Document ID: chunk:federal_register_of_legislation:C2012A00054:clause:4_45a
Version: federal_register_of_legislation:C2012A00054
Segment Type: clause
Provision Reference: sch 4 cl 45A
Character Range: 80314–81816

45A  Work agreements

Requirement that seaman have a work agreement
 (1) A person commits an offence if:
 (a) the person is the master or owner of a ship; and
 (b) the master takes the ship to sea; and
 (c) a seaman is on board the ship; and
 (d) when the ship is taken to sea, a work agreement that complies with this section is not in force in relation to the seaman.
Penalty: 20 penalty units.

When a work agreement complies with this section
 (2) A work agreement complies with this section if the work agreement is in accordance with any regulations made for the purposes of subsection (3).

Regulations about work agreements
 (3) The regulations may prescribe matters relating to work agreements including, but not limited to, the following:
 (a) the content and form of work agreements (including terms and conditions about the amount of wages and paid annual leave);
 (b) the right of a seaman to review, and seek advice on, a work agreement before signing it;
 (c) the process for signing work agreements;
 (d) the information or documents that must be given to, or made available to, seamen in relation to work agreements and the manner in which such information or documents must be given or made available;
 (e) the termination of work agreements.

Definitions
 (4) In this section:
agreement has its ordinary meaning.
seaman includes the master of a ship.
work agreement means an agreement that is made between a seaman and the owner of a ship.

Subdivision B—Articles of agreement etc.