Dampier Port Authority Port Officers Award 1989
1. - TITLE
This Award shall be known as the Dampier Port Authority Port Officers Award 1989.
1B. - MINIMUM ADULT AWARD WAGE
(1)No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.
(2)The minimum adult award wage for full-time employees aged 21 or more is $692.90 per week payable on and from the commencement of the first pay period on or after 1 July 2016.
(3)The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case Decisions.
(4)Unless otherwise provided in this clause adults employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by result shall not be paid less than pro rata the minimum adult award wage according to the hours worked.
(5)Employees under the age of 21 shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award to the minimum adult award wage.
(6)The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or Jobskill placements or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.
(7)Liberty to apply is reserved in relation to any special category of employees not included here or otherwise in relation to the application of the minimum adult award wage.
(8)Subject to this clause the minimum adult award wage shall –
(a)Apply to all work in ordinary hours.
(b)Apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.
(9)Minimum Adult Award Wage
The rates of pay in this award include the minimum weekly wage for employees aged 21 or more payable under the 2016 State Wage order decision. Any increase arising from the insertion of the minimum wage will 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 enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.
Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum wage.
(10)Adult Apprentices
(a)Notwithstanding the provisions of this clause, an apprentice, 21 years of age or more, shall not be paid less than $593.90 per week on and from the commencement of the first pay period on or after 1 July 2016.
(b)The rate paid in the paragraph above to an apprentice 21 years of age or more is payable on superannuation and during any period of paid leave prescribed by this award.
(c)Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.
(d)Nothing in this clause shall operate to reduce the rate of pay fixed by the award for an adult apprentice in force immediately prior to 5 June 2003.
2. - ARRANGEMENT
1.Title
1B.Minimum Adult Award Wage
2.Arrangement
3.Area and Scope
4.Term
5.Definitions
6.Contract of Employment
7.Hours of Duty
8.Salary
9.Public Holidays
10.Annual Leave
11.Long Service Leave
12.Sick Leave
13.Short Leave
14.District Allowance
15.Safety and Clothing Allowance
16.Settlement of Disputes - Grievance Procedure
17.Maternity Leave
18.Trade Union Training Leave
19.Leave to Attend Union Business
20.Notification of Change
21.Leave Without Pay
22.Consultative Committee
23.No Further Claims Committment
24.On going discussions
25.Performance of Work
3. - AREA AND SCOPE
This Award shall apply to all Port Officers employed by the Dampier Port Authority at the Port of Dampier.
4. - TERM
The term of this Award shall be for a period of twelve (12) months on and from the 1st day of March, 1989.
5. - DEFINITIONS
"Port Officer" and/or "Officer" means a person eligible to be a member of the Union and employed by the Authority in the capacity of Port Officer and possessing qualifications entitling that person to undertake duties connected with the navigation of vessels and engaged by the Authority to perform those duties.
"Authority" means the Dampier Port Authority established by section 4(1) of the Dampier Port Authority Act, 1985.
"Award" means the Dampier Port Officers' Award, 1989.
"Port" means the Port as prescribed in section 6 of the Dampier Port Authority Act, 1985.
"Roster" and/or "Shift Roster" means the Roster and/or Shift Roster prepared by the Authority.
"Day Shift" means a shift commencing after 6.00 a.m. and before 12 noon.
"Afternoon Shift" means a shift commencing at or after 12 noon and before 6.00 p.m.
"Night Shift" means a shift commencing at or after 6.00 p.m. and before 6.01 a.m.
"A day" means from 12 midnight to 12 midnight.
"Union" means the Australian Maritime Officers Union, Western Area Union of Employees.
6. - CONTRACT OF EMPLOYMENT
(1)The contract of employment may be terminated by twenty eight (28) days' notice given at any time by either the Authority or the officer, or by the payment or forfeiture, as the case may be, of twenty eight (28) days' pay in lieu of the period of notice.
(2)The provisions of this clause shall not affect the right of the Authority to dismiss an officer without notice for refusal or neglect of duty or misconduct and in such cases salary shall be payable up to the time of dismissal only.
(3)(a)The Authority may suspend an officer without pay for a maximum period of three (3) days whilst it investigates allegations of refusal or neglect of duty or misconduct by the officer, provided that this subclause will not affect the right of the Authority to dismiss an officer in accordance with the provisions of subclause (2) of this clause, and shall not affect the right of either the Authority or the officer to give notice in accordance with the provisions of subclause (1).
(b)If the allegations of refusal or neglect of duty or misconduct by the officer are not sustained then the officer shall be paid for any time for which the officer was suspended.
(4)Subject to the provisions of clause 13. - Sick Leave and subclause (3) hereof, any officer who having given or been given notice pursuant to subclause (1), is absent from work during the period of notice shall not be entitled to payment for that period of absence.
(5)An employee not attending for duty shall, except as provided in clauses 10. - Annual Leave, 11. - Long Service Leave, 12. - Sick Leave, 13. - Bereavement and Compassionate Leave and 17. - Maternity Leave, lose pay for the actual time of such non-attendance. An officer who is absent from work for seven (7) consecutive days of duty without the prior or subsequent approval of the Authority shall be deemed to have abandoned employment and the contract of employment shall be deemed to have been terminated for neglect of duty from the date of commencement of the absence from work.
(6)Officers shall work such shifts as are required to be worked by the Authority to maintain operations in the Port. Provided that where practicable officers shall:
(a)Be given twenty four (24) hours' notice of any alteration of their rostered shift;
(b)Be allowed a break of at least eight (8) hours between shifts; and
(c)Officers shall continue to work at the end of a shift until relieved or authorised by the Authority to finish work. In the event that an officer's relief does not report for work, the Authority will arrange an alternative relief officer as soon as practicable.
(7)Officers shall work such reasonable overtime as is necessary to meet the operational needs of the Authority.
(8)It is a term and condition of employment and of the rights accruing under this Award, that an officer shall:
(a)Comply with safety regulations prescribed by Governmental Regulation or determined by the Authority;
(b)Attend safety meetings, drills and training when requested by the Authority;
(c)Observe regulations promulgated from time to time by the Authority to provide an orderly and safe work place, including keeping the work place and equipment in a clean and safe condition; and
(d)Use as directed by the Authority, any protective clothing and equipment provided by the Authority for specific circumstances.
(9)(a)Notwithstanding anything contained elsewhere in this clause or elsewhere within this Award, an officer may be employed, regularly or for a fixed period or on a casual basis, to work part-time on a roster basis for a lesser period than that prescribed in clause 7. - Hours of Duty.
(b)When an officer is employed under the provisions of this subclause the officer shall be paid at a rate and shall be entitled to all other benefits and conditions prescribed by this Award on a pro rata basis to the rate and benefits and conditions prescribed elsewhere in the award in the proportion to which the officer's rostered hours bear to the rostered hours of an officer employed on a full-time roster basis in accordance with clause 7. - Hours of Duty.
(10)(a)Notwithstanding anything contained elsewhere in this clause or elsewhere within this Award the Authority may employ an officer on a fixed term basis for a period of not more than one calendar year.
(b)An officer employed on a fixed term contract of employment shall cease to be employed at the expiration of that fixed term.
(c)The contract of employment of an officer employed pursuant to this subclause shall not be subject to the provisions of subclause (1) of this clause.
(d)An officer employed in accordance with this subclause shall be entitled to all other benefits and conditions prescribed by this Award on a pro rata basis in the proportion to which the term of the officer's fixed term contract of employment bears to one (1) year.
(11)(a)Notwithstanding anything contained elsewhere in this clause or elsewhere within this Award the Authority may employ an officer on a casual basis for a period of not more than five (5) days.
(b)The contract of employment of an officer employed pursuant to this subclause shall not be subject to the provisions of subclause (1) of this clause but the contract may be terminated by one (1) day's notice given at any time by the Authority or the officer.
(c)An officer employed in accordance with this subclause shall be entitled to payment of salary at the appropriate daily rate pursuant to clause 8. - Salary, plus a casual loading of twenty per cent (20%) in lieu of all other benefits and conditions prescribed in this Award.
7. - HOURS OF DUTY
(1)Officers shall work according to a shift roster determined by the Authority, providing for twenty one (21) rostered days on duty in any twenty eight (28) day period, with the remaining period off duty. Provided that officers shall work:
(a)reasonable overtime as required by the Authority; and
(b)shall work as directed by the Authority in an emergency.
(2)The roster may provide for:
(a)A period of consecutive day shifts; or
(b)A period of consecutive afternoon shifts; or
(c)A period of consecutive night shifts; or
(d)Such other shift arrangements as to all or a section of the officers which may be agreed between the Authority and the officers, either singularly or by majority, as is considered necessary by the Authority in a particular case.
(3)The provisions of subclause 6 (7) shall be deemed to be included as part of this clause.
(4)At the completion of each shift the officer rostered on duty shall carry out an appropriate handover to the officer commencing a new shift.
8. - SALARY
(1)A Port Control Officer shall be paid on an all inclusive basis the following:
Operative on and from the commencement of the first pay period on or after 1 July 2016 / $ 71015(2)The annual rate prescribed in subclause (1) above covers all payments for the performance of all duties performed by the officer, the disabilities associated with shift work and the periods of duty, and all circumstances relating to the working environment within the Port, and also includes compensation and penalty rates and payments related to all hours and overtime worked in accordance with the roster and work on Saturdays and Sundays, and public holidays.
(3)Salaries shall be paid in fortnightly instalments directly into a bank or credit union account nominated by the officer at the rate of one twenty sixth (1/26th) of the annual rate in respect of each complete fortnight of fourteen (14) days, and with respect to days not comprising a complete fortnight, payment will be made for each day at the rate of one fourteenth (1/14th) of the abovementioned fortnightly rate, and with respect to hours not comprising a complete daily payment the hourly rate shall be one eighth (1/8th) of the daily rate.
(4)Salaries shall be paid fortnightly on a day to be agreed between the officers and the Authority.
(5)So far as is reasonably practicable the amount due to an officer shall be paid no later than 4.00 p.m. on the pay day and shall be paid together with a memorandum setting out salary particulars.
The rates of pay in this award include arbitrated safety net adjustments available since December 1993, under the Arbitrated Safety Net Adjustment Principle.
These arbitrated safety net adjustments may be offset against any equivalent amount in the rate of pay received by employees since 1 November 1991 above the rate prescribed in the Award, except where such absorption is contrary to the terms of an industrial agreement.
Increases in rates of pay otherwise made under the State Wage Case Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.
9. - PUBLIC HOLIDAYS
For the purposes of this Award public holidays shall be all statutory and gazetted State Public Service holidays within the locality to which the holidays shall apply.
10. - ANNUAL LEAVE
(1)A period of six (6) consecutive weeks' leave shall be allowed annually to an officer by the Authority after a period of twelve (12) months' continuous service with the Authority.
(2)An additional day's leave with payment of salary shall be allowed for each public holiday in excess of five (5) per annum upon which an officer is:
(a)on rostered duty,
(b)on annual leave, and
(c)on rostered days off duty.
(3)(a)Subject to the provisions of paragraphs (b) and (f) of this subclause officers shall be paid a loading equivalent to seventeen and a half per cent (17 1/2%) of normal salary for five (5) weeks' leave.
(b)(i)Subject to the provisions of paragraph (d) the loading is paid on a maximum of five (5) weeks' annual leave. Payment of the loading is not made on additional leave granted for any other purpose.
(ii)Maximum payment shall not exceed five fourths (5/4ths) of the average weekly total earnings of all males in Western Australia, as published by the Australian Bureau of Statistics, for the September quarter of the year immediately preceding that in which the leave commences.
(c)Annual leave commencing in any year and extending without a break into the following year attracts the loading calculated on the salary applicable on the day the leave commenced.
(d)The loading payable on approved accumulated annual leave shall be at the rate applicable at the date the leave is taken. Under these circumstances an officer can receive up to the maximum loading for the approved accumulated annual leave in addition to the loading for the current year's entitlement.
(e)A pro rata loading is payable on periods of approved annual leave less than five (5) weeks.
(f)The loading is calculated on a rate of salary the officer receives at the commencement of leave and shall include district allowance payable under clause 14. - District Allowance.
(4)The annual leave prescribed in subclause (1) of this clause may with the consent of the officer and the Authority be taken in more than one (1) portion provided that no portion shall be less than one (1) week.
(5)(a)If after one month's continuous service in any twelve (12) monthly period an officer lawfully terminates his service or his employment is terminated by the Authority through no fault of the officer, the officer shall be paid two and one half (2.5) days' pay for each completed month of service.
(b)In addition to any payment to which an officer may be entitled under paragraph (a) of this subclause, an officer whose employment terminates after he has completed a twelve (12) monthly qualifying period and who has not been allowed the leave prescribed under this clause in respect of that qualifying period, shall be given payment in lieu of that leave unless he has been justifiably dismissed for misconduct, and the misconduct for which he has been dismissed occurred prior to the completion of that qualifying period.
(6)When computing the annual leave due under this clause, no deduction shall be made from such leave in respect of the period an officer is on annual leave, observing a public holiday prescribed by this Award, absence through sickness with or without pay except for that period of an absence that exceeds three (3) months or absence on workers' compensation except for that period of an absence that exceeds six (6) months.