Modern Awards Review 2012—Awards with no applications to vary
[2012] FWA 10657
•19 DECEMBER 2012
[2012] FWA 10657 |
|
DECISION |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 5, Item 6 - Review of all modern awards (other than modern enterprise and State PS awards) after first 2 years
Modern Awards Review 2012—Awards with no applications to vary
(AM2012/326)
Maritime Industry | |
VICE PRESIDENT WATSON | SYDNEY, 19 DECEMBER 2012 |
Application to vary the Seagoing Industry Award 2010
Introduction
[1] This decision concerns a proposal by The Maritime Union of Australia (MUA) to vary clause 24 - Classification and Minimum Wage Rates of the Award of the Seagoing Industry Award 2010 1 (the Award). The proposed variation arose during the initial hearing of this matter on 16 October 2012 and is considered as part of the two yearly review of all modern awards which Fair Work Australia is required to conduct pursuant to Sch. 5, Item 6 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act).
The variation
[2] The MUA seeks to insert new classifications into clause 24. 2
[3] Clause 24 currently provides:
Classification | Minimum Weekly Wage |
$ | |
Master | 1160.50 |
Chief engineer | 1141.40 |
First mate/First engineer | 989.70 |
Second mate/Second engineer | 916.10 |
Third mate/Third engineer | 878.10 |
Chief integrated rating/Bosun/ | 830.70 |
Integrated rating/Able seaman/ | 757.00 |
[4] The MUA seeks to insert Radio Officer and Electrical Engineer into the Second mate/Second engineer classification and Carpenter, Fitter, Repairer, Donkeyman and Electrician into the classification of Chief integrated rating/Bosun/
Chief cook/Chief steward.
[5] The MUA also seeks to add a new classification consisting of OS, Wiper, Deck Boy, catering Boy, 2nd Cook and Messroom Steward with a weekly minimum wage of $638.40.
[6] The MUA’s proposal was listed for hearing on 5 December 2012. Interested parties were directed to have discussions with the MUA to determine prior to the hearing whether they supported or opposed the proposal.
[7] The following organisations were represented at the hearing on 5 December 2012: the MUA, The Australian Maritime Officers’ Union, CSL Australia Pty Ltd, V Ships Australia Pty Ltd, the Cement Industry Federation, National Bulk Commodities Group and the Australian Shipowners Association.
[8] At the hearing, the MUA indicated that discussions were held with interested parties and the proposal was not opposed by the Cement Industry Federation, National Bulk Commodities Group and the Australian Shipowners Association. The Australian Mines and Metals Association indicated by way of correspondence to the MUA dated 4 December 2012, that it did not oppose nor support the variation. The AMOU indicated that the substance of the variation sought did not affect its members and therefore it also did not oppose or support the variation. CSL Australia Pty Ltd and V Ships Australia Pty Ltd indicated that they did not oppose the insertion of the new classifications but submitted that the rates proposed are not appropriate. They submitted that the fixing of rates should await the determination of another application which covers the same matter.
[9] I consider it consistent with the principles for reviewing the Award under schedule 5 item 6 of the Transitional Act that the classification structure reflect all relevant classifications of employees. The insertion of the classifications proposed by the MUA is appropriate and a course that I will adopt. I propose to reserve consideration of the wage rates after I have considered related applications concerning the classification structure and wage rates in relation to this Award. Pending the determination of the applications, I intend to insert a wage rate for the new classifications on an interim basis.
VICE PRESIDENT WATSON
Appearances
N.Keats for The Maritime Union of Australia.
M. Gibian of counsel for The Australian Maritime Officers’ Union.
S.Cerche forthe Australian Shipowners Association.
S.Zeitz for CSL Australia Pty Ltd and V Ships Australia Pty Ltd.
K. Tredwell for the Cement Industry Federation and National Bulk Commodities Group.
Hearing Details
2012.
Sydney.
December 5.
1 MA000122
2 Exhibit MUA3.
Printed by authority of the Commonwealth Government Printer
<Price code C, MA000122 PR532515 >
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