DETERMINATION

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

4 yearly review of modern awards
(AM2016/5)

PORTS, HARBOURS AND ENCLOSED WATER VESSELS AWARD 2010
[MA000052]

Port authorities

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

A. Further to the Full Bench decision [[2020] FWCFB 1450] 1 issued on 24 March 2020, the above award is varied as follows:

1. By deleting clause 4.1 and inserting the following:

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

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

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

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

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

(a) the Dredging Industry Award 2010;

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

(c) the Maritime Offshore Oil and Gas Award 2020;

(d) the Port Authorities Award 2010; or

(e) the Stevedoring Industry Award 2020.

4.4 This award does not cover employers in respect of their operations covered by the Marine Towage Award 2010.

4. By updating cross-references accordingly.

B. This determination comes into operation from 1 May 2020. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect until the start of the first full pay period that starts on or after 1 May 2020.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

 1   See also [2019] FWCFB 8721 and [2019] FWCFB 5596.