Seagoing Industry Award 2010

In the Fair Work Commission, the Seagoing Industry Award Review 2010 was the subject of a dispute. The Seagoing Master Mariners' Association of Australia brought forward the case, asserting that the current award contained inconsistencies with the National Employment Standards (NES) as stipulated in the Fair Work Act 2009. The association claimed that the award's provisions on maximum weekly hours for seafarers, particularly those working on vessels granted a temporary licence, did not align with the NES. This inconsistency, it was argued, contravened section 62(1) of the Fair Work Act, which mandates that awards must not conflict with the NES.

The primary legal issue before the commission was whether the provisions of the Seagoing Industry Award 2010, specifically those related to maximum weekly hours for seafarers on temporarily licensed vessels, were consistent with the NES. The association contended that these provisions failed to meet the NES's requirements, which state that an employee should not work more than 38 hours per week unless an exemption applies. The commission had to determine whether the award's provisions were in line with the NES and, if not, what adjustments, if any, were necessary.

In its reasoning, the commission meticulously examined the award's provisions concerning maximum weekly hours and compared them with the NES. The commission found that the award indeed contained inconsistencies, as it allowed for more than 38 hours of work per week for seafarers on temporarily licensed vessels without an appropriate exemption. Given this finding, the commission amended the award to ensure it aligned with the NES, specifically by correcting the maximum weekly hours for these employees. The adjustments were made to ensure compliance with the statutory requirement that awards must not conflict with the NES.

The final orders of the commission included specific amendments to the Seagoing Industry Award 2010 to align the maximum weekly hours for seafarers on temporarily licensed vessels with the NES. These changes were aimed at ensuring that the award did not contravene section 62(1) of the Fair Work Act, thereby maintaining consistency with the NES and protecting the rights of seafarers under the award.