McDermott Australia Pty Ltd Offshore Decommissioning Greenfields Enterprise Agreement 2023

1

Fair Work Act 2009 
s.185—Enterprise agreement

McDermott Australia Pty Ltd
(AG2023/3584)

MCDERMOTT AUSTRALIA PTY LTD OFFSHORE 
DECOMMISSIONING GREENFIELDS ENTERPRISE AGREEMENT 
2023

Building, metal and civil construction industries

DEPUTY PRESIDENT COLMAN MELBOURNE, 12 OCTOBER 2023

Application for approval of the McDermott Australia Pty Ltd Offshore Decommissioning 
Greenfields Enterprise Agreement 2023

[1] McDermott Australia Pty Ltd has made an application for approval of an enterprise 
agreement known as the McDermott Australia Pty Ltd Offshore Decommissioning Greenfields 
Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the 
Act). 

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I 
am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this 
application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied 
that the Australian Workers’ Union (AWU) and Communications, Electrical, Electronic, 
Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) are 
entitled to represent the industrial interests of a majority of employees who will be covered by 
the Agreement in relation to work that is to be performed under it. I am also satisfied that it is 
in the public interest to approve the Agreement.

[3] I note that the Agreement was made with the AWU and CEPU and therefore covers 
these organisation (see s 53(2)(b)).

[4] The Agreement was approved on 12 October 2023 and, in accordance with s 54, will 
operate from 19 October 2023. The nominal expiry date of the Agreement is 22 March 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE521867  PR767132

[2023] FWCA 3347

DECISION
FairWork 

Commission 


ISSION E SEAL OF THE

AUSTRALIA FairWork Commission




 



MCDERMOTT AUSTRALIA PTY LTD 

OFFSHORE DECOMMISSIONING 

GREENFIELDS AGREEMENT 2023 


MCDERMOTT AUSTRALIA PTY LTD OFFSHORE DECOMMISSIONING GREENFIELDS AGREEMENT 2023




 



1. TITLE 4 

2. COMMENCEMENT AND DURATION OF AGREEMENT 4 

3. APPLICATION OF AGREEMENT AND PARTIES COVERED 4 

4. DEFINITIONS 4 

5. NO EXTRA CLAIMS 6 

6. OPERATION OF AGREEMENT 6 

7. FLEXIBIILTY 7 

8. CONSULTATION 8 

9. DISPUTES SETTELMENT PROCEDURE 12 

10. COUNSELLING AND DISCIPLINARY PROCEDURE 13 

11. CONTRACT OF EMPLOYMENT 15 

12. ROSTERED HOURS OF WORK AND WORK CYCLES 16 

13. SHIFT WORK AND NIGHT SHIFT 22 

14. FITNESS FOR WORK 23 

15. TRAVEL 25 

16. SUPERANNUATION 25 

17. INCOME PROTECTION INSURANCE 26 

18. SICK WHILST OFFSHORE & LEAVE 27 

19. JURY SERVICE 28 

20. LONG SERVICE LEAVE 28 

21. PARENTAL LEAVE 28 

22. CEREMONIAL LEAVE 29 

23. PUBLIC HOLIDAYS 29 

24. TRAINING/MEETINGS/MEDICALS 29 

25. PAYMENT OF WAGES 31 

26. STAND DOWN 32 

27. PPE & PROTECTIVE CLOTHING 33 


1. TITLE 4 2. COMMENCEMENT AND DURATION OF AGREEMENT 4 3. APPLICATION OF AGREEMENT AND PARTIES COVERED 4 4. DEFINITIONS 4 5. NO EXTRA CLAIMS 6 6. OPERATION OF AGREEMENT 6 7. FLEXIBILTY 7 8. CONSULTATION 8 9. DISPUTES SETTELMENT PROCEDURE 12 10. COUNSELLING AND DISCIPLINARY PROCEDURE 13 11. CONTRACT OF EMPLOYMENT 15 12. ROSTERED HOURS OF WORK AND WORK CYCLES 16 13. SHIFT WORK AND NIGHT SHIFT 22 14. FITNESS FOR WORK 23 15. TRAVEL 25 16. SUPERANNUATION 25 17. INCOME PROTECTION INSURANCE 26 18. SICK WHILST OFFSHORE & LEAVE 27 19. JURY SERVICE 28 20. LONG SERVICE LEAVE 28 21. PARENTAL LEAVE 28 22. CEREMONIAL LEAVE 29 23. PUBLIC HOLIDAYS 29 24. TRAINING/MEETINGS/MEDICALS 29 25 PAYMENT OF WAGES 31 26. STAND DOWN 32 27. PPE & PROTECTIVE CLOTHING 33




 



28. 

29. 

OFFSHORE EMPLOYEES WORKING ONSHORE _____________ 33 

CLASSIFICATIONS 34 

SCHEDULE 1- RATES OF PAY _____________________ 38 

SCHEDULE 2. ALLOWANCES 40 

SIGNATORIES 43 

McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 3 


28. OFFSHORE EMPLOYEES WORKING ONSHORE 33 29 CLASSIFICATIONS 34 SCHEDULE 1 - RATES OF PAY 38 SCHEDULE 2. ALLOWANCES 40 SIGNATORIES 43 McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 3




 



1. TITLE 

This Agreement shall be known as the McDermott Australia Pty Ltd Off.shore 

Decommissioning Greenfields Enterprise Agreement 2023 

2. COMMENCEMENT AND DURATION OF AGREEMENT 

This Agreement shall commence seven days after it is approved by the Fair Work 

Commission and shall remain in force until 22 March 2026 (Nominal Expiry Date). After 

the Nominal Expiry Date, this Agreement will continue to operate until terminated or 

replaced. 

3. APPLICATION OF AGREEMENT AND PARTIES COVERED 

This Agreement shall cover and apply to: 

3.1. McDermott Australia Pty Ltd [ABN: 99 002 736 352] ("the Company"); and 

3 .2. Employees of the Company employed in a classification specified in CL 29 -

Classifications, engaged to perform 'Decommissioning Work' in State or 

Commonwealth waters off the coast of Western Australia or the Northern Territory 

3.3. Any employee organisation noted by the Fair Work Commission in its decision 

approving this Agreement. 

4. DEFINITIONS 

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

"Casual" is an Employee engaged as such in accordance with the Act. 

"Company" or "Employer" means the Company being McDermott Australia Pty Ltd. 

"Continuous Shift worker" means an Employee engaged in an enterprise in which shifts are 

continuously rostered 24 hours per day, seven days per week and who is rostered regularly to 

work those shifts and works 'regularly' on Sundays and public holidays. 

"CPI'' means the annual percentage index of the comparison of the December quarter of the 

previous year to the recent past December quarter, for Perth; as published by the Australian 

Bureau of Statistics. 

McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 4 


1. TITLE This Agreement shall be known as the McDermott Australia Pty Ltd Offshore Decommissioning Greenfields Enterprise Agreement 2023 2. COMMENCEMENT AND DURATION OF AGREEMENT This Agreement shall commence seven days after it is approved by the Fair Work Commission and shall remain in force until 22 March 2026 (Nominal Expiry Date). After the Nominal Expiry Date, this Agreement will continue to operate until terminated or replaced. 3. APPLICATION OF AGREEMENT AND PARTIES COVERED This Agreement shall cover and apply to: 3.1. McDermott Australia Pty Ltd [ABN: 99 002 736 352] ("the Company"); and 3.2. Employees of the Company employed in a classification specified in Cl. 29 - Classifications, engaged to perform 'Decommissioning Work' in State or Commonwealth waters off the coast of Western Australia or the Northern Territory 3.3. Any employee organisation noted by the Fair Work Commission in its decision approving this Agreement. 4. DEFINITIONS "Act" means the Fair Work Act 2009 (Cth) "Casual" is an Employee engaged as such in accordance with the Act. "Company" or "Employer" means the Company being McDermott Australia Pty Ltd. "Continuous Shift worker" means an Employee engaged in an enterprise in which shifts are continuously rostered 24 hours per day, seven days per week and who is rostered regularly to work those shifts and works 'regularly' on Sundays and public holidays. "CPI" means the annual percentage index of the comparison of the December quarter of the previous year to the recent past December quarter, for Perth; as published by the Australian Bureau of Statistics. McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 4




 



"Decommissioning Work" means work undertaken during the final stage of an oil and gas 

asset's life where the asset is no longer in production; which includes shutting down, 

dismantling, demolition, removing an operational asset from use and any associated 

maintenance occurring while the process is being undertaken. 

"Demobilisation Shift" means the day the employee travels from the Offshore Facility to 

commence their Off-Duty Period. 

"Employee" means an employee of the Company to whom this Agreement applies. 

"Emergency or Pandemic Situation" means an emergency/situation declared under 

applicable emergency legislation or a directional order issued by an industry regulator (i.e. 

NOPSEMA) requiring an immediate coordinated response. 

"Mobilisation Shift" means the day the employee travels to the Offshore Facility to commence 

their On-Duty Period. 

"NES" means the National Employment Standards as per the Act. 

"Night Shift" means any shift scheduled to finish after midnight and at or before noon; except 

in the circumstances detailed in subclause 13.6. 

"Offshore Facility" or "Offshore Facilities" means the offshore site/s, installation/s, facility/s 

where Decommissioning Work is occurring. 

"Offshore Pay" means the amount paid when an Employee is considered to be working 

offshore which includes the applicable hourly rate of pay, applicable allowances and includes 

the Offshore Allowance. 

"Off-duty Period" means a period in a Work Cycle during which an Employee does not have 

rostered shifts. Days during an Off-duty Period are typically unpaid non-working days. The 

Off-duty Period shall commence on the day of demobilisation from the Offshore Facility. 

"Onshore Pay" means the amount paid when an Employee is considered to be working 

onshore which includes the base hourly rate of pay, applicable allowances and excludes the 

Offshore Allowance. 

"On-duty Period" means a period in a Work Cycle during which an Employee has rostered 

shifts, being either day or Night Shifts. The On-duty Period shall commence on the arrival at 

the Offshore Facility. 

McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 5 


"Decommissioning Work" means work undertaken during the final stage of an oil and gas asset's life where the asset is no longer in production; which includes shutting down, dismantling, demolition, removing an operational asset from use and any associated maintenance occurring while the process is being undertaken. "Demobilisation Shift" means the day the employee travels from the Offshore Facility to commence their Off-Duty Period. "Employee" means an employee of the Company to whom this Agreement applies. "Emergency or Pandemic Situation" means an emergency/situation declared under applicable emergency legislation or a directional order issued by an industry regulator (i.e. NOPSEMA) requiring an immediate coordinated response. "Mobilisation Shift" means the day the employee travels to the Offshore Facility to commence their On-Duty Period. "NES" means the National Employment Standards as per the Act. "Night Shift" means any shift scheduled to finish after midnight and at or before noon; except in the circumstances detailed in subclause 13.6. "Offshore Facility" or "Offshore Facilities" means the offshore site/s, installation/s, facility/s where Decommissioning Work is occurring. "Offshore Pay" means the amount paid when an Employee is considered to be working offshore which includes the applicable hourly rate of pay, applicable allowances and includes the Offshore Allowance. "Off-duty Period" means a period in a Work Cycle during which an Employee does not have rostered shifts. Days during an Off-duty Period are typically unpaid non-working days. The Off-duty Period shall commence on the day of demobilisation from the Offshore Facility. "Onshore Pay" means the amount paid when an Employee is considered to be working onshore which includes the base hourly rate of pay, applicable allowances and excludes the Offshore Allowance. "On-duty Period" means a period in a Work Cycle during which an Employee has rostered shifts, being either day or Night Shifts. The On-duty Period shall commence on the arrival at the Offshore Facility. McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 5




 



"Over Cycle" means hours worked on the Offshore Facility in addition to the Rostered Hours 

of Work. 

"Point of Assembly" or "POA'' means the Company appointed airport where the Employee 

boards the helicopter to travel to or from onshore to the Offshore Facility. 

"Point of Hire" or "POH" means either the POA airport, or the nearest capital city airport to 

the Employee's Usual Place of Residence when the Employee is employed by the Company. 

For avoidance of doubt, the POH will be stipulated in the Employee's Letter of Offer and will 

remain as this location unless changed by agreement by both the Company and the Employee. 

"Rostered Hours of Work" means the hours an Employee is scheduled to work on a particular 

shift during the Employee's On-duty Period which are made up of ordinary hours. 

"Swing" means the Employee's designated roster panel of On-duty Period of the Employee's 

Work Cycle. 

"Usual Place of Residence" or "UPR" means the location in Australia at which the Employee 

resides when they are not on the Offshore Facility which is notified to the Company by the 

Employee prior to employment and updated in accordance with this Agreement. 

"Work Cycle" means a period consisting of On-duty Period/sand an Off-duty Period/s where, 

except for Work Cycles introduced in an Emergency or Pandemic Situation, Over Cycle and 

not including mobilisation or demobilisation days which may be worked; the number of On­

duty days does not exceed the number of Off-duty days. 

5. NO EXTRA CLAIMS 

5 .1. It is a fundamental term of this Agreement that parties covered by this Agreement will 

not for so long as the Agreement remains within its nominal term: 

a) support or advance any other or extra claims; or 

b) threaten, organise or engage in any industrial action in support or connection with 
such extra claims or any other matter unless as provided for under the Act. 

6. OPERATION OF AGREEMENT 

6.1. If Decommissioning Work is scheduled to occur in the same work cycle to perform 

offshore construction work, the Employer agrees to pay the Employee at the established 

rates of pay outlined in Schedule 1 and Schedule 2 of this Agreement for the duration 

McDennott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 6 


"Over Cycle" means hours worked on the Offshore Facility in addition to the Rostered Hours of Work. "Point of Assembly" or "POA" means the Company appointed airport where the Employee boards the helicopter to travel to or from onshore to the Offshore Facility. "Point of Hire" or "POH" means either the POA airport, or the nearest capital city airport to the Employee's Usual Place of Residence when the Employee is employed by the Company. For avoidance of doubt, the POH will be stipulated in the Employee's Letter of Offer and will remain as this location unless changed by agreement by both the Company and the Employee. "Rostered Hours of Work" means the hours an Employee is scheduled to work on a particular shift during the Employee's On-duty Period which are made up of ordinary hours. "Swing" means the Employee's designated roster panel of On-duty Period of the Employee's Work Cycle. "Usual Place of Residence" or "UPR" means the location in Australia at which the Employee resides when they are not on the Offshore Facility which is notified to the Company by the Employee prior to employment and updated in accordance with this Agreement. "Work Cycle" means a period consisting of On-duty Period/s and an Off-duty Period/s where, except for Work Cycles introduced in an Emergency or Pandemic Situation, Over Cycle and not including mobilisation or demobilisation days which may be worked; the number of On- duty days does not exceed the number of Off-duty days. 5. NO EXTRA CLAIMS 5.1. It is a fundamental term of this Agreement that parties covered by this Agreement will not for so long as the Agreement remains within its nominal term: a) support or advance any other or extra claims; or b) threaten, organise or engage in any industrial action in support or connection with such extra claims or any other matter unless as provided for under the Act. 6. OPERATION OF AGREEMENT 6.1. If Decommissioning Work is scheduled to occur in the same work cycle to perform offshore construction work, the Employer agrees to pay the Employee at the established rates of pay outlined in Schedule 1 and Schedule 2 of this Agreement for the duration McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 6




 



of the Decommissioning Work. In any event, the Employer may provide for terms and 

conditions, in writing, prior to the Employee commencing their work cycle. 

1. To avoid doubt, the Employer will ensure that the varied terms and conditions 

will not, overall, result in the employee receiving less pay than they would 

have had the terms and conditions of this Agreement been applied to their 

work. 

ii. Overall (e.g. not a "cherry picking" basis) and on a holistic measure of 

entitlements, the Employees will be paid no less than the entitlements 

prescribed under this Agreement. 

6.2. No provision of the NES is displaced by this Agreement, other than to the extent 

permitted under the NES. Accordingly, the NES will continue to apply to the extent 

that any term of this Agreement is detrimental in any respect when compared to the 

NES. 

7. FLEXIBIILTY 

Enterprise Flexibility 

7.1. All Employees will carry out lawful directions and duties that are within the skill, 

competency and training of their respective classification provided the Employee is 

capable of performing the work in a safe manner. 

Individual Flexibility 

7.2. The Employer and Employee covered by this enterprise agreement may agree to make 

an individual flexibility arrangement to vary the effect of terms of the agreement if: 

a) the agreement deals with one or more of the following matters: 

i. arrangements about when work is performed; 

ii. allowances; and 

iii. leave loading. 

b) the arrangement meets the genuine needs of the Employer and Employee in 
relation to 1 or more of the matters mentioned in paragraph a); and 

c) the arrangement is genuinely agreed to by the Employer and Employee. 

7.3. The Employer must ensure that the terms of the individual flexibility arrangement: 

a) are about permitted matters under Section 172 of the Act; and 

b) are not unlawful terms under Section 194 of the Act; and 

McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 7 


of the Decommissioning Work. In any event, the Employer may provide for terms and conditions, in writing, prior to the Employee commencing their work cycle. i. To avoid doubt, the Employer will ensure that the varied terms and conditions will not, overall, result in the employee receiving less pay than they would have had the terms and conditions of this Agreement been applied to their work ii. Overall (e.g. not a "cherry picking" basis) and on a holistic measure of entitlements, the Employees will be paid no less than the entitlements prescribed under this Agreement. 6.2. No provision of the NES is displaced by this Agreement, other than to the extent permitted under the NES. Accordingly, the NES will continue to apply to the extent that any term of this Agreement is detrimental in any respect when compared to the NES. 7. FLEXIBIILTY Enterprise Flexibility 7.1. All Employees will carry out lawful directions and duties that are within the skill, competency and training of their respective classification provided the Employee is capable of performing the work in a safe manner. Individual Flexibility 7.2. The Employer and Employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: a) the agreement deals with one or more of the following matters: i. arrangements about when work is performed; ii. allowances; and iii. leave loading. b) the arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters mentioned in paragraph a); and c) the arrangement is genuinely agreed to by the Employer and Employee. 7.3. The Employer must ensure that the terms of the individual flexibility arrangement: a) are about permitted matters under Section 172 of the Act; and b) are not unlawful terms under Section 194 of the Act; and McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 7




 



c) result in the Employee being better off overall than the Employee would be if no 
arrangement was made. 

7.4. The Employer must ensure that the individual flexibility arrangement: 

a) is in writing; and 

b) includes the name of the Employer and Employee; and 

c) is signed by the Employer and Employee and if the Employee is under 18 years of 
age, signed by a parent or guardian of the Employee; and 

d) includes details of: 

i. the terms of the enterprise agreement that will be varied by the arrangement; 

and 

ii. how the arrangement will vary the effect of the terms; and 

iii. how the Employee will be better off overall in relation to the terms and 

conditions of his or her employment as a result of the arrangement; and 

e) states the day on which the arrangement commences. 

7.5. The Employer must give the Employee a copy of the individual flexibility arrangement 

within 14 days after it is agreed to. 

7.6. The Employer or Employee may terminate the individual flexibility arrangement: 

a) by giving no more than 28 days' written notice to the other party to the 
arrangement; or 

b) if the Employer and Employee agree in writing-at any time. 

8. CONSULTATION 

Consultation Clause Application 

8.1. The parties will consult as provided for in this clause when the Company: 

a) has made a definite decision to introduce a major change to production, program, 
organisation, structure or technology in relation to its enterprise that is likely to 
have a significant effect on the Employees; or 

b) proposes to introduce a change to the regular roster pattern or ordinary hours of 
work of Employees. 

Maior change 

8.2. For a major change referred to in 8.1 (a): 

a) the Employer must notify the relevant Employees and the unions covered by the 
Agreement of the decision to introduce the major change; and 

b) subclauses 8.3 to 8.9 apply. 

McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 8 


c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 7.4. The Employer must ensure that the individual flexibility arrangement: a) is in writing; and b) includes the name of the Employer and Employee; and c) is signed by the Employer and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and d) includes details of: i. the terms of the enterprise agreement that will be varied by the arrangement; and ii. how the arrangement will vary the effect of the terms; and iii. how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and e) states the day on which the arrangement commences. 7.5. The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 7.6. The Employer or Employee may terminate the individual flexibility arrangement: a) by giving no more than 28 days' written notice to the other party to the arrangement; or b) if the Employer and Employee agree in writing-at any time. 8. CONSULTATION Consultation Clause Application 8.1. The parties will consult as provided for in this clause when the Company: a) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the Employees; or b) proposes to introduce a change to the regular roster pattern or ordinary hours of work of Employees. Major change 8.2. For a major change referred to in 8.1 (a): a) the Employer must notify the relevant Employees and the unions covered by the Agreement of the decision to introduce the major change; and b) subclauses 8.3 to 8.9 apply. McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 8




 



8.3. The relevant Employees may appoint a representative for the purposes of the procedures 

in this term. 

8.4. If: 

a) a relevant Employee appoints, or relevant Employees appoint, a representative for 
the purposes of consultation; and 

b) the Employee or Employees advise the Employer of the identity of the 
representative, the Employer must recognise the representative. 

8.5. As soon as practicable after making its decision, the Employer must: 

a) discuss with the relevant Employees: 

i. the introduction of the change; 

ii. and the effect the change is likely to have on the Employees; and 

iii. measures the Employer Is taking to avert or mitigate the adverse effect of the 

change on the Employees; and 

b) for the purposes of the discussion-provide, in writing, to the relevant Employees: 

i. all relevant information about the change including the nature of the change 

proposed; and 

ii. information about the expected effects of the change on the Employees; and 

iii. any other matters likely to affect the Employees. 

8.6. However, the Employer is not required to disclose confidential or commercially 

sensitive infonnation to the relevant Employees. 

8.7. The Company must give prompt and genuine consideration to matters raised about the 

major change by the relevant Employees. 

8.8. If a term in this agreement provides for a major change to production, program, 

organisation, 

structure or technology in relation to the enterprise of the Employer, the requirements 

set out in paragraph 8.2(a) and subclauses 8.3 and 8.5 are taken not to apply. 

8.9. In this term, a major change is likely to have a significant effect on Employees if it 

results in: 

a) the termination of the employment of Employees; or 

b) major change to the composition, operation, or size of the Employer's workforce 
or to the skills required of Employees; or 

c) the elimination or diminution of job opportunities (including opportunities for 
promotion or tenure); or 

McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 9 


8.3. The relevant Employees may appoint a representative for the purposes of the procedures in this term. 8.4. If: a) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and b) the Employee or Employees advise the Employer of the identity of the representative, the Employer must recognise the representative. 8.5. As soon as practicable after making its decision, the Employer must: a) discuss with the relevant Employees: i. the introduction of the change; ii. and the effect the change is likely to have on the Employees; and iii. measures the Employer Is taking to avert or mitigate the adverse effect of the change on the Employees; and b) for the purposes of the discussion-provide, in writing, to the relevant Employees: i. all relevant information about the change including the nature of the change proposed; and ii. information about the expected effects of the change on the Employees; and iii. any other matters likely to affect the Employees. 8.6. However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees. 8.7. The Company must give prompt and genuine consideration to matters raised about the major change by the relevant Employees. 8.8 If a term in this agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Employer, the requirements set out in paragraph 8.2(a) and subclauses 8.3 and 8.5 are taken not to apply. 8.9. In this term, a major change is likely to have a significant effect on Employees if it results in: a) the termination of the employment of Employees; or b) major change to the composition, operation, or size of the Employer's workforce or to the skills required of Employees; or c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 9




 



d) the alteration of hours of work; or 

e) the need to retrain Employees; or 

f) the need to relocate Employees to another workplace; 

g) or the restructuring of jobs. 

h) change to regular roster or ordinary hours of work. 

8 .10. For a change referred to in paragraph 8 .1. b): 

a) the Employer must notify the relevant Employees of the proposed change; and 

b) subclauses 8.11 to 8.15 apply. 

8.11. The relevant Employees may appoint a representative for the purposes of the procedures 

in this term. 

If: 

a) a relevant Employee appoints, or relevant Employees appoint, a representative for 
the purposes of consultation; and 

b) the Employee or Employees advise the Employer of the identity of the 
representative, 

the Employer must recognise the representative. 

8.12. As soon as practicable after proposing to introduce the change, the Employer must: 

a) discuss with the relevant Employees the introduction of the change; and 

b) for the purposes of the discussion-provide to the relevant Employees: 

i. all relevant information about the change, including the nature of the change; 

and 

ii. information about what the Employer reasonably believes will be the effects 

of the change on the Employees; and 

iii. information about any other matters that the Employer reasonably believes 

are likely to affect the Employees; and 

c) invite the relevant Employees to give their views about the impact of the change 
(including any impact in relation to their family or caring responsibilities). 

8.13. However, the Employer is not required to disclose confidential or commercially 

sensitive information to the relevant Employees 

8.14. The Employer must give prompt and genuine consideration to matters raised about the 

change by the relevant Employees. 

McDennott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 10 


d) the alteration of hours of work; or e) the need to retrain Employees; or f) the need to relocate Employees to another workplace; g) or the restructuring of jobs. h) change to regular roster or ordinary hours of work. 8.10. For a change referred to in paragraph 8.1.b): a) the Employer must notify the relevant Employees of the proposed change; and b) subclauses 8.11 to 8.15 apply. 8.11. The relevant Employees may appoint a representative for the purposes of the procedures in this term. If: ) a relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation; and b) the Employee or Employees advise the Employer of the identity of the representative, the Employer must recognise the representative. 8.12. As soon as practicable after proposing to introduce the change, the Employer must: a) discuss with the relevant Employees the introduction of the change; and b) for the purposes of the discussion-provide to the relevant Employees: i. all relevant information about the change, including the nature of the change; and ii. information about what the Employer reasonably believes will be the effects of the change on the Employees; and iii. information about any other matters that the Employer reasonably believes are likely to affect the Employees; and c) invite the relevant Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). 8.13. However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees 8.14. The Employer must give prompt and genuine consideration to matters raised about the change by the relevant Employees. McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 10




 



8.15. In this term "relevant Employees" means the Employees who may be affected by a 

change referred to in sub clause 8 .1. 

Consultative Committee 

8.16. The Company and the Employees may form a Consultative Committee to assist the 

parties in the implementation of initiatives consistent with the objectives and the intent 

of this Agreement. The Consultative Committee shall consist of management 

representatives and elected Employee representatives. 

8.17. The makeup of the Consultative Committee will be designed to meet business 

requirements and provide coverage of the majority of Employees. The Consultative 

Committee shall include no more than three (3) elected Employee representatives per 

Offshore Facility and up to an equivalent number of management members. 

8.18. The function of the committee is to: 

• Support cooperation between the Company and the Employees; 

• Encourage facilitation on high level employment related matters; and 

• Consult with Employees on any proposed major change. 

Consultative Committee Meeting (CCM) 

8.19. A CCM shall be held at an agreed frequency where management and the appointed 

Employee representatives can meet to discuss an agreed agenda. 

8.20. Employee representative's attendance at these meetings will be at paid time at the 

applicable Onshore or Offshore Pay and if attended during the Off-duty Period will be 

paid as a meeting in accordance with Cl. 24. 

8.21. Other than Employee wellbeing initiatives, issues relating to occupational health and 

safety shall not be brought to the CCM. 

8.22. Where requested, to communicate CCM outcomes a regular schedule of meetings 

between Employee representatives and Employees may be scheduled provided these 

meetings are of no more than one hour per month and are approved by the Client. 

Employee Representatives 

8.23. 8.23 The Employees will be responsible for the identification process of the appointed 

Employee representatives on the basis that it is a fair and reasonable process. An 

Employee elected as a 'Employee Representative' will be recognised by the Company 

once it is put forward by the Employee group. 

McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 11 


8.15. In this term "relevant Employees" means the Employees who may be affected by a change referred to in subclause 8.1. Consultative Committee 8.16. The Company and the Employees may form a Consultative Committee to assist the parties in the implementation of initiatives consistent with the objectives and the intent of this Agreement. The Consultative Committee shall consist of management representatives and elected Employee representatives. 8.17. The makeup of the Consultative Committee will be designed to meet business requirements and provide coverage of the majority of Employees. The Consultative Committee shall include no more than three (3) elected Employee representatives per Offshore Facility and up to an equivalent number of management members. 8.18. The function of the committee is to: · Support cooperation between the Company and the Employees; . Encourage facilitation on high level employment related matters; and . Consult with Employees on any proposed major change. Consultative Committee Meeting (CCM ) 8.19. A CCM shall be held at an agreed frequency where management and the appointed Employee representatives can meet to discuss an agreed agenda. 8.20. Employee representative's attendance at these meetings will be at paid time at the applicable Onshore or Offshore Pay and if attended during the Off-duty Period will be paid as a meeting in accordance with Cl. 24. 8.21. Other than Employee wellbeing initiatives, issues relating to occupational health and safety shall not be brought to the CCM. 8.22. Where requested, to communicate CCM outcomes a regular schedule of meetings between Employee representatives and Employees may be scheduled provided these meetings are of no more than one hour per month and are approved by the Client. Employee Representatives 8.23. 8.23 The Employees will be responsible for the identification process of the appointed Employee representatives on the basis that it is a fair and reasonable process. An Employee elected as a 'Employee Representative' will be recognised by the Company once it is put forward by the Employee group. McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 11




 



8.24. 8.24 An Employee representative shall be permitted reasonable time during working 

hours to carry out their representative role but shall not leave their place of work without 

first obtaining permission from their immediate supervisor. This sub-clause does not 

relieve the Employee Representative of any obligations or duties imposed on them by 

being an Employee of the Company. 

Employee Representative Training 

8.25. Each calendar year, the Company will pennit up to three (3) Employee Representatives 

per Offshore Facility to attend paid training time during their Off-duty Period for no 

more than three (3) x 7.6-hour days to assist the Employee Representatives to undertake 

their Employee Representative role. 

8.26. The Company may assist arranging relevant training or relevant training may be 

organised by the Employee Representative. Where the Company provides the training, 

the Company will pay for the cost of training and training time. Where the Employee 

organises their own appropriate training, the Company will pay training time only. 

Payment for training time will be as provided for in Cl 24. 

8.27. Payment for relevant training in each calendar year will be made in the next pay period 

once reasonable evidence of attendance and applicable training time is provided. 

9. DISPUTES SETTELMENT PROCEDURE 

9 .1. If a dispute relates to: 

a) a matter arising under this Agreement; or 

b) the National Employment Standards; 

this clause sets out procedures to settle the dispute. 

9.2. Parties to a dispute under this clause may be represented by any representative of 

their choice at any stage of this procedure. 

9.3. Level 1: In the first instance, an attempt must be made to settle the dispute through 

discussion on the job between the affected Employee(s) and their immediate 

Supervisor. If the matter involves the Supervisor, in the first instance, the matter 

can be raised at Level 2. 

9.4. Level 2: If the dispute is not resolved at Level 1, it will be further discussed 

between the affected Employee(s) and the appropriate Superintendent. If the 

matter involves the Superintendent, in the first instance, the matter can be raised 

McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 12 


8.24. 8.24 An Employee representative shall be permitted reasonable time during working hours to carry out their representative role but shall not leave their place of work without first obtaining permission from their immediate supervisor. This sub-clause does not relieve the Employee Representative of any obligations or duties imposed on them by being an Employee of the Company. Employee Representative Training 8.25. Each calendar year, the Company will permit up to three (3) Employee Representatives per Offshore Facility to attend paid training time during their Off-duty Period for no more than three (3) x 7.6-hour days to assist the Employee Representatives to undertake their Employee Representative role. 8.26. The Company may assist arranging relevant training or relevant training may be organised by the Employee Representative. Where the Company provides the training, the Company will pay for the cost of training and training time. Where the Employee organises their own appropriate training, the Company will pay training time only. Payment for training time will be as provided for in Cl 24. 8.27. Payment for relevant training in each calendar year will be made in the next pay period once reasonable evidence of attendance and applicable training time is provided. 9. DISPUTES SETTELMENT PROCEDURE 9.1. If a dispute relates to: a) a matter arising under this Agreement; or b) the National Employment Standards; this clause sets out procedures to settle the dispute. 9.2. Parties to a dispute under this clause may be represented by any representative of their choice at any stage of this procedure. 9.3. Level 1: In the first instance, an attempt must be made to settle the dispute through discussion on the job between the affected Employee(s) and their immediate Supervisor. If the matter involves the Supervisor, in the first instance, the matter can be raised at Level 2. 9.4. Level 2: If the dispute is not resolved at Level 1, it will be further discussed between the affected Employee(s) and the appropriate Superintendent. If the matter involves the Superintendent, in the first instance, the matter can be raised McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 12




 



at level 3. Where no superintendents are employed, Level 2 will be refeITed to 

the appropriate Project or Contract Manager. 

9.5. Level 3: If the dispute is not resolved at Level 2, it will be further discussed between 

the affected Employee(s) and the Project Manager or Project Director should 

Project Manager be Level 2. If the discussions at this level do not resolve the 

dispute, a party to the dispute may refer the matter to the Fair Work Commission. 

9.6. Level 4: The Fair Work Commission may deal with the dispute in 2 stages: 

a) the Fair Work Commission will first attempt to resolve the dispute as it 

considers appropriate, including by mediation, conciliation, expressing an 

opinion or making a recommendation; and 

b) if the Fair Work Commission is unable to resolve the dispute at the first 

stage, the Fair Work Commission may then: 

1. arbitrate the dispute; and 

2. make a determination that is binding on the parties. 

Note: If Fair Work Commission arbitrates the dispute, it may also use the powers that 
are available to it under the Act. A decision that Fair Work Commission makes 
when arbitrating a dispute is a decision for the purpose ofDiv 3 of Part 5.1 of 
the Act. Therefore, an appeal may be made against the decision. 

9.7. While the parties are trying to resolve the dispute using the procedures in this term: 

a) an Employee must continue to perform his or her work as he or she would 
normally unless he or she has a reasonable concern about an imminent risk 
to his or her health or safety; and 

b) an Employee must comply with a direction given by the Employer to perform 
other available work at the same workplace, or at another workplace, unless: 

i. the work is not safe; or 

ii. applicable occupational health and safety legislation would not permit 

the work to be performed; or 

iii. the work is not within the skill, competency and training of the 

Employee's respective classification. 

9.8. The parties to the dispute agree to be bound by a decision made by Fair Work 

Commission in accordance with this term, subject to any appeal rights. 

10. COUNSELLING AND DISCIPLINARY PROCEDURE 

McDennott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 13 


at level 3. Where no superintendents are employed, Level 2 will be referred to the appropriate Project or Contract Manager. 9.5. Level 3: If the dispute is not resolved at Level 2, it will be further discussed between the affected Employee(s) and the Project Manager or Project Director should Project Manager be Level 2. If the discussions at this level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission. 9.6. Level 4: The Fair Work Commission may deal with the dispute in 2 stages: a) the Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and b) if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then: 1. arbitrate the dispute; and 2. make a determination that is binding on the parties. Note: If Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. A decision that Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision. 9.7. While the parties are trying to resolve the dispute using the procedures in this term: a) an Employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and b) an Employee must comply with a direction given by the Employer to perform other available work at the same workplace, or at another workplace, unless: i. the work is not safe; or ii. applicable occupational health and safety legislation would not permit the work to be performed; or iii. the work is not within the skill, competency and training of the Employee's respective classification. 9.8. The parties to the dispute agree to be bound by a decision made by Fair Work Commission in accordance with this term, subject to any appeal rights. 10. COUNSELLING AND DISCIPLINARY PROCEDURE McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 13




 



10.1. Following an investigation, where the Company has detennined misconduct has 

occurred, the following disciplinary process will be applied. The application of this 

procedure together with the circumstances and the severity of each case, will determine 

the appropriate step/s to be taken with respect to an Employee by the Company. 

10.2. The relevant steps are: 

Step 1. An Employee may be verbally counselled. Where requested by the Employee, 

the counselling will be in the presence of an Employee representative or support person. 

Written notice of the verbal counselling will be provided to the Employee and a copy 

will be placed on the Employee's file. 

Step 2. An Employee may be counselled in the form of a written warning. Where 

requested by the Employee, the counselling will be in the presence of a representative 

or support person and the warning will be confirmed in writing. A copy of the warning 

will be provided to the Employee and placed on the Employee's file. 

Step 3. An Employee may be issued a final written warning. Where requested by the 

Employee, the Company representative will conduct the counselling in the presence of 

a representative or support person and the final warning will be confirmed in writing, 

and the Employee will be advised that dismissal may result from any further acts of 

misconduct. A copy of the warning will be provided to the Employee and placed on the 

Employee's file. 

10.3. A Step 3 warning will be only issued where the Employee has: 

• received a previous warning or warnings; or 

• engaged in serious or wilful misconduct that does not warrant termination. 

10.4. The role of the representative or support person requested by an Employee to be present 

under this clause is to act in a confidential and objective manner. The Employee will be 

responsible to ensure this occurs. The representative or support person may ask 

questions regarding the process and speak to the Company representative during the 

process, however it is not the representative or support person's role to disrupt the 

process, to directly speak for the Employee or to answer questions on behalf of the 

Employee. The representative or support person may make reasonable requests for 

breaks during the disciplinary process to speak privately with the Employee. 

McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 14 


10.1. Following an investigation, where the Company has determined misconduct has occurred, the following disciplinary process will be applied. The application of this procedure together with the circumstances and the severity of each case, will determine the appropriate step/s to be taken with respect to an Employee by the Company. 10.2. The relevant steps are: Step 1. An Employee may be verbally counselled. Where requested by the Employee, the counselling will be in the presence of an Employee representative or support person. Written notice of the verbal counselling will be provided to the Employee and a copy will be placed on the Employee's file. Step 2. An Employee may be counselled in the form of a written warning. Where requested by the Employee, the counselling will be in the presence of a representative or support person and the warning will be confirmed in writing. A copy of the warning will be provided to the Employee and placed on the Employee's file. Step 3. An Employee may be issued a final written warning. Where requested by the Employee, the Company representative will conduct the counselling in the presence of a representative or support person and the final warning will be confirmed in writing, and the Employee will be advised that dismissal may result from any further acts of misconduct. A copy of the warning will be provided to the Employee and placed on the Employee's file. 10.3. A Step 3 warning will be only issued where the Employee has: · received a previous warning or warnings; or · engaged in serious or wilful misconduct that does not warrant termination. 10.4. The role of the representative or support person requested by an Employee to be present under this clause is to act in a confidential and objective manner. The Employee will be responsible to ensure this occurs. The representative or support person may ask questions regarding the process and speak to the Company representative during the process, however it is not the representative or support person's role to disrupt the process, to directly speak for the Employee or to answer questions on behalf of the Employee. The representative or support person may make reasonable requests for breaks during the disciplinary process to speak privately with the Employee. McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 14




 



10.5. Where no further warnings are issued in the proceeding twelve (12) months, any 

remaining written warnings under Steps 1, 2, or 3 will not be used or referred to. If 

requested by the Employee these will be removed from the Employee's personnel file. 

10.6. Where the Employee disputes the legitimacy of the verbal or written warning, the matter 

will be dealt with in accordance with the dispute settlement procedure, provided that 

the dispute is raised by the Employee within 7 days of the warning being issued. 

10.7. Nothing in this clause limits or regulates the process or decision of the Company to 

terminate the employment of an Employee. 

11. CONTRACT OF EMPLOYMENT 

Pre-employment Training and Inductions 

11.1. Prior to or at the commencement of employment, candidates may be required to 

undertake pre-employment training, verification of competency, medical examinations, 

drug and alcohol screening and demonstration of compliance with legislative 

requirements as part of the employment process. 

11.2. As part of the onboarding process Employees may be required to undertake Client and 

or Company specified inductions, which may include an online component. Employees, 

who complete inductions as part of their preparation for mobilisation will be paid for 

inductions at the Onshore Pay ( as per Cl.24) provided they mobilise to the Offshore 

Facility. Where there is an online induction completed in the candidate's own time, the 

Employee will receive payment for the Company allocated induction time to the 

applicable online learning module at the Onshore Pay. Company allocated time may be 

more or less than actual time taken, and no additional time will be paid. The Company 

allocated time will be a time calculated on the basis of the time it would take a 

reasonable person to complete a particular unit of training. 

Employment - Casual 

11.3. A casual Employee may be employed at any time and their period of employment may 

vary with each engagement. 

11 .4. A Casual Employee will be engaged as such, by the hour and ongoing work is not 

guaranteed. A Casual Employee will be paid the flat Hourly Rate of Pay provided for 

in SCH.1(2) for each hour worked. The Hourly Rate of Pay for a Casual Employee 

includes a casual loading of 15% of the base rate, paid as compensation for paid annual 

leave, paid personal/carer's leave, community service leave, notice of termination, 

McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 15 


10.5. Where no further warnings are issued in the proceeding twelve (12) months, any remaining written warnings under Steps 1, 2, or 3 will not be used or referred to. If requested by the Employee these will be removed from the Employee's personnel file. 10.6. Where the Employee disputes the legitimacy of the verbal or written warning, the matter will be dealt with in accordance with the dispute settlement procedure, provided that the dispute is raised by the Employee within 7 days of the warning being issued. 10.7. Nothing in this clause limits or regulates the process or decision of the Company to terminate the employment of an Employee. 11. CONTRACT OF EMPLOYMENT Pre-employment Training and Inductions 11.1. Prior to or at the commencement of employment, candidates may be required to undertake pre-employment training, verification of competency, medical examinations, drug and alcohol screening and demonstration of compliance with legislative requirements as part of the employment process. 11.2. As part of the onboarding process Employees may be required to undertake Client and or Company specified inductions, which may include an online component. Employees, who complete inductions as part of their preparation for mobilisation will be paid for inductions at the Onshore Pay (as per C1.24) provided they mobilise to the Offshore Facility. Where there is an online induction completed in the candidate's own time, the Employee will receive payment for the Company allocated induction time to the applicable online learning module at the Onshore Pay. Company allocated time may be more or less than actual time taken, and no additional time will be paid. The Company allocated time will be a time calculated on the basis of the time it would take a reasonable person to complete a particular unit of training. Employment - Casual 11.3. A casual Employee may be employed at any time and their period of employment may vary with each engagement. 11.4. A Casual Employee will be engaged as such, by the hour and ongoing work is not guaranteed. A Casual Employee will be paid the flat Hourly Rate of Pay provided for in SCH.1(2) for each hour worked. The Hourly Rate of Pay for a Casual Employee includes a casual loading of 15% of the base rate, paid as compensation for paid annual leave, paid personal/carer's leave, community service leave, notice of termination, McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 15




 



redundancy benefits and public holidays not worked, and all other entitlements 

normally reserved for full time/ permanent employees. Tennination of Employment 

11.5. Either party may terminate the Employee's engagement by giving the required notice 

period in writing or payment in lieu of notice except in the case of a summary dismissal. 

The required notice period for both parties shall be 12 hours. 

11.6. Where an Employee is summarily dismissed by the Company, the Employee is not 

entitled to notice. 

11. 7. In calculating the payment in lieu of notice the Company shall pay the Employee the 

wages and allowances they would have earned for the period of notice had their 

engagement not been terminated. 

11.8. If an Employee's engagement is ended while offshore, the Employee shall be provided 

with transport back to the Point of Hire. 

12. ROSTERED HOURS OF WORK AND WORK CYCLES 

Ordinary Hours of Work 

12.1. The ordinary hours of work will be the average of up to 45 hours per week and may be 

averaged over a 52-week period. The ordinary hours for current established Work 

Cycles are detailed in sub-clause 12.4. 

Offehore Shift Duration 

12.2. Excluding hours worked by an Employee on a Mobilisation or Demobilisation Shift the 

Rostered Hours of Work for an offshore day shift or Night Shift on the Offshore Facility 

shall be 12 hours per shift. However, an Employee may be required to work beyond the 

Rostered Hours of Work. Where an Employee works beyond the Rostered Hours of 

Work, the additional hours will be treated and paid as Over Cycle. 

Work Cycles 

12.3. Excluding engagements provided for in subclause 12.5, work Offshore is carried out on 

the basis of a Work Cycle consisting of an On-Duty Period followed by an Off-duty 

Period. The On-duty Period working time consists of ordinary hours, and if worked, 

Over Cycle. The Off-duty Period shall be an unpaid non-worked period in the form of 

rest and recreation (R&R) except as provided for in this Agreement. 

12.4. The current established Work Cycles are: 

a) 6-week Work Cycle (even time) of: 

► Mobilisation Shift (inclusive of day work or Ix worked Night Shift) 

McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 16 






 redundancy benefits and public holidays not worked, and all other entitlements normally reserved for full time/ permanent employees. Termination of Employment 11.5. Either party may terminate the Employee's engagement by giving the required notice period in writing or payment in lieu of notice except in the case of a summary dismissal. The required notice period for both parties shall be 12 hours. 11.6. Where an Employee is summarily dismissed by the Company, the Employee is not entitled to notice. 11.7. In calculating the payment in lieu of notice the Company shall pay the Employee the wages and allowances they would have earned for the period of notice had their engagement not been terminated. 11.8. If an Employee's engagement is ended while offshore, the Employee shall be provided with transport back to the Point of Hire. 12. ROSTERED HOURS OF WORK AND WORK CYCLES Ordinary Hours of Work 12.1. The ordinary hours of work will be the average of up to 45 hours per week and may be averaged over a 52-week period. The ordinary hours for current established Work Cycles are detailed in sub-clause 12.4. Offshore Shift Duration 12.2. Excluding hours worked by an Employee on a Mobilisation or Demobilisation Shift the Rostered Hours of Work for an offshore day shift or Night Shift on the Offshore Facility shall be 12 hours per shift. However, an Employee may be required to work beyond the Rostered Hours of Work. Where an Employee works beyond the Rostered Hours of Work, the additional hours will be treated and paid as Over Cycle. Work Cycles 12.3. Excluding engagements provided for in subclause 12.5, work Offshore is carried out on the basis of a Work Cycle consisting of an On-Duty Period followed by an Off-duty Period. The On-duty Period working time consists of ordinary hours, and if worked, Over Cycle. The Off-duty Period shall be an unpaid non-worked period in the form of rest and recreation (R&R) except as provided for in this Agreement. 12.4. The current established Work Cycles are: a) 6-week Work Cycle (even time) of:  Mobilisation Shift (inclusive of day work or 1x worked Night Shift) McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 16 



► 20 x worked day or Night Shifts 

► Demobilisation Shift (inclusive of day work or Night Shift demobilisation) 

► 20 x days Off-duty Period; 

consisting of a total of 264 offshore Rostered Hours of Work per completed 

Work Cycle. 

b) 4-week Work Cycle ( even time) of: 

► Mobilisation Shift (inclusive of day work or 1 x worked Night Shift) 

► 13 x worked day or Night Shifts 

► Demobilisation Shift (inclusive of day work or Night Shift demobilisation) 

► 13 x days Off-Duty Period; 

consisting of a total of 180 offshore Rostered Hours of Work per completed 

Work Cycle. 

c) 15-week Work Cycle (40% Roster) of: 

► Mobilisation Shift (inclusive of day work or 1 x worked Night Shift) 

► 20 x worked day or Night Shifts 

► Demobilisation Shift (inclusive of day work or Night Shift demobilisation) 

► 27 x days Off-duty Period 

► Mobilisation Shift (inclusive of day work or 1 x worked Night Shift) 

► 20 x worked day or Night Shifts 

► Demobilisation Shift (inclusive of day work or Night Shift demobilisation) 

► 34 x days Off-Duty Period; 

consisting of a total of 528 offshore Rostered Hours of Work per completed 

Work Cycle. 

d) 10-week Work Cycle (40% Roster) of: 

► Mobilisation Shift (inclusive of day work or 1 x worked Night Shift) 

► 13 x worked day or Night Shifts 

► Demobilisation Shift (inclusive of day work or demobilisation) 

► 13 x days Off-duty Period 

► Mobilisation Shift (inclusive of day work or 1 x worked Night Shift) 

► 13 x worked day or Night Shifts 

► Demobilisation Shift (inclusive of day work or demobilisation) 

► 27 x days Off-Duty Period; 

McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 17 






  20 x worked day or Night Shifts  Demobilisation Shift (inclusive of day work or Night Shift demobilisation)  20 x days Off-duty Period; consisting of a total of 264 offshore Rostered Hours of Work per completed Work Cycle. b) 4-week Work Cycle (even time) of:  Mobilisation Shift (inclusive of day work or 1 x worked Night Shift)  13 x worked day or Night Shifts  Demobilisation Shift (inclusive of day work or Night Shift demobilisation)  13 x days Off-Duty Period; consisting of a total of 180 offshore Rostered Hours of Work per completed Work Cycle. c) 15-week Work Cycle (40% Roster) of:  Mobilisation Shift (inclusive of day work or 1 x worked Night Shift)  20 x worked day or Night Shifts  Demobilisation Shift (inclusive of day work or Night Shift demobilisation)  27 x days Off-duty Period  Mobilisation Shift (inclusive of day work or 1 x worked Night Shift)  20 x worked day or Night Shifts  Demobilisation Shift (inclusive of day work or Night Shift demobilisation)  34 x days Off-Duty Period; consisting of a total of 528 offshore Rostered Hours of Work per completed Work Cycle. d) 10-week Work Cycle (40% Roster) of:  Mobilisation Shift (inclusive of day work or 1 x worked Night Shift)  13 x worked day or Night Shifts  Demobilisation Shift (inclusive of day work or demobilisation)  13 x days Off-duty Period  Mobilisation Shift (inclusive of day work or 1 x worked Night Shift)  13 x worked day or Night Shifts  Demobilisation Shift (inclusive of day work or demobilisation)  27 x days Off-Duty Period; McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 17 



consisting of a total of 360 offshore Rostered Hours of Work per completed 

Work Cycle. 

12.5. Employees who are engaged for short durations or ad-hoe work may not be required to 

work a designated Work Cycle. The guiding principle for the Company engaging 

Employees who are not working a designated Work Cycle will be: 

• Engagements are for short tenn project, campaign or ad-hoe work 

requirements ( e.g. cover); and 

• An Employee will not work more than 50% of the available shifts in any 

given 6-month period; and 

• Shift allocation will take into consideration fatigue management and the 

need for reasonable rest and recreation. 

Mobilisation and Demobilisation Shifts 

12.6. Where an Employee mobilises to the Offshore Facility on a Mobilisation Shift (i.e. part 

worked day shift or full worked Night Shift) the Employee will be paid one full shift 

( 12 hours), inclusive of time worked, at the applicable day or Night Shift rate of pay for 

that Mobilisation Shift. 

12.7. Where an Employee is working Day Shift on the Offshore Facility and is on a 

Demobilisation Shift, the Employee will be paid one full shift (12 hours) at the 

applicable Day Shift Offshore pay for that shift. Day shift employees may be required 

to work during a Demobilisation Shift and the payment for time worked will be included 

as part of the shift payment made for that Demobilisation Shift. 

12.8. Where an Employee is working Night Shift on the Offshore Facility and the following 

day is a Demobilisation Shift, the Employee will be paid one full shift (12 hours) at the 

applicable Day Shift Offshore Pay for that Demobilisation Shift. 

12.9. Except as stated in Clause 15 (Travel), time paid on Mobilisation and Demobilisation 

Shifts detailed in subclause 12.6, 12.7 and 12.8 is paid in lieu of all payment for 

travelling and travelling time undertaken between the Offshore Facility and the Point 

of Hire. 

12.10. The unworked time paid on a Mobilisation Shift and Demobilisation Shift shall be paid 

as Rostered Hours of Work. 

Standby 

12.11. In circumstances where an Employee has been demobilised to the Point of Assembly 

and is held there during an On-Duty Period, except as stated elsewhere m this 

McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 18 


consisting of a total of 360 offshore Rostered Hours of Work per completed Work Cycle. 12.5. Employees who are engaged for short durations or ad-hoc work may not be required to work a designated Work Cycle. The guiding principle for the Company engaging Employees who are not working a designated Work Cycle will be: Engagements are for short term project, campaign or ad-hoc work requirements (e.g. cover); and . An Employee will not work more than 50% of the available shifts in any given 6-month period; and . Shift allocation will take into consideration fatigue management and the need for reasonable rest and recreation. Mobilisation and Demobilisation Shifts 12.6. Where an Employee mobilises to the Offshore Facility on a Mobilisation Shift (i.e. part worked day shift or full worked Night Shift) the Employee will be paid one full shift (12 hours), inclusive of time worked, at the applicable day or Night Shift rate of pay for that Mobilisation Shift. 12.7. Where an Employee is working Day Shift on the Offshore Facility and is on a Demobilisation Shift, the Employee will be paid one full shift (12 hours) at the applicable Day Shift Offshore pay for that shift. Day shift employees may be required to work during a Demobilisation Shift and the payment for time worked will be included as part of the shift payment made for that Demobilisation Shift. 12.8. Where an Employee is working Night Shift on the Offshore Facility and the following day is a Demobilisation Shift, the Employee will be paid one full shift (12 hours) at the applicable Day Shift Offshore Pay for that Demobilisation Shift. 12.9. Except as stated in Clause 15 (Travel), time paid on Mobilisation and Demobilisation Shifts detailed in subclause 12.6, 12.7 and 12.8 is paid in lieu of all payment for travelling and travelling time undertaken between the Offshore Facility and the Point of Hire. 12.10. The unworked time paid on a Mobilisation Shift and Demobilisation Shift shall be paid as Rostered Hours of Work. Standby 12.11. In circumstances where an Employee has been demobilised to the Point of Assembly and is held there during an On-Duty Period, except as stated elsewhere in this McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 18




 



Agreement, the Employee will be paid their Rostered Hours of Work at the Onshore 

Pay. 

12.12. In circumstances where an Employee is unable to mobilise or has been demobilised to 

their Point of Hire or Perth and is held on 'standby' during an On-Duty Period with the 

expectation they are ready, willing and able to mobilise, except as stated otherwise in 

this Agreement, the Employee will be paid 7.6 hours for each On-duty rostered shift at 

the Onshore Pay. Should an Employee be on standby for an entire Swing, the 

Demobilisation Shift will be unpaid. Nothing in this subclause prevents the company 

from ending an engagement by providing the required notice. 

12.13. In circumstances where an Employee is placed on standby, and when asked by the 

Company to mobilise and is unable to, the period of Standby will be unpaid. 

12.14. In lieu of a 'standby', the Company may require an Employee to undertake onshore 

training or alternative duties where the Employee will be paid at the Onshore Pay. For 

clarity, any paid hour for training or alternative duties is paid in lieu of a paid hour for 

standby and should the alternative training/work not cover the duration of standby 

hours, the Employee will be paid the outstanding hours as standby. 

Work Cycle Change & Emergency or Pandemic Situations 

12.15. Except in the case of an Emergency or Pandemic Situation, the Company may introduce 

a roster change after it has provided a full Work Cycle of notice to Employees and has 

consulted with affected Employees in accordance with the Consultation Clause 8 of this 

Agreement as may be necessary about such a Work Cycle change. Under this clause the 

Company will not introduce a new Work Cycle where the On-duty Period is more than 

22 shifts (excluding Mobilisation and Demobilisation Shifts) worked in a row unless 

the Company has agreement with the majority of affected Employees at the time of the 

roster change. 

12.16. The On-duty hours of work for an Employee working offshore will commence when 

the Employee has arrived at the Offshore Facility and commenced their Rostered Hours 

of Work. On-duty hours of work will cease when the Employee completes their 

designated Rostered Hours of Work prior to departing the Offshore Facility. 

12.17. In the case of an Emergency or Pandemic Situation the Company may vary or suspend 

any roster arrangement immediately. In circumstances where the Company introduce a 

new Work Cycle to manage an Emergency or Pandemic Situation: 

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Agreement, the Employee will be paid their Rostered Hours of Work at the Onshore Pay. 12.12. In circumstances where an Employee is unable to mobilise or has been demobilised to their Point of Hire or Perth and is held on 'standby' during an On-Duty Period with the expectation they are ready, willing and able to mobilise, except as stated otherwise in this Agreement, the Employee will be paid 7.6 hours for each On-duty rostered shift at the Onshore Pay. Should an Employee be on standby for an entire Swing, the Demobilisation Shift will be unpaid. Nothing in this subclause prevents the company from ending an engagement by providing the required notice. 12.13. In circumstances where an Employee is placed on standby, and when asked by the Company to mobilise and is unable to, the period of Standby will be unpaid. 12.14. In lieu of a 'standby', the Company may require an Employee to undertake onshore training or alternative duties where the Employee will be paid at the Onshore Pay. For clarity, any paid hour for training or alternative duties is paid in lieu of a paid hour for standby and should the alternative training/work not cover the duration of standby hours, the Employee will be paid the outstanding hours as standby. Work Cycle Change & Emergency or Pandemic Situations 12.15. Except in the case of an Emergency or Pandemic Situation, the Company may introduce a roster change after it has provided a full Work Cycle of notice to Employees and has consulted with affected Employees in accordance with the Consultation Clause 8 of this Agreement as may be necessary about such a Work Cycle change. Under this clause the Company will not introduce a new Work Cycle where the On-duty Period is more than 22 shifts (excluding Mobilisation and Demobilisation Shifts) worked in a row unless the Company has agreement with the majority of affected Employees at the time of the roster change. 12.16. The On-duty hours of work for an Employee working offshore will commence when the Employee has arrived at the Offshore Facility and commenced their Rostered Hours of Work. On-duty hours of work will cease when the Employee completes their designated Rostered Hours of Work prior to departing the Offshore Facility. 12.17. In the case of an Emergency or Pandemic Situation the Company may vary or suspend any roster arrangement immediately. In circumstances where the Company introduce a new Work Cycle to manage an Emergency or Pandemic Situation: McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 19




 



• the new roster will remain in place whilst the Company can demonstrate that the 

roster is required due to the Emergency or Pandemic situation. 

• the new roster On-duty Period on the facility will not exceed 28 consecutive shifts 

excluding Demobilisation Shifts. For the avoidance of doubt an onshore quarantine 

period may occur as part of the Off-Duty period and Over Cycle will not apply 

unless the worked hours are in excess of the Rostered Hours of Work. 

• where the Company introduces an onshore quarantine period, and the Employee is 

held in isolation at an onshore location away from their UPR, the Employee will be 

paid for each additional customary day shift hour the Employee is held at the 

isolation location, at the Dayshift Onshore Pay. Isolation hours falling over a 

customary night shift are unpaid. For the avoidance of doubt this subclause is only 

applicable where a pre-mobilisation quarantine period is introduced, Employees 

will receive 12 hours' pay for each 24-hour period of isolation, and isolation hours 

are not paid on the day an Employee mobilises to the Facility. 

Over Cycle 

12.18. Except as noted in this Agreement, any hours or shifts worked offshore in addition to 

the designated Rostered Hours of Work, or shifts worked offshore in excess of 21 

consecutive shifts ( excluding Demobilisation Shift), will be regarded as Over Cycle. 

Over Cycle hours will be paid as according to the table in SCH 1(1.3). The Company 

may require Employees to work Over Cycle to meet operational requirements. 

12.19. Where an Employee completes an On-duty Period of a designated Work Cycle, and 

prior to completing the Off-Duty period starts a new On-duty Period, provided the 

Employee has at least 7 days of Off-duty Period; those hours will not be regarded as 

Over Cycle. 

In circumstances where an Employee completes an On-duty Period (including 

Employees covered in subclause 12.5 who have worked an On-duty Period longer than 

2 weeks), and prior to completing the Off-duty Period starts a new On-duty Period, the 

Employee should have no less than 7 days ( excluding mobilisation and demobilisation 

days) off-duty. Where the Employee has less than 7 days off-duty ( excluding 

mobilisation and demobilisation), those days worked up until 7 days after the previous 

demobilisation day will be regarded as Over Cycle. 

Additional Time Not Paid as Over Cycle 

12.20. The following additional time outside the Work Cycle will not be paid as Over Cycle: 

McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 20 


the new roster will remain in place whilst the Company can demonstrate that the roster is required due to the Emergency or Pandemic situation. · the new roster On-duty Period on the facility will not exceed 28 consecutive shifts excluding Demobilisation Shifts. For the avoidance of doubt an onshore quarantine period may occur as part of the Off-Duty period and Over Cycle will not apply unless the worked hours are in excess of the Rostered Hours of Work. . where the Company introduces an onshore quarantine period, and the Employee is held in isolation at an onshore location away from their UPR, the Employee will be paid for each additional customary day shift hour the Employee is held at the isolation location, at the Dayshift Onshore Pay. Isolation hours falling over a customary night shift are unpaid. For the avoidance of doubt this subclause is only applicable where a pre-mobilisation quarantine period is introduced, Employees will receive 12 hours' pay for each 24-hour period of isolation, and isolation hours are not paid on the day an Employee mobilises to the Facility. Over Cycle 12.18. Except as noted in this Agreement, any hours or shifts worked offshore in addition to the designated Rostered Hours of Work, or shifts worked offshore in excess of 21 consecutive shifts (excluding Demobilisation Shift), will be regarded as Over Cycle. Over Cycle hours will be paid as according to the table in SCH 1(1.3). The Company may require Employees to work Over Cycle to meet operational requirements. 12.19. Where an Employee completes an On-duty Period of a designated Work Cycle, and prior to completing the Off-Duty period starts a new On-duty Period, provided the Employee has at least 7 days of Off-duty Period; those hours will not be regarded as Over Cycle. In circumstances where an Employee completes an On-duty Period (including Employees covered in subclause 12.5 who have worked an On-duty Period longer than 2 weeks), and prior to completing the Off-duty Period starts a new On-duty Period, the Employee should have no less than 7 days (excluding mobilisation and demobilisation days) off-duty. Where the Employee has less than 7 days off-duty (excluding mobilisation and demobilisation), those days worked up until 7 days after the previous demobilisation day will be regarded as Over Cycle. Additional Time Not Paid as Over Cycle 12.20. The following additional time outside the Work Cycle will not be paid as Over Cycle: McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 20




 



• Where the Company implements a once off change to the Work Cycle to facilitate 

Employees to not have to work two consecutive Christmas /New Year periods. 

• Shift swap arrangements organised privately between the Employees themselves. 

• Time associated with safety drills or routine musters. 

• Time associated with travel as detailed in Cl. 15 of this Agreement. 

• Time attending training, meetings or medicals as detailed in Cl. 24 of this 

Agreement. 

Rest and Meal Breaks 

12.21. Employees shall be paid for time worked offshore at the appropriate Offshore Pay 

inclusive of rest and meal breaks occurring during a shift, which shall be counted as 

time worked. 

12.22. Rest and meal breaks shall be aligned to Client operational requirements which may 

include: 

• Two (2) separate 30-minute meal breaks; or 

• Three (3) separate breaks consisting of a 15-minute rest break, 30-minute meal break 

and a 15-minute rest break; or 

• An equivalent alternative rest and meal break pattern encompassing one (1) hour rest 

and mealtime. 

12.23. The aforementioned breaks do not include the time required to wash up prior to 

Employees commencing a meal or rest break. 

12.24. An Employee shall not be required to work longer than six (6) hours without a break. 

Call Backs 

12.25. An Employee recalled to work after the completion of their Rostered Hours of Work 

for that shift will be paid Over Cycle and shall be paid a minimum of four ( 4) hours 

pay, except where the additional work is continuous with the rostered hours, whereby 

the Employee will be paid for the additional hours worked at the relevant Over Cycle 

rate. 

12.26. Where an Employee is required to work outside the Employee's Rostered Hours of 

Work, the work shall, unless agreed with the Employee, be arranged so that the 

Employee has at least 10 consecutive hours off-duty between completion of work and 

the commencement of the next rostered shift without loss of pay. 

12.27. For the purpose ofsubclause 12.25 and 12.26, musters or safety drills are not considered 

call out situations and are not paid work time. 

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· Where the Company implements a once off change to the Work Cycle to facilitate Employees to not have to work two consecutive Christmas / New Year periods. . Shift swap arrangements organised privately between the Employees themselves. Time associated with safety drills or routine musters. Time associated with travel as detailed in C1. 15 of this Agreement. Time attending training, meetings or medicals as detailed in Cl. 24 of this Agreement. Rest and Meal Breaks 12.21. Employees shall be paid for time worked offshore at the appropriate Offshore Pay inclusive of rest and meal breaks occurring during a shift, which shall be counted as time worked. 12.22. Rest and meal breaks shall be aligned to Client operational requirements which may include: · Two (2) separate 30-minute meal breaks; or · Three (3) separate breaks consisting of a 15-minute rest break, 30-minute meal break and a 15-minute rest break; or · An equivalent alternative rest and meal break pattern encompassing one (1) hour rest and mealtime. 12.23. The aforementioned breaks do not include the time required to wash up prior to Employees commencing a meal or rest break. 12.24. An Employee shall not be required to work longer than six (6) hours without a break. Call Backs 12.25. An Employee recalled to work after the completion of their Rostered Hours of Work for that shift will be paid Over Cycle and shall be paid a minimum of four (4) hours pay, except where the additional work is continuous with the rostered hours, whereby the Employee will be paid for the additional hours worked at the relevant Over Cycle rate. 12.26. Where an Employee is required to work outside the Employee's Rostered Hours of Work, the work shall, unless agreed with the Employee, be arranged so that the Employee has at least 10 consecutive hours off-duty between completion of work and the commencement of the next rostered shift without loss of pay. 12.27. For the purpose of subclause 12.25 and 12.26, musters or safety drills are not considered call out situations and are not paid work time. McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 21




 



Mobilisation Delays 

12.28. Where an Employee is required to mobilise to the Offshore Facility and their flight is 

unexpectedly delayed at the Point of Assembly or the Point of Hire through no fault of 

their own, the Employee will be paid the hours they would have worked had they not 

been delayed at the Offshore Pay. 

12.29. Where an Employee is required to stay overnight at the Point of Assembly or in transit 

(i.e. Perth for interstate Employees) due to a delay under subclause 12.28 the Company 

shall provide accommodation and meals for the Employee as well as transportation to 

and from the accommodation. 

12.30. Where an Employee is required to stay overnight due to a delay under subclause 12.28 

at the Point of Hire and their Usual Place of Residence is more than 100km from the 

Point of Hire, the Employee shall be provided accommodation only. 

Night Shi-ft Demobilising Delay. 

12.31. Where an Employee is demobilising from the Offshore Facility after completing their 

last Night Shift and the demobilising helicopter leaves the facility 6 or more hours after 

the last Night Shift concludes, the Employee shall receive an additional 4 hours paid as 

Over Cycle. 

12.32. Where it is determined by the Company that the Employee finishing their last Night 

Shift will not be able to depart the Offshore Facility that following day, the Employee 

will be provided a cabin and return to working their Night Shift pattern provided they 

have met the minimum rest period as per sub clause 13. 5. Where this occurs the payment 

in subclause 12.31 will not apply. 

13. SHIFT WORK AND NIGHT SHIFT 

Shi-ft Workers 

13 .1. All Employees covered by this Agreement are deemed to be shift workers. A shift 

worker means an Employee for the time being required by the Employer to work in a 

system of shifts, being day shifts or Night Shifts or any combination of them; or 

Continuous Shift Work. 

Payment 

13.2. The following shall be paid for Employee's working shift work: 

McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 22 


Mobilisation Delays 12.28. Where an Employee is required to mobilise to the Offshore Facility and their flight is unexpectedly delayed at the Point of Assembly or the Point of Hire through no fault of their own, the Employee will be paid the hours they would have worked had they not been delayed at the Offshore Pay. 12.29. Where an Employee is required to stay overnight at the Point of Assembly or in transit (i.e. Perth for interstate Employees) due to a delay under subclause 12.28 the Company shall provide accommodation and meals for the Employee as well as transportation to and from the accommodation. 12.30. Where an Employee is required to stay overnight due to a delay under subclause 12.28 at the Point of Hire and their Usual Place of Residence is more than 100km from the Point of Hire, the Employee shall be provided accommodation only. Night Shift Demobilising Delay. 12.31. Where an Employee is demobilising from the Offshore Facility after completing their last Night Shift and the demobilising helicopter leaves the facility 6 or more hours after the last Night Shift concludes, the Employee shall receive an additional 4 hours paid as Over Cycle. 12.32. Where it is determined by the Company that the Employee finishing their last Night Shift will not be able to depart the Offshore Facility that following day, the Employee will be provided a cabin and return to working their Night Shift pattern provided they have met the minimum rest period as per subclause 13.5. Where this occurs the payment in subclause 12.31 will not apply. 13. SHIFT WORK AND NIGHT SHIFT Shift Workers 13.1. All Employees covered by this Agreement are deemed to be shift workers. A shift worker means an Employee for the time being required by the Employer to work in a system of shifts, being day shifts or Night Shifts or any combination of them; or Continuous Shift Work. Payment 13.2. The following shall be paid for Employee's working shift work: McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 22




 



• An Employee working day shift will be paid the applicable hourly rate of pay for 

each hour of day shift worked as detailed in Schedule 1. 

• An Employee working Night Shift will be paid the applicable Night Shift hourly 

rate of pay as detailed in Schedule 1. For avoidance of doubt, the Night Shift hourly 

rate of pay is only paid when the Employee is working Night Shift and is not paid 

when the Employee is not working Night Shift such as additional day shift Over 

Cycle, delays, travel or periods of leave. 

13.3. Employees will be rostered to a day or Night Shift and may be transferred from one to 

another as operational demands require. The Employer will give 24 hours' notice for a 

change of roster to either day shift or Night Shift. 

13 .4. Where an Employee is changed between Night Shift and day shift within an On-duty 

Period, the Employee will not lose hours for that On-duty Period. For the avoidance of 

doubt this subclause is in regard to missed hours worked and those missed hours are 

paid at the day shift hourly rate of pay. 

13.5. Employees will be given eight (8) hours' rest time in their cabin upon arrival at the 

Offshore Facility prior to starting Night Shift. This may be varied upon mutual 

agreement. If the rest period does not allow the Employee to start at the commencement 

of the normal shift the Employee will be paid as if the entire 12-hour shift was worked. 

13.6. In circumstances where the Company changes the shift start and finish times to fall 

between 11 am/11 pm to 1 am/1 pm, with the view to Employees receiving the Night Shift 

hourly rate of pay when it is night time; instead of the Night Shift rate of pay being paid 

on all Night Shift hours as provided for in subclause 13.2 and excluding Over Cycle 

hours worked in addition to a day shift; the Night Shift hourly rate of pay will be paid 

on any hour worked between 6pm and 6am. 

14. FITNESS FOR WORK 

Drug and Alcohol Breaches 

14.1. The Company is committed to ensuring a safety culture where Employees are not 

impacted by drugs or alcohol while at work. While at work Employees are required to 

disclose any substances they are taking which may Impact the safe performance of their 

work to the facility medic. 

14.2. Employees may be required to undertake drug and/or alcohol (D&A) tests for fitness 

for duty: 

McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 23 


· An Employee working day shift will be paid the applicable hourly rate of pay for each hour of day shift worked as detailed in Schedule 1. . An Employee working Night Shift will be paid the applicable Night Shift hourly rate of pay as detailed in Schedule 1. For avoidance of doubt, the Night Shift hourly rate of pay is only paid when the Employee is working Night Shift and is not paid when the Employee is not working Night Shift such as additional day shift Over Cycle, delays, travel or periods of leave. 13.3. Employees will be rostered to a day or Night Shift and may be transferred from one to another as operational demands require. The Employer will give 24 hours' notice for a change of roster to either day shift or Night Shift. 13.4. Where an Employee is changed between Night Shift and day shift within an On-duty Period, the Employee will not lose hours for that On-duty Period. For the avoidance of doubt this subclause is in regard to missed hours worked and those missed hours are paid at the day shift hourly rate of pay. 13.5. Employees will be given eight (8) hours' rest time in their cabin upon arrival at the Offshore Facility prior to starting Night Shift. This may be varied upon mutual agreement. If the rest period does not allow the Employee to start at the commencement of the normal shift the Employee will be paid as if the entire 12-hour shift was worked. 13.6. In circumstances where the Company changes the shift start and finish times to fall between 11am/11pm to 1am/1pm, with the view to Employees receiving the Night Shift hourly rate of pay when it is night time; instead of the Night Shift rate of pay being paid on all Night Shift hours as provided for in subclause 13.2 and excluding Over Cycle hours worked in addition to a day shift; the Night Shift hourly rate of pay will be paid on any hour worked between 6pm and 6am. 14. FITNESS FOR WORK Drug and Alcohol Breaches 14.1. The Company is committed to ensuring a safety culture where Employees are not impacted by drugs or alcohol while at work. While at work Employees are required to disclose any substances they are taking which may Impact the safe performance of their work to the facility medic. 14.2. Employees may be required to undertake drug and/or alcohol (D&A) tests for fitness for duty: McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 23




 



• while working; 

• at the commencement of/during travel to the Offshore Facility; 

• at the commencement of/during onshore training; 

• during periodic medical assessments. 

The form and manner of such assessments or tests will be at the discretion of the 

Company, 

14.3. Where an Employee is found to have refused to undertake a drug and/or alcohol test; or 

received a positive screening for the consumption of alcohol or illicit/unprescribed 

drugs, the Employee's actions will be regarded as gross misconduct which will result in 

disciplinary action up to termination of employment. 

Fatigue Management 

14.4. The management of fatigue is considered a shared responsibility between the Company 

and its Employees. 

14.5. The Company will cultivate and support a culture of fatigue risk management in which 

personnel are comfortable in disclosing their personal sleep and fatigue status, and 

where seeking assistance is encouraged, consistent with the Company protections 

afforded to report other safety concerns/risks. 

14.6. Employees are responsible for attending work in a fit state (fitness for work) by taking 

into account their lifestyle and medical factors that could influence fatigue and 

managing these appropriately. All Employees are responsible for ensuring they obtain 

adequate rest and sleep prior to travelling to Offshore Facilities or travelling home from 

their Point of Hire. 

14.7. Subject to the provision of a journey management plan, demobilising Employees who 

have a Usual Place of Residence more than 100km from their Point of Hire, and are 

driving home as part of their immediate journey and not claiming a taxi as provided in 

the subclause below, will be offered accommodation at no cost to the Employee, in 

either Karratha or Perth prior to returning to their Usual Place of Residence. 

14.8. Employees are entitled to claim a taxi/ride share reimbursement of up to $250 per Swing 

( one payment per On Duty period) for travel between their Usual Place of Residence 

and their Point of Hire on provision of a tax invoice for an authorised licensed taxi 

provider ( or other ride sharing service if not subject to fringe benefit tax). For avoidance 

of doubt, travel claims which are not for travel between work and the Employee's 

nominated Usual Place of Residence or are not undertaken by an authorised licensed 

McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 24 


while working; at the commencement of/during travel to the Offshore Facility; at the commencement of/during onshore training; during periodic medical assessments. The form and manner of such assessments or tests will be at the discretion of the Company, 14.3. Where an Employee is found to have refused to undertake a drug and/or alcohol test; or received a positive screening for the consumption of alcohol or illicit/unprescribed drugs, the Employee's actions will be regarded as gross misconduct which will result in disciplinary action up to termination of employment. Fatigue Management 14.4. The management of fatigue is considered a shared responsibility between the Company and its Employees. 14.5. The Company will cultivate and support a culture of fatigue risk management in which personnel are comfortable in disclosing their personal sleep and fatigue status, and where seeking assistance is encouraged, consistent with the Company protections afforded to report other safety concerns/risks. 14.6. Employees are responsible for attending work in a fit state (fitness for work) by taking into account their lifestyle and medical factors that could influence fatigue and managing these appropriately. All Employees are responsible for ensuring they obtain adequate rest and sleep prior to travelling to Offshore Facilities or travelling home from their Point of Hire. 14.7. Subject to the provision of a journey management plan, demobilising Employees who have a Usual Place of Residence more than 100km from their Point of Hire, and are driving home as part of their immediate journey and not claiming a taxi as provided in the subclause below, will be offered accommodation at no cost to the Employee, in either Karratha or Perth prior to returning to their Usual Place of Residence. 14.8. Employees are entitled to claim a taxi/ride share reimbursement of up to $250 per Swing (one payment per On Duty period) for travel between their Usual Place of Residence and their Point of Hire on provision of a tax invoice for an authorised licensed taxi provider (or other ride sharing service if not subject to fringe benefit tax). For avoidance of doubt, travel claims which are not for travel between work and the Employee's nominated Usual Place of Residence or are not undertaken by an authorised licensed McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 24




 



taxi provider / ride sharing service are not to be submitted for claim without prior 

Company authorisation. The taxi reimbursement maximum value permitted will remain 

as $250 for the life of the agreement. 

14.9. Claims for a Swing must be submitted as a single submission and within 6 weeks of the 

Swing demobilisation date for the claim to be approved. 

15. TRAVEL 

Point of Hire and Point of Assembly 

15.1. The Point of Hire and Point of Assembly for Employees shall be determined upon 

employment. 

15.2. The Company shall provide the Employee with flight transport between the Point of 

Hire, the Point of Assembly, and the Offshore Facility. 

15.3. An Employee may request to change their Point of Hire between the available locations 

as stipulated by the Company. Approval to change a Point of Hire will be at the 

discretion of the Company. For the avoidance of doubt, it is not the Company's practice 

to approve requests where the change will increase the cost of travel offered to the 

Employee. 

Travelling Payment 

15.4. Employees whose Point of Hire is not the same as the Point of Assembly, and 

undertakes fixed wing travel to the Point of Assembly and does not mobilise to the 

Offshore Facility that day (not a Mobilisation Shift as provided for in subclause 12.6), 

will receive a payment of three (3) hours at the Onshore Pay 

16. SUPERANNUATION 

16.1. In accordance with the requirements of the Superannuation Guarantee (Administration) 

Act 1992 ("SG Act") the Company shall make the required contribution on the Rostered 

Hours of Work for each eligible Employee to the individual Employee's choice of 

superannuation fund provided that the fund will allow contributions from the Company 

and is a complying fund under the SG Act. For avoidance of doubt, superannuation for 

each Employee is not paid on Over Cycle or additional hours which are not ordinary 

time and paid up to the maximum Superannuation contribution base. 

McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 25 


taxi provider / ride sharing service are not to be submitted for claim without prior Company authorisation. The taxi reimbursement maximum value permitted will remain as $250 for the life of the agreement. 14.9. Claims for a Swing must be submitted as a single submission and within 6 weeks of the Swing demobilisation date for the claim to be approved. 15. TRAVEL Point of Hire and Point of Assembly 15.1. The Point of Hire and Point of Assembly for Employees shall be determined upon employment. 15.2. The Company shall provide the Employee with flight transport between the Point of Hire, the Point of Assembly, and the Offshore Facility. 15.3. An Employee may request to change their Point of Hire between the available locations as stipulated by the Company. Approval to change a Point of Hire will be at the discretion of the Company. For the avoidance of doubt, it is not the Company's practice to approve requests where the change will increase the cost of travel offered to the Employee. Travelling Payment 15.4. Employees whose Point of Hire is not the same as the Point of Assembly, and undertakes fixed wing travel to the Point of Assembly and does not mobilise to the Offshore Facility that day (not a Mobilisation Shift as provided for in subclause 12.6), will receive a payment of three (3) hours at the Onshore Pay 16. SUPERANNUATION 16.1. In accordance with the requirements of the Superannuation Guarantee (Administration) Act 1992 ("SG Act") the Company shall make the required contribution on the Rostered Hours of Work for each eligible Employee to the individual Employee's choice of superannuation fund provided that the fund will allow contributions from the Company and is a complying fund under the SG Act. For avoidance of doubt, superannuation for each Employee is not paid on Over Cycle or additional hours which are not ordinary time and paid up to the maximum Superannuation contribution base. McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 25




 



16.2. In the event an Employee does not nominate a fund the Company shall make on behalf 

of that Employee payments to the Company's default fund, "Australian Super" 

provided Australian Super offer a MySuper product. 

16.3. Employees may elect to sacrifice part of their gross ordinary pay into their 

superannuation fund subject to the conditions of this clause. 

16.4. Employees must notify the Company in writing of the amount of their gross ordinary 

pay which they wish to sacrifice into superannuation and the Company will then act 

upon this request. 

16.5. If the rate of superannuation contributions required under the SG Act is increased during 

the term of this Agreement or is otherwise increased by the Company, Employees under 

this Agreement will be entitled to the increased contribution. 

17. INCOME PROTECTION INSURANCE 

Ongoing Employee Benefit 

1 7 .1. The Company shall provide and pay for income protection insurance ( covering sickness 

and injury) for Employees who: 

• have worked at least 50% of the available shifts (excluding cyclone stand downs) 

in a three (3) months period immediately prior to a personal injury or sickness 

occurring; 

• and have scheduled work in the month following where a personal injury or sickness 

has occurred. 

For the purpose of this subclause, worked shifts will include shifts worked with 

McDermott Australia where an Employee transitions from/to another McDermott Oil 

and Gas Project. 

17.2. The Company will appoint Chifley Services as Broker to source the policy. 

McDennott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 26 


16.2. In the event an Employee does not nominate a fund the Company shall make on behalf of that Employee payments to the Company's default fund, "Australian Super" provided Australian Super offer a MySuper product. 16.3. Employees may elect to sacrifice part of their gross ordinary pay into their superannuation fund subject to the conditions of this clause. 16.4. Employees must notify the Company in writing of the amount of their gross ordinary pay which they wish to sacrifice into superannuation and the Company will then act upon this request. 16.5. If the rate of superannuation contributions required under the SG Act is increased during the term of this Agreement or is otherwise increased by the Company, Employees under this Agreement will be entitled to the increased contribution. 17. INCOME PROTECTION INSURANCE Ongoing Employee Benefit 17.1. The Company shall provide and pay for income protection insurance (covering sickness and injury) for Employees who: · have worked at least 50% of the available shifts (excluding cyclone stand downs) in a three (3) months period immediately prior to a personal injury or sickness occurring; . and have scheduled work in the month following where a personal injury or sickness has occurred. For the purpose of this subclause, worked shifts will include shifts worked with McDermott Australia where an Employee transitions from/to another McDermott Oil and Gas Project. 17.2. The Company will appoint Chifley Services as Broker to source the policy. McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 26




 



Key Terms of Cover 

17.3. Subject to subclause 17.6, eligible Employees will receive income protection insurance 

in accordance with the following terms: 

• Cover for 100% of an Employees average weekly earnings to a maximum of $2,300 

per week for 104 weeks applying to personal injury or sickness; 

• An excess ( waiting) period of 14 days ( except sporting injuries - 28 days) applying 

to personal injury or sickness; 

• The income protection shall not include workers compensation top up or lump sum 

benefits. 

17.4. It is a requirement of the cover that the claimant Employees undertake reasonable 

rehabilitation programmes as directed by the Company and/or insurer. 

17.5. All Employees making a claim for a period of absence will be reviewed immediately 

and thereafter on a regular basis as requested by a Company nominated medical 

exammer. 

17.6. During the life of the Agreement if the Company's insurer makes a significant change 

to the underlying policy, the Company will consult with the impacted Employees to 

detail and explain the impact of these changes. Where justified, excluding the maximum 

weekly payment, the Company may adjust the policy entitlements and any change will 

be communicated to the Employees covered under this Agreement. 

18. SICK WHILST OFFSHORE & LEAVE 

Sick Whilst Offshore 

18.1. An Employee who is on the Offshore Facility, who is unable to attend work due to 

illness or is deemed unfit for work as instructed by the Offshore Facility medic will 

continue to be paid their Rostered Hours of Work as if they are at work at the Offshore 

Pay. 

18.2. On assessment and as instructed by the Offshore Facility medic, installation manager 

or their delegate, an Employee may be demobilised from the Offshore Facility. On 

being demobilised from the facility the Employee shall receive payment for their 

demobilisation shift as provided for in subclause 12.7 or 12.8, after which the Employee 

will no longer be paid. 

Entitlement to Leave 

18.3. Employees are entitled to all leave in accordance with the NBS. 

McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 27 


Key Terms of Cover 17.3. Subject to subclause 17.6, eligible Employees will receive income protection insurance in accordance with the following terms: · Cover for 100% of an Employees average weekly earnings to a maximum of $2,300 per week for 104 weeks applying to personal injury or sickness; . An excess (waiting) period of 14 days (except sporting injuries - 28 days) applying to personal injury or sickness; . The income protection shall not include workers compensation top up or lump sum benefits. 17.4. It is a requirement of the cover that the claimant Employees undertake reasonable rehabilitation programmes as directed by the Company and/or insurer. 17.5. All Employees making a claim for a period of absence will be reviewed immediately and thereafter on a regular basis as requested by a Company nominated medical examiner. 17.6. During the life of the Agreement if the Company's insurer makes a significant change to the underlying policy, the Company will consult with the impacted Employees to detail and explain the impact of these changes. Where justified, excluding the maximum weekly payment, the Company may adjust the policy entitlements and any change will be communicated to the Employees covered under this Agreement. 18. SICK WHILST OFFSHORE & LEAVE Sick Whilst Offshore 18.1. An Employee who is on the Offshore Facility, who is unable to attend work due to illness or is deemed unfit for work as instructed by the Offshore Facility medic will continue to be paid their Rostered Hours of Work as if they are at work at the Offshore Pay. 18.2. On assessment and as instructed by the Offshore Facility medic, installation manager or their delegate, an Employee may be demobilised from the Offshore Facility. On being demobilised from the facility the Employee shall receive payment for their demobilisation shift as provided for in subclause 12.7 or 12.8, after which the Employee will no longer be paid. Entitlement to Leave 18.3. Employees are entitled to all leave in accordance with the NES. McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 27




 



19. JURY SERVICE 

19 .1. Jury Service will be paid as per the applicable State legislation or any other legislation 

that takes its place. 

Notice and Evidence Required 

19 .2. An eligible Employee who is working the designated Work Cycle shall notify the 

Company as soon as practicable of the date upon which the Employee is required to 

attend Jury service. 

19.3. Further the Employee shall give the Company proof of attendance, the duration of such 

attendance and the amount received for such attendance. 

Jury Service Period 

19.4. The entitlement to Jury Service will only be paid for actual days in attendance, however, 

if: 

• Jury duty continues from a Friday to the Monday of next week; and 

• The Employee is rostered to work on the applicable days; and 

• The Employee is unable to return to work due to the unavailability of flights; 

then the Employee will be paid the hours they would have worked at the applicable 

Onshore Pay. 

20. LONG SERVICE LEA VE 

20.1. The provisions of the Construction Industry Portable Long Service Leave Act 1985 as 

amended from time to time and paid in line with the Long Service Leave Act 1985, will 

be applied to Employees employed under this Agreement. For the avoidance of doubt, 

Long Service Leave accrual will be calculated on the ordinary hours (Rostered Hours 

of Work) of the applicable Work Cycle. 

21. PARENTALLEAVE 

21.1. Parental leave provisions as prescribed in the Act and the applicable Company policy, 

as amended, will set the minimum standards for eligible Employees under this 

Agreement. 

21.2. For the purposes of this clause, the term Parental Leave shall include an entitlement to 

maternity leave, paternity leave and adoption leave. 

McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 28 


19. JURY SERVICE 19.1. Jury Service will be paid as per the applicable State legislation or any other legislation that takes its place. Notice and Evidence Required 19.2. An eligible Employee who is working the designated Work Cycle shall notify the Company as soon as practicable of the date upon which the Employee is required to attend Jury service. 19.3. Further the Employee shall give the Company proof of attendance, the duration of such attendance and the amount received for such attendance. Jury Service Period 19.4. The entitlement to Jury Service will only be paid for actual days in attendance, however, if: . Jury duty continues from a Friday to the Monday of next week; and The Employee is rostered to work on the applicable days; and . The Employee is unable to return to work due to the unavailability of flights; then the Employee will be paid the hours they would have worked at the applicable Onshore Pay. 20. LONG SERVICE LEAVE 20.1. The provisions of the Construction Industry Portable Long Service Leave Act 1985 as amended from time to time and paid in line with the Long Service Leave Act 1985, will be applied to Employees employed under this Agreement. For the avoidance of doubt, Long Service Leave accrual will be calculated on the ordinary hours (Rostered Hours of Work) of the applicable Work Cycle. 21. PARENTAL LEAVE 21.1. Parental leave provisions as prescribed in the Act and the applicable Company policy, as amended, will set the minimum standards for eligible Employees under this Agreement. 21.2. For the purposes of this clause, the term Parental Leave shall include an entitlement to maternity leave, paternity leave and adoption leave. McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 28




 



22. CEREMONIAL LEA VE 

22.1. The Company is committed to the principles and objectives of reconciliation where we 

work towards a future that recognises the contribution of Aboriginal or Torres Strait 

Island peoples. 

22.2. On the provision of reasonable notice and with approval from the Company, an 

Employee who is legitimately required by Aboriginal tradition to be absent from work 

for an Aboriginal ceremonial purposes will be entitled to take a single absence of up to 

10 working days unpaid leave in each year of continuous service. 

22.3. In circumstances where an Employee is unable to be mobilised due to logistical or 

operational reason following a period of Ceremonial leave, the Employee will be 

entitled to take unpaid leave until they are mobilised, or they have completed their 

Swing. 

23. PUBLIC HOLIDAYS 

23.1. The Company will require an Employee to work on a Public Holiday where it falls 

during an Employee's rostered Work Cycle. Payment for public holidays worked or not 

worked has been included in the rate of pay. 

23 .2. Time worked on a Public Holiday will be paid at the base hourly rate of pay as provided 

for in Schedule 1 of this Agreement. 

23 .3. An Employee who is not rostered to work on a public holiday is not entitled to payment 

for such a day. 

24. TRAINING/MEETINGS/MEDICALS 

Training 

24.1. Employees may be required to attend training, meetings and medicals during both their 

On-duty Period and their Off-duty Period while they are not on the Offshore Facility. 

24.2. Employees are required to possess and maintain the qualifications and skills required 

to perform the role for which they were engaged and to enable the Employee to work 

offshore. 

24.3. The Employee will be responsible for any fees associated with the maintaining of 

licenses or trade qualifications. For clarity, this includes Electrical Licenses, High Risk 

Licenses, and trade qualification inherent requirements. 

McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 29 


22. CEREMONIAL LEAVE 22.1. The Company is committed to the principles and objectives of reconciliation where we work towards a future that recognises the contribution of Aboriginal or Torres Strait Island peoples. 22.2. On the provision of reasonable notice and with approval from the Company, an Employee who is legitimately required by Aboriginal tradition to be absent from work for an Aboriginal ceremonial purposes will be entitled to take a single absence of up to 10 working days unpaid leave in each year of continuous service. 22.3. In circumstances where an Employee is unable to be mobilised due to logistical or operational reason following a period of Ceremonial leave, the Employee will be entitled to take unpaid leave until they are mobilised, or they have completed their Swing. 23. PUBLIC HOLIDAYS 23.1. The Company will require an Employee to work on a Public Holiday where it falls during an Employee's rostered Work Cycle. Payment for public holidays worked or not worked has been included in the rate of pay. 23.2. Time worked on a Public Holiday will be paid at the base hourly rate of pay as provided for in Schedule 1 of this Agreement. 23.3. An Employee who is not rostered to work on a public holiday is not entitled to payment for such a day. 24. TRAINING/MEETINGS/MEDICALS Training 24.1. Employees may be required to attend training, meetings and medicals during both their On-duty Period and their Off-duty Period while they are not on the Offshore Facility. 24.2. Employees are required to possess and maintain the qualifications and skills required to perform the role for which they were engaged and to enable the Employee to work offshore. 24.3. The Employee will be responsible for any fees associated with the maintaining of licenses or trade qualifications. For clarity, this includes Electrical Licenses, High Risk Licenses, and trade qualification inherent requirements. McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 29




 



24.4. The Company will provide and pay for the following refreshers, renewals and training 

for Employees currently engaged and who have completed at least 6 weeks (504 hours) 

of offshore work (excludes Off-Duty Periods) in the preceding 5-month period; who 

are required by the Company to undertake duties requiring the refresher, renewal or 

training: 

• BOSIET/FOET i.e. T-BOSIET/T-FOET 

• MSIC 

o Confined Space Entry 

• Working at Heights 

• First Aid 

• LVR/CPR 

• EEHA - Inlec/Elec 

• Flange Management Level 1 & 2 

• Gyroloc Small Bore Fittings 

• CA-EBS 

• VOCs for High Risk Licenses and Welder Qualifications 

• Rope Access 

• NACE Levels 1, 2 or 3. 

24.5. For training which is a requirement for the Employee'being able to work Offshore, the 

Employee will be responsible to ensure any applicable training is scheduled prior to 

expiry. All Company provided training must be approved by the Company prior to it 

being undertaken. 

24.6. In addition to the training in subclause 24.4 the Company may also require an Employee 

undertake additional training for operational reasons or upskilling. 

24.7. The Company will endeavour to provide at least eight (8) weeks' notice where training 

is expected to occur on an Off-duty period. 

24.8. Employees who have a Usual Place of Residence of more than 100km from the 

designated training location and are required to attend training which continues for 

more than one consecutive day in duration, will be provided accommodation and meals 

(an evening meal and breakfast) for each night of accommodation required for the 

training duration. For avoidance of doubt, for a two (2) day course, an Employee is 

entitled to one night of accommodation plus two (2) associated meals. 

McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 30 


24.4. The Company will provide and pay for the following refreshers, renewals and training for Employees currently engaged and who have completed at least 6 weeks (504 hours) of offshore work (excludes Off-Duty Periods) in the preceding 5-month period; who are required by the Company to undertake duties requiring the refresher, renewal or training: · BOSIET/FOET i.e. T-BOSIET/T-FOET MSIC · Confined Space Entry Working at Heights First Aid LVR/CPR EEHA - Inlec/Elec . Flange Management Level 1 & 2 . Gyroloc Small Bore Fittings CA-EBS VOCs for High Risk Licenses and Welder Qualifications . Rope Access · NACE Levels 1, 2 or 3. 24.5. For training which is a requirement for the Employee being able to work Offshore, the Employee will be responsible to ensure any applicable training is scheduled prior to expiry. All Company provided training must be approved by the Company prior to it being undertaken. 24.6. In addition to the training in subclause 24.4 the Company may also require an Employee undertake additional training for operational reasons or upskilling. 24.7. The Company will endeavour to provide at least eight (8) weeks' notice where training is expected to occur on an Off-duty period. 24.8. Employees who have a Usual Place of Residence of more than 100km from the designated training location and are required to attend training which continues for more than one consecutive day in duration, will be provided accommodation and meals (an evening meal and breakfast) for each night of accommodation required for the training duration. For avoidance of doubt, for a two (2) day course, an Employee is entitled to one night of accommodation plus two (2) associated meals. McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 30




 



24.9. The Company will endeavour for Employees who live in regional areas or outside 

interstate to be offered the opportunity of undertaking training and VOC at an approved 

RTO closest to their Usual Place of Residence. 

Payment for Training/Meeting 

24.10. Where an Employee is required to attend training as provided for in subclause 24.4 and 

24.6 during their Off-Duty period while they are not on the Offshore Facility they will 

be paid for the duration of the training at the Onshore Pay. 

24.11. Where an Employee is required to attend a meeting onshore, they will be paid for the 

duration of the meeting at the Onshore Pay. 

Medicals 

24.12. Employees will be required, as an inherent part of their role, to hold a current medical 

as per Client requirements. 

24.13. Pre-employment medicals will be provided by the Company however this will be 

undertaken as part of the pre-employment process and the time will be unpaid. 

24.14. Where an Employee is required to have their medical renewed, the Company will 

provide the medical and the Employee shall receive a payment of four (4) hours pay at 

the Onshore Pay for the time taken to complete the medical. 

24.15. Where an Employee is required to complete a medical for a return to work situation 

after absence, the medical will be provided by the Company and the time will be unpaid. 

Return to work medicals will only be required where the Company has a genuine 

concern regarding the ability for the Employee to be able to safely undertake their role 

and will be managed through the Company Health and Rehabilitation department. 

25. PAYMENTOFWAGES 

Payment of Wages 

25.1. All monies paid pursuant to this Agreement shall be paid fortnightly by electronic 

transfer of funds into one account nominated by the Employee with a bank or other 

financial institution recognised by the Company. 

25.2. The Company shall have the right to deduct any amount required to be paid by the 

Employee under this clause for cases of any overpayment or there are outstanding 

monies owing by the Employee to the Company. Prior to any deduction the Company 

will put in writing to the Employee details of the overpayment, the outstanding amount 

and a proposed deduction method. If the Employee disputes the deduction prior to the 

McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 31 


24.9. The Company will endeavour for Employees who live in regional areas or outside interstate to be offered the opportunity of undertaking training and VOC at an approved RTO closest to their Usual Place of Residence. Payment for Training/Meeting 24.10. Where an Employee is required to attend training as provided for in subclause 24.4 and 24.6 during their Off-Duty period while they are not on the Offshore Facility they will be paid for the duration of the training at the Onshore Pay. 24.11. Where an Employee is required to attend a meeting onshore, they will be paid for the duration of the meeting at the Onshore Pay. Medicals 24.12. Employees will be required, as an inherent part of their role, to hold a current medical as per Client requirements. 24.13. Pre-employment medicals will be provided by the Company however this will be undertaken as part of the pre-employment process and the time will be unpaid. 24.14. Where an Employee is required to have their medical renewed, the Company will provide the medical and the Employee shall receive a payment of four (4) hours pay at the Onshore Pay for the time taken to complete the medical. 24.15. Where an Employee is required to complete a medical for a return to work situation after absence, the medical will be provided by the Company and the time will be unpaid. Return to work medicals will only be required where the Company has a genuine concern regarding the ability for the Employee to be able to safely undertake their role and will be managed through the Company Health and Rehabilitation department. 25. PAYMENT OF WAGES Payment of Wages 25.1. All monies paid pursuant to this Agreement shall be paid fortnightly by electronic transfer of funds into one account nominated by the Employee with a bank or other financial institution recognised by the Company. 25.2. The Company shall have the right to deduct any amount required to be paid by the Employee under this clause for cases of any overpayment or there are outstanding monies owing by the Employee to the Company. Prior to any deduction the Company will put in writing to the Employee details of the overpayment, the outstanding amount and a proposed deduction method. If the Employee disputes the deduction prior to the McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 31




 



next available pay period, the Company will not deduct the money until the amount and 

deduction method is discussed and agreed. The agreed plan for repayment will not 

exceed three (3) months. If an agreed position cannot be reached, either party may place 

the overpayment in dispute under Cl.9 of this Agreement. In circumstances where the 

Employee's employment is terminated and there are outstanding monies owed by the 

Employee to the Company, including overpayments made to the Employee, the 

Company may withhold the outstanding amount from the final payment. 

Pav Queries 

25.3. The Employer is committed to responding to Employee payroll queries in a timely 

fashion and where possible, make any necessary pay adjustments in the next available 

pay. 

25.4. Where an Employee has an issue regarding their pay, they are required to state their 

query clearly in writing using the payroll query process. 

25.5. The Employer will respond to this query no later than 10 business days from the date 

the query was submitted. Where the Employee does not agree with the response, the 

Employee is to arrange a meeting via their manager with the payroll team. 

25.6. Should the Employee not receive a response or dispute the response, the Employee is 

able escalate their claim utilising the disputes procedure in this Agreement, by 

submitting the query in writing with any relevant documents to their Manager. The 

relevant CCM representative can be consulted to assist in this process. 

26. STAND DOWN 

Stand Down 

26.1. In the event the Company is unable to provide normal work due to a failure in critical 

equipment, industrial action, or any circumstances beyond the Company and the 

Client's control, the Company is entitled to stand down an Employee and the Company 

is not required to pay for any such day on which the Employee cannot be gainfully 

employed because of such an event. Where a stand down is to occur, the Company will 

provide as much notice as possible. 

Cyclone Stand Down 

26.2. The following subclauses will apply where a cyclone disrupts operations. 

26.3. Where the Employee is retained on the Offshore Facility during a cyclone event, the 

Employee will continue to be paid the Employee's Rostered Hours of Work they were 

McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 32 


next available pay period, the Company will not deduct the money until the amount and deduction method is discussed and agreed. The agreed plan for repayment will not exceed three (3) months. If an agreed position cannot be reached, either party may place the overpayment in dispute under C1.9 of this Agreement. In circumstances where the Employee's employment is terminated and there are outstanding monies owed by the Employee to the Company, including overpayments made to the Employee, the Company may withhold the outstanding amount from the final payment. Pay Queries 25.3. The Employer is committed to responding to Employee payroll queries in a timely fashion and where possible, make any necessary pay adjustments in the next available pay. 25.4. Where an Employee has an issue regarding their pay, they are required to state their query clearly in writing using the payroll query process. 25.5. The Employer will respond to this query no later than 10 business days from the date the query was submitted. Where the Employee does not agree with the response, the Employee is to arrange a meeting via their manager with the payroll team. 25.6. Should the Employee not receive a response or dispute the response, the Employee is able escalate their claim utilising the disputes procedure in this Agreement, by submitting the query in writing with any relevant documents to their Manager. The relevant CCM representative can be consulted to assist in this process. 26. STAND DOWN Stand Down 26.1. In the event the Company is unable to provide normal work due to a failure in critical equipment, industrial action, or any circumstances beyond the Company and the Client's control, the Company is entitled to stand down an Employee and the Company is not required to pay for any such day on which the Employee cannot be gainfully employed because of such an event. Where a stand down is to occur, the Company will provide as much notice as possible. Cyclone Stand Down 26.2. The following subclauses will apply where a cyclone disrupts operations. 26.3. Where the Employee is retained on the Offshore Facility during a cyclone event, the Employee will continue to be paid the Employee's Rostered Hours of Work they were McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 32




 



scheduled to complete at the Offshore Pay. If the Employee remains on the Offshore 

Facility beyond their Work Cycle, they will continue to be regarded as being at work 

working their customary hours and will be paid Over Cycle until they are demobilised. 

26.4. Where an Employee is held in standby at the Point of Assembly, the Employee shall be 

held in readiness and continue to be paid their Rostered Hours of Work at the Onshore 

Pay. This payment will be paid at the Night Shift Hourly Rate of Pay if the Employee 

is being required to return to Night Shift should they be mobilised to the Offshore 

Facility. 

26.5. Where an Employee is stood down to their Point of Hire or is waiting to mobilise to 

begin their Work Cycle due to a cyclone, the Employee shall be held in readiness and 

paid 7.6 hours per On-duty Period shift at the Onshore Pay for a maximum of three (3) 

On-duty Period days. The applicable three (3) days shall include any stand down days 

paid at the Point of Assembly as provided for in subclause 26.4. Should an Employee 

be asked to mobilise during the cyclone stand down at the POH and is not willing or 

able to, the cyclone stand down period will be unpaid. 

26.6. After three (3 days) stand down as provided for in subclause 26.5, if an Employee is 

unable to be mobilised, unworked days will be unpaid. 

26.7. In lieu of enacting a cyclone stand down, the Company may require an Employee to 

undertake onshore training or alternative duties where the Employee will be paid at the 

Onshore Pay. For clarity, any paid hour for training or alternative duties is paid in lieu 

of a paid hour for cyclone stand down as provided for in subclause 26.6 and should the 

alternative training/work not cover the duration of stand down hours, the Employee will 

be paid the outstanding hours depending where the training/alternative duties take 

place. 

27. PPE & PROTECTIVE CLOTHING 

27.1. Employees will be supplied with sufficient PPE which must be used in accordance with 

Company policy and will be resupplied on a fair wear and tear basis upon presentation 

of the damaged item back to the Company. PPE shall remain the property of the 

Company. 

28. OFFSHORE EMPLOYEES WORKING ONSHORE 

28.1. From time to time an Offshore Employee may be asked to work Onshore, where they 

will be paid at the Onshore Pay. 

McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 33 


scheduled to complete at the Offshore Pay. If the Employee remains on the Offshore Facility beyond their Work Cycle, they will continue to be regarded as being at work working their customary hours and will be paid Over Cycle until they are demobilised. 26.4. Where an Employee is held in standby at the Point of Assembly, the Employee shall be held in readiness and continue to be paid their Rostered Hours of Work at the Onshore Pay. This payment will be paid at the Night Shift Hourly Rate of Pay if the Employee is being required to return to Night Shift should they be mobilised to the Offshore Facility. 26.5. Where an Employee is stood down to their Point of Hire or is waiting to mobilise to begin their Work Cycle due to a cyclone, the Employee shall be held in readiness and paid 7.6 hours per On-duty Period shift at the Onshore Pay for a maximum of three (3) On-duty Period days. The applicable three (3) days shall include any stand down days paid at the Point of Assembly as provided for in subclause 26.4. Should an Employee be asked to mobilise during the cyclone stand down at the POH and is not willing or able to, the cyclone stand down period will be unpaid. 26.6. After three (3 days) stand down as provided for in subclause 26.5, if an Employee is unable to be mobilised, unworked days will be unpaid. 26.7. In lieu of enacting a cyclone stand down, the Company may require an Employee to undertake onshore training or alternative duties where the Employee will be paid at the Onshore Pay. For clarity, any paid hour for training or alternative duties is paid in lieu of a paid hour for cyclone stand down as provided for in subclause 26.6 and should the alternative training/work not cover the duration of stand down hours, the Employee will be paid the outstanding hours depending where the training/alternative duties take place. 27. PPE & PROTECTIVE CLOTHING 27.1. Employees will be supplied with sufficient PPE which must be used in accordance with Company policy and will be resupplied on a fair wear and tear basis upon presentation of the damaged item back to the Company. PPE shall remain the property of the Company. 28. OFFSHORE EMPLOYEES WORKING ONSHORE 28.1. From time to time an Offshore Employee may be asked to work Onshore, where they will be paid at the Onshore Pay. McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 33




 



28.2. If an Offshore Employee agrees to undertake a short-tenn Perth, Darwin or other 

location-based onshore assignment, the Employee may be required to work a different 

work pattern or Work Cycle for the duration of the assignment which may include a 

Monday to Friday 5-day week. 

28.3. All other entitlements and conditions under the Agreement would remain the same. 

29. CLASSIFICATIONS 

29.1. This Agreement provides for a six-level classification structure which encapsulated 

recognition for skills, experience and competencies. In addition, there is a recognition 

process for various specialist skills and positions held in terms of specified allowances 

across the offshore operations. Multi-skilling and multi-tasking are a fundamental part 

of all classifications prescribed within this agreement. 

McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 34 


28.2. If an Offshore Employee agrees to undertake a short-term Perth, Darwin or other location-based onshore assignment, the Employee may be required to work a different work pattern or Work Cycle for the duration of the assignment which may include a Monday to Friday 5-day week. 28.3. All other entitlements and conditions under the Agreement would remain the same. 29. CLASSIFICATIONS 29.1. This Agreement provides for a six-level classification structure which encapsulated recognition for skills, experience and competencies. In addition, there is a recognition process for various specialist skills and positions held in terms of specified allowances across the offshore operations. Multi-skilling and multi-tasking are a fundamental part of all classifications prescribed within this agreement. McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 34




 



Employees will be engaged in one of the Classifications in the table below: 

Panel Room Operators or equivalent shall be engaged or appointed by the Company to this 
classification. 

i,~~efB •~•s~iµof !ff~!e/Se#for ~rA11eJ)p~faf9r:z' sfmoi"Qp~rator 
• ". ,'· ·, •··,.·'•, ',' ,,.' ;, '. ', / i, , ' , •'O '-:,• \;, r,'s',, o·; , , , • •·. • • • ' •·• 

, ;-! 

Employees shall be appointed by the Company to this classification from a Level C. 

Senior Trade To be appointed, Senior Trade Employees must demonstrate and maintain the following: 

Inlec/Mechanical Techs holds: 

- SMOI Simple Mechanical Isolations or EOI Electrical Own Isolations; and 

- Complete time writing and job confirmations; and 

- PA permit authority, scope and create work permits; and 

- Complete and sign off TI work orders. 

Boilermaker/Welder holds: 

- Special Coded; and 

- Compliance with client trade specific training matrix. 

Painter Blaster Trade holds:· 

Certificate 3 in Engineering Fabrication Trade - Surface Finishing; and 

NACE (Level 1 or 2) qualification; and 

Compliance with client trade specific training matrix. 

Senior Crane Operator To be appointed, Senior Crane Operator Employees must have at least 5 years 
offshore experience and demonstrate and maintain the following: 

- HRWL with codes RA, SA, DG, CT; and 

- Offshore tower crane operator with Crane simulator (PMASUP305); and 

- Site specific VOC (Pedestal Crane Operator); and 

- Compliance with client trade specific training matrix; and 

- A minimum of 3 of either Coxswain; Emergency Response Team Member; Helideck 
assistant; complete role requirements; or HLO. 

Senior Operator (Production Technician) -To be appointed, Senior Operator (Production Technician) 
Employees must demonstrate and maintain the following: 

- Be assessed and a roved as corn etent for all core skill ro • • uirements as 

McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 35 


Employees will be engaged in one of the Classifications in the table below: Level A - Panel Room/ CCR Operator Panel Room Operators or equivalent shall be engaged or appointed by the Company to this classification. Level B - Senior Trade / Senior Crane Operator / Senior Operator Employees shall be appointed by the Company to this classification from a Level C. Senior Trade To be appointed, Senior Trade Employees must demonstrate and maintain the following: Inlec/Mechanical Techs holds: - SMOI Simple Mechanical Isolations or EOI Electrical Own Isolations; and - Complete time writing and job confirmations; and - PA permit authority, scope and create work permits; and - Complete and sign off TI work orders. Boilermaker/Welder holds: - Special Coded; and - Compliance with client trade specific training matrix. Painter Blaster Trade holds:' - Certificate 3 in Engineering Fabrication Trade - Surface Finishing; and NACE (Level 1 or 2) qualification; and - Compliance with client trade specific training matrix. Senior Crane Operator To be appointed, Senior Crane Operator Employees must have at least 5 years offshore experience and demonstrate and maintain the following: - HR WL with codes RA, SA, DG, CT; and - Offshore tower crane operator with Crane simulator (PMASUP305); and - Site specific VOC (Pedestal Crane Operator); and Compliance with client trade specific training matrix; and - A minimum of 3 of either Coxswain; Emergency Response Team Member; Helideck assistant; complete role requirements; or HLO. Senior Operator (Production Technician) - To be appointed, Senior Operator (Production Technician) Employees must demonstrate and maintain the following - Be assessed and approved as competent for all core skill group training requirements as McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 35




 



provided for in company training matrix for a Senior Operator. 

Senior appointments must have at least 5 years offshore experience; may be required to undertake duties 
across classifications; and must demonstrate that they are experienced, knowledgeable and highly 
competent in their classification. 

Appointments are required to be signed off by an authorised client project representative (e.g. 
MTL/Maintenance Supervisor) ancl an authorised company P.roject representative (e.g. 
Superintendent/Senior Supervisor). Once approved new rates will be applied from the next 
available pay period. 

,,:_:,' a 

q-,:".fi;~4~'¼f'i;~11~?~~~it9.r{Qp~f?,tof 

Trade - Employee must hold a trade qualification that is recognised and utilised by the Company. Trade 
Employees engaged at this classification include: 

• Inlec (Instrument and Electrical) 

• Electrician or Electrical Fitter 

• Instrument Fitter 

• HV AC Technician 

• Mechanical Fitter 

• Boilermaker/Welder 

• Sheetmetal Worker/Insulator Trade 

• Tube Fitter/Pipe Fitter Trade (Including plumber trades) 

• Industrial Painter and Blaster (trade qual Cert III Surface Finishing) 

Crane Operator- Employees must hold approved qualification/experience that is recognised and 
utilised by the Company. 

Operator (Production Technician) - Employees must hold the relevant current qualification and/or 
relative experience as an Operator (Production Technician) that is recognised and utilised by the 
Com an . 

McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 36 


provided for in company training matrix for a Senior Operator. Senior appointments must have at least 5 years offshore experience; may be required to undertake duties across classifications; and must demonstrate that they are experienced, knowledgeable and highly competent in their classification. Appointments are required to be signed off by an authorised client project representative (e.g. MTL/Maintenance Supervisor) and an authorised company project representative (e.g. Superintendent/Senior Supervisor). Once approved new rates will be applied from the next available pay period. C - Trade / Crane Operator / Operator Trade - Employee must hold a trade qualification that is recognised and utilised by the Company. Trade Employees engaged at this classification include: . Inlec (Instrument and Electrical) . Electrician or Electrical Fitter . Instrument Fitter . HVAC Technician . Mechanical Fitter . Boilermaker/Welder . Sheetmetal Worker/Insulator Trade . Tube Fitter/Pipe Fitter Trade (Including plumber trades) . Industrial Painter and Blaster (trade qual Cert III Surface Finishing) Crane Operator - Employees must hold approved qualification/experience that is recognised and utilised by the Company. Operator (Production Technician) - Employees must hold the relevant current qualification and/or relative experience as an Operator (Production Technician) that is recognised and utilised by the Company. D - Multiskilled Services Technician McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 36




 



Multiskilled Services Technician Employees shall be appointed by the Company to this classification 
from a Services Technician classification. To be appomted, Multiskilled Services Technician 
Employees must demonstrate and be required to utilise the following: 

• Competency -

In addition to their original Service Technician classification qualifications and competency, 
Employees will hold and utilise an additional qualification and competency in one of the 
roles below: 

Advanced Rigger and Advanced Scaffolder 

Industrial Painter/Blaster- Qualified and experienced 

Insulator/Lagger - Non-Trade - Qualified and experienced 

Service Technician - Non-Trade- Qualified, experienced and completes Heli Ops, 
Marine Ops and Deck Ops. 

For avoidance of doubt, an Advanced Rigger and Advanced Scaffolder who is also competent and 
required to undertake the duties of a qualified Service Technician from time to time will be 
reco nised at this level. 

Employees of this classification will hold the relevant current qualification and experience and be 
engaged as: 

• Advanced Rigger and/or Advanced Scaffolder 

• Industrial Painter/Blaster - Non-Trade - qualified and experienced 

• Insulator/Lagger - Non-Trade - qualified and experienced 

• Service Technician - Non-Trade - Heli Ops, Marine Ops and Deck Ops. 

• Store Person 

Employees of this level will be engaged as: 

• Operator (Production Technician) Trainee 

• Trades Apprentice 

• Trades Assistant 

• General Services Officer (GSO)- includes basic rigging, and/or scaffolding, stores, lagging, 
service tech duties in training. 

• Industrial Cleaner 

McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 37 


Multiskilled Services Technician Employees shall be appointed by the Company to this classification from a Services Technician classification. To be appointed, Multiskilled Services Technician Employees must demonstrate and be required to utilise the following: Competency - In addition to their original Service Technician classification qualifications and competency, Employees will hold and utilise an additional qualification and competency in one of the roles below: - Advanced Rigger and Advanced Scaffolder - Industrial Painter/Blaster - Qualified and experienced = Insulator/Lagger - Non-Trade - Qualified and experienced Service Technician - Non-Trade - Qualified, experienced and completes Heli Ops, Marine Ops and Deck Ops. For avoidance of doubt, an Advanced Rigger and Advanced Scaffolder who is also competent and required to undertake the duties of a qualified Service Technician from time to time will be recognised at this level. E - Services Technician Employees of this classification will hold the relevant current qualification and experience and be engaged as: · Advanced Rigger and/or Advanced Scaffolder · Industrial Painter/Blaster - Non-Trade - qualified and experienced . Insulator/Lagger - Non-Trade - qualified and experienced Service Technician - Non-Trade - Heli Ops, Marine Ops and Deck Ops. · Store Person F - General Services/ Entry Level Employees of this level will be engaged as: · Operator (Production Technician) Trainee Trades Apprentice Trades Assistant . General Services Officer (GSO) - includes basic rigging, and/or scaffolding, stores, lagging, service tech duties in training. · Industrial Cleaner McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 37




 



SCHEDULE 1- RATES OF PAY 

Flat Hourly Rate 

SCH 1 (1). The flat hourly rates in these Schedules incorporate all payments, 

entitlements, wage benefits and other compensation except where expressly 

provided elsewhere in this Agreement, including but not limited to: 

a) All rostered work hours including work on Saturdays, Sundays and Public Holidays; 

b) All other applicable allowances, penalties, licences and disabilities associated with the 
work; 

c) Loadings including casual loading; 

d) Shift handovers, attendance at safety meetings, all fire, emergency, first aid, safety 
evacuation and muster drills occurring during off-duty time; 

e) Shift work; 

f) And all other factors associated with the work performed on the Offshore Facility. 

Base Hourly Rate of Pay 

SCH 1 (2). At the commencement of this Agreement the following flat hourly rates of 

pay shall be paid to Employees engaged under this Agreement for all ordinary 

hours and additional hours worked which are not Over Cycle. 

Level A - Panel Room Operator 

Level B - Senior Trade 
Senior Crane 
Operator Senior 
0 erator 

Level C - Trade 
Crane Operator 
Operator (Prod Tech) 

Level D - Multiskilled Services Tech 

Level E - Services Technician 

Level .F - General Services/ Entry Level 

• /:!•~!f~!gf!i!l~!f;i 
· (J;lom;lfRate;~ifJay3 •• 

$101.65 

$96.05 

$93.57 

$90.99 

$88.40 

$80.28 

i':~NightShift)J~se' 
ijo.~rly'Rati\)'t '.11af J:t 

$119.33 

$112.76 

$109.85 

$106.82 

$103.78 

$94.25 

McDennott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 38 


SCHEDULE 1 - RATES OF PAY Flat Hourly Rate SCH 1 (1). The flat hourly rates in these Schedules incorporate all payments, entitlements, wage benefits and other compensation except where expressly provided elsewhere in this Agreement, including but not limited to: a) All rostered work hours including work on Saturdays, Sundays and Public Holidays; b) All other applicable allowances, penalties, licences and disabilities associated with the work; ) Loadings including casual loading; 0 d) Shift handovers, attendance at safety meetings, all fire, emergency, first aid, safety evacuation and muster drills occurring during off-duty time; e) Shift work; f) And all other factors associated with the work performed on the Offshore Facility. Base Hourly Rate of Pay SCH 1 (2). At the commencement of this Agreement the following flat hourly rates of pay shall be paid to Employees engaged under this Agreement for all ordinary hours and additional hours worked which are not Over Cycle. Base Hourly Rate of Pay Day Shift Base Night Shift Base Classification Hourly Rate of Pay Hourly Rate of Pay Level A - Panel Room Operator $101.65 $119.33 Level B - Senior Trade Senior Crane Operator Senior $96.05 $112.76 Operator Level C - Trade Crane Operator Operator (Prod Tech) $93.57 $109.85 Level D - Multiskilled Services Tech $90.99 $106.82 Level E - Services Technician $88.40 $103.78 Level.F - General Services/ Entry Level $80.28 $94.25 McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 38




 



Over Cycle Hourly Rate of Pay 

SCH 1 (3). At the commencement of this Agreement the following flat Over Cycle 

hourly rate of pay shall be paid to Employees engaged under this Agreement 

for all Over Cycle hours of work. 

·Oyel.'.;~Y~le :11.ourly~at~of;Paf:. " •• ·.. ' D~'.f; Sh.fftOvef •••• ~igl1.,t ShiffQye~ 
I', ·,;}::- i)\? ~ '.,, . ~··,:/·/ ~.· \ ,,:·,"- .. ..... Cyfle }!'ourly. • •• . GycieJ1our1f: ; 

: 
. 

Cl~s~i,fi:ation • • R~t~ qf Pay . 
.. ,::,, Rate of Pay :,';, :?·•: :' .. :.·.: : .. 

,,,·,/t:", ,·:· ... ' ,;' :·~, • ' • •· . 

Level A - Panel Room Operator $119.33 $137.00 

Level B - Senior Trade 
Senior Crane Operator $112.76 $129.46 
Senior Operator 

Level C - Trade 
Crane Operator $109.85 $126.12 
Operator (Prod Tech) 

Level D - Multi skilled Services Tech 
$106.82 $122.64 

Level E- Services Technician $103.78 $119.16 

Level F - General Services/ Entry Level 
$94.25 $108.21 

Wage Escalations 

SCH 1 (4). On 22 March 2024 and every 12 months thereafter, the hourly rates of 

pay (Base, Night Shift and Over Cycle) detailed above in (2), (3) of this 

Schedule will increase by the CPI% (as defined in Clause 4) or 2.5%, 

whichever is higher. 

McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 39 


Over Cycle Hourly Rate of Pay SCH 1 (3). At the commencement of this Agreement the following flat Over Cycle hourly rate of pay shall be paid to Employees engaged under this Agreement for all Over Cycle hours of work. Over Cycle Hourly Rate of Pay Day Shift Over Night Shift Over Cycle Hourly Cycle Hourly Classification Rate of Pay Rate of Pay Level A - Panel Room Operator $119.33 $137.00 Level B - Senior Trade Senior Crane Operator $112.76 $129.46 Senior Operator Level C - Trade Crane Operator $109.85 $126.12 Operator (Prod Tech) Level D - Multiskilled Services Tech $106.82 $122.64 Level E - Services Technician $103.78 $119.16 Level F - General Services/ Entry Level $94.25 $108.21 Wage Escalations SCH 1 (4). On 22 March 2024 and every 12 months thereafter, the hourly rates of pay (Base, Night Shift and Over Cycle) detailed above in (2), (3) of this Schedule will increase by the CPI % (as defined in Clause 4) or 2.5%, whichever is higher. McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 39




 



SCHEDULE 2. ALLOWANCES 

Offshore Allowance 

SCH 2 (1). An Employee will receive an Offshore Allowance for each hour 

worked while on the Offshore Facility. For the avoidance of doubt, 

the Offshore Allowance is paid when an Employee is working 

offshore and it is not paid when an Employee is 'not offshore' except 

in circumstances as specifically stated in this Agreement. 

The Offshore Allowance will be: 

Offshore 
Allowance 

$7.55 

Leading Hand Allowance 

$7.74 $7.94 $8.13 

SCH 2 (2). An Employee who is appointed by the Company to be a Leading Hand 

will be paid a flat leading hand allowance paid on all hours, including 

training. 

SCH 2 (3). For short term assignments or step up situations, the Company may 

require an Employee to temporarily undertake the role of a Leading 

Hand (including Rope Access Level 3). In these situations, the 

Employee will be paid the Leading Hand Allowance for the duration 

they undertake the role. 

SCH 2 ( 4). The Leading Hand Allowance will be: 

Leading 
Hand 
Allowance 

$3.58 $3.67 $3.76 

McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 

$3.86 

40 


SCHEDULE 2. ALLOWANCES Offshore Allowance SCH 2 (1). An Employee will receive an Offshore Allowance for each hour worked while on the Offshore Facility. For the avoidance of doubt, the Offshore Allowance is paid when an Employee is working offshore and it is not paid when an Employee is 'not offshore' except in circumstances as specifically stated in this Agreement. The Offshore Allowance will be: Commencement First full pay First full pay First full pay period after period after period after Year 1 of the Year 2 of the Year 3 of the commencement commencement commencement anniversary anniversary anniversary Offshore $7.55 $7.74 $7.94 $8.13 Allowance Leading Hand Allowance SCH 2 (2). An Employee who is appointed by the Company to be a Leading Hand will be paid a flat leading hand allowance paid on all hours, including training. SCH 2 (3). For short term assignments or step up situations, the Company may require an Employee to temporarily undertake the role of a Leading Hand (including Rope Access Level 3). In these situations, the Employee will be paid the Leading Hand Allowance for the duration they undertake the role. SCH 2 (4). The Leading Hand Allowance will be: Commencement First full pay First full pay First full pay period after period after period after Year 1 of the Year 2 of the Year 3 of the commencement commencement commencement anniversary anniversary anniversary Leading $3.58 $3.67 $3.76 $3.86 Hand Allowance McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 40




 



Electrical Licence Allowance 

SCH 2 (5). An Employee who is required by the Company to hold a relevant State 

or Territory electrical licence will be paid a flat electrical licence 

allowance paid on all hours, including training. The Electrical Licence 

Allowance will be: 

Electrical Licence 
Allowance 

$2.01 

Dual Trade Instrument and Electrical Tradesperson Allowance 

$2.06 $2.11 

SCH 2 (6). An Employee who is required by the Company as a Dual Trade 

Instrument and Electrical Tradesperson (lnlec) will be paid a flat dual 

trades allowance, paid on all hours including training. The Dual Trade 

Instrument and Electrical Tradesperson Allowance will be: 

Dual Trade I&E 
Trades Allowance 

Rove Access Allowance 

$2.06 $2.11 $2.16 $2.22 

SCH 2 (7). An Employee who is appointed by the Company to undertake Rope 

Access duties will receive the following flat Rope Access Allowance for 

each shift worked where they are required to undertake those duties. For 

avoidance of doubt Rope Access Duties include on-rope and off-rope 

category hours such as setting up, work and clear away and associated 

paperwork but do not include other related duties such as scoping how a 

job can be carried out. The Rope Access Allowance will be: 


Electrical Licence Allowance SCH 2 (5). An Employee who is required by the Company to hold a relevant State or Territory electrical licence will be paid a flat electrical licence allowance paid on all hours, including training. The Electrical Licence Allowance will be: Commencement First full pay First full pay First full pay period after period after period after Year 1 of the Year 2 of the Year 3 of the commencement commencement commencement anniversary anniversary anniversary Electrical Licence $1.96 $2.01 $2.06 $2.11 Allowance Dual Trade Instrument and Electrical Tradesperson Allowance SCH 2 (6). An Employee who is required by the Company as a Dual Trade Instrument and Electrical Tradesperson (Inlec) will be paid a flat dual trades allowance, paid on all hours including training. The Dual Trade Instrument and Electrical Tradesperson Allowance will be: Commencement First full pay First full pay First full pay period after period after period after Year 1 of the Year 2 of the Year 3 of the commencement commencement commencement anniversary anniversary anniversary Dual Trade I&E $2.06 $2.11 $2.16 $2.22 Trades Allowance Rope Access Allowance SCH 2 (7). An Employee who is appointed by the Company to undertake Rope Access duties will receive the following flat Rope Access Allowance for each shift worked where they are required to undertake those duties. For avoidance of doubt Rope Access Duties include on-rope and off-rope category hours such as setting up, work and clear away and associated paperwork but do not include other related duties such as scoping how a job can be carried out. The Rope Access Allowance will be:




 



Allowance· 

Level 1 $24.60/shift 

Level2 & 3 $36.90/shift 

First:{ull paf 
• peri6d afte'r 
v~it i.ofiii~ 

collllll;hcJinerit: 
",,,_,:" ,' ,, 

$25.22/shift 

$37.82/shift 

Fiistfqll p11y 
•• . piricil aitJ'r 

•• :;Ye~r2Mthi 

$25.85/shift 

$38.77/shift 

•• FkstJull pay 
... • pefiq~ after 
Yeit3ofth: 

comni~n~~ment 
a~Iili~.-~~ry •· .·•· 
$26.49/shift 

$39.74/shift 

SCH 2 (8). A Level 3 Rope Access qualified Employee who is appointed by the 

Company to undertake Level 3 duties will receive the flat Leading Hand 

Allowance as provided for in subclause (2) of this schedule in addition to 

the Rope Access Allowance. 

Special Coded Welder Allowance 

SCH 2 (9). An Employee who is required by the Company to undertake welding 

work which requires a specific qualification to meet the desired 

Australian Standard, and are welding either: 

• stainless steel (304,310,316, or 904); or 

• chrome molybdenum; or 

• aluminium; or 

• other exotic metals as defined by the Company 

shall receive a flat Special Coded Welder Allowance for each hour 

worked while undertaking those duties. The Special Coded Welder 

Allowance will be: 

Special Coded 

Welder Allowance 

$1.96 $2.01 $2.06 

McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 

$2.11 

42 


Rope Access Allowance First full pay First full pay First full pay Level ($) / Shift period after period after period after Commencement Year 1 of the Year 2 of the Year 3 of the commencement commencement commencement anniversary anniversary anniversary Level 1 $24.60/shift $25.22/shift $25.85/shift $26.49/shift Level 2 & 3 $36.90/shift $37.82/shift $38.77/shift $39.74/shift SCH 2 (8). A Level 3 Rope Access qualified Employee who is appointed by the Company to undertake Level 3 duties will receive the flat Leading Hand Allowance as provided for in subclause (2) of this schedule in addition to the Rope Access Allowance. Special Coded Welder Allowance SCH 2 (9). An Employee who is required by the Company to undertake welding work which requires a specific qualification to meet the desired Australian Standard, and are welding either: . stainless steel (304, 310, 316, or 904); or . chrome molybdenum; or . aluminium; or · other exotic metals as defined by the Company shall receive a flat Special Coded Welder Allowance for each hour worked while undertaking those duties. The Special Coded Welder Allowance will be: Commencement First full pay First full pay First full pay period after Year 1 period after Year 2 period after Year 3 of the of the of the commencement commencement commencement anniversary anniversary anniversary Special Coded $1.96 $2.01 $2.06 $2.11 Welder Allowance McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 42




 



43

SIGNATORIES
Signed on behalfofthe Entployer

Signature

ecce A (Q
Position / Authority to Sign

s/ 10/23
Date

Witness Signature

Co

Address

Full Name

IS-I* IN/ t

E R T H 6000
Address

Clarence Paul
W itness Full Name

slj0123
Date

Signed for on behalf of the Australian Workers Unions

Signature

AWU National Secretary

Position / Authority to Sign

Date
5 October 2023

Witness Signature

Level 2, 16-20 Good st Granville NSW 2142

Address

Paul Farrow

Full Name

Level 2, 16-20 Good st Granville NSW 2142

Address

Debra Bushell

WitnßB8 Full Name

5 October 2023

Dato

McDermott Australia Ply Ltd Offshore Deconuni8Bioning J!ntgrprlßß Agroetnont 2023

43 

SIGNATORIES 

Date 

Witness Signature 

Address 

,~ - 11- VJi'I ,oM r 
Efl-TH LJ// Gooo 

Address 

Witness Full Name 

Date 

Signed for on behalf of the Australian Workers Unions 

~ 
;, Paul Farrow 

Signature Full Name 

A WU National Secretary Level 2, 16-20 Good St Granville NSW 2142 

Position / Authority to Sign Address 

Date 
5 October 2023 

~ Debra Bushell 

WHness Sjgnature Wltni,sa Pull Nnmo 

Level 2, 16-20 Good St Granville NSW 2142 5 October 2023 

' ' 't'. 

Address Onto '·1 '."~ ..... : 
I· ... di· 

~ • • • .. 1 ' 

Mcl)crmott Australia Jty Ltd Offlhoro Peco111ml1111lo11lns Bntorprl110 Asroomont 2023 


43 SIGNATORIES Signed on behalf of the Employer NATASHA O'DONNELL Signature Full Name 15-17 William St DIRECTOR HR PERTH WA 6000 Position / Authority to Sign Address 5/10/23 Date UPal Clarence Paul Witness Signature Witness Full Name . 15-17 William St PERTH IWA 6000 5/10/23 Address Date Signed for on behalf of the Australian Workers Unions Paul Farrow Signature Full Name A WU National Secretary Level 2, 16-20 Good St Granville NSW 2142 Position / Authority to Sign Address Date 5 October 2023 Debra Bushell Witness Signature Witness Full Name Level 2, 16-20 Good St Granville NSW 2142 5 October 2023 Address Date McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023




 



44

Signed on behalfofthe Electrical Trades Union:

Signature Full Name

ETC) WA
Position / Authority to Sign Address

Date S 0Cfov'3eL

Witness Signature Witness Full Name

WA-reyC VA Cos
Address Date

McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023

4 

half f the lectrical Trades Union: 

(?(d/ PE", e-e. c~e"TE-V 

ignature ' - - Full Name 

c\U WA ~4NU-\ ;EL-~ ,At'c'.~ 3 i=oc.. f\1..- WA'-\ 
bo -;- 1 ~A-I.SwA,1:.-? w.4 

Po ition / Autl1ority to Sign Address 

Date s 0::...-to ./b1.::;Yl '2.02. s 

~~ \:__ l '(\A. S"(""~A~, 

Witness Signature Witness Full Name 

3 ~c,,A,.__ vJA--'\ 
S ~ c:c.A-o\oer 1 

2ID1- 3, 
g A---\S. w .A-r t'Yl. v!A /oO'S~ 

Address Date 

McDennott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023 


44 Signed on behalf of the Electrical Trades Union: PCIL PETER CARTER Signature Full Name ETU WA BRANCH SECRETARY FOCAL WAY BAYSWATER WA 6053 Position / Authority to Sign Address Date 5 OCTOBER 2023 KSHA kim STEWART Witness Signature Witness Full Name 3 FOCAL WAY BAYSWATER WA 6053 5th October, 2023 Address Date McDermott Australia Pty Ltd Offshore Decommissioning Enterprise Agreement 2023

Cases cited by this decision: