 38

54 MUA RATES OF PAY .............................................................................................. 40

55 EMPLOYEE DUTIES ............................................................................................... 42

56 SAILING SHORTHANDED ...................................................................................... 42

57 STUDY LEAVE ........................................................................................................ 42


1. TITLE

This Agreement will be known as the Toll Marine Logistics AMOU and MUA Agreement 2014.

2. TERM OF AGREEMENT

This Agreement will commence operation from the Operative Date and will have a nominal term commencing 1 December 2014 and expiring on 30 November 2018.

3. NO EXTRA CLAIMS

During the Term of the Agreement, the Employer and the Employees must not pursue any further claims for wages, allowances or any other terms and conditions of employment.

4. DEFINITIONS AND INTERPRETATION

In this Agreement, unless the contrary intention appears:

"Agreement" means the Toll Marine Logistics AMOU and MUA Agreement 2014

"Act" means the Fair Work Act 2009 (Cth).

"Duty Day" one day's pay plus one day's leave.

"FWC" means Fair Work Commission.

"NES" means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth).

"Award" means the Seagoing Industry Award 2010

"Employer" means Perkins Shipping Pty Ltd, trading as Toll Marine Logistics, which is the employer.

"Employee" means a person employed by the Employer in any classification contained in this Agreement, and who is a member or is eligible to be a member of the Union.

"Union" means either the Maritime Union of Australia or the Australian Maritime Officers Union, individually or collectively, whichever is relevant to the circumstance.

"Coastal community's service" means principally operating to transport essential goods and effects to remote coastal communities and islands from ports and landings between Broome and Cairns. Note: where a Union disagrees with the Employer classification of a service as coastal communities, the matter may be referred to FWC for determination under the terms of the dispute settlement procedure.

"Cargo" includes all freight carried in a ship but does not include bunker fuel and other articles carried for the vessel's use.

Toll Marine Logistics AMOU and MUA Agreement 2014 Page4

"Day" means from 12 midnight to the following 12 midnight.

"Dead Day" means a day's pay is paid but no leave accrues or is used.

"Home port" means the port at which the Employee is originally engaged or the port which is agreed upon between the Employer and the Employee concerned.

"Domestic violence" acts of violence or abuse against a person living in one's household, especially a member of one's immediate family.

5. SCOPE & APPLICATION

This Agreement applies to all the Employer's Employees current at the approval of this agreement by FWC in the Agreement classifications that would be covered by Part A of the Seagoing Industry Award 2010.

The Agreement is not intended to bind the parties or cover work on vessels that are principally engaged for work within the extractive minerals, off-shore oil and/or gas, harbour towage or dredging industries

6. ACCESS TO THE AGREEMENT AND THE NATIONAL EMPLOYMENT STANDARDS

The Employer must ensure that copies of this Agreement and the NES are available to all Employees to whom they apply either on a notice board which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.

7. RELATIONSHIP WITH THE AWARD AND NATIONAL EMPLOYMENT STANDARDS

The terms of the Agreement are to be read in conjunction with the terms of the NES and Part A of the Award, as amended from time to time, and to the extent that if any inconsistencies exist with the terms of the Award, then the terms of this Agreement will prevail.

8. OBJECTIVES OF THE AGREEMENT

8.1 The parties recognise that ongoing review of conditions needs to be accompanied by further review of working arrangements and management practices to reflect the trading and competitive circumstances of the Employer.

8.2 The Employer has achieved full ISM Standards and that will need the continued support and commitment of all seagoing Employees.

8.3 It is the intention of this Agreement that the Employer maintains a stable core of sea going Employees, as permanent Employees.

8.4 The parties recognise that the Employer operates in a unique and highly competitive environment in both domestic and International Trades. Sustained business and


employment can only be achieved if the parties agree to always work cooperatively to achieve common goals.

8.5 The parties further recognise that the Employer operates largely in a non-Union low cost competitive environment and comparison with the General Maritime Industry is not always appropriate. The Employer and Employees must collectively meet that competition.

Part 2 - Core Conditions of Employment

9. NAVIGATION ACT, SEAFARERS REHABILITATION AND COMPENSATION ACT

9.1 Nothing in this Agreement shall be construed as limiting the rights of any Employees under the Navigation Act 2012, as amended.

9.2 The Navigation Act 2012, as amended and Marine Orders, apply to Employees engaged under this Agreement.

9.3 The Seafarers Rehabilitation and Compensation Act 1992 and Regulations apply to Employees engaged under this Agreement.

10. AGREEMENT FLEXIBITY

10.1 Notwithstanding any other provision of this Agreement, the Employer and an individual Employee may agree to vary the application of certain terms of this Agreement to meet the genuine individual needs of the Employer and the individual Employee. The terms the Employer and the individual Employee may agree to vary the application of are those concerning arrangements for when work is performed.

10.2 The Employer and the individual Employee must have genuinely rnade the agreement without coercion or duress.

10.3 The agreement between the Employer and the individual Employee must:

(a) be confined to a variation in the application of one or more of the terms listed in clause 10.1; and

(b) result in the Employee being better off overall than the Employee would have been if no individual flexibility agreement had been agreed to.

10.4 The agreement between the Employer and the individual Employee must also:

(a) be in writing, name the parties to the agreement and be signed by the Employer and the individual Employee and, if the Employee is under 18 years of age, the Employee's parent or guardian;

(b) state each term of this Agreement that the Employer and the individual Employee have agreed to vary;

(c) detail how the application of each term has been varied by agreement between the Employer and the individual Employee;


(d) detail how the agreement results in the individual Employee being better off overall in relation to the individual Employee's terms and conditions of employment; and

(e) state the date the agreement commences to operate.

10.5 The Employer must give the individual Employee a copy of the agreement and keep the agreement as a time and wages record.

10.6 Except as provided in clause 10.4(a) the agreement must not require the approval or consent of a person other than the Employer and the individual Employee.

10.7 The Employer must provide a written proposal to the Employee. Where the Employee's understanding of written English is limited the Employer must take measures, including translation into an appropriate language, to ensure the Employee understands the proposal.

10.8 The agreement may be terminated:

(i) by the Employer or the individual Employee giving four weeks' notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or

(ii) at any time, by written agreement between the Employer and the individual Employee.

10.9 The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between the Employer and an individual Employee contained in any other term of this Agreement.

11. SHIPBOARD MANAGEMENT STANDARDS

11.1 The Employer requires that high Shipboard Management Performance Standards be maintained. Through the Master and Chief Engineer, all Employees will be required to participate in meeting these Standards in all aspects of vessel operations.

11.2 Under the direction of the Master, and in accordance with the Employer's policy, relevant industrial Awards, Agreements and Statutory requirements; all Employees will undertake to ensure safe and harmonious operations on vessels. This will be achieved through regular on board consultative processes and communication with Shore Based Management.

11.3 Flexibility

All Employees will ensure maximum flexibility in working arrangements to ensure efficient operations at sea and in port in accordance with relevant Awards, Agreements and statutory requirements. At terminals I wharves where stevedoring labour is traditionally used, the Employer shall ensure that such stevedoring labour is engaged in the lashing of cargo and all other manual work of a stevedoring nature as may be required to service vessels owned or under the control of the Employer. For the avoidance of doubt, seafarers, employed by or under the control of the Employer, shall not be required to perform stevedoring duties at sites where stevedoring labour normally operates but may assist from time to time as required.


11.4 Communications & Reporting

Employees will ensure that all statutory obligations and the Employer requirements are met in regards to record keeping and reporting.

11.5 International Ship Management (ISM)

All Employees will assist in the maintenance of and compliance with the vessel ISM requirements.

11.6 Budget and Vessel Maintenance Control

The Employer wishes to improve further involvement of ship's crews in participation in budgetary control, and maintenance standards of the vessel. This will require continuous improvement in liaison and communication between shore-based management and ship's officers.

11.7 Policies

The parties confirm the Employer's policy in respect of:

* Drugs, Alcohol and Smoking

* Environment Protection

*Occupational Health and Safety

12. MUTUAL RESPECT

12.1 The Parties acknowledge and agree that in order to be effective, the relationship between the Employer, the Employees and the Union must be based on mutual respect.

12.2 Any privileges or powers conferred on the Union by this Agreement must be exercised reasonably and fairly in connection with the Employer meeting its obligations to its Employees, with proper regard for the Employer's commercial and business interests, including the interests of its customers and suppliers.

13. UNION DELEGATES

13.1 Identification of delegates

The Union(s) must provide the Employer with a complete list of all Union delegates and ensure the Employer is promptly advised of any changes to the list as required.

13.2 Delegates' powers

(a) The Employer acknowledges that each Union delegate is entitled to:

(i) be treated fairly and to perform their roles as Union delegate or workplace representative without any discrimination or victimisation;


(ii) formal recognition by the Employer that the Union delegate speaks on behalf of the Union members in the workplace;

(iii) bargain collectively on behalf of Union members in the workplace;

(iv) consultation on matters affecting Union members;

(v) paid time off to present the interests of members to the Employer, but only where such paid time off is provided for in this Agreement;

(vi) address new Employees about the benefits of Union membership at the time they commence work with the Employer;

(vii) discuss Union and workplace matters with all Employees at the workplace who consent to such discussions, which will take place during breaks or outside of business hours;

(viii) reasonable access to a telephone, facsimile, photocopying, internet and email and office facilities for the purpose of carrying out work as a delegate and consulting with workplace colleagues and the Union; and

(ix) place Union information on a notice board in a prominent location in the workplace.

(b) The Employer acknowledges, and will in no way hinder, the following functions of Union delegates:

(i) To provide awareness and understanding of the Union's aims and achievements wherever possible;

(ii) To know the profile of Union members in the workplace;

(iii) To recruit and involve Employees in the Union and its activities;

(iv) To be approachable and helpful to Union members in the workplace;

(v) To seek out and encourage other members to take on roles and responsibilities;

(vi) To provide up to date and relevant Union information to Union members in the workplace;

(vii) To represent the views of members;

(viii) To represent Union members fairly and accurately in negotiations and in relation to individual grievances; and

(ix) To keep in contact with the Union Organiser and other Union representatives in the workplace about matters pertaining to the workplace.

(c) Clause 13.2 does not confer on Union delegates any additional remuneration, paid leave, or other employment benefit, above and beyond the remuneration, leave and benefits specified in other clauses in this Agreement.


13.3 Delegates meetings

(a) Subject to clauses 13.3(b) and 13.4(c) and 13.5, the Employer will release Union delegates to attend Union delegates meetings.

(b) To ensure the smooth running of the Employer's operations, paid leave to attend delegates meetings will be not be available to more than 1 delegate from each Union.

(c) The Employer will be required to release a delegate to attend no more than one delegates' meeting per quarter.

(d) Where possible, the training will be arranged when delegates are not on duty.

13.4 Delegates training

(a) Subject to clause 13.5, the Employer will release Employees who are Union delegates to attend Union delegates' training courses.

(b) The Union will give the Employer at least 28 days of notice of intended delegates training. Delegate training will be organised in a manner that does not affect operating efficiency. Approval for Union delegates to attend such training will not be reasonably withheld by the Employer.

(c) Delegates will only be released for training if they have provided at least 28 days of notice to the Marine Manager.

13.5 Extent of leave

(a) The Employer will grant a delegate a maximum of 5 days paid leave each year to permit the Employee to attend Union delegates meetings under clause 13.3, or to undertake training under 13.4.

(b) The leave referred to in paragraph 13.5(a) is in addition to any other leave entitlements an Employee may have, and does not accrue from year to year.

(c) Leave during periods of the Employees leave accrued under paragraph 13.2(a) will attract additional payment at the Employees usual day rate of pay but will not accrue leave.

13.6 Union Induction

(a) In furtherance of the rights of Employees to join the Union and the rights of the Union to recruit Employees, and to inform and educate Employees about this Agreement, the Parties agree that representatives of the Union will be given an opportunity to induct all new Employees who are eligible for membership.

(b) The induction will take place on site at the request of the Union.

(c) A room which is appropriate for inductions (such as a training room) will be provided for the purpose.

(d) 30 clear minutes will be allowed for the induction to take place.


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(e) Employees will receive no less than their usual or (where they have yet to commence work) their proposed rate of pay for up to 30 minutes.

(f) Prior to the induction there will, at the Union's request, be posted in a prominent position accessible to all Employees a Union generated notice describing the purpose of the induction and setting out any other relevant information.

(g) The Employer and the Union will consult on organising the most effective time for Union inductions to occur. Where practicable, Union inductions will occur at the same time as the Employer conducts Employee inductions, or in conjunction with other Union training. The Employer will notify the relevant Union of employee inductions.

14. CONSULTATIVE COMMITTEE ARRANGEMENTS

14.1 A Consultative Committee (the "Committee") will be established to maintain a direct link between the Employees and the Employer's maritime management.

14.2 The purpose of the Committee will be to:

(a) function as a review mechanism to ensure the Agreement is operating in the way the parties intended, however the Committee may not renegotiate or alter the terms of the Agreement,

(b) implement and monitor measures to further the objectives of the Agreement,

(c) contribute to development and implementation of ongoing productivity and safety improvements,

(d) maintain an open exchange of views between maritime Employees and management,

(e) conduct discussions in relation to shipboard facilities, new entrant training and career progression.

14.3 The Committee will be comprised of 2 representatives from each Union, an Employer management representative(s), Union Officials or persons with appropriate knowledge of operational, safety, training and catering matters.

14.4 The Committee will convene a meeting within 3 months of the lodgement of the Agreement with FWC. This meeting will determine the agenda, composition and timing of Committee meetings.

14.5 The Committee will meet at least twice annually, unless otherwise agreed by the parties.

14.6 Nominated employee representatives who are required to attend the consultative committee meeting will be entitled to dead day payment.


15. CONSULTATION REGARDING MAJOR WORKPLACE CHANGE

15.1 Employer to notify

(a) Where the Employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on Employees, the Employer must notify the Employees who may be affected by the proposed changes and their representatives, if any.

(b) Significant effects include termination of employment; major changes in the composition, operation or size of the Employer's workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of Employees to other work or locations; and the restructuring of jobs. Provided that where this Agreement makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.

15.2 Employer to discuss change

(a) The Employer must discuss with the Employees affected and their representatives, if any, the introduction of the changes referred to in clause 15.1, the effects the changes are likely to have on Employees and measures to avert or mitigate the adverse effects of such changes on Employees and must give prompt consideration to matters raised by the Employees and/or their representatives in relation to the changes.

(b) The discussions must commence as early as practicable after a definite decision has been made by the Employer to make the changes referred to in clause 15.1. For the purposes of such discussion, the Employer must provide in writing to the Employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on Employees and any other matters likely to affect Employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the Employer's interests.

16. HARD LAY

16.1 In the case of a vessel that does not meet reasonable standards of the industry, subject to mutual agreement between the Employer and the Union, affected Employees will be paid a hard-lying allowance of $50 per employee per day.

17. WATER QUALITY

17.1 Additional cask and/or bottled water will be supplied for drinking and cooking, separately from usual victualling budgets, in the following circumstances:

(a) For the period of time between when a Master requests testing of a vessel's stored water quality until when testing results in the water supply being assessed as meeting the Australian safe drinking water standard.

(b) Testing of water quality must include both microbiological and chemical content.


(c) The testing agency must provide written confirmation that water quality meets the Australian safe drinking water standard.

18. DISPUTE RESOLUTION

The Parties agree that any Dispute must be dealt with in the following manner:

18.1 The matter must first be discussed by the aggrieved Employee(s) directly with his or her or their immediate supervisor.

18.2 If the matter remains in dispute, it must next be discussed with the supervisor's immediate superior or another representative of the Employer appointed for the purpose of this procedure. The Employee may nominate a representative for the purpose of this procedure. A Union delegate has the right to attend at, and participate in, this discussion as the representative of an Employee, provided that the Union delegate is the representative of the Employee's choice.

18.3 If the matter remains in dispute, it must next be discussed with the relevant manager of the Employer. The Employee may nominate a representative for the purpose of this procedure. A relevant Union Official (or his/her nominee) has the right to attend at and participate in this discussion as the representative of an Employee, provided that the relevant Union Official is the representative of the Employee's choice.

18.4 If the matter remains in dispute, it must next be submitted to FWC for conciliation. For this purpose, it is agreed that the action FWC may take includes:

(a) arranging conferences of the parties or their representatives at which FWC is present; and

(b) arranging for the parties or their representatives to confer among themselves at conferences at which FWC is not present.

18.5 If the matter is not resolved in conciliation conducted by FWC, the parties agree that FWC will proceed to arbitrate the dispute and/or otherwise determine the rights and/or obligations of the parties to the dispute. In relation to such arbitration, the parties agree that:

(a) FWC may give all such directions and do all such things as are necessary for the just resolution of the Dispute. FWC may exercise powers of conciliation, arbitration and declaratory relief in relation to the dispute, including all related procedural powers such as those in relation to hearings, witnesses, evidence and submissions.

(b) FWC should apply the rules of evidence that would ordinarily apply to a hearing before FWC under the Act.

(c) Before making a determination, FWC will give the parties an opportunity to be heard formally on the matter(s) in dispute.

(d) In making its determination, FWC will only have regard to the materials, including witness evidence, and submissions put before it at the hearing and will disregard any admissions, concessions, offers or claims made in conciliation.


18.6 The decision of FWC will be binding on the parties subject to the following agreed matters:

(a) There will be a right of appeal to a Full Bench of FWC against the decision, which must be exercised within 21 days of the decision being issued or within such further time as the Full Bench may allow.

(b) The appeal will be conducted in accordance with the legal principles applying to an appeal in the strict sense.

(c) The Full Bench, or a single member on delegation, will have the power to stay the decision pending the hearing and determination of the appeal.

(d) The decision of the Full Bench in the appeal will be binding upon the parties.

18.7 Until the matter is resolved by agreement, conciliation or arbitration, work will continue in accordance with the status quo. No party is to be prejudiced as to the final settlement by the continuance of work in accordance with this procedure.

19. TYPES OF EMPLOYMENT

19. 1 Genera I

(a) Employees under this Agreement will be employed in one of the following categories:

(i) Full-time employment; or

(ii) fixed term employment, or

(iii) casual employment.

(b) At the time of engagement the Employer will inform each Employee of the terms of their engagement and in particular whether they are to be full-time or fixed term or casual Employees.

(c) It is the Employer's intent to engage employees on a full-time basis wherever possible.

19.2 Full-time employment

A full-time Employee is an Employee who is engaged on an on-going basis to work an average of at least 38 ordinary hours per week, plus reasonable additional hours.

19.3 Fixed term employment

(a) A Fixed term Employee is an Employee who is specifically engaged as such with tenure of employment that exceeds 91 duty days and receives equivalent pay and conditions to those of full-time Employees. A Fixed Term employee may be engaged for a fixed term or to perform a specified task, an employee will be informed in writing the terms of employment.

(b) At implementation of this agreement, any existing "relief' employees will be


deemed fixed term employees.

19.4 Casual employment

(a) A casual Employee is an Employee who is specifically engaged as such.

(b) A casual Employee will be entitled to a casual loading of 15% of the daily rate including leave payments.

(c) the period of employment as a casual Employee will be included in the calculation of the Employees continuous service for all purposes of the Agreement and for the purposes of probation.

20. PROBATION PERIOD

On commencement as a new employee with the company, employees will be subject to a probationary period of 91 duty days during which time the Employer may evaluate their performance. The evaluation will take into account not only the actual performance of tasks but also their attitude to those tasks and persons associated with the Company.

21. NATIONAL TRAINING WAGE

Employment under a National Training wage will be in accordance with the Award.

22. TERMINATION OF EMPLOYMENT

22.1 Termination by the Employer

(a) Notice

A full-time or Fixed Term Employee whose employment is to be terminated will be given in writing the period of notice specified below, or in lieu of such notice will be paid the appropriate amount of the Employee's prescribed salary specified below, and employment will terminate on expiration of the notice or the making of the payment.

Continuous period of service with Employer Notice

Less than 91 duty days Nil

More than 91 duty days and:

Less than 274 days from commencement 7 days

More than 274 and less than 366 days from commencement 14 days

More than 365 days 28 days

(i) The period of notice for an Employee who is over 45 years of age and has 2 or more years of continuous service will be increased by 7 days.


(ii) The provisions of sub-clause 22.1(a) will in no case be applied cumulatively.

(iii) Despite sub-clause 22.1(a) a maximum 28 days notice applies in all cases if an Employee is terminated arising from the decommissioning of a vessel owing to any strike, ban, limitation, or restriction upon the performance of work.

(iv) An Employee may be given notice pursuant to this clause at any time, including when the Employee is on or is about to go on leave of any kind, and the period of notice will in such case run during the period of leave.

(v) The period of notice in this clause will not apply in the case of dismissal for conduct that justifies instant dismissal.

22.2 Repatriation to homeport after termination

(a) Except in cases of summary dismissal, termination of employment elsewhere than at the homeport will be subject to the following conditions:

(i) Transfer to and from Homeport- see clause 38.1.

(ii) Provision of meals and accommodation before arrival in homeport- see clause 39.2- Meal and accommodation expense reimbursement.

22.3 Summary dismissal

Employees guilty of serious misconduct on a vessel or in relation to their employment may have their employment terminated forthwith if the vessel is in port, or if the vessel is at sea, on arrival of the vessel at the next port of call. The Employee shall thereupon cease to be entitled to any of the provisions as to wages, or other allowances.

22.4 Termination by the Employee

(a) An Employee, including a casual or fixed term Employee who desires to terminate his/her employment will unless the Employer otherwise agrees:

(i) where he/she has had not more than 12 months continuous service, give the employer 7 days of notice in writing;

(i) where he/she has had more than 12 months continuous service, give the employer 28 days of notice in writing.

(b) Where the Employee fails to give the required notice, the Employer may withhold payment of salary for the number of days of shortfall in the required notice from payments due to the Employee on termination of employment.

22.5 Recovery of leave in advance

(a) The Employer may deduct monetary amounts, which the Employee owes to the Employer for up to 14 days leave granted in advance, from any monetary entitlements due to an Employee on the termination of their employment.

(b) All leave in advance is repayable where written agreement has been reached under clause 34. ?(a)(i).


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22.6 Return of property

On termination of their employment, for whatever reason, an Employee will immediately return to the Employer all property belonging to the Employer which is in the Employee's possession or which is under their control.

23. REDUNDANCY

23.1 An Employee whose services are terminated because the Employer no longer requires the job done by the employee to be done by anyone, except where this is due to the ordinary and customary turnover of labour, will be paid severance pay in accordance with the following table:

Period of continuous service Severance pay*

More than 182 and less than 274 days 1 weeks' pay

274 days and less than 1 year 2 weeks' pay

1 year and less than 2 years 4 weeks' pay

2 years and less than 3 years 6 weeks' pay


4 years and less than 5 yeas 10 weeks' pay






plus 1.5 weeks' pay for each completed year of continuous year of service over 10 years up to a maximum of 52 weeks' pay.

23.2 A weeks pay is equal to 7 dead days of applicable annual salary.

23.3 Transfer to lower paid duties

Where an Employee is transferred to lower paid duties by reason of redundancy, this must be agreed in consultation with the Employee and the relevant Union. 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 instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing.


23.4 Employee leaving during notice period

An Employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The Employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice, but is not entitled to payment instead of notice.

23.5 Alternative employment

The Employer, in a particular redundancy case, may make application to FWC to have the severance pay entitlement varied if the Employer obtains acceptable alternative employment for an Employee.

23.6 Incapacity to pay

FWC may vary the severance pay entitlement on the basis of the Employer's incapacity to pay. An application for variation may be made by the Employer.

24. SERVICE INCREMENTS

24.1 In addition to the salaries provided in Part 3, it is agreed that each qualifying Employee will become entitled to senior service increments as follows:

(a) For Employees with 5 years of continuous service with the Employer- 3% in addition to their salary; or

(b) For Employees with 10 years of continuous service with the Employer- a further 2% (5% in total) in addition to their salary.

24.2 The agreed senior service increments will be phased in as follows:

(a) An Employee who has 5 years of service at 1 December 2008: a 1% increment from the first pay period cornrnencing on or after 1 December 2008 and further 1% increments from the first pay period commencing on or after each of the Employees 6th and 7th year anniversaries, then a further 1% increment on each of the Employees 1Oth and 11th year anniversaries,

(b) An Employee who has 10 years of service at 1 December 2008 and before 1 December 2012: a 1% increment from the first pay period commencing on or after 1 December 2008 and further 1% increments from the first pay period commencing on or after each of the Employees subsequent anniversaries up to a total of 5%,

(c) An Employee who reaches 5 years of service after 1 December 2008 and before 1 December 2012: a 1% increment from the first pay period commencing on or after the Employees 5th year anniversary and further 1% increments from the first pay period commencing on or after each of the Employees 6th and 7th year anniversaries, then a further 1% increment on each of the Employees 1Oth and 11th year anniversaries,


(d) Employees who reach 5 years of service after 1 December 2012: a 3% increment from the first pay period commencing on or after the Employees 5th

year anniversary,

(e) Employees who reach 10 years of service after 1 December 2017: a 2% increment from the first pay period commencing on or after the Employees 1 o,, year anniversary.

25. ALLOWANCES

25.1 Manual handling of fish product

If a vessel is required to perform manual loading of fish product from a fishing vessel, each crew member will be entitled to equal share of an allowance of $0.42 per carton of fish product loaded.

25.2 Personal effects allowance

If, by fire, explosion, foundering, shipwreck, collision or stranding, an Employee should sustain damage to or loss of their personal effects or equipment, the Employer will compensate them for such damage or loss by a payment equivalent to the value thereof, not exceeding $3,825.12.

25.3 Passports/travel document expenses

An Employee who is required by the Employer to have and maintain:

(a) a valid passport;

(b) any necessary visas; and

(c) any necessary vaccinations,

will be reimbursed by the Employer for all reasonable - charges, fees and expenses incurred by the Employee in this respect.

25.4 Maritime industry security clearance (MISC)

The Employer will reimburse an Employee for the cost of processing the renewal of their Maritime Industry Security Clearance, provided the Employee has a minimum of 9 months of continuous service with the Employer before the expiry date of their existing clearance.

25.5 Reimbursement of expenses

(a) The Employer will reimburse an Employee any expenses reasonably incurred by the Employee in the performance of their duties and on behalf of the Employer.

(b) The entitlement under this clause will extend to:

(i) expenses in respect of fees incurred by a Master or Deck Officer in obtaining or renewing a pilotage exemption certificate in the course of their service with the Employer;


(ii) expenses associated with enquiries as to casualties or as to the conduct of Employees and to proceedings for any alleged breach of any maritime or port or other regulations; and

(iii) reimbursement of reasonable legal costs incurred or fines imposed by a competent tribunal under any applicable environmental legislation; provided that the expenses/costs incurred were not due to, or arising from, the Employee's personal default or misconduct.

(c) In order to claim a reimbursement under this clause, an Employee should produce evidence to the reasonable satisfaction of the Employer that the expenditure claimed was properly incurred by the Employee. Employees must use their best efforts to submit claims as close to when the expenditure occurs. The Employer will assess the claim within two weeks of the claim and will endeavour to a reimbursement process of two weeks from approval of the claim.

26. SUPERANNUATION

(a) The Employer will make superannuation contributions to a complying fund of the Employee's choice on behalf of each Employee as required under the Superannuation Guarantee (Administration) Act 1992.

(b) Monthly contributions equivalent to 14.5% of payments of salary, including service increments and leave will be made by the Employer to a complying fund.

(c) Subject to clause 26(d), superannuation contributions will be made into Australian Super.

(d) For casual Employees contributions will be made to a complying fund of their choice. Proof of compliance of the fund will be the responsibility of the Employee. Where proof is not provided within 28 days, contributions will default to Australian Super.

(e) If an Employee requests that the Employer make superannuation contributions into a complying superannuation fund, the Employer must accommodate that request

(f) The Employer will not promote to Employees any superannuation fund or otherwise encourage Employees to seek to have their superannuation contributions paid into a superannuation fund other than Australian Super or Maritime Super.

(g) Clause 26(b) will not operate to affect any arrangement in place at the Operative Date under which the Employer is, at an Employee's request, making superannuation contributions on behalf of the Employee to a superannuation fund other than Australian Super or Maritime Super.

(h) An Employee may elect to enter into salary sacrifice arrangements for additional superannuation contributions. Any such salary sacrifice arrangements must apply for a minimum period of 12 months and may only be altered after each 12 month period, unless otherwise agreed.


26.1 Salary sacrifice

(a) An Employee may elect prospectively to sacrifice salary to superannuation contributions in accordance with Australian Taxation Office rulings and the prescribed reasonable benefit limits. Salary sacrifice to superannuation contributions is provided on the basis that it remains cost neutral to the Employer. If an employee elects to make such a salary sacrifice, their salary for all other purposes of the Agreement will remain the relevant salary as set out in clause 48.

(b) Except in extraordinary circumstances, salary sacrifice arrangements will stand for periods of no less than 12 months.

(c) If there are changes in taxation or superannuation laws, practices or rulings that materially alter the benefit to the Employer or the cost to the Employer of acting in accordance with the existing election, either the Employee or the Employer may, upon one month of notice in writing, terminate the election.

27. UNIFORMS AND PROTECTIVE CLOTHING

(a) The Employer will provide the Employee with appropriate uniforms and protective clothing including wet weather gear for the work the Employee is performing and the Employees must wear the uniforms and protective clothing at all times during a period of duty.

(b) For the purpose of subclause (a) the minimum annual issue from the commencement of employment of uniforms and protective clothing shall include:

Uniforms Protective and Industrial Clothing

. Five pairs of trousers . Safety shoes or boots

. Five shirts . Safety helmet

. Five pairs of socks . High visibility vest

. Five pairs of high visibility . Gloves overalls

. Wet weather gear . Officer Engineers will

receive uniform trappings to . Noise reduction ear the Employer's requirement. muffs

. Industrial safety sunglasses when requested

(c) Employees must not alter, modify or change the appearance of uniforms and


protective clothing provided to them by the Employer.

(d) Employees must, make every effort to present in a clean, neat and tidy condition.

(e) Uniforms and protective clothing will be replaced by the Employer on a fair wear and tear basis. In such circumstances, new clothing will be exchanged for the worn items.

(f) Uniforms and protective clothing must be returned by an Employee on termination of employment.

(g) Engineers are expected to wear appropriate uniform and protective clothing when on duty and to maintain an appropriate standard of personal appearance, both at sea and on deck duty when in port.

28. PAYMENT OF WAGES

28.1 Employees of the Employer will be paid salaries in weekly instalments and payment will be made by the Employer by electronic transfer payment direct to the Employee's nominated bank account for the purpose of payment of salary and/ or allowances.

28.2 A pay notice showing the full details of gross pay, deductions, net pay, and leave accrued and taken, allowances, Employer superannuation contributions, and Employee superannuation contributions shall be provided with each payment of salaries.

28.3 Payment on termination

(a) Where an Employee's employment is terminated in accordance with this Agreement, the balance of the amount due to the Employee (if any) may be remitted to the Employee's nominated bank or credit Union account within seven days of the date of termination.

(b) If through no fault of the Employee, the payment is not made in accordance with the time frame, the Employer will pay one day's pay at the Employee's daily rate for each 24 hours that payment is delayed beyond the prescribed time.

(c) An Employee will not be entitled to payment of any wages or salary or any other allowance or payment for any period during which a refusal or failure to work as required continues. The non-entitlement will be at the hourly rate of each hour or part of an hour that the Employee so refuses or fails to work. The hourly rate for the purposes of this clause will be 1/24th of the appropriate daily rate.

28.4 Over Payment and payroll corrections

Payroll corrections will be rectified as a matter of urgency. Once established all payroll errors will be resolved within the next pay period.

The employer may deduct from any amount payable to an employee the amount of any overpayment of wages or allowances and any other amount that is refundable to the Company under this Agreement. Overpayments of wages or allowances will be repaid on the basis that, unless Toll and the employees agree otherwise:


(i) no less than 14 days written notice will be given to the employee of the amount it seeks to recover

(ii) unless otherwise agreed, the deduction will not exceed 5% percent of the employee's gross salary per fortnight.

29. ORDINARY HOURS OF WORK

29.1 This clause provides industry specific detail and supplements the NES which deals with maximum weekly hours.

29.2 Swings will be of 6 weeks in duration for vessels engaged on coastal community's service.

29.3 Swings will be of no more than 6 weeks in duration for vessels engaged on noncoastal service. Swing lengths of less than 6 weeks will be determined by the Employer.

29.4 Wherever practicable the arrangement of hours of duty will be 8 in any 24 hour period. However to meet the operational needs of the vessel, Employees will be required to perform up to 12 hours of duty in any 24 hour period.

29.5 The minimum hours of rest will be:

(a) 10 in any 24 hour period; and

(b) 77 hours in any 7 days

The minimum hours of rest may be divided into two periods of which one period must be at least 6 hours.

The interval between consecutive periods of rest must not exceed 14 hours.

29.6 The average hours of duty per 24 hour period, over the length of a swing, will be no more than 12.

29.7 The requirements for duty and rest periods in paragraphs 29.6, 29.7 and 29.8 need not be maintained in the case of an emergency or drill or in other overriding operational conditions.

29.8 "Overriding operational conditions" means essential shipboard work that cannot be delayed for safety or environmental reasons or which could not reasonably have been anticipated at the commencement of the voyage.

29.9 Notwithstanding the provisions in paragraphs 29.6, 29.7, 29.8 and 29.10, the minimum rest period of 10 hours per 24 hour period may be reduced to not less than 6 consecutive hours provided that any such reduction will not extend beyond two 24 hour periods and not less than 70 hours of rest and not more than 84 hours work are provided within each 7 consecutive 24 hour periods.

29.10Hours of duty include watch keeping duties.


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29.11 Watchkeeping

(a) Each watch-keeping officer will maintain a full and accurate record of hours of work and rest periods.

(b) All officers will work as a team with each officer working to the level of their classification, ability, training and education in a cooperative effort to ensure the safe and efficient operation of the vessel.

(c) Watch keeping and any other required duties on vessels will be based on a rotation system with all officers having the necessary statutory certification and training to enable them to carry out their duties without direct supervision.

30. OVER-CYCLE

30.1 An Employee who is required by the Employer to work more than 7 days over their normal swing cycle will, in addition to the appropriate salary and leave accrual, be paid a dead day for each day of over-cycle in excess of 7 days, except where over-cycle arrangements are a result of:

The Employee volunteering for over-cycle work, or

mutual agreement between an Employee and their relief approved by the Employer, or

where a relief was about to join the vessel but is prevented from doing so by compassionate grounds, illness/injury or the negligence of the relief in the 24 hours prior to the due crew change, or

where a relief was about to join the vessel but is prevented from doing so by failure/delay of commercial airline connections, or

where a crew change is prevented by extremes of weather, a cyclone warning, cyclone or by closure of a Port by the relevant authority, or

special projects where otherwise agreed in a project MOU, or

extended tows (more than 1 OOOmiles) where a lack of port-facilities prevent crew changes being undertaken, or

delivery/re-delivery voyages.

31. TRANSFERABILITY AND FLEXIBILTY

31.1 It is agreed that, subject to qualifications all ranks will, if required, transfer between vessels.

31.2 It is the intention of clause 31.1 that such transfer arrangements will be used to overcome short-term shortages (less than two swings), which may arise for any reasons.

31.3 Employees transferring under this clause will not be reduced in pay if transferring to a


lower rank or lesser vessel classification.

31.4 Notwithstanding the provisions of clause 23.3, higher duties will be paid for the temporary performance of duties which hold a higher salary designation when providing relief behind a permanent employee for a specific period or task. Where a transfer is made for any reason other than short term shortage, by request, or higher duties, the Employee will have any higher salary differential in their pay maintained. An Employees salary will not be reduced whilst relieving on a vessel in a classification that attracts a lower rate of pay.

32. SELECTION, TRANSFER AND PROMOTION

32.1 Toll acknowledges that the current crew at time of signing this agreement are well experienced and trained employees. Toll commits to advising employees via email of vacancies arising within Toll for the next 6 months from their separation on grounds of redundancy. Toll will consider applications received from former employees for vacancies during this period.

32.2 The Employer will recruit and select Employees on the basis of qualifications, experience and location.

32.3 When recruiting and selecting employees for employment, the Employer will liaise with the Union to obtain potential candidates and will give due consideration for employment to those candidates, together with other available candidates, on the basis of merit according to qualifications, experience and location.

32.4 The Employer reserves the right to recruit independently if other suitable candidates are available.

32.5 Opportunities for promotion, subject to qualifications, experience and vacant positions will be available to all Employees. Internal progression on merit will be encouraged by the Employer.

32.6 Should the company determine the necessity to engage foreign nationals it will advise the union and provide the union the opportunity to bring forward any relevant information that may assist the employer in fulfilling its requirement.

33. NEW ENTRANT WORK PLACEMENTS

33.1 Subject to operational requirements, the Employer will give positive consideration to initiatives to provide opportunities for new entrants to gain sea time and work place experience.

33.2 During the life of this Agreement proposals for accommodating new entrant initiatives will be included as a standard agenda item for discussion at consultative committee meetings convened under the terms of clause 14.

33.3 Implementation of new entrant initiatives and/or conditions of service will also be the subject of direct discussions and agreement with the Union(s).


34. LEAVE ACCRUAL

34.1 To compensate for public holidays, intervals of leave, annual leave, personal/carer's leave, compassionate leave and, time spent travelling in off duty time, a employee will, except as otherwise provided for in this agreement, accrue an entitlement to time off at the rate of 1 days leave for each day spent on duty.

34.2 Duty Period and Travel

(a) The "on duty" period commences at 0001 on the day the employee joins the vessel.

(b) Calculations are done on the basis that the day of joining the ship is counted as a day of duty. The day of leaving the ship before 1200 mid-day will be treated as a dead day. The day of leaving the ship after 1200 mid-day will be treated as a duty day.

(c) Where in connection with a swing change an Employee spends more than one "off duty" day travelling to or from the vessel, the Employee shall be paid a "dead day' for each additional day or part thereof spent travelling.

34.3 Where the two-crew duty system is in place and the Employees' are changing out with one another, it is agreed that the payment of a dead day recognises that there may be a need for work to be performed on an Employee's swing off day.

34.4 Where the two-crew duty system does not operate, or where an Employee has no relief, the swing off day will be treated as a duty day and will accrue a day's pay and day's leave

34.5 Where Employees are required to undertake a voyage or duty of 7 days or less, then the day of joining and leaving the vessel will be included for the calculation of leave. For voyages or duties exceeding 7 days, then paragraph 34.2(b) will apply.

34.6 Taking of leave

The taking of leave will, as far as practicable, be correlated with the running of the vessel in which the Employee is engaged. The period of leave granted will approximate as closely as possible, both to the actual amount of leave due to the Employee and to the date and time when the Employee can most conveniently return to duty.

Accumulated leave that is not discharged under the prevailing roster, may be discharged upon the Employee giving the Employer at least three weeks notice.

34.7 Leave in advance

(a) Where an Employee's leave has expired, the Employer may require an Employee to take up to 14 days of leave in advance. An Employee will not be required to take more than 14 days of leave in advance unless:

(i) there has been prior written consent by the Employee; or

(ii) a swing cycle agreement applying to the Employee provides otherwise.


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(b) The giving and taking of leave will be arranged having regard to:

(i) avoidance of delays to a vessel's schedule, the voyaging pattern of the Employee's regular vessel and exigencies of the Employer's service;

(ii) the need to correct imbalances in leave and duty periods;

(iii) the Employee's home port;

(iv) the need to reduce costs of travel; and

(v) whether the Employee has a right to accumulated leave for repeat study.

(c) Unless otherwise agreed between the Employer and the Employee, the leave to which an Employee is entitled under this clause will be granted by the Employer and taken by the Employee not later than eight months after it has commenced to accrue.

34.8 Leave during dry docking

(a) As soon after a decision is made by the Employer to dry dock a vessel the Employer and the Union will consult and agree to the terms and conditions applying to Employees during the dry dock, including swing lengths, transport (including to and from the dock), accommodation (on-board or ashore), hotel quality, payment of meals, meal breaks, workers compensation coverage and any other relevant matters.

(b) Whilst a vessel has ceased operation for the purpose of a survey, overhaul or docking, the Employer may require an Employee to proceed to their home port to take accrued leave and any leave in advance to the extent permitted by clause 34.1 and 34. 7.

34.9 Leave for consultation meetings

(a) An Employee in a vessel in port will be allowed to attend authorised consultation meetings, which have been mutually agreed between the Employer and Union, without loss of pay, provided the following conditions are observed:

(i) the Master of a vessel does not require the Employee to be present for the safety, proper running and operation of the vessel; and

(ii) the Employee's attendance will not interfere with the cargo operations of the Employee's vessel.

(b) This clause will not apply where the vessel is due to sail or where the safety of the ship might be affected.

34.1 OCashing out of leave

Employees are entitled to cash out leave however employees must maintain sufficient leave to cover their normal swing off requirement and maintain a balance of a minimum of 10 days.


34.11 Payment of leave on termination of employment

Upon termination of employment, an Employee's leave entitlement under this clause will be paid at the salary rate for the last position in which the Employee served.

34.12Where an Employee's employment is terminated in accordance's with the Agreement, the balance of the amount due under this Agreement (if any) may be remitted to the Employee's nominated bank account, and if so, it will be remitted within seven days of the date of termination.

34.131f the payment is not made in accordance with this subclause, the Employer will pay one days' pay at his/her daily rate for each twenty-four hours that remittance is delayed beyond the prescribed time. Any leave in advance to a maximum of fourteen days, will be recoverable by the Employer from any payment due to the Employee.

35. SICK AND INJURED EMPLOYEES LANDED

35.1 The provisions of sections 127 and 132 of the Navigation Act 2012 (as varied from time to time) and the Seafarers Rehabilitation and Compensation Act 1992 (as varied from time to time) shall apply where relevant in respect of all Employees engaged in vessels under this Agreement. Provided that if an Employee is landed at a port other than his/her home port he/she is to receive, in addition to the benefits prescribed by the Act applicable, any allowance for his/her victualling and accommodation to which he/she would have been entitled under this Agreement, until his/her arrival at his/her home port.

35.2 It is the intention of the parties that where an Employee is declared fit after a period of illness or injury he/she should then rejoin his/her vessel where this can reasonably and economically be done and will assist in the object of equalising periods of duty and periods of leave entitlements under the leave arrangements operating in his/her vessel.

35.3 Where an Employee is suffering from an ailment and on medical advice:

(a) the Employee will recover within a short period of time either before or after the scheduled sailing time of his/her vessel: and

(b) remaining and/or travelling in the vessel will not jeopardise his/her health or safety,

(c) the parties agree to co-operate to ensure that the vessel is not delayed and that the necessity for any replacement is avoided by the Employee sailing in the vessel and completing the voyage.

36. INSPECTION OF NEW VESSELS

36.1 Where the Company intends to import a new or replacement vessel, the Company will hold discussions with the Union to determine the method of inspection and delivery of those vessels to the Australian port.

36.2 The Parties recognise that inspections of vessels by Officials of the Union have proven useful in the past, and where the Parties believe that is the appropriate means of


_ .• --.=....;

inspection, the Union will identify the appropriate Officials for the inspection in that case. If this is not the case, an agreed workforce representative will inspect the vessel prior to its delivery to Australia.

36.3 At times, commercial arrangements may dictate delivery by other than an Australian crew, and where this is the case, early consultations should take place with the Union for this matter to be given consideration for the exemption of the delivery crew by the Union. Where the above occurs, the Australian crew will join the vessel in the first Australian port.

37. PARENTAL LEAVE

In addition to the leave entitlements provided under NES Employees will be entitled to payment for the following periods of absence that fall within periods of Parental leave.

Maternity leave 4 weeks

Paternity leave 2 weeks

Adoption Leave 2 weeks

38. LONG SERVICE LEAVE

38.1 Employees will be entitled to Long Service Leave in accordance with the relevant state legislation.

39. TRAVELLING

39.1 Transfer to and from Home Port

(a) The Employer will ordinarily and where practicable provide an Employee with economy/budget air travel between an Employee's designated home port air terminal and the port at which he/she is required to join or leave a vessel. Where possible the Employer will arrange direct flights. Employees will be entitled to the frequent flyer points of the flights. Where economy/budget air travel is not practicable, the Employer will make reasonable alternative transport arrangements.

(b) Connecting transfers between the joining/leaving air terminal and the vessel will be the responsibility of the Employer.

(c) Arrangements for transport to and from the Employee's home port air terminal and place of residence will be the responsibility of the Employee. Where the Employee chooses to use a taxi, the Employer will reimburse the Employee for up to a maximum of $146, upon production of a receipt(s), for fares incurred at the beginning and the end of a swing. A one way trip may be utilised by the employee in their own vehicle at the current ATO mileage allowance up to $146.

(d) Arrangements for transport to and from the Darwin/Cairns terminal and place of residence of a Darwin Homeport Employee will be the responsibility of the Employee. Where the Employee chooses to use a taxi, the Employer will reimburse the Employee for up to a maximum of $52, upon production of a


receipt(s)s, for fares incurred at the beginning and the end of a swing.

(e) The designated home port may only be changed with the formal consent of the Employer.

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(f) The Employer will not deny an application to change the designated home port to Cairns, a capital city within Australia, or unless otherwise agreed, if an Employee whose designated homeport has been Darwin for 2 or more years of continuous service. Any entitlement to accrue airfares under paragraphs 39.1, 39.2 and 39.3 of this clause will become void upon the change from Darwin to another home port.

39.2 Meal and accommodation expense reimbursement

(a) An Employee will be entitled to the relevant meal or accommodation expense reimbursement up to a maximum of the amounts set out in clause 39.7, in the following circumstances:

(i) where an Employee in a vessel is required by the Employer to take a meal ashore and/or be accommodated ashore at a port other than at the Employee's home port; or

(ii) where an Employee is directly travelling to their home port at the Employer's expense pursuant to clause or any applicable legislation.

39.3 Travel expenses

The Employer will reimburse the reasonable travel expenses of an Employee when the Employee is travelling:

(a) as required by and for the purposes of the Employer; or

(b) to and/or from the Employee's home port in the following circumstances:

(i) incidentally to the taking of leave as required by the Employer, in accordance with sub-clause 39.1;

(ii) pursuant to the application of the Navigation Act 2012;

(iii) when the Employee's employment is terminated by the Employer, except where the Employee is dismissed for misconduct and the dismissal is not subsequently overturned; or

(iv) when the Employee terminates their employment at the same time that articles of agreement expire through the passing of time at any port other than at the Employee's home port.

(c) Paragraphs (a) and (b) of this clause will not apply where the Employer provides free travel.

(d) For meals and accommodation during travel, see clause 39.7.

(e) In order to claim an entitlement under this clause, an Employee will produce evidence to the reasonable satisfaction of the Employer that the expenditure claimed was properly incurred by the Employee.


39.4 Conveyance

Unless the Master considers it unreasonable in the circumstances at the time, where a vessel lies at anchorage or at any buoy within port limits and is not duly treated as being at sea whilst there, the Employer will reimburse the Employee the cost of conveyance between the vessel and a safe landing place.

39.5 Employees in their home port

Employees on a vessel in their home port will only be entitled to the accommodation expense reimbursement set out in clause 39.7 when:

(a) their usual place of residence is not actually located in their home port:

(b) accommodation is not provided; and

(c) they produce evidence to the reasonable satisfaction of the Employer that they properly incurred the particular expenditure.

39.6 Meals whilst travelling by air

An Employee will only be entitled to payment of the respective meal expense reimbursement set out in clause 39.7 when:

(a) the Employee is travelling at the Employer's expense in accordance with clause 39.3; and

(b) an in-flight airline meal is not available to the Employee whilst travelling during breakfast hours (7.00 am to 9.00 am) and/or lunch hours (12.00 pm to 2.00 pm) and/or dinner hours (5.00 pm to 7.00 pm).

39.7 Entitlement

An Employee's entitlement for reimbursement or payment direct to the provider of meals and accommodation will be according to substantiated cost up to a maximum of the following amounts:

(a) Rates

Breakfast $20.29

Lunch $24.41

Dinner $40.38

Overnight accommodation At Cost

Shared Accommodation At Cost

(b) These allowances will come into effect on the signing of this agreement. Employees will not be back dated any allowances prior to this date.


40. Pre-30 June 1998 Leave airfares

40.1 This entitlement applies to full-time Employees employed up to June 30th 1998 only.

40.2 An Employee whose homeport is Darwin and his/her family will be entitled to a travelling allowance for each two years of continuous service. The allowance will be the payment of a flexible depart and return economy airfare from Darwin to Melbourne, or its equivalent in ticket form only.

40.3 For the purposes of this clause "family" will mean the Employee's spouse or common law spouse and dependent children over 3 years of age and attending school who are or usually reside at the Employee's normal place of residence. Such allowance will not be payable for Employee's estranged family.

41. REPATRIATION ON COMPASSIONATE GROUNDS

The Employer will meet the cost of reasonably practicable transportation for an Employee to his/her homeport to facilitate leave upon notice of the death or life threatening illness of the Employee's husband, wife, father, mother, de facto spouse, brother, sister, child, stepchild or parents-in-law, grandparents, grandchildren or step grandchildren. Days spent travelling to the homeport will not accrue leave.

42. TRAINING

42.1 Training on leave

(a) An Employee may be required to attend Employer business and/or training courses. Any training days for validation/revalidation of statutory qualifications/certificates will be paid as:

(i) Leave if the training occurs during a leave period

(ii) If training occurs during a duty period then this will be paid as a duty day

(iii) Any other training days whilst on leave will be paid as dead days.

(b) If an Employee is required by the Employer to undertake, or has to undertake the course in order to maintain his/her employment, then the Employer will pay the costs associated with attending the course.

43 MEDICAL CERTIFICATES

Full-time Employees who need to revalidate their medical certificates in accordance with AMSA's requirements will be reimbursed the costs of such medicals, providing proof of expenditure is obtained.


- ·--~----- ----"--;:-·~- -------·

44 DRUG AND ALCOHOL TESTING

(a) The Union and the Employees agree that, to ensure health and safety in the workplace, the Employer may conduct drug and alcohol testing either:

(i) On a random basis; or

(ii) Where it suspects a contravention of drug and alcohol policies by specific Employees, on a targeted basis; or

(iii) In the event of an incident, at its absolute discretion, in accordance with Drug and Alcohol Procedures.

(b) The Employees acknowledge and agree that the Drug and Alcohol Procedures operate in conjunction with, and not in replacement of, any other drug or alcohol testing procedures that the Employer is now, or may later be, required to implement as a result of governmental, regulatory or customer demands.

45 DOMESTIC VIOLENCE SUPPORT

45.1 Definition of Domestic Violence

Domestic violence includes physical, sexual, financial, verbal or emotional abuse by an immediate family member as defined in this Agreement.

The Employer recognises that employees sometimes face situations of violence or abuse including physical, sexual, financial, verbal or emotional abuse by an immediate family member in their personal life that may affect their attendance or performance at work. Therefore, the Employer is committed to the following, on proof in the form of an agreed document issued by the Police Service, a Court, a Doctor, a Domestic Violence Support Service or Lawyer;

(a) The Employer will take into consideration the circumstances of the employee prior to any disciplinary action due to the attendance and performance of an employee.

(b) An employee experiencing domestic violence may raise the issue with their immediate Supervisor, Manager or the Human Resources contact. The Employer will provide an Employee Assistance Program and the Toll Chaplaincy Program.

(c) All personal information concerning domestic violence will be kept confidential in line with Company Policy and relevant legislation.

(d) The Employer will take into consideration the circumstances of an employee who is experiencing Domestic Violence prior to any disciplinary action due to the attendance and performance of an employee.

(e) An employee experiencing domestic violence may raise the issue with their immediate supervisor or the Human Resources contact. The supervisor may seek advice from Human Resources if the employee chooses not to see the Human Resources contact.


46 INDIGENOUS PEOPLES ENGAGEMENT

46.1 The parties recognise that this Enterprise Agreement covers work that is largely on land and sea traditionally owned by Indigenous Australians.

46.2 In recognising this, the Employer commits to working with the union and Traditional Owners to provide training and employment opportunities for Indigenous Australians.

46.3 Where sufficient accommodation berth exists on the Employer's vessel an Indigenous Trainee, through Toll's Indigenous 2nct Step Program, may be trialled in a Deck Hand role. Where a suitable candidate is identified, and suitable systems are in place to support the placement the following may occur;

(a) An Indigenous Trainee will be supernumerary to the operational manning.

(b) An Indigenous Trainee will be remunerated weekly at 75% of the Able-bodied Seaman rate of pay in Clause 53 of this Agreement.

(c) All other leave accrual, allowances and entitlements will apply to trainees at no less advantage.

(d) The traineeship will be for a period of 12 months or as agreed between the Employer and the Employee inclusive of applicable training.

(e) Once a trainee is deemed competent and suitable, and upon completion of the traineeship, he/she will be considered for a permanent placement, based on merit, should a position be available. The suitability of the Trainee will be based not only on their actual performance of tasks but also their attitude to those tasks and persons associated with the Company.

46.4 To ensure success and support for the Indigenous Trainee, support services such as; Cultural Awareness Training and Indigenous Mentor Training for the vessel crew will be provided as appropriate and where possible.

46.5 This program is to be reviewed annually and consideration will be given to subsequent traineeships in accordance with clause 46.3.

Part 3 - AMOU Specific Conditions of Employment

47 DEFINITIONS

"Master" means the person having command of the vessel.

"Chief Mate" means the Officer next in rank to the Master and upon whom the command of the ship will fall in the event of the incapacity of the Master.

"Deck Officer" means an Officer qualified in accordance with the provisions of Chapter 11 of the Inter-National Convention of Standards of Training, Certification and Watch Keeping for Seafarers, 1995 (Convention).


48 AMOU RATES OF PAY

1. Current employees at the time of the approval of this agreement will receive the rates of pay below from 1 December 2014. National CPI increases will be applied to these rates on 1 December of each year thereafter for term of this agreement being 2015, 2016 and 2017 only.

The following schedules of rates will apply to applicable vessel and service categories. All salaries include full compensation for the following Award allowances: Tanker allowance, Handling/securing cargo allowance, Disturbance of sleep allowance, Vessels wrecked or stranded allowance.

Coastal Communities:

Vessel under500tonnes

1" full pay period commencing on:

Master

Chief Mate

2,, Mate

Vessel over 500 & under 2500 tonnes

1 "full pay period commencing on:

Master

Chief Mate

2,, Mate

Vesselover2500tonnes


Master

Chief Mate

2od Mate

Non-coastal Communities:



1/12/2014

$ 107,644

$ 102,260

$94,137

1/12/2014

$ 127,215

$ 104,316

$94,137

1/12/2014

$ 133,576

$ 106,403

$ 96,018

1/12/2014


Master

Chief Mate

2"' Mate


1 ,, full pay period commencing on:

Master

Chief Mate

2"' Mate


1 ,, full pay period commencing on:

Master

Chief Mate

2"' Mate

49 EMPLOYEE DUTIES

$144,557

$142,352

$133,256

1/12/2014

$ 170,840

$ 145,215

$ 133,256

1/12/2014

$ 179,382

$ 152,476

$ 139,918

49.1 An Employee will be required to carry out all duties which are within the Employee's skills, certification, competence, training and applicable legislation.

49.2 When requested by the Employer, ships' crew will assist with the loading and unloading operations including loader operations, attendance to stowage, lashing and unloading fuel.

50 SAILING SHORTHANDED

Where a vessel sails shorthanded, the salary prescribed for the classification of the position not filled will be divided amongst those crew members of the classifications in clause 48 for the period the vessel is so shorthanded at sea.

51 STUDY LEAVE

An Employee may apply for study leave subject to the following conditions:

51.1 That the Employee has been with the Employer on board one of their vessels and has accrued sea time of at least 12 months.

51.2 The granting of study leave will be determined by the Employer, taking into account:


(a) The need of a higher certificate for the position held.

(b) The Performance Appraisal Report for that Employee

(c) The need of higher certificates in the overall structure of the Employer.

51.3 Conditions for accessing entitlement

(a) The entitlements prescribed in clause 51.4 will only be payable by the Employer if the following conditions are met:

(i) all studies must be undertaken at a Maritime College or an approved Technical Institution or Academy.

(ii) an application in writing has been made by the Employee and has been approved in writing by the Employer;

(iii) the Employee has been in the employment of the Employer for the 12 months prior to commencing the period of study;

(iii) the Employee will enter into a written undertaking that the Employee will remain in its employment for a period of at least 12 months after sitting for the certificate in question;

(iv) the entitlement will be confined to the first attempt to obtain the certificate in question; and

(v) the Employee will provide the Employer with reasonable proof of satisfactory attendance at the course of study and examination.

51.4 Entitlement

(a) The Employer will not pay any travelling expenses, course fees or costs for books and study materials.

(b) For approved study outside a period of accrued leave- 75% of the eligible Employee's salary for the authorised period of study.

(c) For approved study during a period of accrued leave- a period of additional leave (immediately following the sitting for each certificate), equal to three quarters of the authorised period of study.

(d) The Employer and an Employee may agree to grant the additional leave under clause 51.4(c) as payment instead of leave.

(e) Where an application by an Employee to undertake an approved course of study has been approved by the Employer, and the Employee is subsequently retrenched, the Employee will be entitled to payment in accordance with clause 23.1. For these purposes, the Employee's salary rate will be the rate applicable at the date of termination.

51.5 Living away from home accommodation allowance

When it is necessary for an Employee to take up temporary residence away from their home port to undertake the approved study, the Employee's living away from home


accommodation expenses will be subsidised up to a maximum of $270, amended to the same as at AMC per week upon production of satisfactory documentary evidence of accommodation expenses during the authorised period of study. The maximum amount of subsidy will increase during the life of this Agreement in line with increases to the minimum single room Residential Fees at Australian Maritime College's accommodation.

51.6 Authorised period of study

The authorised period of study for eligible Employees under this clause will consist of:

(a) the period of their attendance at the course of study for each such certificate;

(b) the prescribed examination times; and

(c) vacation times or holidays of not more than seven consecutive days (including Saturdays, Sundays and public holidays).

51.7 Accumulation of leave for study

An Employee who wishes to take leave for the purposes of an approved course of study in circumstances where the study allowance provisions in clause 51.6 do not apply (e.g. for a second or subsequent attempt at a Certificate of Competency), may accumulate and take their accrued leave in one period, at the time so desired by the Employee, provided the Employee has given reasonable notice of their intention to the Employer.

52 REVALIDATION OF CERTIFICATE OF COMPETENCY

52.1 The Employer will reimburse an Employee for the AMSA administration fee for revalidation of that Employee's Certificate of Competency.

52.2 The Employer will reimburse Employees for course fees incurred on GMDSS training that is a requirement of employment with the Employer.

53 MEDICAL INABILITY TO REVALIDATE CERTIFICATE OF COMPETENCY

53.1 A permanent Employee who is unable to carry out the duties required by the Employer because he/she has been refused revalidation of his/her Certificate of Competency by the appropriate authority because of failure on examination to comply with the medical requirements prescribed by the Navigation Act 1912, Regulations or Orders and has failed to satisfy the appropriate authority that he/she can, notwithstanding his/her inability to comply with such medical requirements, satisfactorily perform the duties appropriate to the certificate in question or any certificate then held and who:

(a) is found by further independent medical examination to be permanently unable to carry out the said duties and to revalidate a Certificate of Competency; or

(b) is found by further independent medical examination to comply with the said medical requirements and/or to be capable of carrying out the said duties but is still unable to satisfy the appropriate authority or revalidate his/her Certificate of Competency; will be entitled to compensation in the manner and on the


conditions herein provided.

(c) Subject to paragraphs 53.3 through to 53.8, an Employee to whom paragraph 53.1 applies will be entitled to receive on the termination of his/her employment under this Agreement, a payment at the equivalent of his/her annual salary rate or, where he/she has been on higher duties for at least 12 continuous months of service, that higher duties rate for the appropriate number of months according to his/her then age as shown in the following table:

Age Number of months of salary

Under30 Not more than 24 months

30 but less than 35 Not more than 21 months






53.2 This loss of certificate compensation scheme will be administered by the Chief Executive Officer of the Employer, who will decide in each and every case the application of compensation and the extent of any benefits applicable.

53.3 Appeals against the decision of the Chief Executive Officer may be referred to FWC for determination in accordance with the disputes settlement procedure.

53.4 Where an Employee suffers an illness or injury entitling him/her to any compensation, damages or other benefits from the Employer and/or any third party under any applicable legislation (whether Federal or State) and/or at common law and/or equity and/or under any contract, deed or other arrangement, excluding any superannuation pension, and such benefits include a component referable to loss of earnings, then the value of that component will be deducted from the amount payable to the Employee under paragraph 53.1. The Chief Executive Officer will value the amount of any such component to be taken into account.

53.5 The Chief Executive Officer in determining any amount to be deducted under paragraph 53.4 and the amount of any payment under paragraph 53.2 will take into account all relevant circumstances provided that he/she will not take into account the following benefits from any superannuation, pension or like scheme:

(a) resignation benefits including withdrawal benefits;

(b) benefits for total and permanent incapacity;

(c) benefits for retirement on age grounds including early retirement; or

(d) benefits covering the foregoing concepts however defined.

53.6 An Employee will not be entitled to benefit under this clause where:


(a) He/she dies; or

(b) He/she is offered reasonable alternative employment.

(c) His/her failure to comply with the prescribed medical requirement arises from anyone of the following:

(i) self-inflicted or self-induced illness or injury; or an illness or injury resulting from failure to heed or comply with direction or advice from a qualified medical practitioner; or

(ii) an illness or injury suffered whilst he/she is voluntarily involved in or in connection with any activity for financial reward or gain; or an activity that unnecessarily subjects him/her to risk of injury and which activity is substantially unrelated to his/her employment under this Agreement, or

53.7 An Employee will not be entitled to receive the benefits under this Agreement more than once.

53.8 For the purposes of this clause:

"Permanent full-time Employee" will mean a person currently employed under this Agreement with no less than 5 years of continuous service with the Employer immediately preceding the refusal to revalidate his/her certificate of competency.

"Illness or injury" will include but not be limited to a disease or disability, disorder or incapacity.

Part 4 - MUA Specific Conditions of Employment

54 MUA RATES OF PAY

Current employees at the time of the approval of this agreement will receive the rates of pay below from 1 December 2014. National CPI increases will be applied to these rates on 1 December of each year thereafter for term of this agreement being 2015, 2016 and 2017 only.

The following schedules of rates will apply to applicable vessel and service categories. All salaries include full compensation for the following Award allowances: Tanker allowance, Handling/securing cargo allowance, Disturbance of sleep allowance, Vessels wrecked or stranded allowance.

Coastal Communities:


1st full pay period commencing on: 1/12/2014

Able-bodied Seaman/Cook $ 80,732




Boson $ 82,689

Cook $81,415

Able-bodied Seaman $ 78,873

Ordinary Seaman $ 71,238


1 ,, full pay period commencing on: 1/12/2014

Boson $ 84,341

Cook $81,415

Able-bodied Seaman $78,389

Ordinary Seaman $72,662

Non-coastal Communities:



Able-bodied Seaman/Cook $108,417



Boson, Cook, Chief IR $116,171

Integrated Rating $111,047

Able-bodied Seaman $ 105,921



Boson, Cook, Chief IR $ 121,980

Integrated Rating $ 116,599

Able-bodied Seaman $111,217


55 EMPLOYEE DUTIES

55.1 An Employee will be required to carry out all duties which are within the Employee's skills, certification, competence, training and applicable legislation.

-""......:.:o.,;:

55.2 When requested by the Employer, ships' crew will assist with the loading and unloading operations including loader operations, attendance to stowage, lashing and unloading fuel.

56 SAILING SHORTHANDED

Where a vessel sails shorthanded, the salary prescribed for the classification of the position not filled will be divided amongst those crew members of the classifications in clause 53 for the period the vessel is so shorthanded at sea.

57 STUDY LEAVE

An Employee may apply for study leave subject to the following conditions:

57.1 That the Employee has been with the Employer on board one of their vessels and has accrued sea time of at least 12 months.

57.2 The granting of study leave will be determined by the Employer, taking into account:

(a) The need of a higher certificate for the position held.

(b) The Performance Appraisal Report for that Employee

(c) The need of higher certificates in the overall structure of the Employer.

57.3 Conditions for accessing entitlement

(a) The entitlements prescribed in clause 57.4 will only be payable by the Employer if the following conditions are met:

(i) an application in writing has been made by the Employee and has been approved in writing by the Employer;

(ii) the Employee has been in the employment of the Employer for the 12 months prior to commencing the period of study;

(iii) the Employee will enter into a written undertaking that the Employee will remain in its employment for a period of at least 12 months after sitting for the certificate in question;

(iv) the entitlement will be confined to the first attempt to obtain the certificate in question; and

(v) the Employee will provide the Employer with reasonable proof of satisfactory attendance at the course of study and examination.


57.4 Entitlement

(a) The Employer will not pay any travelling expenses, course fees or costs for books and study materials.

(b) For approved study outside a period of accrued leave- 75% of the eligible Employee's salary for the authorised period of study.

(c) For approved study during a period of accrued leave- a period of additional leave (immediately following the sitting for each certificate), equal to three quarters of the authorised period of study.

(d) The Employer and an Employee may agree to grant the additional leave under clause (c) as payment instead of leave.

(e) Where an application by an Employee to undertake an approved course of study has been approved by the Employer, and the Employee is subsequently retrenched, the Employee will be entitled to payment in accordance with clause 23.1. For these purposes, the Employee's salary rate will be the rate applicable at the date of termination.

57.5 Living away from home accommodation allowance

When it is necessary for an Employee to take up temporary residence away from their home port to undertake the approved study, the Employee's living away from home accommodation expenses will be subsidised up to a maximum of $187 per week upon production of satisfactory documentary evidence of accommodation expenses during the authorised period of study. The maximum amount of subsidy will increase during the life of this Agreement in line with increases to single room Residential Fees at Australian Maritime College's Hobart accommodation.

57.6 Authorised period of study

The authorised period of study for eligible Employees under this clause will consist of:

(a) the period of their attendance at the course of study for each such certificate;

(b) the prescribed examination times; and

(c) vacation times or holidays of not more than seven consecutive days (including Saturdays, Sundays and public holidays).

57.7 Accumulation of leave for study

An Employee who wishes to take leave for the purposes of an approved course of study in circumstances where the study allowance provisions in clause 51.6 do not apply (e.g. for a second or subsequent attempt at a Certificate of Competency), may accumulate and take their accrued leave in one period, at the time so desired by the Employee, provided the Employee has given reasonable notice of their intention to the Employer.


17-03-15:09:41 :Austral ian Maritime Otticer's U

61 3 96633747

Signed 6)!C~!J5--. --On behalf of Parkins Shipping Pty ltd, trading as TOLL Marine Logistics

In 0c,}h on this 18 day of (\\ore-~

Name: S.~P.0t .. W.9.0.~.~X·.•.<::~ .... ')'.) Address: Gl /?..!)., .. CA.r. f:. i>.v)}'H .: .. f?.\Y:·.Y ... )

S \.0.0(\.P,}:f.!L .. .. ?,. !1C:i>.~,1.$ ..... )

Name:

Address:

Signed by

On behalf of the: Maritime Union of Australia

In ____ on this day of

Name: .......................................... ) Address: .... " ..... '.'.''"' "'"' ........ ' '" .... )

"" ... ' .. "'' ....... " ......... ' .... '" .. ')

Toll Marine Logistics AMOU and MUA Agreement 2014

:61 3 96633747

, In the pr0sence of:

, in the presence of:

Page 44

Received Time 17. Mar. 2015 8:35 No. 9593 Printed Time 17. Mar. 8:36

# 21 2

12May2015

The Associate to Commissioner Wilson Fair Work Australia 11 Exhibition Street Melbourne VIC 3000

By email: chambers. wilson. [email protected]. au

Dear Associate

Toll Group 59 Forest Way Karawatha QLD 4117 Australia

T +61 7 3089 7495 F +61 7 3089 7233 E [email protected]

www.tollgroup.com

Toll Holdings Limited ABN 25 006 592 089

AG2015/605- Application for Approval of the Toll Marine Logistics AMOU & MUA Agreement 2014

We write in response to the preliminary findings made by Commissioner Wilson in relation to our application for approval of the Toll Marine Logistics AMOU & MUA Agreement 2014 (Preliminary Findings).

Toll provides the following undertakings pursuant to s.190 of the Fair Work Act 2009.

Undertakings:

1. Any individual flexibility arrangement entered into pursuant to Clause 10, Agreement Flexibility must only be about permitted matters pursuant to the Fair Work Act 2009, and must not include a term that would be an unlawful term.

2. The Employer will consult with Employees pursuant to clause 15, Consultation Regarding Major Workplace Change in the event of a change to an Employee's regular roster or ordinary hours of work. The Employer will provide information to the Employees about the change and will invite Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities) . The Employer will consider any views given by the Employees about the impact of the change.

3. The Employer will do all things necessary to permit disputes in relation to the National Employment Standards to be dealt with through the Dispute Settlement Procedure within the Agreement (other than disputes as to whether it had reasonable business grounds under s.65(5) or s.76(4) of the Fair Work Act 2009.

2

4. The notice of termination in Clause 22, Termination of Employment to be given by the Employer to an Employee (other than for dismissal for serious misconduct that warrants instant dismissal) will be no less than:

Continuous period of service with Employer Notice

Less than 91 duty days 7 days

More than 91 duty days and:

Less than 27 4 days from commencement 7 dc;~ys

More than 274 and less than 366 days from commencement 14 days

More than 365 days 28 days

The period of notice for an Employee who is over 45 years of age and has 2 or more years of continuous service will be increased by 7 days.

5. The Employer shall ensure that in the event clause 22.1 (a)(iii) of the agreement applies, and an Employee has more than 5 years' continuous service, and is aged over 45 years, the Employee will be entitled to 5 weeks' notice.

6. The Agreement will apply, pursuant to clause 5 Scope & Application to all employees current at the approval of this Agreement by FWC in the Agreement classifications that would be covered by Part A of the Seagoing Industry Award 2010, together with all employees employed subsequent to the approval of this Agreement by FWC in the Agreement classifications who would be covered by Part A of the Seagoing Industry Award 2010.

The Agreement shall not cover work on vessels that are principally engaged for work within the extractive minerals, off-shore oil and/or gas, harbour towage or dredging industries.

Toll Marine Logistics will ensure that a copy of these undertakings is made available to all employees covered by the Agreement, and ensure that a copy of this letter is attached to any copy of the Agreement provided to employees or made available in the workplace.

Yours Faithfully

Jennifer Hunt Group IR Manager QLD I NT Toll Holdings Limited

Documents

Toll Marine Logistics AMOU and MUA Agreement 2014