Award coverage for wild catch fishing employees
Wild catch fishing employees work for employers in the wild catch fishing industry on fishing vessels, such as fishing trawlers. This includes employees working as the vessel skipper, a deckhand, or engaged in fishing duties.
No award covers wild catch fishing employees.
They’re entitled to the national minimum wage and the National Employment Standards.
They're not covered by:
- the Ports, Harbours and Enclosed Water Vessels Award expressly because it excludes the wild catch fishing industry.
- the Miscellaneous Award because it doesn’t cover employees excluded from award coverage by the Fair Work Act 2009.
What is the wild catch fishing industry?
The wild catch fishing industry means the commercial operation of an employer to catch fish and other seafood that has grown to maturity in their natural environment.
It doesn’t include operations covered by the Aquaculture Award, such as breeding and farming of fish.
Australian Southern Bluefin Tuna (SBT) Industry Association Ltd [2018] FWCFB 368 - says that the wild catch fishing industry should remain award-free.
Fair Work Act 2009 - section 143(7) says that a modern award must not be expressed to cover classes of employees:
- who, because of the nature or seniority of their role, have traditionally not been covered by awards, or
- who perform work that is not of a similar nature to work that has traditionally been regulated by such awards.
Miscellaneous Award - clause 4.3 says that the Miscellaneous Award doesn’t cover employees excluded from award coverage by the Fair Work Act 2009.
Ports, Harbours and Enclosed Water Vessels Award - clause 4.7 excludes coverage of the wild catch fishing industry.
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