Dec 1485/98 S Print Q9604

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Review of awards pursuant to Item 51 of Part 2 of Schedule 5 of the

Workplace Relations and Other Legislation Amendment Act 1996

MARITIME INDUSTRY MODERN SHIPS AWARD I989

(ODN C No. 26315 of 1989)

[Print J0928 [M0324]]

(C No. 00105 of 1998)

Review of awards pursuant to Item 51 of Part 2 of Schedule 5 of the

Workplace Relations and Other Legislation Amendment Act 1996

MARITIME INDUSTRY SEAGOING AWARD 1983

(ODN C No. 00612 of 1983)

[Print F4185 [M0017]]

(C No. 00107 of 1998)

Various employees

Maritime industry

   

COMMISSIONER WILKS

SYDNEY, 14 DECEMBER 1998

Award simplification

DECISION

These matters are reviews of the Maritime Industry Modern Ships Award 1989 (MIMSA) and the Maritime Industry Seagoing Award 1983 (MISA), pursuant to Item 51 of Part 2 of Schedule 5 of the Workplace Relations and Other Legislation Amendment Act 1996 (WROLA).

The review of these Awards has been the subject of numerous proceedings before the Commission and conferences between the parties themselves.

In proceedings before me on 8 December 1998 the parties tendered a draft order which, in the submission of the parties, gives effect to the requires of s.89A of the Workplace Relations Act 1996 (the Act) and meets the criteria set out in sub-items 51(6) and (7) of WROLA.

The draft order related to MIMSA only. It was the parties agreed position that, once MIMSA is varied in accordance with the draft order (exhibit ASA 1), then MISA could be set aside.

In transcript on 8 December I expressed a view that, subject to minor amendment, I would accept the draft order and vary MIMSA accordingly and at the same time issue orders setting aside MISA. This decision identifies the changes I will make to ASA 1 prior to issuing the order.

1. · The Award title will be amended to read "Maritime Industry Seagoing (Interim) Award 1998" and

2. I will include the words "or other employee representative" in sub-clause 8.2.3 at line 4, to take account of the possibility that employees who are not union members will need to access these provisions.

3. I will delete the words "It is the intention of the parties that" and "and that vessels continue to trade," from sub-clause 8.4 at lines 1 and 2 respectively.

4. I will remove the word "and" from the second line of sub-clause 9.1 and add to the end of the clause the words "and applicable legislation".

5. The words "OF EMPLOYMENT" will be added to the title of clause 11.

6. Clause 13.3 is obsolete. I will delete it.

7. Clause 16.1.1. will be amended so as to read "where the employer accommodates and keeps the employee in the vessel".

8. The reference to sub-clause 9.1.3 in sub-clause 19.1.2 is incorrect and should read 19.1.3. It will be amended.

9. The reference to Saturdays, Sundays and Public Holidays has been deleted from 19.1.2. On this point the parties did not agree. Mr Giddins submitted that the inclusion of payment at the higher rate is an existing entitlement and should not be deleted as part of the simplification process. I agree with that submission and refer the parties to the award simplification principles on this point.

10. Clause 26.1 requires re-drafting so as to properly emphasise the reimbursement allowance. It will be amended accordingly.

11. As with 26.1, Clause 27 requires re-drafting to properly emphasise the reimbursement allowance with an exemption where the amenity is provided by the employer. It will be amended accordingly.

12. The word "thereunder" at line 3 of clause 28 is unnecessary and will be deleted.

13. The word "therein" where it appears at the second dot point of clause 29 is unnecessary and will be deleted.

14. As with clauses 26.1 and 27, this clause also requires re-drafting. It will be amended accordingly.

15. As a consequence of the above some clauses will be renumbered.

Other than the changes referred to above I will adopt the draft ASA 1. The MIMSA will be varied accordingly.

When varied, the Maritime Industry Seagoing (Interim) Award 1998 will contain only allowable award matters in accordance with s.89A of the Act, or matters which are incidental to and necessary for the effective operation of the Award under s.89A(6) of the Act.

Further, when varied, the Award will meet the criteria set out in Item 51(6) and (7) of WROLA.

There remains the issue of the conversion of the rates of pay in this award to properly fixed minimum rates in accordance with Item 51(4) of WROLA and the Paid Rates Review decision [Print Q7661].

The parties are directed to confer on this subject. The matter will be listed for conference before me at 10:00am on Monday 1 February 1999.

BY THE COMMISSION:

COMMISSIONER

Decision Summary

   

Award - review of award - award simplification - allowable matters - s89A Workplace Relations Act 1996 - Item 51 Workplace Relations and Other Legislation Amendment Act 1996 - various employees, maritime industry - parties agreed that if draft order to vary MIMSA was approved the MISA could be set aside - various amendments to draft - satisfied requirements of s89A and Items 51(6) and (7) met - MISA set aside - title amended to Maritime Industry Seagoing (interim) Award 1998 - operative for three months - issue of conversion of the rates of pay to properly fixed minimum rates in accordance with Item 51(4) and the Paid Rates Review decision (Print Q7661) - review to continue - parties to confer.

Re: Maritime Industry Modern Ships Award 1989 and Maritime Industry Seagoing Award 1983

C No. 00105 of 1998

Print Q 9604

Wilks C

Sydney

14 December 1998

Printed by authority of the Commonwealth Government Printer

<Price code A>

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