Ports, Harbours and Enclosed Water Vessels Award

Coverage here is defined as much by what is excluded as by what is included. The award sits in a crowded maritime field, so the exclusion check comes first.

• Check the listed maritime award exclusions before applying this award.
• Do not apply it to marine towage or to operations already covered by the Port Authorities Award or the other listed maritime awards.
• If the operation is a covered port or harbour vessel operation, then move to the classification list in clause 14.1.

This award is manageable if the engagement pattern is clear. Problems start when part-time arrangements are informal or conversions are handled casually.

• Agree the part-time pattern in writing, including hours, days and actual start and finish times.
• Record any variation in writing.
• Treat hours beyond the agreed pattern as overtime.
• Any conversion between full-time and part-time employment must be agreed in writing, with accrued entitlements maintained.

For payroll, casuals are not just full-time staff with a loading. The award gives them their own payment timing and minimum attendance rules.

• Casual employees receive the ordinary hourly rate plus the casual loading for ordinary hours.
• Casual overtime is paid separately from the loading.
• Casuals are usually paid at the end of each engagement unless a weekly or fortnightly cycle is agreed.
• Each casual attendance carries a minimum payment for 3 hours of work.

The fatigue and break rules are major operational issues in vessel work. They need to sit inside roster planning, not be handled after the event.

• Ordinary hours may be worked between 6.00 am and 6.00 pm for up to 8 hours a day, Monday to Friday.
• Employees are generally rostered off for 2 consecutive days each week unless there is a different agreement.
• After more than 18 hours on duty continuously, including meal breaks, the employee must get a 10 hour rest break.
• No employee can be required to work more than 5 hours without a meal break.

Maritime role classification, higher duties and payment timing all feed straight into payroll accuracy under this award.

• Classify employees using the maritime role list in clause 14.1, including master, mate, engineer, general purpose hand or deckhand, passenger attendant, linesman, cook, shipkeeper and crane driver.
• Apply the higher-duties rule where an employee performs higher-rated work for more than the threshold in clause 14.2.
• Wages may be paid weekly or fortnightly.
• Final pay is due within 7 days after employment ends and includes amounts due under the award and the NES.

This award has practical maritime allowances tied to how and where the work is performed, and it now sits beside the right to disconnect framework.

• Check allowance triggers for charge hands, distant work, dual capacity, dirty work and towing work.
• The towing allowances listed in clause 16.2(a) are paid for all purposes.
• The right to disconnect does not prevent contact outside working hours for a recall to work under clause 18.3, but ordinary after-hours contact still needs discipline.

PR799332, PR799489

The current consolidated award incorporates these recent variation determinations. Use the consolidated wording when checking any affected clause, schedule, rate or allowance.

Affected: 14 - Minimum rates, 16 - Allowances, Schedule A - Summary of Hourly Rates of Pay, Schedule B - Summary of Monetary Allowances