11AExemption from charge—certain permanent employees

11A Exemption from charge—certain permanent employees

(1) For the purposes of this section, a waterside worker is a permanent waterside worker in relation to an employer if:

(a) the waterside worker is a class C waterside worker and is employed by the employer on a weekly hiring or a hiring for a period longer than 1 week; and

(b) no provision of an award or order of the Commonwealth Conciliation and Arbitration Commission that directs the Australian Stevedoring Industry Authority to make to waterside workers payments of all or any of the following kinds, that is to say, payments of attendance money, payments in respect of public holidays, payments in respect of annual leave and payments in respect of sick leave, applies in relation to the waterside worker.

(2) Where a waterside worker:

(a) is a permanent waterside worker in relation to an employer at the commencement of the first pay period ending in a month; and

(b) does not cease to be a permanent waterside worker in relation to the employer before the end of the last pay period ending in that month;

the charge is not payable in respect of the employment of the waterside worker by the employer at any time after the commencement of that first pay period and before he ceases to be a permanent waterside worker in relation to the employer.