AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION AUSTRALIAN INDUSTRIAL REGISTRY LOOSE-LEAF CONSOLIDATION OIL DRILLING RIG WORKERS AWU (ONSHORE) AWARD 1999

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1 AW [loose-leaf version] AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION AUSTRALIAN INDUSTRIAL REGISTRY LOOSE-LEAF CONSOLIDATION OIL DRILLING RIG WORKERS AWU (ONSHORE) AWARD 1999 This award as varied 20 December 2005 (variation PR966887) comprises pages: A <Total number of pages = 35> DISCLAIMER Please note that this consolidated award is prepared by the Australian Industrial Registry, and is believed to be accurate but no warranty of accuracy or reliability is given and no liability is accepted for errors or omissions or loss or damage suffered as a result of a person acting in reliance thereon. Official copies of Australian Industrial Relations Commission decisions, awards and orders can be purchased from the Australian Industrial Registry in each capital city. Printed by authority of the Commonwealth Government Printer

2 AW [loose-leaf version] AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Workplace Relations Act 1996 Review of awards pursuant to Item 51 of Part 2 of Schedule 5 of the Workplace Relations and Other Legislation Amendment Act 1996 (C No of 1999) OIL DRILLING RIG WORKERS (ONSHORE) AWARD 1990 (ODN C No of 1982) [Print L3364 [O0019]] Various employees Oil and gas industry SENIOR DEPUTY PRESIDENT POLITES MELBOURNE, 10 MAY 2000 Award simplification - Item 51 Review. PREAMBLE On 16 December 1999 the parties to the award considered a draft simplified award following which the Commission made the following statement, now edited: Mr Schmidt, appearing for the Australian Mines and Metals Association Inc, should prepare a draft and forward a copy to the Commission and Mr Beard, appearing for The Australian Workers Union. Mr Beard should advise the Commission by close of business on 24 December 1999 of his agreement to the draft, then subject to the Commission being finally satisfied with the document a simplified award will issue without the necessity for further hearing. If there is a difficulty raised by either party or if the Commission feels there is a difficulty I will communicate with the parties and either invite written submissions to deal with the outstanding matters or if necessary I will relist the matter. Following further correspondence between the parties and the Commission and no objection having been received a simplified award will be made in the form agreed between the parties. I am satisfied that the proposed award complies with Item 51 of the Transitional Provisions of the Workplace Relations and Other Legislation Amendment Act The award will be operative from the first pay period to commence on or after 16 December A. The above award is varied as follows: ORDER By deleting all clauses and schedules and inserting the following: AW

3 PART 1 - APPLICATION AND OPERATION OF AWARD 1. AWARD TITLE This award will be known as the Oil Drilling Rig Workers AWU (Onshore) Award ARRANGEMENT This award is arranged as follows: Part 1 Application and operation of award 1. Award title 2. Arrangement 3. Definitions 4. Date the award starts 5. Where and who the award covers 6. Who is bound by the award? 7. Relationship to other awards 8. Anti-discrimination Part 2 Award flexibility 9. Enterprise flexibility provisions 10. Index of facilitative provisions Part 3 Dispute resolution and communication 11. Procedure to avoid industrial disputes 12. Posting of award Part 4 Employer and employee s duties, employment relationship and related matters 13. Work organisation 14. Types of employment 15. Stand down 16. Redundancy 17. Termination of employment 18. Workplace abandonment Part 5 Wages and related matters 19. Classifications and wage structure 20. Penalty rates 21. Allowances 22. Accident make-up payment 23. Superannuation AW

4 Part 6 Hours of work and overtime 24. Hours of work 25. Overtime 26. Stand-by Part 7 Leave of absence and public holidays 27. Annual leave 28. Personal leave 29. Parental leave 30. Jury service 31. Public holidays Schedule of respondents 3. DEFINITIONS The Act means the Workplace Relations Act 1996 as amended from time to time. 4. DATE THE AWARD STARTS The award comes into force from the first pay period to commence on or after 16 December 1999 and will remain in force for a period of six months. 5. WHERE AND WHO THE AWARD COVERS 5.1 Where does the award apply? The award applies in all States and Territories of Australia. 5.2 Who does the award apply to? This award applies to employees of the employers listed in Schedule A of this award when employed in or in connection with the operation of onshore drilling rigs, drilling for hydrocarbons and work incidental thereto. 6. WHO IS BOUND BY THE AWARD? 6.1 This award binds: The Australian Worker s Union and its members; the employers listed in Schedule A attached to this award. 6.2 The award applies to the employees of the employer identified above, whether members of union or not. AW

5 7. RELATIONSHIP TO OTHER AWARDS Nothing in this award shall in itself operate to reduce the conditions of employment of an employee which were in existence immediately prior to or at the commencement of this award in respect to allowable matters. 8. ANTI-DISCRIMINATION 8.1 It is the intention of the respondents to this award to achieve the principal object in s.3(j) of the Workplace Relations Act 1996 through respecting and valuing the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, natural extraction or social origin. 8.2 Accordingly, in fulfilling their obligations under the dispute avoidance and settling clause, the respondents must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects. 8.3 Nothing in this clause is taken to affect: any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation; junior rates of pay, until 22 June 2000 or later date determined by the Commission in accordance with s.143(1e) of the Act; an employee, employer or registered organisation, pursuing matters of discrimination in any State or federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission the exemptions in s.170ck(3) and (4) of the Act. PART 2 - AWARD FLEXIBILITY 9. ENTERPRISE FLEXIBILITY PROVISIONS (See ss.113a and 113B of the Act) 9.1 Where an employer or employees wish to pursue an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs the following process will apply: A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace will be established For the purpose of the consultative process the employees may nominate the union or another to represent them Where agreement is reached an application will be made to the Commission. AW

6 10. INDEX OF FACILITATIVE PROVISIONS 10.1 A facilitative provision is one which provides that the standard approach in an award provision may be departed from by agreement between an individual employer and the Union and/or an employee, or the majority of employees, in the enterprise or workplace concerned Facilitative provisions in this award are contained in the following clauses: Clause title Clause number Substitution of public holidays 31.5 Stand-by 26.1 and 21.6 Hours of work Annual leave 27.3 PART 3 - DISPUTE RESOLUTION AND COMMUNICATION 11. PROCEDURE TO AVOID INDUSTRIAL DISPUTES 11.1 In the event of a dispute arising in the workplace the procedure to be followed to resolve the matter will be as follows: The matter will be submitted by an employee or the union representative to the employer s representative on the job If not settled the matter will be formally submitted by the employee or union to the employer, or visa versa If still not settled the matter will be referred to the Australian Industrial Relations Commission While the above procedure is being followed, work will continue normally where it is agreed that there is an existing custom, but in other cases the work will continue at the instruction of the employer. While the parties attempt to resolve the matter work will continue as normal unless an employee has a genuine concern about an imminent risk to his or her health and safety. No party will be prejudiced as to final settlement by the continuance of work in accordance with this subclause. 12. POSTING OF AWARD A copy of this award and all amendments thereto will be exhibited or made available by the employer in every place of work. AW

7 PART 4 - EMPLOYER AND EMPLOYEE S DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED MATTERS 13. WORK ORGANISATION Employees must undertake duties as directed within the limits of their competence. 14. TYPES OF EMPLOYMENT 14.1 Weekly employment Employment shall be by the week Probationary employment An employee will be engaged by the employer on a probationary basis for a maximum period of 9 weeks (3 cycles). The probationary period will permit an employee to be inducted, undergo initial employer training and for the employer to assess the employee's performance During this probationary period either party may terminate employment by giving one day's notice During the period of probationary employment, the employee's service will count for the purposes of accruing leave entitlements, but the employee will not be entitled to any paid leave, other than sick leave or bereavement leave, during that probationary period This clause will not apply to employees who are re-engaged by an employer if break between periods of employment is less than 12 months. 15. STAND DOWN 15.1 The employer may deduct payment for any day the employee cannot be usefully employed because of any strike or through any breakdown of machinery or any stoppage of work by any cause for which the employer cannot reasonably be held responsible Provided that in the event of storm, cyclones or other conditions which result in the abandonment of an oil well drilling rig, the conditions of subclause 18.4 of this award shall be applicable 16. REDUNDANCY 16.1 Definition Redundancy occurs when an employer decides that the employer no longer wishes the job the employee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour. AW

8 16.2 Transfer to lower paid duties Where an employee is transferred to lower paid duties by reason of redundancy the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may at the employer s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary rate of pay and the new ordinary time rate for the number of weeks of notice still owing Severance pay In addition to the period of notice prescribed for ordinary termination clause 17, Termination of employment, an employee whose employment is terminated by reason of redundancy must be paid, the following amount of severance pay in respect of a continuous period of service: Period of continuous service Severance pay 1 year or less nil 1 year and up to the completion of 2 years 4 weeks pay 2 years and up to the completion of 3 years 6 weeks pay 3 years and up to the completion of 4 years 7 weeks pay 4 years and over 8 weeks pay Week s pay means the ordinary time rate of pay for the employee concerned Provided that the severance payments will not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee s normal retirement date Employee leaving during notice period An employee whose employment is terminated by reason of redundancy may terminate his/her employment during the period of notice and, if so, will be entitled to the same benefits and payments under this clause had they remained with the employer until the expiry of such notice. However, in this circumstance the employee will not be entitled to payment in lieu of notice Alternative employment An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee. AW

9 16.6 Time off during notice period During the period of notice of termination given by the employer an employee will be allowed up to one day s time off without loss of pay during each week of notice for the purpose of seeking other employment If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee will, at the request of the employer, be required to produce proof of attendance at an interview or he or she will not receive payment for the time absent. For this purpose a statutory declaration will be sufficient Employees exempted This clause will not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, neglect of duty or misconduct, and in the case of casual employees, or employees engaged for a specific period of time or for a specific task or tasks Employers exempted Subject to an order of the Commission, in a particular redundancy case, this clause will not apply to employers who employ less than fifteen employees Incapacity to pay An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied on the basis of the employer s incapacity to pay. 17. TERMINATION OF EMPLOYMENT 17.1 Employment for employees may be terminated by the employer or employee giving the other the appropriate amount of notice as specified below or pay in lieu thereof, or part notice and part pay in lieu. Compensation in lieu of notice must be calculated as if the employee had continued in normal employment for that period Period of continuous service Period of notice 1 year or less 1 week 1 year and up to 3 years 2 weeks 3 years and up to 5 years 3 weeks 5 years and over 4 weeks 17.3 In addition to the notice specified above, the employer will give employees 45 years of age or older, at the time of giving notice with not less than two years continuous service, an additional week's notice. AW

10 17.4 The period of notice in this clause, will not apply in the case of dismissal for conduct that justifies instant dismissal including inefficiency within the first fourteen days, neglect of duty or misconduct and in the case of casual employees, apprentices, or employees engaged for a specific period of time or for a specific task or tasks If an employee fails to give notice the employer has the right to withhold monies due to the employee to a maximum amount equal to the ordinary time rate of pay for the period of notice In calculating any payment in lieu of notice, the wages an employee would have received in respect of the ordinary time they would have worked during the period of notice had their employment not been terminated will be used. 18. WORKPLACE ABANDONMENT 18.1 In the event of storm or cyclone or other conditions which result in the abandonment of an oil drilling rig, the following shall apply: Employees shall carry out their normal duties until such time as normal duties become impracticable due to any reasons including safety factors Employees who are prevented from carrying out their normal duties shall be put on to alternative duties, maintaining their ordinary award wage rates Employees for whom no alternative work can be found and employees for whom no further alternative work can be found shall be stood down Employees stood down shall maintain their ordinary award wage rate for a maximum period of 5 ordinary working days (i.e. 5 eight hour shifts) In the event of work not resuming at the conclusion of the five day period referred to in 18.4 hereof, the employer and employee(s) with the employee s representative shall enter into further negotiation Notwithstanding the above, an employee may elect not to accept alternative duties in which case subclause 18.4 hereof shall not apply. PART 5 - WAGES AND RELATED MATTERS 19. CLASSIFICATION STRUCTURE AND WAGES [19.1 substituted by V005 PR PR933191; PR ppc 11Mar05] 19.1 For work done during ordinary hours an employee engaged in a classification specified in the table hereunder shall be paid at the respective rate per week assigned to that classification: AW

11 Classification Minimum award rate $ Qualified Cook Derrickman Other cook Floorman Labourer Cook's offsider Utility attendant Arbitrated safety net adjustment [19.2 substituted by S6110 PR PR933191; PR ppc 11Mar05] The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review - Wages decisions May 2003 [PR002003] and May 2004 [PR002004]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required. Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments Classification structure Qualified cook Qualified cook will mean a commi chef or equivalent who has completed an apprenticeship or who has passed the appropriate trade test and who is engaged in cooking, baking, pastry cooking or butchering duties, and performs any of the following: (a) (b) (c) general duties including supervision and/or training of other kitchen staff; ordering and stock control; solely responsible for other cooks and other kitchen employees. AW

12 Derrickman Derrickman will mean an employee who has the appropriate level of training and who is engaged in any of the following: (a) (b) (c) (d) (e) (f) (g) mixing chemicals; recording of pressures; operating the mud pump; communication with the engineer; relieving the driller; stacking the drill pipe; erecting and dismantling drilling rigs Other cook Other cook will mean an employee who is not a qualified tradesman or equivalent but has the appropriate level of training and who performs the following cooking duties: (a) (b) (c) (d) general cooking; baking; pastry cooking; butchering Floorman Floorman will mean an employee who has the appropriate level of training and who is engaged in any of the following: (a) (b) (c) (d) (e) run and recover drill string and bits; assisting derrickman; rigging up the derrick; prepare tubing and piping; operate forklift; AW

13 19.3.4(f) (g) minor engine maintenance; erecting and dismantling drilling rigs Labourer Labourer will mean an employee who has the appropriate level of training and who is engaged in any of the following: (a) (b) (c) assisting floorman to run and recover drill string, drill bits and install casing; maintain an adequate supply of material for the drilling crew e.g. drill pipe, casing, cement and chemicals; erecting and dismantling drilling rigs Cook s offsider Cook's offsider will mean an employee who has the appropriate level of training and who is engaged in any of the following: (a) (b) (c) (d) general cleaning duties within the kitchen or food preparation area including cleaning of cooking and general utensils used in a kitchen; assisting employees who are cooking; assembly and preparation of ingredients for cooking; general pantry duties Utility attendant Utility attendant will mean an employee who has the appropriate level of training and who is engaged in any of the following: (a) (b) general cleaning duties within the camp environs; assisting camp staff as required Mixed functions (a) An employee engaged for a full day or shift on duties carrying a higher rate than the employee's ordinary classification will, except where the employee is engaged in training, be paid the higher rate for such day or shift (b) The wage rates set out in this award include compensation for relieving employees in higher classification for periods of less than one day or shift. AW

14 20. PENALTY RATES 20.1 Shift allowance [ varied by S6110 PR PR PR956413; substituted by PR ppc 26May05] An employee engaged on shift work will be paid an allowance of $9.40, for each afternoon or night shift of 7.6 hours duration or for each regularly rostered shift which partly falls within the afternoon or night shift hours An employee who (except at the employee's own request) during a period of engagement on shift, works permanent night shift only will during such engagement, period or cycle, be paid 30 per cent more than the ordinary rate for all time worked during ordinary working hours on such night shift. Provided the payment set out in this subclause will be in substitution for the shift allowance in clause hereof Saturday and Sunday work The minimum rate to be paid to a shift worker for work performed during ordinary hours between midnight Friday and midnight Saturday will be time and one half The minimum rate to be paid to an employee for work performed between midnight Saturday and midnight Sunday will be double time. 21. ALLOWANCES 21.1 Supervisory allowance An employee who is given by the employer, or the agent of the employer, the responsibility over and above that attached to their normal classification of directing and/or supervising the work of other employees, or in the case of only one employee the specific responsibility of directing and/or supervising the work of that employee will receive an allowance equal to 5 per cent of the qualified cook's weekly rate in accordance with clause 19.1 hereof. This clause will apply only to the classifications of Derrickman, Floorman, and Other cook Isolation and accumulated days off allowance [ varied by S6110 PR PR933191; PR ppc 11Mar05] An employee will be paid an allowance of $40.40 for each day or part thereof spent on site when employed on cycles of four weeks or longer in an isolated area. AW

15 [ varied by S6110 PR PR933191; PR ppc 11Mar05] An employee will be paid an allowance of $20.10 for each day or part thereof spent on site when employed in an isolated area other than as described in subclause hereof The above allowances are to cover the disabilities associated with isolation, accumulating days off, the lack of normal amenities of town or city dwelling, sharing accommodation and the type of facilities and living conditions available during drilling operations Clothing and boot allowance [ varied by PR903140; PR ppc 15May03] The appropriate allowance as set out hereunder will be paid to a rig worker who in the course of their employment is required to wear safety boots. This allowance will also include payment for wear and tear on the employee s work clothes (a) (b) When working 12 hour tours of duty - $21.10 per week of duty. When working 8 hours tours of duty - $14.20 per week of duty Such clothing and boots as this allowance provides compensation for, will conform to safety standards as determined by the employer or as prescribed within relevant legislation Protective clothing Where it is necessary for the employee to purchase tools, gloves, masks, goggles, waterproof clothing and/or other safety gear or equipment, the employer must reimburse the employee the cost of such protective clothing, equipment and tools The provisions of clause do not apply where the protective clothing, equipment and tools are supplied to the employee at the employer s expense Damage to clothing or spectacles Reimbursement to the extent of the damage sustained will be made by an employer where in the course of the work an employee's clothing or spectacles are damaged or destroyed. Provided that this clause not apply when an employee is entitled to workers' compensation in respect of the damage or when damage is sustained to clothing which is supplied by the employer or for which the employee is paid an allowance in accordance with clause 21.3 of this award. AW

16 21.6 Stand-by payments When an employee is available on stand-by at a place away from the employee s home the employer will reimburse the employee for suitable meal and accommodation costs. Such meal and accommodation costs shall not be paid where the employer provides suitable board and accommodation free of charge for standing by such place Fares Where an employee has completed three months continuous service with an employer or where the work has ceased sooner, then, on termination of the employee's engagement the employer will reimburse the fare of the employee for travel from the workplace back to the designated assembly point if the employee so desires. Such reimbursement of fares will not take place where the employer provides suitable transport Provided that if the employer and employee agree, reimbursement or the provision of suitable transport under this subclause may be made in respect to some other point if the dollar value does not exceed the amount payable from the workplace to the designated assembly point. Provided further, that if the employment is terminated due to serious misconduct on the part of the employee, the employer will not be required to reimburse the employee or provide such transport Insurance [ varied by PR933191; PR ppc 11Mar05] The employer shall reimburse an employee for taking out additional insurance cover for dismemberment or death by accident whilst at work or travelling to or from work of $67,123. AW A

17 The type of additional insurance coverage will be: % of sum insured (a) Death by accident (b) Total loss of sight of both eyes (c) Total loss of sight of one eye (d) Serious diminution of sight of both eyes (e) Serious diminution of sight on one eye (f) Loss of two limbs by the same accident (g) Loss of one limb by accident (h) Loss of both hands by accident (i) Loss of hand and a foot (j) Loss of hand or thumb and four fingers (k) Loss of thumb (l) Loss of forefinger (m) Loss of middle finger (n) Loss of ring finger (o) Loss of little finger (p) Total loss of movement of joint of thumb (q) Total loss of distal phalanx of thumb (r) (s) (t) Total loss of portion of terminal segment of thumb involving one third of its flexor surface without loss of distal phalanx Total loss of distal phalanx of forefinger Total loss of distal phalanx of any other finger AW

18 21.8.2(u) Loss of both feet (v) Loss of foot (w) Loss of great toe 25 % of sum insured (x) Loss of any other toe (y) Loss of two phalanxes of any toe (z) Loss of phalanx of great toe Where the employer provides insurance cover in accordance with the requirements of this clause then the reimbursement provisions of this clause will not have affect. 22. ACCIDENT MAKE-UP PAYMENT 22.1 An employer will pay an employee accident pay where the employee receives an injury for which weekly payments or compensation are payable by or on behalf of the employer pursuant to the provisions of the appropriate Workers' Compensation Act provided such payments are at a rate less than an employee's appropriate ordinary award rate Accident pay means payment of an amount being the difference between the amount of compensation paid to the employee pursuant to the said appropriate Workers' Compensation Act and payment for the number of hours that the employee would have worked had the employee been at work, at the ordinary wage rate set out in clause 19.1 hereof An employer will pay, or cause to be paid, accident pay during the incapacity of the employee within the meaning of the said appropriate Act until such incapacity ceases, or until the expiration of a period of 52 weeks from the date of the injury or until the employee's job is made redundant, whichever event will first occur For the purpose of this clause, a job is redundant when an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour and that decision leads to termination of employment The liability of the employer to pay accident pay in accordance with this clause will arise as at the date of the injury or accident in respect of which compensation is payable under the said appropriate Act, and the termination of the employee's employment other than through redundancy, during the period of any incapacity will in no way affect the liability of the employer to pay accident pay as provided in this clause. AW

19 22.6 In the event that the employee receives a lump sum in redemption of weekly payment under the said Act, the liability of the employer to pay accident pay as herein provided will cease from the date of such redemption. 23. SUPERANNUATION 23.1 The subject of superannuation contributions is dealt with extensively by legislation including the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties Notwithstanding 23.1, the following provisions will also apply (a) An approved fund will mean one of the following funds: (a)(i) (a)(ii) Nationwide Superannuation Fund: or an alternative superannuation scheme approved in accordance with the Commonwealth Occupational Superannuation Funds Legislation. Provided that an employer will not be required to contribute to more than one fund Contributions The employer must, in accordance with the governing rules of the fund, make such superannuation contributions for the benefit of an employee as will avoid the company being required to pay superannuation guarantee charge under the superannuation legislation with respect to that employee. For the purposes of the legislation, an employee s ordinary time earnings are intended to provide that employee s notional earnings base Ordinary time earnings means the award classification rate, overaward payments and casual loading for casual employees. PART 6 - HOURS OF WORK AND OVERTIME 24. HOURS OF WORK 24.1 Day work [24.1 substituted by PR ppc 26May05] The ordinary hours of work will not exceed 38 per week to be worked in daily periods of 7.6 hours continuously, except for meal breaks, on Monday to Friday inclusive Transfers between shifts A day worker may be required by an employer to transfer to shift work and a shift worker may be required to transfer to day work and thereafter to observe those respective classes of work, provided that the change from one class of work to another will not be made without the payment of overtime rates unless the employee has had ten hours off duty between the time of ceasing and commencing duty. AW

20 24.3 Shift work [24.3 varied by PR ppc 26May05] The ordinary hours of work will not exceed an average of 38 per week spread over a period of two, three or four weeks, to be worked in shifts of eight consecutive hours inclusive of 30 minutes crib break which will be counted as time worked Shifts may be worked: (a) Midnight to 8.00 am Night shift (morning Tour) (b) 8.00 am to 4.00 pm Day shift (daylight Tour) (c) 4.00 pm to Midnight Afternoon shift (evening tour) 24.4 Employee not attending for duty Any employee not attending for duty will, except as provided in clauses 27, 28, and 31 of this award, lose pay for actual time of such non-attendance Special provisions for isolated areas [24.5 substituted by PR ppc 26May05] In isolated areas work may be carried out over consecutively recurring cycles, consisting of a specified number of consecutive working days followed by a specified number of consecutive non-working days In lieu of the provisions of clauses 24.1, 24.2 and 24.3 the following will apply: (a) The total ordinary hours of work during a cycle will not exceed 38 hours multiplied by the number of weeks in the cycle (b) The number of ordinary hours worked in a day without the payment of overtime may be agreed upon by the employer and the employee concerned provided that the number of days in a cycle on which ordinary time may be worked shall not exceed five days multiplied by the number of weeks in the cycle (c) The number of ordinary hours to be worked in a day as arranged by the employer and employee concerned shall be the regular rostered hours of the day and except as provided in clauses (d) and (e) hereof, overtime shall be paid for any time in excess of the regular rostered hours of the day. AW

21 24.5.2(d) Where Saturdays are worked in the cycle the regular rostered hours shall be paid for at time and a half and time in excess of the regularly rostered hours shall be paid for at double time (e) Where Sundays are worked in the cycle the regularly rostered hours shall be paid for at double time and time in excess of the regularly rostered hours shall be paid for at double time At each work location the employer will establish a roster which will specify: the crew change days; and the starting and finishing times of each tour. Once having been determined, the above will only be altered by agreement between the employer and the majority of employees concerned An off-going employee will be paid four hours travelling time at the employee's ordinary rate. An oncoming employee will be paid four hours travelling time at the employee's ordinary rate, provided that the employee reports at the designated assembly point at the time notified by the employer. An employee who does not so report will only be paid from the time the employee reports at the designated assembly point. Provided that where, under normal circumstances, travelling time is likely to exceed four hours at a given location, the employee and the employer will agree on the amount of travelling time to be paid in respect of travel between the designated assembly point and the particular location. Such agreed travelling time should be payable only to the extent that it is in excess of the four hours referred to above. Provided further that an employee will not be paid more than 12 hours at the ordinary rate in respect of any one journey If an employee is dismissed other than for serious misconduct, the employee will be provided at dismissal with free transport from the rig to the designated assembly point. Provided that if public transport is not available at that point, the employee will be provided at dismissal with free transport to the nearest place to that point where public transport is reasonably available. Where applicable, the provisions of clause 21.7 will operate after the employee has been transported to the aforementioned designated assembly point or other place. 25. OVERTIME 25.1 All time worked in excess of or outside the ordinary hours of work prescribed by this award will be paid for at the rate of double time Where an employee works so much overtime continuous with the completion of normal hours on one day that the employee does not have at least ten consecutive hours off duty between the work of successive days the employee will be paid at overtime rates until the employee has ten consecutive hours off duty. Provided that the employee will be paid for all ordinary time occurring during such ten hours off duty. AW

22 25.3 The provisions of this clause will apply in the case of shift workers and employees working in accordance with clause 25.2 of this award as if eight hours were substituted for ten hours when overtime is worked: for the purpose of changing shifts; or where a shift worker does not report for duty; or where a shift is worked by arrangement between the employees themselves An employee recalled to work overtime will be paid for a minimum of three hours work. Such work will not be regarded as overtime for the purpose of clause 25.2 hereof. 26. STAND-BY 26.1 Stand-by will mean all time during which an employee: agrees on a rostered day off; or is required on a rostered work day to be available at the employee's home or such other places as is mutually agreed between an employer and employee, in readiness for an immediate call to work. Provided that an employee will not be compelled to be available on stand-by on a rostered day off. PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 27. ANNUAL LEAVE 27.1 An employee will be allowed annually, after twelve months continuous service, a period of 28 consecutive days leave including non-working days In addition to the leave prescribed in 27.1 hereof, an employee who is regularly rostered to work on any day of the week, will be allowed an additional seven consecutive days leave. Provided that where an employee is so rostered for part of a year, the amount of additional leave will be the same proportion of seven days as such part bears to a year The annual leave referred to in this clause will be exclusive of any public holidays prescribed by this award, and for each holiday which falls within an employee's annual leave, one day will be added to such leave Before going on annual leave, an employee to whom this clause applies, will be paid at the employee's ordinary rate for each week of leave, plus the shift allowances and weekend penalties payable had the employee remained at work during the relevant period. Provided that an employee proceeding on annual leave and not in receipt of a weekly equivalent to the ordinary wage rate plus 17-1/2 per cent will have the annual leave pay increased to that amount while on annual leave. AW

23 27.5 In lieu of the payment specified in 27.1 hereof, an employee who in any qualifying period for annual leave is regularly rostered to work twelve hour shifts will be paid at the rate of twice the employee's ordinary wage for each week of leave Annual leave will be given and taken in a continuous period, not later than six months after it accrues provided that if an employee and employer agree, annual leave may be allowed and taken in not more than two separate periods The commencement of annual leave will be mutually agreed between the employer and the employee or by the employer giving reasonable notice An employee whose services are terminated by an employer or who leaves their employment during any qualifying period for annual leave will, in respect of the period worked, be paid the cash equivalent of annual leave in the same proportion which the period worked bears to a year. Such payment will be calculated in the same manner as the payment prescribed in 27.4 hereof Where an employee with twelve months continuous service is employed for part of the twelve monthly period on different work cycles or rosters the leave entitlements set out in 27.1 and 27.2 hereof, will be calculated on a proportionate basis. 28. PERSONAL LEAVE The clause describes an employee's (other than a casual employee's) entitlement to personal leave, that is sick leave, carer's leave and bereavement leave Amount of paid personal leave Paid personal leave is available to an employee when they are absent: (a) due to personal illness or injury (sick leave); (b) for the purposes of caring for an immediate family or household member who is sick and requires the employee's care and support (carer's leave); (c) for bereavement on the death of an immediate family or household member (bereavement leave) The amount of personal leave to which an employee is entitled depends on how long they have worked for the employer and accrues on the basis of 8 days sick leave per employment year and 2 days (or 4 days when working in accordance with clause 24.5) bereavement leave per employment year. Bereavement leave does not accrue from year to year. AW

24 Accumulation of personal leave 28.2 Definitions Sick leave not taken in any year may be accumulated from year to year and taken in subsequent years, in addition to whatever sick leave may have accumulated in that year The term immediate family includes: (a) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite sex to the employee who lives with the employee as his or her husband or wife on a bona fide domestic basis; and (b) child or an adult child (including an adopted child, a step child or an exnuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee Accumulated personal leave is personal leave accumulated under and Sick leave Entitlement (a) The amount of personal leave an employee may take as sick leave depends on how long they have worked for the employer and accrues on the basis of 8 days per employment year (b) Accumulated personal leave may be used for sick leave if the current sick leave entitlement is exhausted The effect of workers' compensation If an employee is receiving workers' compensation payments, they are not entitled to sick leave Employee must give notice The employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer of their inability to attend for duty and as far as practicable state the nature of the injury or illness and the estimated duration of the absence. AW

25 Evidence supporting claim The employee must, if requested by the employer, provide proof, that the employee was unable to work because of injury or personal illness Single day absences (a) An employee who has already had two paid sick leave absences in the year, the duration of each absence being of one day only is not entitled to further paid sick leave in that year of a duration of one day only, without production to the employer of a certificate of a qualified medical practitioner which states that the employee was unable to attend for duty on account of personal illness or injury (b) An employer may agree to accept a Statutory Declaration in lieu of the required medical certificate (c) Where an employee is absent from work on account of illness covered by this clause for more than one day the employee will provide to the employer a certificate from a qualified medical practitioner which states that the employee was unable to attend for duty on account of personal illness or injury Bereavement leave Paid leave entitlement (a) Death in Australia A full-time employee is entitled to use up to 2 days personal leave as bereavement leave on each occasion, and on production of satisfactory evidence (if required by the employer), or the death in Australia of either a member of the employee's immediate family or household (b) Death outside Australia 28.5 Unpaid leave A full-time employee is entitled to use up to 2 days personal leave as bereavement leave on each occasion, and on production of satisfactory evidence (if required by the employer), of the death outside Australia of either a member of the employee's immediate family or household, where the employee travels outside Australia to attend the funeral. Where an employee has exhausted all personal leave entitlements, including accumulated leave entitlements, they are entitled to take unpaid bereavement leave. The employer and the employee should agree on the length of the unpaid leave. In the absence of agreement, a full-time employee is entitled to take up to 16 hours unpaid leave, provided the requirements of are met, and a part-time employee is entitled to take up to two days unpaid leave, to a maximum of 16 hours, provided the requirements of are met. AW

26 28.6 Carer's leave Paid leave entitlement Where practicable in returning an employee from an isolated work-site, an employee is entitled to use up to 40 hours personal leave each year to care for members of their immediate family or household who are sick and require care and support. This entitlement is subject to the employee being responsible for the care and support of the person concerned. In normal circumstances an employee is not entitled to take carer's leave where another person has taken leave to care for the same person Notice required (a) When taking carer's leave the employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer of their inability to attend for duty. If it is not reasonably possible to inform the employer during the ordinary hours of the first day or shift of such absence, the employee will inform the employer within 24 hours of such absence. AW

27 28.6.2(b) The notice must include: (b)(i) (b)(ii) (b)(iii) the name of the person requiring care and support and their relationship to the employee; the reasons for taking such leave; and the estimated length of absence (c) The employee must, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that such illness requires care by another Unpaid carer's leave An employee may take unpaid carer's leave by agreement with the employer. 29. PARENTAL LEAVE Subject to the terms of this clause employees other than casuals are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child Definitions For the purposes of this clause: Child means a child of the employee under the age of one year except for adoption of a child where child means a person under the age of five years who is placed with the employee for the purposes of adoption, other than a child or stepchild of the employee or of the spouse of the employee or a child who had previously lived continuously with the employee for a period of six months or more Entitlement After twelve months continuous service, parents are entitled to a combined total of 52 weeks unpaid parental leave on a shared basis in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption Parental leave is to be available to only one parent at a time, except that both parents may simultaneously access the leave in the following circumstances: (a) for maternity and paternity leave, an unbroken period of one week at the time of the birth of the child; (b) for adoption leave, an unbroken period of up to three weeks at the time of the placement of the child. AW

28 29.3 Maternity leave An employee must provide notice to the employer in advance of the expected date of commencement of parental leave. The notice requirements are: (a) of the expected date of birth (included in a certificate from a registered medical practitioner stating that the employee is pregnant) - at least 10 weeks; (b) of the date on which the employee proposes to commence maternity leave and the period of leave to be taken - at least 4 weeks When the employee gives notice under (a) the employee must also provide a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment An employee will not be in breach of 29.3 if the failure to give the required notice period is because of the birth occurring earlier than the presumed date Subject to and unless agreed otherwise between the employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of the birth Where an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, an employer may require the employee to provide a medical certificate stating that she is fit to work on her normal duties Where the pregnancy of an employee terminates after 28 weeks and the employee has not commenced maternity leave, the employee may take unpaid special maternity leave of such period as a registered medical practitioner certifies as necessary, except that where an employee is suffering from an illness not related to the direct consequences of the birth an employee may be entitled to paid sick leave in lieu of, or in addition to, special maternity leave Where leave is granted under during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the re-commencement date desired by the employee Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave (a) If the transfer to a safe job is not practicable, the employee may elect, or the employer may require the employee, to commence parental leave. AW