A Fair Work Commission (FWC) Full Bench decision handed down yesterday (19 December 2016) finalises some outstanding matters around six maritime industry awards and whether model annual leave terms will be inserted into them.

Numerous modern awards were varied earlier this year to include model clauses for the cashing out of annual leave, the taking of excessive annual leave, and the taking of annual leave in advance as part of the ‘common issues’ stage of the four-yearly award review.

However, six maritime awards were subject to separate Full Bench proceedings as to whether the three annual leave clauses should be inserted and whether other variations should be made to the annual leave clauses in those awards.

Following yesterday’s decision:

  • The Marine Towage Award 2010 – will be varied to include the ‘cashing out’ and ‘leave in advance’ model clauses but will not have the ‘excessive leave’ model clause inserted.
  • The Maritime Offshore Oil and Gas Award 2010 – will be varied to include the ‘cashing out’ and ‘leave in advance’ model clauses but will not have the ‘excessive leave’ model clause inserted.
  • The Seagoing Industry Award 2010 – will be varied to include the ‘cashing out’ and ‘leave in advance’ model clauses but will not have the ‘excessive leave’ model clause inserted.
  • The Professional Diving Industry (Industrial) Award 2010 – will be varied to include the ‘cashing out’ and ‘leave in advance’ model clauses but the ‘excessive leave’ model clause issue will be dealt with after the award has been reviewed as part of the separate ‘award stage’ proceedings of the four-yearly review.
  • The Dredging Industry Award 2010 – will be varied to include the ‘cashing out’, ‘leave in advance’ and ‘excessive leave’ model clauses.
  • The Ports, Harbours and Enclosed Water Vessels Award 2010 – will be varied to include the ‘cashing out’, ‘leave in advance’ and ‘excessive leave’ model clauses. Existing clause 22.4 of this award will also be deleted.

For a table showing the six maritime awards and the annual leave clauses that have been / will be inserted into them, along with the full text of the model clauses, please click here.

For further details, please contact AMMA’s principal adviser – workplace policy, Lisa Matthews, on (03) 6270 2256 or at [email protected].