AW791878 [loose-leaf version]

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

AUSTRALIAN INDUSTRIAL REGISTRY LOOSE-LEAF CONSOLIDATION

OIL DRILLING RIG WORKERS’ AWU (ONSHORE) AWARD 1999

This award as varied 20 December 2005 (variation PR966887) comprises pages: 1 2 3 4 5 6 7 8 9-4 10-4 11-2 12-4 13-5 14-3 14A 15 16 17-1 18-1 19-1 20 21 22 23 24 25 26 27 28 29 30 31 32 33 <Total number of pages = 35> DISCLAIMER Please note that this consolidated award is prepared by the Australian Industrial Registry, and is believed to be accurate but no warranty of accuracy or reliability is given and no liability is accepted for errors or omissions or loss or damage suffered as a result of a person acting in reliance thereon. Official copies of Australian Industrial Relations Commission decisions, awards and orders can be purchased from the Australian Industrial Registry in each capital city.

Printed by authority of the Commonwealth Government Printer

AW791878 - 1999 1

AW791878 [loose-leaf version]

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996

Review of awards pursuant to Item 51 of Part 2 of Schedule 5 of the Workplace Relations and Other Legislation Amendment Act 1996

(C No. 00156 of 1999)

OIL DRILLING RIG WORKERS’ (ONSHORE) AWARD 1990 (ODN C No. 02736 of 1982)

[Print L3364 [O0019]] Various employees Oil and gas industry SENIOR DEPUTY PRESIDENT POLITES MELBOURNE, 10 MAY 2000 Award simplification - Item 51 Review.

PREAMBLE On 16 December 1999 the parties to the award considered a draft simplified award following which the Commission made the following statement, now edited:

“Mr Schmidt, appearing for the Australian Mines and Metals Association Inc, should prepare a draft and forward a copy to the Commission and Mr Beard, appearing for The Australian Workers’ Union. Mr Beard should advise the Commission by close of business on 24 December 1999 of his agreement to the draft, then subject to the Commission being finally satisfied with the document a simplified award will issue without the necessity for further hearing.

If there is a difficulty raised by either party or if the Commission feels there is a difficulty I will communicate with the parties and either invite written submissions to deal with the outstanding matters or if necessary I will relist the matter.”

Following further correspondence between the parties and the Commission and no objection having been received a simplified award will be made in the form agreed between the parties. I am satisfied that the proposed award complies with Item 51 of the Transitional Provisions of the Workplace Relations and Other Legislation Amendment Act 1996. The award will be operative from the first pay period to commence on or after 16 December 1999.

ORDER A. The above award is varied as follows: By deleting all clauses and schedules and inserting the following:

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PART 1 - APPLICATION AND OPERATION OF AWARD 1. AWARD TITLE This award will be known as the Oil Drilling Rig Workers’ AWU (Onshore) Award 1999. 2. ARRANGEMENT This award is arranged as follows: Part 1 – Application and operation of award 1. Award title 2. Arrangement 3. Definitions 4. Date the award starts 5. Where and who the award covers 6. Who is bound by the award? 7. Relationship to other awards 8. Anti-discrimination Part 2 – Award flexibility 9. Enterprise flexibility provisions 10. Index of facilitative provisions Part 3 – Dispute resolution and communication 11. Procedure to avoid industrial disputes 12. Posting of award Part 4 – Employer and employee’s duties, employment relationship and related matters 13. Work organisation 14. Types of employment 15. Stand down 16. Redundancy 17. Termination of employment 18. Workplace abandonment Part 5 – Wages and related matters 19. Classifications and wage structure 20. Penalty rates 21. Allowances 22. Accident make-up payment 23. Superannuation

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Part 6 – Hours of work and overtime 24. Hours of work 25. Overtime 26. Stand-by Part 7 – Leave of absence and public holidays 27. Annual leave 28. Personal leave 29. Parental leave 30. Jury service 31. Public holidays Schedule of respondents 3. DEFINITIONS The Act means the Workplace Relations Act 1996 as amended from time to time. 4. DATE THE AWARD STARTS The award comes into force from the first pay period to commence on or after 16 December 1999 and will remain in force for a period of six months. 5. WHERE AND WHO THE AWARD COVERS 5.1 Where does the award apply?

The award applies in all States and Territories of Australia. 5.2 Who does the award apply to?

This award applies to employees of the employers listed in Schedule A of this award when employed in or in connection with the operation of onshore drilling rigs, drilling for hydrocarbons and work incidental thereto.

6. WHO IS BOUND BY THE AWARD? 6.1 This award binds: 6.1.1 The Australian Worker’s Union and its members; 6.1.2 the employers listed in Schedule A attached to this award. 6.2 The award applies to the employees of the employer identified above, whether members

of union or not.

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7. RELATIONSHIP TO OTHER AWARDS Nothing in this award shall in itself operate to reduce the conditions of employment of an employee which were in existence immediately prior to or at the commencement of this award in respect to allowable matters. 8. ANTI-DISCRIMINATION 8.1 It is the intention of the respondents to this award to achieve the principal object in

s.3(j) of the Workplace Relations Act 1996 through respecting and valuing the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, natural extraction or social origin.

8.2 Accordingly, in fulfilling their obligations under the dispute avoidance and settling

clause, the respondents must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.

8.3 Nothing in this clause is taken to affect: 8.3.1 any different treatment (or treatment having different effects) which is specifically

exempted under the Commonwealth anti-discrimination legislation; 8.3.2 junior rates of pay, until 22 June 2000 or later date determined by the Commission

in accordance with s.143(1E) of the Act; 8.3.3 an employee, employer or registered organisation, pursuing matters of

discrimination in any State or federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission.

8.3.4 the exemptions in s.170CK(3) and (4) of the Act. PART 2 - AWARD FLEXIBILITY 9. ENTERPRISE FLEXIBILITY PROVISIONS (See ss.113A and 113B of the Act) 9.1 Where an employer or employees wish to pursue an agreement at the enterprise or

workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs the following process will apply:

9.1.1 A consultative mechanism and procedures appropriate to the size, structure and

needs of the enterprise or workplace will be established. 9.1.2 For the purpose of the consultative process the employees may nominate the

union or another to represent them. 9.1.3 Where agreement is reached an application will be made to the Commission.

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10. INDEX OF FACILITATIVE PROVISIONS 10.1 A facilitative provision is one which provides that the standard approach in an award

provision may be departed from by agreement between an individual employer and the Union and/or an employee, or the majority of employees, in the enterprise or workplace concerned.

10.2 Facilitative provisions in this award are contained in the following clauses:

Clause title Clause number Substitution of public holidays 31.5 Stand-by 26.1 and 21.6 Hours of work 24.6.1 Annual leave 27.3

PART 3 - DISPUTE RESOLUTION AND COMMUNICATION 11. PROCEDURE TO AVOID INDUSTRIAL DISPUTES 11.1 In the event of a dispute arising in the workplace the procedure to be followed to resolve

the matter will be as follows: 11.1.1 The matter will be submitted by an employee or the union representative to the

employer’s representative on the job. 11.1.2 If not settled the matter will be formally submitted by the employee or union to

the employer, or visa versa. 11.1.3 If still not settled the matter will be referred to the Australian Industrial Relations

Commission. 11.1.4 While the above procedure is being followed, work will continue normally where

it is agreed that there is an existing custom, but in other cases the work will continue at the instruction of the employer. While the parties attempt to resolve the matter work will continue as normal unless an employee has a genuine concern about an imminent risk to his or her health and safety. No party will be prejudiced as to final settlement by the continuance of work in accordance with this subclause.

12. POSTING OF AWARD A copy of this award and all amendments thereto will be exhibited or made available by the employer in every place of work.

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PART 4 - EMPLOYER AND EMPLOYEE’S DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED MATTERS 13. WORK ORGANISATION Employees must undertake duties as directed within the limits of their competence. 14. TYPES OF EMPLOYMENT 14.1 Weekly employment

Employment shall be by the week. 14.2 Probationary employment 14.2.1 An employee will be engaged by the employer on a probationary basis for a

maximum period of 9 weeks (3 cycles). The probationary period will permit an employee to be inducted, undergo initial employer training and for the employer to assess the employee's performance.

14.2.2 During this probationary period either party may terminate employment by giving

one day's notice. 14.2.3 During the period of probationary employment, the employee's service will count

for the purposes of accruing leave entitlements, but the employee will not be entitled to any paid leave, other than sick leave or bereavement leave, during that probationary period.

14.2.4 This clause will not apply to employees who are re-engaged by an employer if

break between periods of employment is less than 12 months. 15. STAND DOWN 15.1 The employer may deduct payment for any day the employee cannot be usefully

employed because of any strike or through any breakdown of machinery or any stoppage of work by any cause for which the employer cannot reasonably be held responsible.

15.2 Provided that in the event of storm, cyclones or other conditions which result in the

abandonment of an oil well drilling rig, the conditions of subclause 18.4 of this award shall be applicable

16. REDUNDANCY 16.1 Definition

Redundancy occurs when an employer decides that the employer no longer wishes the job the employee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour.

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16.2 Transfer to lower paid duties

Where an employee is transferred to lower paid duties by reason of redundancy the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may at the employer’s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary rate of pay and the new ordinary time rate for the number of weeks of notice still owing.

16.3 Severance pay 16.3.1 In addition to the period of notice prescribed for ordinary termination clause 17,

Termination of employment, an employee whose employment is terminated by reason of redundancy must be paid, the following amount of severance pay in respect of a continuous period of service:

Period of continuous service Severance pay 1 year or less nil 1 year and up to the completion of 2 years 4 weeks pay 2 years and up to the completion of 3 years 6 weeks pay 3 years and up to the completion of 4 years 7 weeks pay 4 years and over 8 weeks pay

16.3.2 Week’s pay means the ordinary time rate of pay for the employee concerned. 16.3.3 Provided that the severance payments will not exceed the amount which the

employee would have earned if employment with the employer had proceeded to the employee’s normal retirement date.

16.4 Employee leaving during notice period

An employee whose employment is terminated by reason of redundancy may terminate his/her employment during the period of notice and, if so, will be entitled to the same benefits and payments under this clause had they remained with the employer until the expiry of such notice. However, in this circumstance the employee will not be entitled to payment in lieu of notice.

16.5 Alternative employment

An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee.

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16.6 Time off during notice period 16.6.1 During the period of notice of termination given by the employer an employee

will be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.

16.6.2 If the employee has been allowed paid leave for more than one day during the

notice period for the purpose of seeking other employment, the employee will, at the request of the employer, be required to produce proof of attendance at an interview or he or she will not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

16.7 Employees exempted

This clause will not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, neglect of duty or misconduct, and in the case of casual employees, or employees engaged for a specific period of time or for a specific task or tasks.

16.8 Employers exempted

Subject to an order of the Commission, in a particular redundancy case, this clause will not apply to employers who employ less than fifteen employees.

16.9 Incapacity to pay

An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied on the basis of the employer’s incapacity to pay.

17. TERMINATION OF EMPLOYMENT 17.1 Employment for employees may be terminated by the employer or employee giving the

other the appropriate amount of notice as specified below or pay in lieu thereof, or part notice and part pay in lieu. Compensation in lieu of notice must be calculated as if the employee had continued in normal employment for that period.

17.2

Period of continuous service Period of notice 1 year or less 1 week 1 year and up to 3 years 2 weeks 3 years and up to 5 years 3 weeks 5 years and over 4 weeks

17.3 In addition to the notice specified above, the employer will give employees 45 years of

age or older, at the time of giving notice with not less than two years continuous service, an additional week's notice.

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17.4 The period of notice in this clause, will not apply in the case of dismissal for conduct that justifies instant dismissal including inefficiency within the first fourteen days, neglect of duty or misconduct and in the case of casual employees, apprentices, or employees engaged for a specific period of time or for a specific task or tasks.

17.5 If an employee fails to give notice the employer has the right to withhold monies due to

the employee to a maximum amount equal to the ordinary time rate of pay for the period of notice.

17.6 In calculating any payment in lieu of notice, the wages an employee would have

received in respect of the ordinary time they would have worked during the period of notice had their employment not been terminated will be used.

18. WORKPLACE ABANDONMENT 18.1 In the event of storm or cyclone or other conditions which result in the abandonment of

an oil drilling rig, the following shall apply: 18.1.1 Employees shall carry out their normal duties until such time as normal duties

become impracticable due to any reasons including safety factors. 18.1.2 Employees who are prevented from carrying out their normal duties shall be put

on to alternative duties, maintaining their ordinary award wage rates. 18.1.3 Employees for whom no alternative work can be found and employees for whom

no further alternative work can be found shall be stood down. 18.1.4 Employees stood down shall maintain their ordinary award wage rate for a

maximum period of 5 ordinary working days (i.e. 5 eight hour shifts). 18.1.5 In the event of work not resuming at the conclusion of the five day period referred

to in 18.4 hereof, the employer and employee(s) with the employee’s representative shall enter into further negotiation.

18.1.6 Notwithstanding the above, an employee may elect not to accept alternative duties

in which case subclause 18.4 hereof shall not apply. PART 5 - WAGES AND RELATED MATTERS 19. CLASSIFICATION STRUCTURE AND WAGES [19.1 substituted by V005 PR903140 PR933191; PR956413 ppc 11Mar05] 19.1 For work done during ordinary hours an employee engaged in a classification specified

in the table hereunder shall be paid at the respective rate per week assigned to that classification:

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Classification Minimum award rate

$

Qualified Cook 561.20Derrickman 538.00Other cook 516.70Floorman 495.40Labourer 474.20Cook's offsider 474.20Utility attendant 474.20

19.2 Arbitrated safety net adjustment [19.2 substituted by S6110 PR903140 PR933191; PR956413 ppc 11Mar05]

The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review - Wages decisions May 2003 [PR002003] and May 2004 [PR002004]. This arbitrated safety net adjustment may 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 certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

19.3 Classification structure 19.3.1 Qualified cook

Qualified cook will mean a commi chef or equivalent who has completed an apprenticeship or who has passed the appropriate trade test and who is engaged in cooking, baking, pastry cooking or butchering duties, and performs any of the following:

19.3.1(a) general duties including supervision and/or training of other kitchen staff;

19.3.1(b) ordering and stock control;

19.3.1(c) solely responsible for other cooks and other kitchen employees.

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19.3.2 Derrickman

Derrickman will mean an employee who has the appropriate level of training and who is engaged in any of the following:

19.3.2(a) mixing chemicals;

19.3.2(b) recording of pressures;

19.3.2(c) operating the mud pump;

19.3.2(d) communication with the engineer;

19.3.2(e) relieving the driller;

19.3.2(f) stacking the drill pipe;

19.3.2(g) erecting and dismantling drilling rigs.

19.3.3 Other cook

Other cook will mean an employee who is not a qualified tradesman or equivalent but has the appropriate level of training and who performs the following cooking duties:

19.3.3(a) general cooking;

19.3.3(b) baking;

19.3.3(c) pastry cooking;

19.3.3(d) butchering.

19.3.4 Floorman

Floorman will mean an employee who has the appropriate level of training and who is engaged in any of the following:

19.3.4(a) run and recover drill string and bits;

19.3.4(b) assisting derrickman;

19.3.4(c) rigging up the derrick;

19.3.4(d) prepare tubing and piping;

19.3.4(e) operate forklift;

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19.3.4(f) minor engine maintenance;

19.3.4(g) erecting and dismantling drilling rigs. 19.3.5 Labourer

Labourer will mean an employee who has the appropriate level of training and who is engaged in any of the following:

19.3.5(a) assisting floorman to run and recover drill string, drill bits and install casing;

19.3.5(b) maintain an adequate supply of material for the drilling crew e.g. drill pipe,

casing, cement and chemicals;

19.3.5(c) erecting and dismantling drilling rigs. 19.3.6 Cook’s offsider

Cook's offsider will mean an employee who has the appropriate level of training and who is engaged in any of the following:

19.3.6(a) general cleaning duties within the kitchen or food preparation area including

cleaning of cooking and general utensils used in a kitchen;

19.3.6(b) assisting employees who are cooking;

19.3.6(c) assembly and preparation of ingredients for cooking;

19.3.6(d) general pantry duties. 19.3.7 Utility attendant

Utility attendant will mean an employee who has the appropriate level of training and who is engaged in any of the following:

19.3.7(a) general cleaning duties within the camp environs;

19.3.7(b) assisting camp staff as required.

19.3.8 Mixed functions

19.3.8(a) An employee engaged for a full day or shift on duties carrying a higher rate than the employee's ordinary classification will, except where the employee is engaged in training, be paid the higher rate for such day or shift.

19.3.8(b) The wage rates set out in this award include compensation for relieving

employees in higher classification for periods of less than one day or shift.

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20. PENALTY RATES 20.1 Shift allowance [20.1.1 varied by S6110 PR903140 PR933191 PR956413; substituted by PR958133 ppc 26May05] 20.1.1 An employee engaged on shift work will be paid an allowance of $9.40, for each

afternoon or night shift of 7.6 hours duration or for each regularly rostered shift which partly falls within the afternoon or night shift hours.

20.1.2 An employee who (except at the employee's own request) during a period of

engagement on shift, works permanent night shift only will during such engagement, period or cycle, be paid 30 per cent more than the ordinary rate for all time worked during ordinary working hours on such night shift. Provided the payment set out in this subclause will be in substitution for the shift allowance in clause 20.1.1 hereof.

20.2 Saturday and Sunday work 20.2.1 The minimum rate to be paid to a shift worker for work performed during

ordinary hours between midnight Friday and midnight Saturday will be time and one half.

20.2.2 The minimum rate to be paid to an employee for work performed between

midnight Saturday and midnight Sunday will be double time. 21. ALLOWANCES 21.1 Supervisory allowance

An employee who is given by the employer, or the agent of the employer, the responsibility over and above that attached to their normal classification of directing and/or supervising the work of other employees, or in the case of only one employee the specific responsibility of directing and/or supervising the work of that employee will receive an allowance equal to 5 per cent of the qualified cook's weekly rate in accordance with clause 19.1 hereof. This clause will apply only to the classifications of Derrickman, Floorman, and Other cook.

21.2 Isolation and accumulated days off allowance [21.2.1 varied by S6110 PR903140 PR933191; PR956413 ppc 11Mar05] 21.2.1 An employee will be paid an allowance of $40.40 for each day or part thereof

spent on site when employed on cycles of four weeks or longer in an isolated area.

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[21.2.2 varied by S6110 PR903140 PR933191; PR956413 ppc 11Mar05] 21.2.2 An employee will be paid an allowance of $20.10 for each day or part thereof

spent on site when employed in an isolated area other than as described in subclause 21.2.1 hereof.

21.2.3 The above allowances are to cover the disabilities associated with isolation,

accumulating days off, the lack of normal amenities of town or city dwelling, sharing accommodation and the type of facilities and living conditions available during drilling operations.

21.3 Clothing and boot allowance [21.3.1 varied by PR903140; PR933191 ppc 15May03] 21.3.1 The appropriate allowance as set out hereunder will be paid to a rig worker who in

the course of their employment is required to wear safety boots. This allowance will also include payment for wear and tear on the employee’s work clothes.

21.3.1(a) When working 12 hour tours of duty - $21.10 per week of duty.

21.3.1(b) When working 8 hours tours of duty - $14.20 per week of duty.

21.3.2 Such clothing and boots as this allowance provides compensation for, will

conform to safety standards as determined by the employer or as prescribed within relevant legislation.

21.4 Protective clothing 21.4.1 Where it is necessary for the employee to purchase tools, gloves, masks, goggles,

waterproof clothing and/or other safety gear or equipment, the employer must reimburse the employee the cost of such protective clothing, equipment and tools.

21.4.2 The provisions of clause 21.4.1 do not apply where the protective clothing,

equipment and tools are supplied to the employee at the employer’s expense. 21.5 Damage to clothing or spectacles

Reimbursement to the extent of the damage sustained will be made by an employer where in the course of the work an employee's clothing or spectacles are damaged or destroyed. Provided that this clause not apply when an employee is entitled to workers' compensation in respect of the damage or when damage is sustained to clothing which is supplied by the employer or for which the employee is paid an allowance in accordance with clause 21.3 of this award.

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21.6 Stand-by payments

When an employee is available on stand-by at a place away from the employee’s home the employer will reimburse the employee for suitable meal and accommodation costs. Such meal and accommodation costs shall not be paid where the employer provides suitable board and accommodation free of charge for standing by such place.

21.7 Fares 21.7.1 Where an employee has completed three months continuous service with an

employer or where the work has ceased sooner, then, on termination of the employee's engagement the employer will reimburse the fare of the employee for travel from the workplace back to the designated assembly point if the employee so desires. Such reimbursement of fares will not take place where the employer provides suitable transport.

21.7.2 Provided that if the employer and employee agree, reimbursement or the provision

of suitable transport under this subclause may be made in respect to some other point if the dollar value does not exceed the amount payable from the workplace to the designated assembly point. Provided further, that if the employment is terminated due to serious misconduct on the part of the employee, the employer will not be required to reimburse the employee or provide such transport.

21.8 Insurance [21.8.1 varied by PR933191; PR956413 ppc 11Mar05] 21.8.1 The employer shall reimburse an employee for taking out additional insurance

cover for dismemberment or death by accident whilst at work or travelling to or from work of $67,123.

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21.8.2 The type of additional insurance coverage will be:

% of sum insured 21.8.2(a) Death by accident 100 21.8.2(b) Total loss of sight of both eyes 100 21.8.2(c) Total loss of sight of one eye 50 21.8.2(d) Serious diminution of sight of both

eyes 75

21.8.2(e) Serious diminution of sight on one eye 35 21.8.2(f) Loss of two limbs by the same accident 100 21.8.2(g) Loss of one limb by accident 50 21.8.2(h) Loss of both hands by accident 100 21.8.2(i) Loss of hand and a foot 100 21.8.2(j) Loss of hand or thumb and four fingers 80 21.8.2(k) Loss of thumb 35 21.8.2(l) Loss of forefinger 25 21.8.2(m) Loss of middle finger 20 21.8.2(n) Loss of ring finger 20 21.8.2(o) Loss of little finger 14 21.8.2(p) Total loss of movement of joint of

thumb 15

21.8.2(q) Total loss of distal phalanx of thumb 17 21.8.2(r) Total loss of portion of terminal

segment of thumb involving

one third of its flexor surface without loss of distal phalanx

15

21.8.2(s) Total loss of distal phalanx of

forefinger 11

21.8.2(t) Total loss of distal phalanx of any other

finger 9

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21.8.2(u) Loss of both feet 100 21.8.2 (v) Loss of foot 75 21.8.2(w) Loss of great toe 25 % of sum insured

21.8.2(x) Loss of any other toe 10 21.8.2(y) Loss of two phalanxes of any toe 8 21.8.2(z) Loss of phalanx of great toe 8

21.8.3 Where the employer provides insurance cover in accordance with the

requirements of this clause then the reimbursement provisions of this clause will not have affect.

22. ACCIDENT MAKE-UP PAYMENT 22.1 An employer will pay an employee accident pay where the employee receives an injury

for which weekly payments or compensation are payable by or on behalf of the employer pursuant to the provisions of the appropriate Workers' Compensation Act provided such payments are at a rate less than an employee's appropriate ordinary award rate.

22.2 Accident pay means payment of an amount being the difference between the amount of

compensation paid to the employee pursuant to the said appropriate Workers' Compensation Act and payment for the number of hours that the employee would have worked had the employee been at work, at the ordinary wage rate set out in clause 19.1 hereof.

22.3 An employer will pay, or cause to be paid, accident pay during the incapacity of the

employee within the meaning of the said appropriate Act until such incapacity ceases, or until the expiration of a period of 52 weeks from the date of the injury or until the employee's job is made redundant, whichever event will first occur.

22.4 For the purpose of this clause, a job is redundant when an employer has made a definite

decision that the employer no longer wishes the job the employee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour and that decision leads to termination of employment.

22.5 The liability of the employer to pay accident pay in accordance with this clause will

arise as at the date of the injury or accident in respect of which compensation is payable under the said appropriate Act, and the termination of the employee's employment other than through redundancy, during the period of any incapacity will in no way affect the liability of the employer to pay accident pay as provided in this clause.

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22.6 In the event that the employee receives a lump sum in redemption of weekly payment under the said Act, the liability of the employer to pay accident pay as herein provided will cease from the date of such redemption.

23. SUPERANNUATION 23.1 The subject of superannuation contributions is dealt with extensively by legislation

including the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

23.1.1 Notwithstanding 23.1, the following provisions will also apply.

23.1.1(a) An approved fund will mean one of the following funds:

23.1.1(a)(i) Nationwide Superannuation Fund: or

23.1.1(a)(ii) an alternative superannuation scheme approved in accordance with the Commonwealth Occupational Superannuation Funds Legislation. Provided that an employer will not be required to contribute to more than one fund.

23.2 Contributions

The employer must, in accordance with the governing rules of the fund, make such superannuation contributions for the benefit of an employee as will avoid the company being required to pay superannuation guarantee charge under the superannuation legislation with respect to that employee. For the purposes of the legislation, an employee’s ordinary time earnings are intended to provide that employee’s notional earnings base.

23.2.1 Ordinary time earnings means the award classification rate, overaward

payments and casual loading for casual employees. PART 6 - HOURS OF WORK AND OVERTIME 24. HOURS OF WORK 24.1 Day work [24.1 substituted by PR958133 ppc 26May05]

The ordinary hours of work will not exceed 38 per week to be worked in daily periods of 7.6 hours continuously, except for meal breaks, on Monday to Friday inclusive.

24.2 Transfers between shifts

A day worker may be required by an employer to transfer to shift work and a shift worker may be required to transfer to day work and thereafter to observe those respective classes of work, provided that the change from one class of work to another will not be made without the payment of overtime rates unless the employee has had ten hours off duty between the time of ceasing and commencing duty.

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24.3 Shift work [24.3 varied by PR958133 ppc 26May05] 24.3.1 The ordinary hours of work will not exceed an average of 38 per week spread over

a period of two, three or four weeks, to be worked in shifts of eight consecutive hours inclusive of 30 minutes crib break which will be counted as time worked.

24.3.2 Shifts may be worked:

24.3.2(a) Midnight to 8.00 am Night shift (morning Tour)

24.3.2(b) 8.00 am to 4.00 pm Day shift

(daylight Tour)

24.3.2(c) 4.00 pm to Midnight Afternoon shift (evening tour)

24.4 Employee not attending for duty

Any employee not attending for duty will, except as provided in clauses 27, 28, and 31 of this award, lose pay for actual time of such non-attendance.

24.5 Special provisions for isolated areas [24.5 substituted by PR958133 ppc 26May05] 24.5.1 In isolated areas work may be carried out over consecutively recurring cycles,

consisting of a specified number of consecutive working days followed by a specified number of consecutive non-working days.

24.5.2 In lieu of the provisions of clauses 24.1, 24.2 and 24.3 the following will apply:

24.5.2(a) The total ordinary hours of work during a cycle will not exceed 38 hours multiplied by the number of weeks in the cycle.

24.5.2(b) The number of ordinary hours worked in a day without the payment of

overtime may be agreed upon by the employer and the employee concerned provided that the number of days in a cycle on which ordinary time may be worked shall not exceed five days multiplied by the number of weeks in the cycle.

24.5.2(c) The number of ordinary hours to be worked in a day as arranged by the

employer and employee concerned shall be the regular rostered hours of the day and except as provided in clauses 24.5.2(d) and 24.5.2(e) hereof, overtime shall be paid for any time in excess of the regular rostered hours of the day.

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24.5.2(d) Where Saturdays are worked in the cycle the regular rostered hours shall be paid for at time and a half and time in excess of the regularly rostered hours shall be paid for at double time.

24.5.2(e) Where Sundays are worked in the cycle the regularly rostered hours shall be

paid for at double time and time in excess of the regularly rostered hours shall be paid for at double time.

24.6 At each work location the employer will establish a roster which will specify: 24.6.1 the crew change days; and 24.6.2 the starting and finishing times of each tour.

Once having been determined, the above will only be altered by agreement between the employer and the majority of employees concerned.

24.7 An off-going employee will be paid four hours travelling time at the employee's

ordinary rate. An oncoming employee will be paid four hours travelling time at the employee's ordinary rate, provided that the employee reports at the designated assembly point at the time notified by the employer. An employee who does not so report will only be paid from the time the employee reports at the designated assembly point. Provided that where, under normal circumstances, travelling time is likely to exceed four hours at a given location, the employee and the employer will agree on the amount of travelling time to be paid in respect of travel between the designated assembly point and the particular location. Such agreed travelling time should be payable only to the extent that it is in excess of the four hours referred to above. Provided further that an employee will not be paid more than 12 hours at the ordinary rate in respect of any one journey.

24.8 If an employee is dismissed other than for serious misconduct, the employee will be

provided at dismissal with free transport from the rig to the designated assembly point. Provided that if public transport is not available at that point, the employee will be provided at dismissal with free transport to the nearest place to that point where public transport is reasonably available. Where applicable, the provisions of clause 21.7 will operate after the employee has been transported to the aforementioned designated assembly point or other place.

25. OVERTIME 25.1 All time worked in excess of or outside the ordinary hours of work prescribed by this

award will be paid for at the rate of double time. 25.2 Where an employee works so much overtime continuous with the completion of normal

hours on one day that the employee does not have at least ten consecutive hours off duty between the work of successive days the employee will be paid at overtime rates until the employee has ten consecutive hours off duty. Provided that the employee will be paid for all ordinary time occurring during such ten hours off duty.

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25.3 The provisions of this clause will apply in the case of shift workers and employees

working in accordance with clause 25.2 of this award as if eight hours were substituted for ten hours when overtime is worked:

25.3.1 for the purpose of changing shifts; or 25.3.2 where a shift worker does not report for duty; or 25.3.3 where a shift is worked by arrangement between the employees themselves. 25.4 An employee recalled to work overtime will be paid for a minimum of three hours

work. Such work will not be regarded as overtime for the purpose of clause 25.2 hereof. 26. STAND-BY 26.1 Stand-by will mean all time during which an employee: 26.1.1 agrees on a rostered day off; or 26.1.2 is required on a rostered work day to be available at the employee's home or such

other places as is mutually agreed between an employer and employee, in readiness for an immediate call to work. Provided that an employee will not be compelled to be available on stand-by on a rostered day off.

PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 27. ANNUAL LEAVE 27.1 An employee will be allowed annually, after twelve months continuous service, a period

of 28 consecutive days leave including non-working days. 27.2 In addition to the leave prescribed in 27.1 hereof, an employee who is regularly rostered

to work on any day of the week, will be allowed an additional seven consecutive days leave. Provided that where an employee is so rostered for part of a year, the amount of additional leave will be the same proportion of seven days as such part bears to a year.

27.3 The annual leave referred to in this clause will be exclusive of any public holidays

prescribed by this award, and for each holiday which falls within an employee's annual leave, one day will be added to such leave.

27.4 Before going on annual leave, an employee to whom this clause applies, will be paid at

the employee's ordinary rate for each week of leave, plus the shift allowances and weekend penalties payable had the employee remained at work during the relevant period. Provided that an employee proceeding on annual leave and not in receipt of a weekly equivalent to the ordinary wage rate plus 17-1/2 per cent will have the annual leave pay increased to that amount while on annual leave.

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27.5 In lieu of the payment specified in 27.1 hereof, an employee who in any qualifying

period for annual leave is regularly rostered to work twelve hour shifts will be paid at the rate of twice the employee's ordinary wage for each week of leave.

27.6 Annual leave will be given and taken in a continuous period, not later than six months

after it accrues provided that if an employee and employer agree, annual leave may be allowed and taken in not more than two separate periods.

27.7 The commencement of annual leave will be mutually agreed between the employer and

the employee or by the employer giving reasonable notice. 27.8 An employee whose services are terminated by an employer or who leaves their

employment during any qualifying period for annual leave will, in respect of the period worked, be paid the cash equivalent of annual leave in the same proportion which the period worked bears to a year. Such payment will be calculated in the same manner as the payment prescribed in 27.4 hereof.

27.9 Where an employee with twelve months continuous service is employed for part of the

twelve monthly period on different work cycles or rosters the leave entitlements set out in 27.1 and 27.2 hereof, will be calculated on a proportionate basis.

28. PERSONAL LEAVE The clause describes an employee's (other than a casual employee's) entitlement to personal leave, that is sick leave, carer's leave and bereavement leave. 28.1 Amount of paid personal leave 28.1.1 Paid personal leave is available to an employee when they are absent:

28.1.1(a) due to personal illness or injury (sick leave);

28.1.1(b) for the purposes of caring for an immediate family or household member who is sick and requires the employee's care and support (carer's leave);

28.1.1(c) for bereavement on the death of an immediate family or household member

(bereavement leave). 28.1.2 The amount of personal leave to which an employee is entitled depends on how

long they have worked for the employer and accrues on the basis of 8 days sick leave per employment year and 2 days (or 4 days when working in accordance with clause 24.5) bereavement leave per employment year. Bereavement leave does not accrue from year to year.

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28.1.3 Accumulation of personal leave

Sick leave not taken in any year may be accumulated from year to year and taken in subsequent years, in addition to whatever sick leave may have accumulated in that year.

28.2 Definitions 28.2.1 The term immediate family includes:

28.2.1(a) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite sex to the employee who lives with the employee as his or her husband or wife on a bona fide domestic basis; and

28.2.1(b) child or an adult child (including an adopted child, a step child or an ex-

nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.

28.2.2 Accumulated personal leave is personal leave accumulated under 28.1.2 and

28.1.3. 28.3 Sick leave 28.3.1 Entitlement

28.3.1(a) The amount of personal leave an employee may take as sick leave depends on how long they have worked for the employer and accrues on the basis of 8 days per employment year.

28.3.1(b) Accumulated personal leave may be used for sick leave if the current sick

leave entitlement is exhausted. 28.3.2 The effect of workers' compensation

If an employee is receiving workers' compensation payments, they are not entitled to sick leave.

28.3.3 Employee must give notice

The employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer of their inability to attend for duty and as far as practicable state the nature of the injury or illness and the estimated duration of the absence.

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28.3.4 Evidence supporting claim

The employee must, if requested by the employer, provide proof, that the employee was unable to work because of injury or personal illness.

28.3.5 Single day absences

28.3.5(a) An employee who has already had two paid sick leave absences in the year, the duration of each absence being of one day only is not entitled to further paid sick leave in that year of a duration of one day only, without production to the employer of a certificate of a qualified medical practitioner which states that the employee was unable to attend for duty on account of personal illness or injury.

28.3.5(b) An employer may agree to accept a Statutory Declaration in lieu of the

required medical certificate.

28.3.5(c) Where an employee is absent from work on account of illness covered by this clause for more than one day the employee will provide to the employer a certificate from a qualified medical practitioner which states that the employee was unable to attend for duty on account of personal illness or injury.

28.4 Bereavement leave 28.4.1 Paid leave entitlement

28.4.1(a) Death in Australia

A full-time employee is entitled to use up to 2 days personal leave as bereavement leave on each occasion, and on production of satisfactory evidence (if required by the employer), or the death in Australia of either a member of the employee's immediate family or household.

28.4.1(b) Death outside Australia

A full-time employee is entitled to use up to 2 days personal leave as bereavement leave on each occasion, and on production of satisfactory evidence (if required by the employer), of the death outside Australia of either a member of the employee's immediate family or household, where the employee travels outside Australia to attend the funeral.

28.5 Unpaid leave

Where an employee has exhausted all personal leave entitlements, including accumulated leave entitlements, they are entitled to take unpaid bereavement leave. The employer and the employee should agree on the length of the unpaid leave. In the absence of agreement, a full-time employee is entitled to take up to 16 hours unpaid leave, provided the requirements of 28.4.1 are met, and a part-time employee is entitled to take up to two days unpaid leave, to a maximum of 16 hours, provided the requirements of 28.4.1 are met.

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28.6 Carer's leave 28.6.1 Paid leave entitlement

Where practicable in returning an employee from an isolated work-site, an employee is entitled to use up to 40 hours personal leave each year to care for members of their immediate family or household who are sick and require care and support. This entitlement is subject to the employee being responsible for the care and support of the person concerned. In normal circumstances an employee is not entitled to take carer's leave where another person has taken leave to care for the same person.

28.6.2 Notice required

28.6.2(a) When taking carer's leave the employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer of their inability to attend for duty. If it is not reasonably possible to inform the employer during the ordinary hours of the first day or shift of such absence, the employee will inform the employer within 24 hours of such absence.

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28.6.2(b) The notice must include:

28.6.2(b)(i) the name of the person requiring care and support and their relationship to the employee;

28.6.2(b)(ii) the reasons for taking such leave; and

28.6.2(b)(iii) the estimated length of absence.

28.6.2(c) The employee must, if required, establish by production of a medical

certificate or statutory declaration, the illness of the person concerned and that such illness requires care by another.

28.7 Unpaid carer's leave

An employee may take unpaid carer's leave by agreement with the employer. 29. PARENTAL LEAVE Subject to the terms of this clause employees other than casuals are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child. 29.1 Definitions

For the purposes of this clause: 29.1.1 Child means a child of the employee under the age of one year except for

adoption of a child where child means a person under the age of five years who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who had previously lived continuously with the employee for a period of six months or more.

29.2 Entitlement 29.2.1 After twelve months continuous service, parents are entitled to a combined total of

52 weeks unpaid parental leave on a shared basis in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption.

29.2.2 Parental leave is to be available to only one parent at a time, except that both

parents may simultaneously access the leave in the following circumstances:

29.2.2(a) for maternity and paternity leave, an unbroken period of one week at the time of the birth of the child;

29.2.2(b) for adoption leave, an unbroken period of up to three weeks at the time of

the placement of the child.

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29.3 Maternity leave 29.3.1 An employee must provide notice to the employer in advance of the expected date

of commencement of parental leave. The notice requirements are:

29.3.1(a) of the expected date of birth (included in a certificate from a registered medical practitioner stating that the employee is pregnant) - at least 10 weeks;

29.3.1(b) of the date on which the employee proposes to commence maternity leave

and the period of leave to be taken - at least 4 weeks. 29.3.2 When the employee gives notice under 29.3.1(a) the employee must also provide

a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.

29.3.3 An employee will not be in breach of 29.3 if the failure to give the required notice

period is because of the birth occurring earlier than the presumed date. 29.3.4 Subject to 29.2.1 and unless agreed otherwise between the employer and

employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of the birth.

29.3.5 Where an employee continues to work within the six week period immediately

prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, an employer may require the employee to provide a medical certificate stating that she is fit to work on her normal duties.

29.3.6 Where the pregnancy of an employee terminates after 28 weeks and the employee

has not commenced maternity leave, the employee may take unpaid special maternity leave of such period as a registered medical practitioner certifies as necessary, except that where an employee is suffering from an illness not related to the direct consequences of the birth an employee may be entitled to paid sick leave in lieu of, or in addition to, special maternity leave.

29.3.7 Where leave is granted under 29.3.4 during the period of leave an employee may

return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the re-commencement date desired by the employee.

29.3.8 Where an employee is pregnant and, in the opinion of a registered medical

practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.

29.3.8(a) If the transfer to a safe job is not practicable, the employee may elect, or the

employer may require the employee, to commence parental leave.

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29.4 Paternity leave 29.4.1 An employee will provide the employer at least ten weeks prior to each proposed

period of paternity leave, with:

29.4.1(a) a certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected date of birth, or states the date on which the birth took place; and

29.4.1(b) written notification of the dates on which he proposes to start and finish the

period of paternity leave; and

29.4.1(c) a statutory declaration stating:

29.4.1(c)(i) he will take that period of paternity leave to become the primary care-giver of a child;

29.4.1(c)(ii) particulars of any period of maternity leave sought or taken by

his spouse; and

29.4.1(c)(iii) that for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment.

29.5 Adoption leave 29.5.1 The employee will notify the employer at least ten weeks in advance of the date of

commencement of adoption leave and the period of leave to be taken. 29.5.2 Before commencing adoption leave, an employee will provide the employer with

a statutory declaration stating:

29.5.2(a) the employee is seeking adoption leave to become the primary care-giver of the child;

29.5.2(b) particulars of any period of adoption leave sought or taken by the

employee's spouse; and

29.5.2(c) that for the period of adoption leave the employee will not engage in any conduct inconsistent with their contract of employment.

29.5.3 An employer may require an employee to provide confirmation from the

appropriate government authority of the placement. 29.5.4 Where the placement of a child for adoption with an employee does not proceed

or continue, the employee will notify the employer immediately and the employer will nominate a time not exceeding four weeks from receipt of notification for the employee's return to work.

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29.5.5 An employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances.

29.6 Variation of period of parental leave

Unless otherwise agreed between the employer and employee, an employee may apply to their employer to change the period of parental leave on one occasion. Any such change to be notified at least four weeks prior to the commencement of the changed arrangements.

29.7 Parental leave and other entitlements

An employee may in lieu of or in conjunction with parental leave, access other paid leave entitlements which they have accrued, such as annual leave or long service leave, subject to the total amount of leave not exceeding 52 weeks.

29.8 Returning to work after a period of parental leave 29.8.1 An employee will notify of their intention to return to work after a period of

parental leave at least four weeks prior to the expiration of the leave. 29.8.2 An employee will be entitled to the position which they held immediately before

proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to 29.3.8 the employee will be entitled to return to the position they held immediately before to such transfer.

29.8.3 Where such position no longer exists but there are other positions available which

the employee is qualified for and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position.

29.9 Replacement employees 29.9.1 A replacement employee is an employee specifically engaged, part-time or full-

time, or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.

29.9.2 Before an employer engages a replacement employee the employer will inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

30. JURY SERVICE An employee required to attend for jury service during his rostered working hours will be reimbursed by the employer an amount equal to the difference between the amount paid in respect to his attendance for such jury service and the amount of wage he would have received in respect of the ordinary time he would have worked had he not been on jury service. An employee will notify his employer as soon as possible of the date upon which he is required to attend for jury service. Further, the employee will give his employer proof of this attendance, the duration of such attendance and details of the amount received in respect of such jury service.

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31. PUBLIC HOLIDAYS 31.1 An employee will be entitled to the following public holidays without loss of pay: 31.1.1 Victoria

New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Sovereign's Birthday, Labour Day, Melbourne Cup Day, Christmas Day and Boxing Day.

31.1.2 South Australia

New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, the third Monday in May, Sovereign's Birthday, Labour Day, Christmas Day and Proclamation Day.

31.1.3 Western Australia

New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day.

31.1.4 Queensland

New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Labour Day, Anzac Day, Sovereign's Birthday, Christmas Day, Boxing Day and Local Show Day.

31.1.5 All other States

New Year's Day, Australia Day, Good Friday, Territories Easter Saturday, Easter Monday, Anzac Day, Sovereign's Birthday, Labour Day, Christmas Day and Boxing Day.

31.2 Where Christmas Day, Boxing Day or New Year's Day fall on a Saturday or Sunday,

such holidays will be observed on the next succeeding working day or days, which will be deemed a holiday in lieu of the days named.

31.3 If any other day is generally observed in the locality as a substitute for any of the

abovementioned holidays, such day will be deemed a holiday for the purposes of this award.

31.4 Where, consequent upon a visit to Australia by her Majesty the Queen or any other

member of the Royal family, a public holiday is proclaimed by the Commonwealth or a State Government, such day will within the defined locality be deemed to be a holiday for the purpose of this award.

31.5 By agreement between the employer and a majority of his employees at a particular

work site, other days may be substituted for the said holidays or any of them.

AW791878 - 1999 30

31.6 Where an employee is absent from his employment on the working day before or the working day after a public holiday without reasonable excuse or without the consent of the employer, the employee will not be entitled to payment for such holiday or holidays.

31.7 For all work performed on a public holiday an employee will, in addition to the rate the

employee is already receiving for work on that day, be paid an extra amount at the rate of time and a half for work done on that day, provided that work will not be paid for at a rate in excess of triple time.

31.8 In addition to the amount for travelling under clause 24.7 of this award, an employee

will be paid for an extra two hours at ordinary rates when the employee travels on a public holiday.

[31.9 varied by PR958133 ppc 26May05] 31.9 A shift worker or an employee working under clause 24.5 of this award whose rostered

day off falls on a public holiday will, if not required to work, receive 7.6 hours pay at the employee's ordinary rate in addition to the employee's weekly wage.

AW791878 - 1999 31

SCHEDULE OF RESPONDENTS Poon Bros. Pty. Ltd., Box W2100, GPO, Perth WA 6001 O.D. &. E. Pty. Ltd., 15 Westport Road, Elizabeth West SA 5113 Nationwide Holdings Pty. Ltd., 8 Cavill Avenue, Ashfield NSW 2131 Oil Drilling & Exploration Ltd., 74 Castlereagh Street, Sydney NSW 2000 W.L. Sides & Son Pty. Ltd., Wellington Road, Clayton VIC 3168 International Chandlers Inc., 95 St. George's Terrace, Perth WA 6000 Lombardo Marine Group Pty. Ltd., PO Box 701, Fremantle WA 6160 S.H.R.M. (Australia) Pty. Ltd., GPO Box 2641, Sydney NSW 2001 Century Energy Limited, 49 Campbell Avenue, Wacol QLD 4076 Drillcorp Limited, 41 Buckingham Drive, Wangara WA 6065

AW791878 - 1999 32

ROPING-IN AWARD NO. 1 OF 2004

AW791878 - 1999 33

ROPING-IN AWARDS

AW791878 - 1999 34

[Roping-in award No.1 of 2004 inserted by PR946050 ppc 28Apr04] 1. TITLE This award shall be known as the Oil Drilling Rig Workers’ AWU (Onshore) (Roping in No.1) Award 2004. 2. PARTIES BOUND 2.1 This award will be binding upon:

The Australian Workers’ Union; and

WKGP Pty Ltd t/as Oil Industry Catering Services in respect of their employees whether members of the union or not.

3. APPLICATION Subject to that which is otherwise provided for in this award, the provisions of the Oil Drilling Rig Workers’ AWU (Onshore) Award 1999, as varied from time to time, shall apply. 5. OPERATIVE DATE This award shall operate from the first pay period on or after 28 April 2004 and shall remain in force for a period of six months.

ROPING-IN AWARD NO. 1 OF 2005 [Roping-in award No.1 of 2005 inserted by PR966887 ppc 20Dec05] 1. TITLE This award shall be known as the Oil Drilling Rig Workers’ AWU (Onshore) Roping-in No. 1 Award 2005. 2. PARTIES BOUND This award shall be binding upon: (a) The Australian Workers' Union, its officers and members; and (b) The employers listed in Schedule ‘A’. 3. APPLICATION The provisions of the Oil Drilling Rig Workers AWU (Onshore) Award 1999, as varied from time to time, shall apply to the employer and to the employees of the parties listed in Schedule ‘A’ who are members of, or eligible to be members of The Australian Workers’ Union. 4. SAVINGS PROVISION No employee shall, as a result of the making of this award, suffer any loss of existing wages or other benefits to which the employee was entitled prior to the date of the coming into operation of this award. 5. OPERATION This award shall come into force on and from the first pay period commencing on or after 20 December 2005 and shall remain in force for a period of six months.

Schedule ‘A’ Eastern Well Service Pty Ltd

Level 1 172 Hume Street

TOOWOOMBA QLD 4350

O.G.C. Services Pty Ltd

Level 1 172 Hume Street

TOOWOOMBA QLD 4350

Victoria Petroleum PO Box Z5441 PERTH WA 6831 St. Georges Terrace

** end of text **

AW791878 - 1999 35