Docstoc

REEFCAM PTY LTD TRADING AS TAKA DIVE ADVENTURES THE EMPLOYEES OF

Document Sample
REEFCAM PTY LTD TRADING AS TAKA DIVE ADVENTURES THE EMPLOYEES OF Powered By Docstoc
					                       EMPLOYEE COLLECTIVE AGREEMENT

               FOR LODGEMENT WITH THE WORKPLACE AUTHORITY

                 Workplace Relations Act 1996 s327, s333, s337 & s340




                          REEFCAM PTY LTD
                  TRADING AS TAKA DIVE ADVENTURES
                                 (ABN 49010885122)

                                         AND

                 THE EMPLOYEES OF REEFCAM PTY LTD




         REEFCAM PTY LTD COLLECTIVE AGREEMENT 2007




THIS AGREEMENT made under section 327 of the Workplace Relations Act 1996 on this
23rd day of November 2007, between Reefcam Pty Ltd and the Employees of Reefcam Pty
Ltd witnesses that the parties mutually agree as follows —

Date: November 2007                Page 1 of 29.        Employee Collective Agreement
                            PART 1 - PRELIMINARY


1.1   TITLE

This Employee Collective Agreement shall be known as the Reefcam Pty Ltd Employee
Collective Agreement 2007.


1.2   ARRANGEMENT


Clause Subject Matter                                          Page Number

1.1 TITLE                                                                             2
1.10 CONFIDENTIALITY                                                                  5
1.11 OTHER EMPLOYMENT AND CONFLICTS OF INTEREST                                       5
1.12 LETTER OF OFFER OF EMPLOYMENT                                                    5
1.13 PARTIAL EXEMPTION                                                                6
1.2 ARRANGEMENT                                                                       2
1.3 PARTIES BOUND AND COVERAGE                                                        4
1.4 OPERATIVE DATE AND DURATION                                                       4
1.5 POSTING OF AGREEMENT                                                              4
1.6 AWARD RELATIONSHIP                                                                4
1.7 AIM OF AGREEMENT                                                                  5
1.8 SCOPE OF WORK                                                                     5
1.9 CONSULTATION                                                                      5

2.1 ENGAGEMENT                                                                        6
2.10 TRAINING AND EDUCATION                                                          14
2.11 SELECTION PROCESS – FAMILIARS AND PREREQUISITE QUALS                            15
2.12 UNIFORMS                                                                        15
2.13 ON BOARD VESSEL MEALS, ECT                                                      15
2.14 TIME AND WAGES RECORDS                                                          16
2.15 PAYMENT OF WAGES                                                                16
2.16 JOB ROTATION AND MULTISKILLING                                                  16
2.17 SPECIFIED EXCLUSION OF PROTECTED AWARD CONDITIONS                               16
2.18 COMMISSIONS FOR DESIGNATED POSITIONS                                            17
2.2 QUALIFYING PERIOD                                                                 6
2.3 DISPUTE RESOLUTION PROCEDURE                                                      6
2.4 PROVISIONS ABOUT DISCRIMINATION, HARASSMENT AND BULLYING                          8
2.5 DISCIPLINE PROCEDURE                                                              8
2.6 TERMINATION OF EMPLOYMENT                                                        10
2.7 REDUNDANCY                                                                       12
2.8 ABANDONMENT OF EMPLOYMENT                                                        13
2.9 STANDING DOWN EMPLOYEES                                                          14

3.1 DEFINITIONS                                                                      17
3.2 CLASSIFICATIONS                                                                  19
3.3 TRAINEESHIPS                                                                     21
3.4 REMUNERATION                                                                     21
3.5 COMMISSION PAYMENTS                                                              23
3.6 JUNIOR RATES                                                                     23
3.7 SUPERANNUATION                                                                   23
3.8 WAGE INCREASES DURING LIFE OF AGREEMENT                                          23

4.1 FULL TIME HOURS OF WORK                                                          24
4.2 PART TIME HOURS OF WORK                                                          24
4.3 EMPLOYEE VOLUNTARY ADDITIONAL HOURS                                              24

Date: November 2007              Page 2 of 29.       Employee Collective Agreement
4.4 MEAL BREAKS AND REST PAUSES                                                    25
4.5 PUBLIC HOLIDAYS                                                                25


5.1 ANNUAL LEAVE                                                                   26
5.2 PERSONAL / CARERS LEAVE                                                        26
5.3 COMPASSIONATE (Bereavement) LEAVE                                              27
5.4 PARENTAL LEAVE                                                                 27
5.5 JURY SERVICE                                                                   27
5.6 LONG SERVICE LEAVE                                                             28
5.7 LEAVE FOR CASUALS                                                              28

6.1 PROVISION OF DIVING EQUIPMENT                                                  28
6.2 INSURANCE                                                                      28
6.3 ACCREDITATION - FIRST AID - OXYRESUS                                           28
6.4 MEDICAL ASSESSMENTS (CERTIFICATES)                                             28
6.5 CODE OF CONDUCT AND OPERATIONS MANUAL                                          28
6.6 COMMENCEMENT TIMES                                                             29

PART 1 - PRELIMINARY                                                                2
PART 2 - TERMS AND CONDITIONS OF EMPLOYMENT                                         6
PART 3 – DEFINITIONS, CLASSIFICATIONS AND REMUNERATION                             17
PART 4 - HOURS OF WORK                                                             24
PART 5 - LEAVE                                                                     26
PART 6 - MISCELLANEOUS                                                             28
PART 7 - DECLARATIONS AND SIGNATORIES                                              29




Date: November 2007               Page 3 of 29.    Employee Collective Agreement
1.3     PARTIES BOUND AND COVERAGE

1.3.1   This Agreement shall be binding on the “Parties” being, Reefcam Pty Ltd, (ACN
        49010885122) (hereinafter referred to as the “Employer” or “Taka Dive Adventures”
        or “the Company”) office at 131 Lake Street, (PO Box 6592), Cairns Queensland
        4870 and the Employees of Reefcam Pty Ltd, (hereinafter referred to as the
        “Employees”) wherever employed in Queensland as classified under this Agreement.

1.3.2   Where the term “Parties” is used in this Agreement it refers to the Parties identified in
        this clause.


1.4     OPERATIVE DATE AND DURATION

This Agreement shall commence operation from the date of Lodgement of this Agreement
with (and receipt issued by) the Workplace Authority (WA) and shall remain in force for a
period of five (5) years.


1.5     POSTING OF AGREEMENT

A copy of this Agreement shall be exhibited in a convenient location in the workplace/s of the
Employer so as to be readily accessible by all Employees.


1.6     AWARD RELATIONSHIP

1.6.1   This Agreement will extinguish the following Awards (NAPSA’s):-

        (a)    Masters, Mates and Engineers’ Award, Motor Vessels 2500 B.H.P./1866
               kW.B.P. and Under – State (Excluding the Port of Brisbane) 2003 (Northern
               Division);
        (b)    North Queensland Boating Operators Employees Award – State 2003 (Area
               North of the 20th parallel of South Latitude);
        (c)    Recreational Diving Industry Award 2001 (Federal);
        (e)    Clerical Employees Award – State 2002 (Northern Division Eastern District);
        (f)    Retail Industry Award – State 2004 (Northern Division Eastern District);

1.6.2   Unless otherwise specified in this Agreement, it is the intention of the Parties to this
        Agreement that the terms and conditions contained in this Agreement shall replace all
        terms and conditions of any applicable Award (stated or otherwise), Industrial
        Agreement or Industrial Instrument or any variations thereto that purports to apply to
        all or any Employees of the Employer.




Date: November 2007                     Page 4 of 29.          Employee Collective Agreement
1.7     AIM OF AGREEMENT

1.7.1   It is the aim of the Parties to this Agreement, to implement innovative workplace
        practices so as to provide for more flexible working arrangements, improve the
        efficiency and productivity of Reefcam Pty Ltd.

        The Parties agree that the objectives of this Agreement are to facilitate:-
        (a)    Employee job satisfaction;
        (b)    excellence in customer service;
        (c)    dynamic relationship between the Employer and Employees;
        (d)    flexible working hours and employment arrangements;
        (e)    workplace productivity (constant improvement).


1.8     SCOPE OF WORK

The Parties to this Agreement acknowledge the scope of work is based on the Recreational
Diving Industry and involves diving adventures on boat trips of up to seven days duration.


1.9     CONSULTATION

Through consultation and Employee discussions, Reefcam Pty Ltd seeks to give Employees
an opportunity to provide input that may influence management decisions affecting the
Company and to develop better understanding between management and Employees. The
Consultative process shall ensure a forum for open discussion and the Employer shall
convene Employee meetings from time to time to discuss the direction of the business and
any Employee issues that may arise. Employees may also convene consultative meetings
as required. Employee discussions shall be a forum for open communication where
everyone can speak openly and without fear of retribution of any type.


1.10    CONFIDENTIALITY

As part of normal duties the Employee will obtain or have access to confidential information
concerning the Employer. Under no circumstances is any use to be made of this information
except for purposes directly related to furthering the business interests of Reefcam Pty Ltd,
as provided within the terms of the Employee’s delegated authority.


1.11    OTHER EMPLOYMENT AND CONFLICTS OF INTEREST

The Employee shall not set up or engage in private business or undertake other employment
in direct or indirect competition with the Employer using knowledge or materials gained
during the course of employment under this Agreement.


1.12    LETTER OF OFFER OF EMPLOYMENT

The Parties to this Agreement acknowledge that this Agreement is to be read in conjunction
with the Letter of Offer of Employment issued in accordance clause 2.1. The parties
acknowledge that this Employee Collective Agreement and the Letter of Offer of Employment


Date: November 2007                     Page 5 of 29.           Employee Collective Agreement
will have a cause and effect upon each other, specific reference is made to the clauses
classifying positions and providing for the rates of pay.



1.13    PARTIAL EXEMPTION

For the purposes of this Agreement weekly engaged Employees who are in receipt of a
salary that exceeds $40,000 per annum for Full Time employees, and a pro rata equivalent
for Part Time Employees, shall be exempt from Part 4 of this Agreement provided that all
other parts apply.


                 PART 2 - TERMS AND CONDITIONS OF EMPLOYMENT


2.1     ENGAGEMENT

2.1.1   Employees may be engaged on a Full Time or Part Time or Fixed Term/Task basis
        provided that the nature of the employment contract is specified at the time of
        engagement as contained in the Letter of Offer of Employment.

2.1.2   In relation to engagement, the Employer shall provide in writing to the Employee, the
        following:-

        (a)    a date of commencement;
        (b)    a position description;
        (c)    the status of the position, whether it is Full Time or Part Time or Fixed Term /
               Fixed Task;
        (d)    the All Inclusive Daily rate of pay;
        (e)    access to a copy of this Agreement;
        (f)    any other terms and conditions of employment relevant to the position; and
        (g)    the terms of the Qualifying period in accordance with the Workplace Relations
               Act 1996.


2.2     QUALIFYING PERIOD

All new Employees (excepting Casual Employees) shall be subject to a probationary period
of up to six (6) months, in accordance with the provisions of the Workplace Relations Act
1996, during which time termination of employment may be effected by either party giving
one (1) days notice or payment/forfeiture in lieu. Provided that the requirement for one (1)
days notice or payment/forfeiture in lieu shall not apply in the case of summary dismissal for
misconduct.


2.3     DISPUTE RESOLUTION PROCEDURE

2.3.1   The Parties agree to undertake all necessary steps to ensure that any grievance,
        dispute or matter likely to create a dispute will be dealt with promptly and resolved
        wherever possible by consultation, mediation or conciliation. In the case of a
        grievance and/or a dispute the Parties agree to implement and adhere to the
        following procedure:-



Date: November 2007                      Page 6 of 29.        Employee Collective Agreement
2.3.2   At all stages of the dispute resolution process the Employee shall have the right to
        have a person of his/her choice, in attendance as either the Employee’s
        representative or as a witness/support person or in attendance in the capacity as both
        a representative and witness/support person.

2.3.3   Resolving dispute at workplace level

        The parties to a dispute must genuinely attempt to resolve the dispute at the
        workplace level. Note: This may involve an affected employee first discussing the
        matter in dispute with his or her supervisor, then with more senior management.

2.3.4   Where dispute cannot be resolved at workplace level

        (a)    Alternative dispute resolution process using an agreed provider:

               (1)    If a matter in dispute cannot be resolved at the workplace level, a party
                      to the dispute may elect to use an alternative dispute resolution
                      process in an attempt to resolve the matter.
               (2)    The alternative dispute resolution process is to be conducted by a
                      person agreed between the parties in dispute on the matter.

        (b)    Where parties cannot agree on a provider

               (3)    If the parties cannot reach agreement on who is to conduct the
                      alternative dispute resolution process, a party to the dispute on the
                      matter may notify the Industrial Registrar of that fact.
               (4)    On receiving notification under subsection (3), the Industrial Registrar
                      must provide the parties with the prescribed information.
               (5)    If the parties cannot agree on who is to conduct the alternative dispute
                      resolution process within the consideration period, a party to the
                      dispute on the matter may apply to the Commission to have the
                      alternative dispute resolution process conducted by the Commission.
               (6)    If an alternative dispute resolution process is used to resolve a dispute
                      on a matter, the parties to the dispute must genuinely attempt to
                      resolve the dispute using that process.
               (7)    In this clause 2.3:
                      consideration period is a period beginning on the last day on which
                      the Industrial Registrar gives the prescribed information to a party to
                      the dispute on the matter and ending 14 days later;
                      commission means the Australian Industrial Relations Commission.

2.3.5   Where dispute cannot be resolved through alternative dispute resolution
        processes

               (1)    If a dispute in relation to a matter arising under this agreement is
                      unable to be resolved at the workplace and/or alternative dispute
                      resolution process, and all agreed steps for resolving the dispute have
                      been taken, the dispute may be referred to the Australian Industrial
                      Relations Commission (AIRC) for resolution by further mediation
                      and/or conciliation and, if the dispute remains unresolved, then by
                      arbitration. If arbitration is necessary, the AIRC may exercise its
                      procedural powers in relation to hearings, witnesses, evidence and
                      submissions which are necessary to make the arbitration effective.

               (2)    The decision of the member will bind the parties, subject to either party
                      exercising a right of appeal against the decision to a Full Bench.
Date: November 2007                   Page 7 of 29.           Employee Collective Agreement
2.3.6   Conduct during dispute

               (1)     An employee who is a party to a dispute must, while the dispute is
                       being resolved:
                       (a)     continue to work in accordance with his or her contract of
                               employment, unless the employee has a reasonable concern
                               about an imminent risk to his or her health or safety; and
                       (b)     comply with any reasonable direction given by his or her
                               employer to perform other available work, either at the same
                               workplace or at another workplace.

               (2)     In directing an employee to perform other available work, an employer
                       must have regard to:
                       (a)     the provisions (if any) of the law of the Commonwealth or of a
                               State or Territory dealing with occupational health and safety
                               that apply to that employee or that other work; and
                       (b)     whether that work is appropriate for the employee to perform.


2.4     PROVISIONS ABOUT DISCRIMINATION, HARASSMENT AND BULLYING

2.4.1   The employer has a policy against discrimination on the basis of gender, race,
        political or religious beliefs, industrial organisation activities or any handicaps which
        do not otherwise prevent an employee from safety and efficiently performing the job.
        The employer expects all management and employees to understand that no form of
        harassment or bullying will be tolerating and that all staff and employees are
        expected to treat one another and all guests / clients with decency and respect at all
        times. Any employee who believes that they are being discriminated against ,
        harassed or bullied should raise their concerns with their manager or the employer
        immediately.

2.4.2   The Parties agree that the effect of this Agreement is not to allow any conduct or
        treatment, either direct or indirect that would-

        (a)    contravene the Anti-Discrimination Act 1991; or
        (b)    contravene the Workplace Health and Safety Act 1995; or
        (c)    breach the Prevention of Workplace Harassment Advisory Standard 2004.


2.5     DISCIPLINE PROCEDURE

2.5.1   To ensure that there are no misunderstandings when discipline is to be administered
        the Parties shall adhere to the following procedure (which respects the principles of
        natural justice) in each instance of discipline.

2.5.2   Employees who exhibit unsatisfactory performance or behaviour shall be counselled
        to ensure that they understand the standards expected of them and may be offered
        assistance or training or guidance as deemed reasonably necessary in achieving
        those standards. The Employee shall be given notice either verbally or in writing of
        any disciplinary issue including unsatisfactory performance or behaviour with
        appropriate opportunity to respond to any allegations before any action is taken. At
        all stages of the disciplinary process the Employee shall have the right to have a
        person of his/her choice, present as a witness/support person.

2.5.3   The Disciplinary Procedure in Reefcam Pty Ltd shall be the following:-
Date: November 2007                     Page 8 of 29.          Employee Collective Agreement
        (a)    Reprimand (Verbal Counselling)
               The Employee shall be told as soon as possible of any unsatisfactory
               performance or behaviour. The relevant supervisor will be designated to
               discuss the issue with the Employee and if required, will outline how the
               Employee may meet the standard required. Any reasonable assistance
               required by the employee to meet the standard will be identified and provided
               where possible by the Employer. The Employee will be given the opportunity
               to respond to any allegations and have a representative present. A review
               date may be set.

        (b)    Formal Warning (Written)
               Should the issue continue or occur again after the verbal reprimand, the
               issue/s will then be discussed at a special meeting with Management. The
               Employee will be given notice to attend the special meeting and will have the
               right to respond to the allegations. The Employee will be given a formal
               warning in writing detailing the allegation of unsatisfactory performance or
               behaviour and the action required to meet the required standard. The
               employee may request the presence of a support person or representative.

               The aim of the meeting will be to resolve the issue/s and if required to identify
               the steps that need to be taken to improve to meet the standard. A review
               date may be set.

        (c)    Final Warning (Written)
               Should the discipline matter be deemed as serious by the Employer, sub-
               clauses 2.5.3(a) and 2.5.3(b) may be skipped and move directly to a Final
               Warning. A final warning will be issued if the Employee has not taken action
               to meet the standard of performance or behaviour required. Management
               shall fully investigate the issue/s and in respect of any hearing the Employee
               will be given the opportunity to put his/her case forward in defence. A review
               date may be set.

               Once an Employee has received the appropriate warnings and has still not
               demonstrated an ability to correct the unsatisfactory performance or behaviour
               or does not demonstrate a willingness to improve, the Employee shall be
               requested to “show cause”, as to why the Employee’s employment should not
               be terminated. Management shall make a decision based on the evidence
               and shall either formally discipline the Employee or terminate the employment
               of the Employee in accordance with this Agreement.

        (d)    Serious Misconduct (Immediate Dismissal)
               Nothing in this procedure shall limit the right of Reefcam Pty Ltd to summarily
               dismiss an employee for misconduct.

2.5.4    It is not intended in this procedure that the Employer may only terminate an
         Employee for three instances of the same disciplinary matter. Termination may
         occur for three separate (or less depending on the gravity of the situation), instances
         of any disciplinary matter where the Employee has indicated a lack of intention to
         adhere to the policies and procedures of the Employer and has failed to meet the
         requirements of the Employer after appropriate warning and/or counselling has
         taken place.




Date: November 2007                    Page 9 of 29.           Employee Collective Agreement
2.6     TERMINATION OF EMPLOYMENT

2.6.1   Notice of termination of employment by either the Employer or the Employee shall be
        in accordance with the Workplace Relations Act 1996 and Clause 2.6 of this
        Agreement.

2.6.2   The Employer shall, in the event of termination of employment, provide upon request,
        to the Employee who has been terminated, a written statement specifying the period
        of employment and the classification or type of work performed by the Employee.

2.6.3   Termination of Employment by the Employer:-

        (a)    In order to terminate the employment of an Employee (other than a casual),
               the Employer shall give the following notice:-

               Period of Continuous Service                                Period of Notice

               Qualifying Employee or 1 year or less                             1 week

               1 year and up to the completion of 3 years                        2 weeks

               3 years and up to the completion of 5 years                       3 weeks

               5 years and over                                                  4 weeks

        (b)    In addition to the notice in (a) above, employees over 45 years of age at the
               time of giving notice and with not less than two years continuous service, shall
               be entitled to an additional one (1) weeks notice.

        (c)    Payment in lieu of notice shall be made if the appropriate notice is not given.
               Provided that the employment may be terminated by part of the period of
               notice specified and part payment in lieu thereof.

        (d)    In calculating any payment in lieu of notice the minimum compensation
               payable to an employee will be at least the total of the amounts the employer
               would have been liable to pay the employee if the employee’s employment
               had continued until the end of the required notice period. The total must be
               worked out on the basis of:
               (i)    the ordinary working hours to be worked by the employee; and
               (ii)   the amounts payable to the employee for the hours including for
                      example allowances, loadings and penalties.
        (e)    The period of notice in these clauses (a) to (d) shall not apply in the case of
               dismissal for misconduct or other grounds that justify instant dismissal or in
               the case of an employee engaged by the hour or day, or an employee
               engaged for a specific period or tasks.

        (f)    Casual Employees: Whist Casual employees can be terminated with one
               hours notice (except in the case of misconduct), the employer will endeavour
               to give casual employees as much notice as reasonable possible. Casual
               Employees will always be paid (except in the case of serious misconduct) for
               the duration of any diving excursion until the vessel is docked at the home
               port.




Date: November 2007                   Page 10 of 29.          Employee Collective Agreement
2.6.4   Misconduct
        (a)    In instances of serious misconduct the Employer may terminate the Employee
               through summary dismissal provisions in accordance with the Workplace
               Relations Act 1996. Serious Misconduct includes, but is not limited to:-
                      Stealing, fraud, assault, violence or other criminal behaviour;
                      Sexual harassment, workplace bullying or any other forms of
                       harassment;
                      the Employee being intoxicated at work or under the influence of
                       drugs;
                      Not carrying out health and safety obligations – any breach
                       whatsoever of the Workplace Health and Safety dive standards or any
                       breach of dive code of conduct and operational requirements;
                      Wilful damage to Employers property or property of other Employees;
                      Conduct by the Employee that causes imminent and serious risk to
                       (i)    a person’s health or safety; or
                       (ii)   the reputation, viability or profitability of the Employer’s
                              business;
                      Wilful or deliberate behaviour by the Employees that is inconsistent
                       with the continuation of the employment contact;
                      The Employee refusing to carry out a lawful and reasonable instruction
                       that is consistent with the employment contract.

        (b)    In accordance with the above, all Employees employed in the diving industry
               are required to be alcohol and drug free. This means in relation to alcohol,
               Employees during their employment are to have a Blood Alcohol Content of
               zero and in relation to drugs, Employees are to immediately inform the
               Employer when they are taking prescribed drugs. They should also obtain
               advise from the prescribing doctor whether such mediation is likely to impair
               their facilities to the extend that it could adversely affect their work
               performance not only from the safety perspective to themselves, but also to
               their fellow employees and the vessels passengers. Employees who are
               affected by non prescribed drugs or who possess non prescribed drugs whilst
               at work shall be immediately dismissed.

2.6.5   Termination of Employment by the Employee:-

(a)     the notice of termination required to be given by an Employee shall be the same as
        that required of the Employer [refer clause 2.6.3 (a)], save and except that there shall
        be no additional notice based on the age of the Employee concerned.

        If an Employee fails to give notice the Employer shall have the right to withhold
        monies due to the Employee with the maximum amount equal to the relevant time
        rate for the period of notice.




Date: November 2007                    Page 11 of 29.          Employee Collective Agreement
2.7     REDUNDANCY

Redundancy shall be carried out in accordance with this Agreement. As described:-

2.7.1   Consultation Before Terminations

        (a)   Where 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, and that decision may lead to
              termination of Employment, the Employer shall consult the Employee directly
              affected and where relevant, their representative(s).

        (b)   The consultation shall take place as soon as it is practicable after the
              Employer has made a decision, which will invoke the provisions of subclause
              2.7.1(a) of the "Consultation before Termination" clause and shall cover the
              reasons for the proposed terminations, measures to avoid or minimise the
              terminations and/or their adverse affects on the Employees concerned.

        (c)   For the purpose of the consultation the Employer shall, as soon as
              practicable, provide in writing to the Employees concerned and, where
              relevant, their representatives, all relevant information about the proposed
              terminations including the reasons for the proposed terminations, the number
              and categories of Employees likely to be affected, the number of workers
              normally Employed and the period over which the terminations are likely to be
              carried out:

              Provided that any Employer shall not be required to disclose confidential
              information, the disclosure of which would be adverse to the Employer's
              interests.

2.7.2   Transfer to Lower Paid Duties

        (a)   Where an Employee is transferred to lower paid duties for reasons set out in
              the "Consultation Before Terminations" clause the Employee shall be entitled
              to the same period of notice of transfer as the Employee would have been
              entitled to if the Employee's Employment had been terminated under clause
              2.6.

        (b)   The Employer may, at the Employer’s option, make payment in lieu thereof of
              an amount equal to the difference between the former amounts the Employer
              would have been liable to pay and the new lower amount the Employer is
              liable to pay the Employee for the number of weeks of notice still owing.

        (c)   The amounts must be worked out on the basis of:

              (i)     the ordinary working hours to be worked by the Employee; and
              (ii)    the amounts payable to the Employee for the hours including for
                      example, allowances, loadings and penalties; and
              (iii)   any other amounts payable under the Employee's Employment
                      contract.

2.7.3   Transmission of Business

        (a)   Where a business is, whether before or after the date of insertion of this
              clause in the Award. Transmitted from an Employer (transmitter) to another
              Employer (transmittee), and an Employee who at the time of such
              transmission was an Employee of the transmittor of the business, becomes an
              Employee of the transmittee:
Date: November 2007                 Page 12 of 29.         Employee Collective Agreement
               (i)    the continuity of the Employment of the Employee shall be deemed not
                      to have been broken by reason of such transmission; and
               (ii)   the period of Employment which the Employee has had with the
                      transmittor or any prior transmitter shall be deemed to be service of the
                      Employee with the transmittee.

        (b)    In the "Transmission of Business" clause, "business" includes trade, process,
               business or occupation and includes a part or subsidiary (which means a
               corporation that would be taken to be a subsidiary under the Corporations
               Law, whether or not the Corporations Law applies in the particular case) of
               any such business and "transmission" includes transfer, conveyance,
               assignment or succession whether by agreement or by operation of law and
               "transmitted" has a corresponding meaning.

2.7.4   Time Off During Notice Period

        (a)    Where a decision has been made to terminate an Employee in the
               circumstances outlined in subclause 2.7.1(a) of the "Consultation Before
               Terminations" clause, the Employee shall 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.

        (b)    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
               shall, at the request of the Employer, be required to produce proof of
               attendance at an interview or the Employee shall not receive payment for the
               time absent. For this purpose a statutory declaration will be sufficient.

2.7.5   Notice to Centrelink

        (a)    Where a decision has been made to terminate Employees in the
               circumstances outlined in the "Consultation Before Terminations" clause, the
               Employer shall notify Centrelink as soon as possible giving all relevant
               information about the proposed terminations, including a written statement of
               the reasons for the terminations, the number and categories of the Employees
               likely to be affected, the number of workers normally Employed and the period
               over which the terminations are intended to be carried out.


2.8     ABANDONMENT OF EMPLOYMENT

        (a)    Where the Employee fails to attend work and the Employee does not notify
               the Employer of the non-attendance, the Employer shall make at least two (2)
               attempts to locate the Employee to establish the Employee’s whereabouts or
               employment intentions. Each attempt made by the Employer to contact the
               Employee shall be documented and such attempts shall be made within a
               period of one (1) week.

        (b)    Where the Employer has not located the Employee after a period of one (1)
               week and where the Employee has not notified the Employer, the Employee
               shall be deemed to have abandoned his/her employment and any monies
               owing shall be forwarded to the last known address of the Employee.




Date: November 2007                  Page 13 of 29.           Employee Collective Agreement
2.9     STANDING DOWN EMPLOYEES

2.9.1   The Employer may stand down any Employee without pay on any day, or for part of
        any day, on which the Employee cannot be usefully employed because of:-
        (a)    any strike; or
        (b)    any breakdown of machinery; or
        (c)    any stoppage of work for any cause for which the Employer cannot reasonably
               be held responsible.

2.9.2   A cause, as stated in 2.9.1(c) may be, in the reasonable opinion of the Employer, the
        weather conditions which are deemed to make it unsafe for the Employee to
        commence or continue work on that day.

2.9.3   The Employer will endeavor, instead of a stand down, to reassign the Employee to
        other jobs or job sites to perform other work as directed by the Employer if any other
        useful work is reasonably possible.

2.9.4   Where it is not reasonably possible for the Employer to reassign the Employee to
        other useful work, the Employee will leave the job. Weekly engaged Employees may
        avail themselves of an annual leave day and Casual Employees will not be paid.

2.9.5   A stand down does not break the continuity of employment of the Employee for the
        purpose of Long Service Leave.




2.10    TRAINING AND EDUCATION

2.10.1 The parties will co-operate in ensuring that appropriate training and cross skilling is
       available and that such training if required by the Employer, as initiated by the
       Employer will be provided at the expense of the Employer. The Employer also
       agrees to co-operate in encouraging Employees to avail themselves of the benefits of
       such training.

2.10.2 Accordingly, the parties commit themselves to:

        (a)    developing a more highly skilled and flexible workforce;

        (b)    creating environments where Employees may pursue career opportunities
               through appropriate training or to acquire additional skills; and

        (c)    removing barriers to the utilisation of skills acquired.

2.10.3 The parties will develop appropriate training programs to facilitate skill enhancement
       based on the following procedures:

        (a)    Training shall comply with the criteria and guidelines established by the
               Employer;

        (b)    All Employees shall have access to training provided that the training is
               relevant to the Employee’s position or career path as determined by the
               Employer and that the training is conducted during the months February to
               June and October and November, which is generally not the peak season.




Date: November 2007                    Page 14 of 29.            Employee Collective Agreement
       (c)    The Employee shall not suffer any loss of ordinary pay if training is undertaken
              on the job provided it is during the ordinary hours of work of the Employee;
              and

       (d)    Where the training is required out of hours, the Employer shall pay the
              provider training cost and the Employee shall attend in the Employees’ time at
              no additional cost to the Employer


2.11   SELECTION PROCESS – FAMILIARS AND PREREQUISITE QUALS


2.11.1 As part of the Selection and Recruitment process, prospective Employees will be
       offered a Familiarisation Cruise to enable the prospective Employee to see the
       Reefcam Pty Ltd operation and to better understand the Job Description of the
       position considered. In such a case the Employee shall be considered as a free of
       charge passenger.

2.11.2 Excepting mandatory qualifications, where the future incumbent of a position requires
       certificates or authorisations or licences or tickets as a prerequisite, then the new
       Employee, at the Employee’s cost, shall obtain the certificate or authorisation or
       licence or ticket within the probation period. Continuing employment shall depend on
       the attainment of the prerequisite qualification/s, updated as required by Workplace
       Health and Safety legislation, affiliation or MSQ.


2.12   UNIFORMS

2.12.1 Where the Employer requires the Employee to wear a Company Uniform the
       provision of the Uniform/s shall be in accordance with the Employers Uniform Policy
       as amended from time to time.

2.12.2 Employees agree to maintain the Uniform/s at the Employee’s cost to the standard as
       required by the Employer as per Uniform Policy as amended from time to time

2.12.3 In all cases of termination of employment, or when the Employee is not rostered for
       more than one month, the Employee shall return the uniform to the Employer. Where
       the uniform is not returned to the Employer, the Employees agree that the Employer
       may deduct an amount equivalent to the residual value of the used uniform/s (if any)
       not returned from the Employee’s final pay.


2.13   ON BOARD VESSEL MEALS, ECT

Employees who are required to work on the vessel at sea shall be provided with reasonable
meals (and normal non-alcoholic beverages, such as tea, coffee, water at any time whether
working or leisure) at no cost to the Employees and for those Employees required to remain
on board overnight shall be provided with reasonable accommodation at no cost to the
Employees. Any retail drinks (including alcoholic drinks where appropriate and permissible)
and snacks purchased by the employee from the retail canteen during their leisure hours will
be recorded and charged to the employee at the wholesale cost prices to the company. This
will enable the company to monitor the employees consumption of alcoholic beverages
during leisure hours on board as part of its common law duty of care and safety
considerations for all concerned. No Employee is permitted to bring their own alcohol on
board ( See Drugs and Alcohol Policy). Employees agree that any such retail canteen snacks
or beverages purchased by the employee may be deducted from the employees pays.



Date: November 2007                  Page 15 of 29.          Employee Collective Agreement
2.14   TIME AND WAGES RECORDS

The Employer will keep and have available a complete record of all Employees’ hours of
work, annual leave, personal leave, long service leave and other entitlements in accordance
with the provisions of the Workplace Relations Act 1996. Such record will be open to
inspection to Employees as the records pertain to the Employee and authorised Officer/s in
accordance with the provisions of the Workplace Relations Act 1996.


2.15   PAYMENT OF WAGES

2.15.1 The payment of wages shall be by electronic funds transfer to a Bank account or a
       Credit Union Account as nominated by the Employee or in exceptional
       circumstances, by cheque.
2.15.2 Upon termination of employment, wages due to an employee shall be paid to the
       Employee on the day of such termination or forwarded to the employee by electronic
       funds transfer within three working days, or as mutually agreed by the Employer and
       Employee provided that the Employee has returned all property belonging to the
       Employer, such as uniform, ID Card, keys, manuals etc..


2.16   JOB ROTATION AND MULTISKILLING

2.16.1 In recognition of the operational and efficiency requirements of the Employer and to
       create more varied and interesting work, it is a condition of employment that staff
       perform duties and functions for which they have the skills and training to perform.
       As the training of employees increases, additional tasks and functions may be
       required to be performed subject to the operational needs of the enterprise at all
       times.
2.16.2 Where Employees request to perform work in a lower grade they will be paid at the
       rate appropriate for the hours worked at that lower grade.
2.16.3 Should the Employer offer the opportunity to be cross-trained in higher grade duties
       then the Employee shall be paid the existing grade (lower) rate until the Employee is
       deemed competent to perform at the higher grade.


2.17   SPECIFIED EXCLUSION OF PROTECTED AWARD CONDITIONS

2.17.1 For the avoidance of doubt, the following “protected award conditions” are specifically
       excluded:

       (a)    meal breaks and rest breaks (except as provided for in clause 4.4 of this
              Agreement);
       (b)    incentive based payments and bonuses;
       (c)    shift work loadings;
       (d)    public holidays and payment for public holidays (except as provided for in
              clause 4.6 of this Agreement);
       (e)    days to be substituted for Public Holidays or a procedure for such substitution
       (f)    monetary allowances, as contained within the Awards (NAPSA’s) as referred
              to in clause 1.6 of this Agreement;
       (g)    overtime;

Date: November 2007                   Page 16 of 29.         Employee Collective Agreement
        (h)     penalty rates;
        (i)     district allowance (Northern Division, Eastern District - $1.05);
        (j)     outworker conditions.
        (k)     leave loading




2.18    COMMISSIONS FOR DESIGNATED POSITIONS

2.18.1 The Employer at its discretion may nominate specific position/s as being entitled to a
       Commission payment/s based on sales by the incumbent of the nominated position.

2.18.2 The Employer at its discretion may determine the rate of Commission to be paid.

2.18.3 Commissions paid shall be part of the nominated Employee’s remuneration package.


              PART 3 – DEFINITIONS, CLASSIFICATIONS AND REMUNERATION


3.1     DEFINITIONS

3.1.1   “Base Rate” means the Ordinary Time Federal Minimum Wage (as determined by
        the Australian Fair Pay Commission) or the Australian Pay and Classifications Scales
        (APCS) where applicable, that does not include overtime, commissions, leave loading
        or any other extraneous payments of a similar nature.
3.1.2   “Full Time Employee” means a person engaged on a weekly basis on the
        conditions set out in this Agreement, and who will work no less than an average of
        thirty-eight (38) ordinary hours per week, over a period of 52 weeks per year (a
        guarantee of 1976 paid hours per year) whilst employed, plus reasonable additional
        hours.
3.1.3   “Part Time Employee” means a person engaged on a weekly basis on the
        conditions set out in this Agreement, and who will work less than an average of thirty-
        eight (38) ordinary hours per week, over a period of 52 weeks per year whilst
        employed, plus reasonable additional hours.
3.1.4   ‘Casual Employee” means a person engaged on the conditions set out in this
        Agreement and who will be engaged by the hour on an ad-hoc as required basis, or
        on a regular and systematic basis as required by operational requirements.
3.1.5   “All Inclusive Vessel Daily rate” and/or “All Inclusive On-shore Hourly Rate”
        (which ever is applicable) means the recognition of and compensation for the
        following relevant Award (NAPSA) provisions, such as:-
                      ordinary rate of pay;
                      overtime penalties (Award provisions in excess of 38 hours or 40 hours
                       per week);
                      weekend penalties (Saturdays and Sundays);
                      public holiday penalties (all public holidays that are gazetted);
                      meal allowances;
                      miscellaneous allowances, such as; Clerical Employees Award – State
                       2002 clauses 5.7, 6.5, 6.7; Masters, Mates and Engineers’ Award,
                       Motor Vessels 2500 B.H.P./1866 kW.B.P. and Under, clause 5.3. 8.1,
                       10.1, 10.2, 10.3, 10.4; North Queensland Boating Operators
                       Employees Award – State 2003 clauses 5.3, 6.5.2, 10.1, 10.2, 10.3,
                       10.4; Recreational Diving Industry Award 2001 clauses 20; Retail
Date: November 2007                     Page 17 of 29.           Employee Collective Agreement
                      Industry Award – State 2004 clauses 5.2.4, 5.2.6, 5.3, 6.1.4, 7.6.4,
                      10.2.1;
                     shift work (as defined in the Clerical Employees Award – State 2002
                      clause 6.8)
                     leave loading; and
                     any other penalty rates
        as prescribed under the applicable NAPSA. No additional payments shall be made in
        recognition of the aforementioned provisions except where otherwise provided for, or
        compensated for, in this agreement.

3.1.6   “Employee Additional Hours” means those reasonable additional hours, hours in
        excess of an average of thirty-eight (38) ordinary hours per week, as voluntarily
        applied for by the Employee to be worked as sought by the Employee and subject to
        approval by the Employer to meet reasonable operational requirements.

3.1.7   “Voluntary Activities” means those activities undertaken by a person who is not an
        employee of Reefcam Pty Ltd. Persons may elect to undertake experience in any
        facet of Reefcam Pty Ltd operation in the form of voluntary activities to gain
        experience to enhance the ADI qualification or for their own personal qualifications /
        experience. Such dive students or enthusiasts who undertake voluntary activities
        may do so within the meaning of vocational training and whom shall not be
        considered to be Employees.

3.1.8   “Leisure Time Activities” means those activities undertaken by a person who is an
        employee of Reefcam Pty Ltd who, for all intents and purposes, is living on the vessel
        during overnight excursions. Employees may elect to undertake experience in any
        facet of Reefcam Pty Ltd operation in the form of leisure activities both for personal
        enjoyment / adventure and to gain additional skills to enhance their own personal and
        professional development, subject to the Vessel Masters approval. Dive students/
        enthusiasts who undertake such voluntary activities may do so within the meaning of
        vocational training or legitimate recreational pursuits and shall not be considered to
        be Employees during such activities.

3.1.9   “Special Cruises (Charters)” means any work for a Company vessel outside of the
        day roster, shall be known as a Special Cruise (Charter). A Special Cruise (Charter)
        may be a night dive arrangement or a private function aboard the vessel or pontoon
        or such. Special Cruises (Charters) are not rostered and Employees may volunteer
        to work such Special Cruises (Charters) to gain additional hours and pay. An
        Employee who volunteers to undertake a Special Cruise (Charter) shall not be
        required to attend for duty the next day, unless the Employee chooses to do so.
        (Note; at present such special charters do not occur but they cannot be discounted as
        a future possibility / opportunity).

3.1.10 Dive Medical Certificate means medical certificate issued by a suitably qualified
       medical practitioner who medically assesses a person’s state of health in relation to
       underwater diving. All Employees who undertake diving duties are required to hold a
       current Medical Certificate which is to be renewed each twelve (12) months.

3.1.11 “Position Classifications” means Position Classification is the recognition of the
       level of responsibility in a position which is undertaken by an Employee. Employees
       are remunerated in accordance with the Position Classification.             Position
       Classifications and Position Descriptions are contained in the Reefcam Pty Ltd
       Operations Manual.




Date: November 2007                   Page 18 of 29.          Employee Collective Agreement
3.2     CLASSIFICATIONS

3.2.1   Definitions of Classes of Work

        (a)         An Employee will be appointed to one of the following classifications and this
                    will determine the pay rate applicable to the work performed.

        (b)         The Letter of Offer of Employment shall state the Employee’s classification in
                    terms of a position – eg “Reefcam Pty Ltd Dive Instructor”.

3.2.2   The Classifications are as follows:

Taka Vessel and On Shore Classification Levels

GRADE 1 EMPLOYEE

(a)     An employee classified and appointed at this Grade has the appropriate level of
        training to perform duties essentially of a routine nature. The employee of this grade
        generally works to detailed direction and procedures, and is expected to work under
        frequent supervision. Such tasks outlined in the position descriptions assigned to this
        Grade:-

         (i)    An employee at this level:
                     minimum industry experience
                     minimum understanding of the operations of the business
                     demonstrate knowledge by recall in a narrow range of areas
                     demonstrate basic practical skills
                     perform a sequence of routine tasks, given clear directions
                     receive and pass on messages/information

         (ii)   Examples of employees engaged at this level include, but are not limited to:
                Vessel Classifications
                     Deck Hand
                     Cabin Attendant
                     Cook
                     Hostess
                     Dive Master

                Onshore Classifications
                 Administration Assistant
                 Retail Assistant



GRADE 2 EMPLOYEE

(a)     An employee classified and appointed at this Grade works under limited supervision
        and will have completed relevant structured training or hold relevant on-the-job
        industry experience equivalent to the required competency standards of their role.

         (i)    Grade Descriptors
                     minimum 12 months industry experience
                     basic understanding of the operations of the business
                     demonstrate basic operational knowledge in a moderate range of areas
                     apply a defined range of skills
                     apply known solutions to a limited range of predictable problems
Date: November 2007                        Page 19 of 29.          Employee Collective Agreement
                  assumes responsibility for allocating tasks wihin the area of the employees
                   skills competence and training
                  is able to sequence functions relevant to the employees work area
                  take limited responsibility for own outputs in work and learning
                  assist with the provision of on the job training

       (ii)       Examples of employees engaged at this level include, but are not limited to:
              Vessel Classifications
               Chef
               Mate
               Dive Instructor
               Trip Director
              Onshore Classifications

                  Administration Assistant
                  Retail Assistant


GRADE 3 EMPLOYEE

(a)    An employee at this level will have can work individually or in a team environment
       and would have successfully completed relevant structured training and hold
       extensive on the job experience equivalent to the required competency standards of
       their role.

       (i)    Grade Descriptors
                  minimum 3 years industry experience
                  exercises good interpersonal and communication skills
                  broad understanding of the operations of the business
                  apply a range of well-developed skills higher than a Grade 2 Employee
                  apply known solutions to a variety of predictable problems
                  perform processes that require a range of well-developed skills where some
                   discretion and judgment are required
                  interpret available information, using discretion and judgment
                  take responsibility for own outputs in work and learning
                  take limited responsibility for the output of others and assist with the
                   provision of on the job training

       (ii)   Examples of employees engaged at this level include, but are not limited to:
                  Mate
                  Trainee Skipper
                  Engineer



GRADE 4 EMPLOYEE

(a)    An employee classified and appointed at this Grade will have successfully completed
       the relevant structure training in addition to the requirements of Employee Level 3.
       An employee at this level performance work to the extent of their wide skills
       competence and training.

       (i)    Grade Descriptors
             minimum 5 years industry experience
             demonstrated detailed understanding of operations of the business
             apply solutions to a defined range of unpredictable problems
Date: November 2007                 Page 20 of 29.         Employee Collective Agreement
                   apply a range of well-developed skills higher than a Grade 3 Employee
                  identify and apply skill and knowledge areas to a wide variety of contexts,
                   with depth in some areas
                  identify, analyze and evaluate information from a variety of sources
                  take responsibility for own outputs in relation to specific quality standards
                  take responsibility for the quantity and quality of the output of others and
                   assist with the provision of on the job training

        (ii)   Examples of employees engaged at this level include, but are not limited to:
                  Skipper

GRADE 5 EMPLOYEE
(a)     An employee classified and appointed at this Grade will have worked or studied in a
        relevant field, and/or have achieved a standard of relevant specialist knowledge and
        experience sufficient to enable them to independently advise on a range of activities
        and features and contribute, as required to the determination of objectives within the
        relevant field(s) of their expertise. A Grade 4 employee would be able to train and
        supervise employees in lower levels by means of personal instruction and
        demonstrations. They often exercise initiative, discretion and judgment in the
        performance of their duties.


        (i)    Grade Descriptors
                  minimum 7 years industry experience
                  demonstrated detailed understanding of operations of the business
                  exercises skills attained through satisfactory completion of the training
                   prescribed for this classification
                  exercises discretion within the scope of this level
                  provides professional guidance and assistance as part of a work team
                  designs and provides training


        (ii)   Examples of employees engaged at this level include, but are not limited to:
                  Operations Manager
                  Master
                  Financial Controller
                  General Manager
                  Director


3.3     TRAINEESHIPS

3.3.1   Notwithstanding anything elsewhere contained in this Agreement, the employer may
        employ trainees and pay shall be based on no less than the Training Wage Award
        State (QLD).


3.4     REMUNERATION

3.4.1   Base Hourly Rate
      The Base Hourly rate guarantees the Federal Minimum Wage or the Australian Pay and
      Classification Scales as applies to Full and Part Time Employees.




Date: November 2007                       Page 21 of 29.         Employee Collective Agreement
3.4.2    All Inclusive Daily and Hourly Rates
         (a)    Employees shall be paid no less than the All Inclusive rates as stated the
                following table:-


Taka Vessel Classification Levels

        Level                 Full / Part Time                  Casual
                        (All Inclusive Daily Rate)    (All Inclusive Daily Rate)
 TVCL 1                           $112.00                       $135.00
 TVCL 2                           $120.00                       $144.00
 TVCL 3                           $140.00                       $168.00
 TVCL 4                           $165.00                       $198.00


Taka Onshore Classification Levels

        Level                 Full / Part Time                  Casual
                        (All inclusive hourly rate)   (All Inclusive Daily Rate)
 TOCL 1                            $16.50                       $19.80
 TOCL 2                            $18.50                       $22.20


Managers Classification Levels

 TMCL 5                 Managers shall be paid a salary in accordance with clause
                                         1.13 of this agreement


         (b) For the purposes of this Agreement and for positions where Commission is paid,
             gross wages shall be the sum of the All Inclusive Daily rate plus Commissions.

         (c) The Letter of Offer of Employment shall state the Employee’s All Inclusive Daily
             rate to compensate for all hours worked.

         (d) No existing employee shall suffer any reduction in earnings as a result of this
             agreement.


3.4.3    Taka Dive Adventures Separate Engagement

         (a)    Employees may be engaged for duties as a separate engagement of the
                Company, subject to the following:-

                (i)        the work required to be performed in the separate engagement is not
                           the normal engagement;
                (ii)       the specific engagement is to meet a specific purpose;
                (iii)      the separate engagement enables the employee to attain additional
                           remuneration and/or skills and, to this end, where the employee does
                           not possess the necessary skills, training must be provided;
                (iv)       the separate engagement must be at the instigation of the Employee
                           and be subject to mutual agreement between the Employer and the
                           Employee concerned

         (b)    The all inclusive rate for a separate engagement shall be the hourly rates or
                daily rates (or pro-rata equivalent) as specified in 3.4.2.

Date: November 2007                       Page 22 of 29.         Employee Collective Agreement
3.5     COMMISSION PAYMENTS

3.5.1   The rate or percentage of Commission paid shall be determined by the Employer and
        may be amended by the Employer.

3.5.2   The date of effect for a Commission increase shall be the date of the announcement
        and the date of effect for a Commission decrease shall be no less than 30 days from
        the date of the announcement.

3.5.3   Commission/s shall attract Employer funded superannuation contributions.

3.5.4   Commissions are part of the gross earnings of the Employee.



3.6     JUNIOR RATES
3.6.1   The minimum rate of wages for Junior Employees shall be the undermentioned
        percentages of the rates prescribed for the appropriate adult classification for the
        work performed by Junior Employees:

         Junior Employees                        % of Daily Rate
         16 years of age                              55%
         17 Years of age                              65%
         18 years of age                              75%
         19 years of age                              85%

3.6.2   Junior rates shall be calculated to the nearest ten (10) cents. To determine the
        applicable percentage, the Employer may request proof of age from the employee.
        Should the Employer deem a Junior Employee competent, then that Junior Employee
        shall be paid the adult rate of pay.

3.6.3   The Letter of Offer of Employment shall state the Junior Employee’s All Inclusive rate
        to compensate for all hours worked.


3.7   SUPERANNUATION
3.7.1 All Employees are eligible for Employer funded superannuation in accordance with
      Superannuation Guarantee Charge Act 1992 and amendments.
3.7.2   All Employees may nominate a complying fund to receive their superannuation
        guarantee contributions by completing the “Choice of Superannuation Fund Standard
        Choice Form” as provided by the Employer.
3.7.3   Where after a period of 28 days an Employee has not nominated a choice of a
        complying superannuation fund the Parties agree that the default fund for the
        Employer fund shall be Sunsuper Superannuation Fund to receive the Employer
        contributions on behalf of the Employee in accordance with the Superannuation
        Guarantee Charge Act 1992.


3.8     WAGE INCREASES DURING LIFE OF AGREEMENT

3.8.1   The rates of pay as stated in Clause 3.4 shall be assessed by the Employer and
        increased where appropriate in consideration of the minimum wage as set by the
        Australian Fair Pay Commission (AFPC). Where the relevant rates in this Agreement
        are greater than the Australian Pay and Classification Scales (APCS’s) as determined

Date: November 2007                   Page 23 of 29.          Employee Collective Agreement
        by the Australian Fair pay Commission then any increases to the APCS’s may be
        absorbed.


                                PART 4 - HOURS OF WORK

4.1   HOURS OF WORK
4.1.1 Hours of work shall be an average of thirty-eight (38) ordinary hours per week,
      Monday to Sunday, averaged over a period of fifty-two (52) weeks per year.
4.1.2   Hours of work shall not exceed twelve (12) hours in a day, unless otherwise mutually
        agreed between the Employer and the Employee. Averaging of hours of work and
        work periods shall apply.
4.1.3   Reasonable additional voluntary hours may be worked at the request of the
        Employee, subject to safety regulations and the employers common law duty of care.
4.1.4   The minimum break between the finish of work on one work period (that exceeds 12
        hours on that day) and the commencement of work on the next day shall be no less
        than eight (8) hours or such lesser period as mutually agreed between the Employer
        and the Employee.
4.1.5   Part Time Employees shall accrue pro-rata entitlements to personal/carers leave,
        annual leave and long service leave based on ordinary hours worked.



4.2     EMPLOYEE VOLUNTARY ADDITIONAL HOURS

4.2.1   The Employees may request to work in excess of the nominal hours as stated in
        clause 4.1 and clause 4.2 for the purposes of earning extra income. Where
        Employees voluntarily seek to earn additional income this clause applies:-
4.2.2   Hours of work outside of, or in excess of, nominal hours as stated in clause 4.1 and
        4.2 or voluntary work on a public holiday shall be known as Employee Voluntary
        Additional Hours.
4.2.3   On a voluntary basis Employees may apply in writing to the Employer to work
        Employee Voluntary Additional Hours, provided the Employee possesses the
        required skills to fulfil the requirements of the duties.
4.2.4   The Employer may approve an application for Additional Hours provided the approval
        is in accordance with the Workplace Relations Act 1996, factors that must be taken
        into account, including but not limited to:-
        (a)    any risk the to the Employee’s health and safety;
        (b)    the Employee’s personal circumstances including family responsibilities;
        (c)    the operational requirements of the workplace enterprise;
        (d)    whether any additional hours are on a public holiday;
        (e)    the Employee’s hours of work in the four (4) weeks prior to the request; and
        (f)    the notice (if any) given by the Employer for the additional hours and/or by the
               Employee of his or her intention to refuse it.
4.2.5   Voluntary Additional Hours shall be paid at the relevant All Inclusive rate in
        accordance with the classification of the Employee.

4.3     MEAL BREAKS AND REST PAUSES

4.3.1   Employees are entitled to paid and unpaid breaks for rest pauses and meal breaks
        averaging forty-five (45) minutes per day unless as otherwise mutually agreed
        between the Employer and the Employee(s).


Date: November 2007                   Page 24 of 29.          Employee Collective Agreement
4.3.2   The meal break will be taken at a time as mutually agreed between the Employer and
        the Employee in accordance with operational requirements.

4.3.3   Employees employed on vessels shall be provided with a reasonable meal.

4.3.4   The inclusive day rate of pay compensates Employees where a meal break may be
        interrupted due to operational requirements.



4.4     PUBLIC HOLIDAYS


4.4.1   Full Time and Part Time Employees

        (a)    Should a Full Time or Part Time Employee be directed to work on a gazetted
               public holiday, the Employee shall be granted a substituted paid day off (with
               the equivalent number of ordinary time hours to those rostered and worked on
               the gazetted day) in lieu of the public holiday worked.
        (b)    A Full Time and Part Time Employee shall receive their full normal weekly
               wage (or pro rata) when a public holiday is not worked on a rostered working
               day.
        (c)    Should a public holiday fall on an Employees rostered day off then no
               additional monies shall be received.
        (d)    In consideration of sub-clause (a) above the Employee shall not receive a
               substituted day where the Employee applies to work Voluntary Additional
               Hours, on the substituted day, in accordance with clause 4.3.

4.4.2   Casual Employees

        (a)    Should a Casual Employee be directed to work on a gazetted public holiday,
               the Casual Employee shall be granted a substituted day off in lieu of the
               public holiday worked.

        (b)    Should a Casual Employee seek to earn additional income on the substitute
               day, then the Casual Employee may apply to work on a public holiday under
               the Employee Reasonable Additional Hours provisions clause 4.3, provided
               that the rate of pay shall be the relevant ordinary Full Time rate plus the 20%
               casual loading.


                                      PART 5 - LEAVE


5.1     ANNUAL LEAVE

5.1.1   All Full Time Employees covered by this Agreement will at the end of each completed
        year of continuous service be entitled to up to four (4) weeks annual leave in
        accordance with the Standard payable at the relevant Ordinary rate. Part Time
        Employees shall have a pro-rata entitlement. Any annual leave taken will be
        exclusive of any public holidays which may occur during the period of that annual
        leave.
5.1.2   Casual employees do not have an entitlement to annual leave.



Date: November 2007                   Page 25 of 29.         Employee Collective Agreement
5.1.3   Annual leave shall accrue at the rate of 11.7 hours for each four (4) weeks worked to
        a maximum of 152 hours per completed year of continuous service and will be
        payable either on the taking of the leave or on termination of employment with the
        Employer.

5.1.4   The Employer and the Employee may mutually agree to a time for the Employee to
        take any annual leave entitlements owing. If there is no mutual agreement and the
        Employee has accrued in excess of 304 hours annual leave, then the Employer can
        give the Employee 14 days notice in writing to take annual leave.

5.1.5   Reefcam Pty Ltd experiences peak customer demand between the months of
        November to January of each year, therefore Employee applications for annual leave
        between the months of November to January will not be approved unless exceptional
        circumstances prevail. If there is no mutual agreement and the Employee has
        accrued in excess of 304 hours annual leave, then the Employer can give the
        Employee 14 days notice in writing to take annual leave.

5.1.6   Employees, with the consent of the Employer, may, each year of completed service,
        ‘cash-in’ two (2) weeks of their accrued annual leave entitlement in accordance with
        the Workplace Relations Act 1996.


5.2     PERSONAL / CARERS LEAVE

5.2.1   Every Full Time Employee will become entitled up to ten (10) days of personal leave
        for each completed year of continuous service with the Employer payable at the
        relevant All Inclusive Daily rate.
5.2.2   All Part Time Employees shall have an entitlement to prorata personal leave.
5.2.3   All personal leave will accumulate on the basis of 5.8462 hours per four (4) weeks
        worked up to a maximum of 76 hours in any one year.
5.2.4   The Employee will be entitled to payment for seven point six (7.6) hours per day (or
        part thereof) for any absence from work if all of the following conditions are met.
        (a)    The Employee notifies the Employer at a reasonable time prior to the
               scheduled commencement of their shift of their absence;

        (b)    any absence exceeding one (1) day, the Employee must produce a certificate
               from a duly registered health practitioner (in relation to the area of practice) or
               a statutory declaration at the Employers approval, specifying the Employee is
               unfit for work during the period of absence because of personal illness or
               injury.; and
        (c)    the Employee has accrued the necessary personal leave entitlements.

5.2.5   Personal leave will not be payable during any period which the Employee is entitled
        to or is receiving compensation for an injury under the Workers Compensation and
        Rehabilitation Act (QLD) 2004.

5.2.6   As part of the Personal Leave entitlement (clause 5.2), Full Time Employees and Part
        Time Employees shall have an entitlement to paid Carer’s Leave or unpaid Carers
        Leave per occasion, as follows:-
        (a)    When an Employee is required to provide care or support to a member of the
               Employee’s immediate family or household member who requires care or
               support as they are sick or injured or has an unexpected emergency.
        (b)    The following are members of an Employee’s immediate family:-


Date: November 2007                    Page 26 of 29.           Employee Collective Agreement
               (i)     a spouse, child, parent, grandparent, grandchild or sibling of the
                       employee; or
               (ii)    a child, parent, grandparent, grandchild or sibling of a spouse of the
                       Employee.

5.2.7   Should the Employee have the accrued hours, paid Carer’s Leave taken shall not
        exceed ten (10) days in any one year.


5.3    COMPASSIONATE (Bereavement) LEAVE
Full Time Employees and Part Time Employees shall have an entitlement to paid
Compassionate Leave, as follows:-

        (a)    Employees shall be entitled to two (2) days compassionate leave per occasion
               when a member of the Employees’ immediate family or household member
               contracts or develops a personal injury or illness that poses a serious threat to
               life or an immediate family member or household member dies. The two (2)
               days may be taken in a single unbroken period of two (2) days or two separate
               periods of one (1) day as agreed by the Employer and the Employee.


5.4     PARENTAL LEAVE
The Workplace Relations Act 1996 entitles the Employee, to a maximum of 52 weeks unpaid
leave to care for either a new born child or a newly adopted child (who is under the age of
five (5) years), such leave shall be approved in accordance with the provisions of the
Workplace Relations Act 1996.


5.5     JURY SERVICE

5.5.1   An employee shall be allowed leave of absence during any period when legally
        required to attend for jury duty. The leave will be unpaid leave..

5.5.2   The employee must notify the Company as soon as possible of the date upon which
        the employee is required to attend jury service. An employee may be required to
        produce proof that the employee is required attend for jury service.

5.5.3   Nothing in this clause will be read as restricting the right of the Company from drafting
        a letter to the suitable officer of the court asking that the employee be excused from
        jury duty due to work commitment.


5.6     LONG SERVICE LEAVE

All Employees shall be entitled to Long Service Leave in accordance with the provisions of
Part 3 - Long Service Leave, Industrial Relations Act 1999. This Agreement allows the
cashing-out of the Long Service Leave entitlement at the time when the Long Service Leave
falls due.


 5.7    LEAVE FOR CASUALS

Eligible casual employees (ie. subject to legislative eligibility) shall have leave entitlements
as provided for Full Time and Part Time employees, except that the leave in all cases other
than Long Service Leave is unpaid when taken as leave has already been paid on an
ongoing basis by way of the casual loading.


Date: November 2007                    Page 27 of 29.          Employee Collective Agreement
                               PART 6 - MISCELLANEOUS


6.1     PROVISION OF DIVING EQUIPMENT

Employees undertake to provide all diving equipment (such as wet suit, regulator, BCD,
masks, fins, snorkel) as required by the Employer to meet all safety and licensing
requirements or hire Company owned equipment at applicable retail rates.


6.2     INSURANCE

The Employees undertake to maintain at the Employees expense, suitable insurance to the
standards of the Employer in accordance with licensing and legislative requirements.


6.3     ACCREDITATION - FIRST AID - OXYRESUS

Where it is a requirement of the position, all Employees shall maintain all Accreditation
Certificates and First Aid Certificate and Oxygen/Resus Certificate to the standards required
by the Employer, in accordance with licensing and legislative requirements, at the
Employer’s expense provided that the time required to attend the accreditation is not paid
time.


6.4     MEDICAL ASSESSMENTS (CERTIFICATES)

6.4.1   Dive Employees shall provide to the Employer, each twelve (12) months at the
        Employees expense, a current and valid medical certificate in accordance with
        licensing and other legislative requirements from a suitably qualified medical
        practitioner.

6.4.2   Where an Employee cannot provide a valid medical certificate, the Employee will be
        unable to work and will be stood down without pay.


6.5     CODE OF CONDUCT AND OPERATIONS MANUAL

All Employees agree to implement and abide by the requirements stated in the Reefcam Pty
Ltd Code of Conduct and Operations Manual as amended from time to time.


6.6     COMMENCEMENT TIMES

All Employees agree to commence work in accordance with rosters and operational
requirements.


                      PART 7 - DECLARATIONS AND SIGNATORIES


Approval of this Employee Collective Agreement in accordance with s340 of the Workplace
Relations Act 1996 and Workplace Relations Regulations 2006




Date: November 2007                  Page 28 of 29.          Employee Collective Agreement
Approved by and on behalf of the                                                 Witness:
Employer:                                                                        In the presence of


……………………………………………………
         [title]

                                                                                 …………………………………………
……………………………………………………                                                                 [print name of Witness]
       [print name]

                                                                                 ...........................................................…
.........................................................………                                   [signature of Witness]
                  [signature of Employer]




Approved by and on behalf of the                                                 Witness:
Employees:                                                                       In the presence of

                                                                                 …………………………………………
……………………………………………………                                                                 [print name of Witness]
.
     [print name of Employee]
                                                                                 ...........................................................…
                                                                                               [signature of Witness]
...........................................................………
                 [signature of Employee]




This agreement is approved under of the Workplace Relations Act 1996, section 340.


                                                     . . . . . . . . . . . . . . . . . . . . . . . . . . . , Employee Representative.

Lodged on . . . . . . . . . . . . ., receipted by the Office of the Employment Advocate and given
Receipt No. . . . . . . . . . . . . . . . . of 2007, in the Employee Collective Agreements Register.



. . . . . . . . . . . . . , Date


. . . . . . . . . . . . . . . . . . . . . . . .. ,
Lodgement Officer

Operational date. . . . . . . . . .
Employee Collective Agreement – Reefcam Pty Ltd.


Date: November 2007                                         Page 29 of 29.                  Employee Collective Agreement

				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:24
posted:4/26/2010
language:English
pages:29
Description: REEFCAM PTY LTD TRADING AS TAKA DIVE ADVENTURES THE EMPLOYEES OF ...