[2020] FWCFB 1550

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards—Sugar Industry Award 2010
(AM2017/56)

DEPUTY PRESIDENT ASBURY
DEPUTY PRESIDENT ANDERSON
COMMISSIONER MCKENNA

BRISBANE, 24 MARCH 2020

4 yearly review of modern awards – Sugar Industry Award 2010 – substantive issues.

OVERVIEW

[1] In a Decision in relation to 4 yearly review of modern awards – Award stage – Group 3 (the Group 3 Decision) 1 a Full Bench of the Commission (the Group 3 Full Bench) referred a number of matters relating to the Sugar Industry Award 2010 (the Award) to a separately-constituted Full Bench (the Sugar Industry Award Full Bench).

[2] On 26 March 2019, the Sugar Industry Award Full Bench issued a Decision in 4 Yearly Review of Modern Awards – Sugar Industry Award 2010 (March 2019 Decision) 2. In the March 2019 Decision,the Sugar Industry Award Full Bench dealt with a number of outstanding issues referred to it by the Group 3 Full Bench and gave the parties opportunity to make comment on a Draft Determination issued with that Decision.

[3] On 29 January 2020, the Sugar Industry Award Full Bench issued a further Decision and a Determination varying the Awardin relation to the matters dealt with in the March 2019 Decision.

[4] The March 2019 Decision also dealt with an issue identified in the Group 3 Decision in relation to the divisor to be used in calculating ordinary hourly rates which appear in clause 40.1 of the Awardand in clause 19.1 and Tables in D 2.2 and D.2.3 in Schedule D of the Exposure Draft of that Award.The issue arises because those hourly rates are calculated by using a divisor of 38 in circumstances where the Award (at clause 29.3) and the Exposure Draft (at clause 15.3) provide averaging of ordinary hours by a mechanism whereby ordinary hourly rates are calculated at various times of the year by using divisors other than 38 – for example 36 in the slack season and 40 in the crushing season.

[5] In the March 2019 Decision the Sugar Industry Award Full Bench did not accept a proposal by the parties to rectify issues associated the manner in which hourly rates were expressed in the wages table in the Awardand in the wages table and Schedules in the Exposure Draft of the Award. The Full Bench in the March 2019 Decision referred the matter to the presiding member to conduct a conference of the parties to facilitate the resolution of the outstanding issue regarding the divisor to determine hourly rates of pay in clauses 40.1 of the Awardand in clause 19.1 and Tables in D.2.2 and D.2.3 in Schedule D of the Exposure Draft of that Award.

CONSIDERATION

[6] Upon further consideration and in lieu of the presiding member conducting a conference of the parties, it is our provisional view that the issue could be resolved by inserting the following wording as a note within clause 40.1 of the Awardand in clause 19.1 and in Schedule D.2 of the Exposure Draft as follows:

Sugar Industry Award 2010

“NOTE: The rates for ordinary hours in clause 40.1 are calculated by dividing the minimum weekly rate by 38. Where an averaging system is worked in accordance with clause 23.3 so that ordinary hours which are greater than 38 are worked in the nominal crushing season (or other period) and ordinary hours which are less than 38 are worked in the nominal slack season (or other period), the minimum hourly rate for ordinary hours will be no less than the minimum weekly rate divided by the actual ordinary weekly hours worked in the relevant season or period.”

Sugar Industry Award Exposure Draft

“NOTE: The rates for ordinary hours in clause 19.1 and in tables D.2.1 and D.2.3 are calculated by dividing the minimum weekly rate by 38. Where an averaging system is worked in accordance with clause 15.3 so that ordinary hours which are greater than 38 are worked in the nominal crushing season (or other period) and ordinary hours which are less than 38 are worked in the nominal slack season (or other period), the minimum hourly rate for ordinary hours will be no less than the minimum weekly rate divided by the actual ordinary weekly hours worked in the relevant season or period. All of the penalty rates in the tables in D.2 are calculated based on dividing the weekly ordinary rate by 38.”

[7] A copy of a draft determination varying clause 40.1 of the Award is ATTACHMENT A to this Statement. A copy of the current Exposure Draft incorporating this wording in clause 19.1 and in Schedule D.2 is ATTACHMENT B to this Statement. If any party or parties disagree with this provisional view, they are to advise the chambers of the presiding member of this Full Bench within seven days of the date of this Statement and the matter will be given further consideration, including potentially listing the matter for conference.

CONCLUSION

[8] In the absence of objection, the Sugar Industry Award Full Bench will proceed to vary the Award in accordance with the draft determination.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

MA000087 PRXXXXX X

DRAFT DETERMINATION

Fair Work Act 2009 s.156—4 yearly review of modern awards

4 yearly review of modern awards—Sugar Industry Award 2010
(AM2017/56)

SUGAR INDUSTRY AWARD 2010
[MA000087]

Sugar industry
DEPUTY PRESIDENT ASBURY DEPUTY PRESIDENT ANDERSON COMMISSIONER MCKENNA	BRISBANE, XX MONTH 2020

4 yearly review of modern awards – Sugar Industry Award 2010 – substantive issues.

A. Further to the Full Bench decision issued by the Fair Work Commission on XX DATE 2020 [[2020] FWCFB XXXX], the above award is varied as follows:

1. By inserting a note after the table appearing in clause 40.1 as follows:

B. This determination comes into operation from XX MONTH 2020. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect until the start of the first full pay period that starts on or after XX MONTH 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ATTACHMENT B

Sugar Industry Award 20XX

Table of Contents

Page

Part 1— Application and Operation of this Award 4
1. Title and commencement 4
2. Definitions 4
3. The National Employment Standards and this award 5
4. Coverage 5
5. Individual flexibility arrangements 7
6. Requests for flexible working arrangements 8
7. Facilitative provisions 10
Part 2— Types of Employment and Classifications 11
8. Full-time employees 11
9. Part-time employees 11
10. Casual employees 12
11. Seasonal employees 14
12. Apprentices 14
13. Trainees 18
14. Classifications 18
Part 3— Hours of Work 19
15. Ordinary hours of work and rostering—other than shiftworkers 19
16. Breaks 22
Part 4— Field Sector—Wages and Allowances 23
17. Minimum rates 23
18. Allowances 25
Part 5— Milling, Distillery, Refinery and Maintenance—Wages and Allowances 26
19. Minimum rates 26
20. Allowances 31
Part 6— Bulk Terminal Operations—Wages and Allowances 40
21. Minimum rates 40
22. Allowances 41
Part 7— Other Wage Related Provisions 42
23. Payment of wages 42
24. Higher duties 44
25. School-based apprentices 44
26. Supported wage system 44
27. National training wage 44
28. Superannuation 44
Part 8— Overtime, Penalty Rates and Shiftwork 46
29. Overtime and penalty rates—other than shiftworkers 46
30. Shiftwork 49
Part 9— Leave and Public Holidays 54
31. Annual leave 54
32. Personal/carer’s leave and compassionate leave 58
33. Parental leave and related entitlements 58
34. Community service leave 58
35. Unpaid family and domestic violence leave 59
36. Public holidays 59
Part 10— Consultation and Dispute Resolution 59
37. Consultation about major workplace change 59
38. Consultation about changes to rosters or hours of work 60
39. Dispute resolution 61
40. Dispute resolution procedure training leave 61
Part 11— Termination of Employment and Redundancy 63
41. Termination of employment 63
42. Redundancy 64
Schedule A —Classification Definitions—Field Sector 66
Schedule B —Classification Definitions—Milling, Distillery, Refinery and Maintenance 73
Schedule C —Classification Definitions—Bulk Terminal Operations 98
Schedule D —Summary of Hourly Rates of Pay 99
Schedule E —Summary of Monetary Allowances 111
Schedule F —School-based Apprentices 115
Schedule G —Supported Wage System 116
Schedule H —National Training Wage 119
Schedule I —Agreement to Take Annual Leave in Advance 129
Schedule J —Agreement to Cash Out Annual Leave 130
Schedule K —Agreement for Time Off Instead of Payment for Overtime 131

Part 1—Application and Operation of this Award

1. Title and commencement

1.1 This award is the Sugar Industry Award 20XX.

1.2 This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.

1.3 A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.

2. Definitions

In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth).
adult apprentice means a person over 21 years of age at the time of entering into a training contract as provided for in clause 12.
apprentice includes an adult apprentice.
bulk terminal operations is defined at clause 4.2(e). The terms and conditions of bulk terminal operations employees are found at Part 6 of this Award.
by-product means any product manufactured or processed in the sugar industry apart from sugar crystal (this may include, for example, ethanol, molasses, furfural and compost).
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
distillery sector is defined at clause 4.2(d). The terms and conditions of distillery sector employees are found at Part 5 of this Award.
employee means national system employee within the meaning of the Act.
employer means national system employer within the meaning of the Act.
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
field sector is defined at clause 4.2(a). The terms and conditions of field sector employees are found at Part 4 of this Award.
milling sector is defined at clause 4.2(b). The terms and conditions of milling sector employees are found at Part 5 of this Award.
minimum hourly rate means the award minimum weekly rate divided by 38.
minor construction means construction work carried out at the business of an employer under this award on the operations of that employer, by that employer’s employees but does not include any construction work carried out by a contractor.
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
NES means the National Employment Standards as contained in sections 59 to 131 of the Act.
nominal crushing season means the period of 26 weeks commencing on the first Monday of June each year.
nominal slack season means that period that is not the nominal crushing season.
on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.
refinery sector is defined at clause 4.2(c). The terms and conditions of refinery sector employees are found at Part 5 of this Award.
seasonal employee means an employee specifically engaged as or deemed to be a seasonal employee in accordance with clause 11.
standard rate means the minimum hourly rate prescribed for C10/L6 classification in clause 19.1.
sugar industry has the meaning given in clause 4.2.

3. The National Employment Standards and this award

3.1 The NES and this award contain the minimum conditions of employment for employees covered by this award.

3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.

3.3 The employer must ensure that copies of the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.

4. Coverage

4.1 This award covers employers throughout Australia in the sugar industry and their employees who are covered by the classifications in this award.

4.2 In this award sugar industry means the following:

(a) field sector: all sugar cane farming operations including the operations of contractors performing general farm work, cane harvesting and haul out work and farm management; cane testing; and pest, disease control, advisory and research operations of Cane Protection and Productivity Boards and the Bureau of Sugar Experiment Stations;

(b) milling sector: sugar milling including the following operations of the sugar miller: operations of transporting and processing cane including cane railway construction, maintenance, repair and operation; factory maintenance, repair and operation; raw sugar refining at a sugar mill; by-product manufacture and processing at a sugar mill; and packaging operations performed at a sugar mill;

(c) refinery sector: refining raw sugar at sugar refineries and those refineries’ own packaging and storage operations;

(d) distillery sector: distilling operations of sugar by-products for industrial purposes and packaging work in a distilling operation directly linked to a sugar mill;

(e) bulk terminal operations: bulk (packed or loose) receival, storage, outloading and ship loading at the industry’s bulk terminals, including handling incidental commodities or material; and

(f) the generation and/or transmission of power and/or steam that is ancillary or incidental to the employer’s activities in clauses 4.2(b) to 4.2(d) (albeit that excess power may be sold into the grid).

4.3 Where a sugar industry employer is also engaged in another industry not covered by this award the employees of that employer in the other industry will be covered by the industry award of that other industry.

4.4 This award covers any employer which supplies labour on an on-hire basis in the sugar industry in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. Clause 4.4 operates subject to the exclusions from coverage in this award.

4.5 This award covers employers which provide group training services for apprentices and/or trainees engaged in the sugar industry and/or parts of that industry and those apprentices and/or trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. Clause 4.5 operates subject to the exclusions from coverage in this award.

4.6 The award does not cover:

(a) employees of employers covered by the Manufacturing and Associated Industries and Occupations Award 2020.

(b) an employer to whom another modern industry or occupation award applies in respect of an employee to whom that other award applies, or to such an employee; or

(c) employees excluded from award coverage by the Act;

(d) employees who are covered by a modern enterprise award or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or

(e) employees who are covered by a State reference public sector modern award or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.

4.7 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.

5. Individual flexibility arrangements

5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:

(a) arrangements for when work is performed; or

(b) overtime rates; or

(c) penalty rates; or

(d) allowances; or

(e) annual leave loading.

5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.

5.3 An agreement may only be made after the individual employee has commenced employment with the employer.

5.4 An employer who wishes to initiate the making of an agreement must:

(a) give the employee a written proposal; and

(b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.

5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.

5.6 An agreement must do all of the following:

(a) state the names of the employer and the employee; and

(b) identify the award term, or award terms, the application of which is to be varied; and

(c) set out how the application of the award term, or each award term, is varied; and

(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and

(e) state the date the agreement is to start.

5.7 An agreement must be:

(a) in writing; and

(b) signed by the employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.

5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.

5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.

5.11 An agreement may be terminated:

(a) at any time, by written agreement between the employer and the employee; or

(b) by the employer or employee giving 13 weeks’ written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).

5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.

5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.

6. Requests for flexible working arrangements

6.1 Employee may request change in working arrangements
Clause 6 applies where an employee has made a request for a change in working arrangements under section 65 of the Act.

NOTE 1: Section 65 of the Act provides for certain employees to request a change in their working arrangements because of their circumstances, as set out in section 65(1A). Clause 6 supplements or deals with matters incidental to the NES provisions.
NOTE 2: An employer may only refuse a section 65 request for a change in working arrangements on ‘reasonable business grounds’ (see section 65(5) and (5A)).
NOTE 3: Clause 6 is an addition to section 65.
6.2 Responding to the request
Before responding to a request made under section 65, the employer must discuss the request with the employee and genuinely try to reach agreement on a change in working arrangements that will reasonably accommodate the employee’s circumstances having regard to:

(a) the needs of the employee arising from their circumstances;

(b) the consequences for the employee if changes in working arrangements are not made; and

(c) any reasonable business grounds for refusing the request.

NOTE 1: The employer must give the employee a written response to an employee’s section 65 request within 21 days, stating whether the employer grants or refuses the request (section 65(4)).
NOTE 2: If the employer refuses the request, then the written response must include details of the reasons for the refusal (section 65(6)).
6.3 What the written response must include if the employer refuses the request

(a) Clause 6.3 applies if the employer refuses the request and has not reached an agreement with the employee under clause 6.2.

(b) The written response under section 65(4) must include details of the reasons for the refusal, including the business ground or grounds for the refusal and how the ground or grounds apply.

(c) If the employer and employee could not agree on a change in working arrangements under clause 6.2, then the written response under section 65(4) must:

(i) state whether or not there are any changes in working arrangements that the employer can offer the employee so as to better accommodate the employee’s circumstances; and

(ii) if the employer can offer the employee such changes in working arrangements, set out those changes in working arrangements.

6.4 What the written response must include if a different change in working arrangements is agreed
If the employer and the employee reached an agreement under clause 6.2 on a change in working arrangements that differs from that initially requested by the employee, then the employer must provide the employee with a written response to their request setting out the agreed change(s) in working arrangements.
6.5 Dispute resolution
Disputes about whether the employer has discussed the request with the employee and responded to the request in the way required by clause 6, can be dealt with under clause 39—Dispute resolution.

7. Facilitative provisions

7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or an employer and the majority of employees in the enterprise or part of the enterprise concerned.

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

Clause	Provision	Agreement between an employer and:
10.5(g)	Casual conversion	An individual
10.5(j)	Casual conversion—period of employment	An individual or the majority of employees
15.2(d)(iv) and 15.3(e)(iv)	Rostered days off—substitution of days	An individual
15.2(d)(v) and 15.3(e)(v)	Rostered days off—banking of days	An individual
15.3(a)	Averaging of weekly ordinary hours – exceeds 28 days	The majority of employees
15.3(c)	Altering spread of hours	An individual or the majority of employees
16.1(d)	Rest breaks	The majority of employees
16.4(d)	Rest breaks	The majority of employees
23.1(c)	Payment of wages—frequency	The majority of employees
29.6	Time off instead of payment for overtime	An individual
29.7	Make-up time	An individual
30.1(b)	Averaging of weekly ordinary hours—shiftworkers—exceeds 28 days	The majority of employees
30.9(a)	Nominal crushing season—shiftwork—hours of work	The majority of employees
30.10(a)	Nominal slack season—shiftwork—reducing length of shift	The majority of employees
30.10(d)	Rostered day off	The majority of employees
30.10(f)	Nominal slack season—shiftwork—Rostered days off—banking of days	The majority of employees
31.4	Annual leave in advance	An individual
31.10	Cashing out of annual leave	An individual

Part 2—Types of Employment and Classifications

8. Full-time employees

8.1 An employee:

(a) whose average weekly ordinary hours of employment are 38 hours; and

(b) who isnot specifically engaged as a seasonal, part-time or casual employee,

is for all purposes of this award a full-time employee, unless otherwise specified in this award.

9. Part-time employees

9.1 A part-time employee is an employee engaged to work on a part-time basis involving a regular pattern of hours which average less than 38 ordinary hours per week.

9.2 Part-time employees are entitled on a pro rata basis to equivalent pay and conditions to those of full-time employees.

9.3 At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work, specifying at least the numbers of hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day.

9.4 Changes in hours may only be made by agreement in writing between the employer and employee. Changes in days can be made by the employer giving one week’s notice in advance of the changed hours.

9.5 An employer is required to roster a part-time employee for a minimum of 3 consecutive hours on any shift except:

(a) for bulk sugar terminals employees where the minimum engagement will be 4 hours per shift and 16 hours per week; and

(b) for refinery employees where the minimum engagement will be 8 hours per week.

9.6 All time worked outside the hours mutually arranged will be overtime and paid for at the appropriate overtime rate.

9.7 A part-time employee employed under the provisions of clause 9 must be paid for ordinary hours worked at the minimum hourly rate for the class of work performed.

9.8 Where the part-time employee’s normal paid hours fall on a public holiday prescribed in the NES and work is not performed by the employee, such employee must not lose pay for the day. Where the part-time employee works on the public holiday, the part-time employee must be paid at the rate of 250% of the minimum hourly rate.

10. Casual employees

10.1 A casual employee is an employee engaged as a casual employee.

10.2 Casual employees must be paid at the termination of each engagement, or weekly or fortnightly in accordance with usual payment methods for full-time employees.

10.3 Casual employees are entitled to a minimum payment of 3 hours’ work at the appropriate rate each time they are required to attend for work.

10.4 Casual loading

(a) For each hour worked a casual employee must be paid:

(i) the minimum hourly rate; and

(ii) a loading of 25% of the minimum hourly rate

for the class of work performed.

(b) The casual loading is paid instead of entitlements to paid leave and other matters from which casuals are excluded by the terms of this award and the NES.

(c) The casual loading does not constitute part of the casual employee’s all-purpose rate.

10.5 Casual conversion to full-time or part-time employment

(a) A casual employee, other than an irregular casual employee or a casual employee of a field sector or bulk sugar terminal employer, who has been engaged by a particular employer for a sequence of periods of employment under this award during a period of 6 months, thereafter has the right to elect to have their contract of employment converted to full-time or part-time employment if the employment is to continue beyond the conversion process.

(b) An employer of such an employee must give the employee notice in writing of the provisions of clause 10.5 within 4 weeks of the employee having attained such period of 6 months. The employee retains their right of election under clause 10.5 if the employer fails to comply with clause 10.5(b).

(c) Any such casual employee who does not within 4 weeks of receiving written notice elect to convert their contract of employment to full-time or part-time employment is deemed to have elected against any such conversion.

(d) Any casual employee who has a right to elect under clause 10.5(a), on receiving notice under clause 10.5(b) or after the expiry of the time for giving such notice, may give 4 weeks’ notice in writing to the employer that they seek to elect to convert their contract of employment to full-time or part-time employment, and within 4 weeks of receiving such notice the employer must consent to or refuse the election but must not unreasonably so refuse.

(e) Once a casual employee has elected to become and been converted to a full-time or part-time employee, the employee may only revert to casual employment by written agreement with the employer.

(f) If a casual employee has elected to have their contract of employment converted to full-time or part-time employment in accordance with clause 10.5(d), the employer and employee must, subject to clause 10.5(d), discuss and agree on:

(i) which form of employment the employee will convert to, being full-time or part-time; and

(ii) if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked, as set out in clause 9.

(g) An employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert their contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert their contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed on between the employer and employee.

(h) Following such agreement being reached, the employee converts to full-time or part-time employment.

(i) Where, in accordance with clause 10.5(d), an employer refuses an election to convert, the reasons for doing so must be fully stated to and discussed with the employee concerned and a genuine attempt made to reach agreement.

(j) By agreement between the employer and the majority of the employees in the relevant workplace or a section or sections of it, or with the casual employee concerned, the employer may apply clause 10.5(a) as if the reference to 6 months is a reference to 12 months, but only in respect of a currently engaged individual employee or group of employees. Any such agreement reached must be kept by the employer as a time and wages record. Any such agreement reached with an individual employee may only be reached within the 2 months prior to the period of 6 months referred to in clause 10.5(a).

(k) For the purposes of clause 10.5, an irregular casual employee is one who has been engaged to perform work on an occasional or non-systematic or irregular basis.

10.6 An employee must not be engaged and re-engaged to avoid any obligation under this award.

11. Seasonal employees

11.1 A seasonal employee is an employee engaged by the employer on a full time or part time basis, on or about the commencement of the crushing season, for the purpose of performing duties directly and indirectly related to crushing season operations and whose duties are completed and employment terminated on or about the end of the mill’s crushing season.

11.2 For the purpose of a 38 hour week only, all employees not specifically engaged as seasonal who are engaged after the first Monday of June in any one year and before the first Monday in June in the subsequent year, will be deemed to be seasonal until the first Monday of June in that subsequent year.

12. Apprentices

12.1 Apprentices may be engaged in trades or occupations that are provided for in:

(a) Schedule B—Classification Definitions—Milling, Distillery, Refinery and Maintenance; and

(b) Schedule C—Classification Definitions—Bulk Terminal Operations,

(c) where declared or recognised by an apprenticeship authority.

12.2 For the purposes of clause 12, apprenticeship authority means a State or Territory training authority with the responsibility for the apprenticeship.

12.3 In any State or Territory in which any statute or regulation relating to apprentices is in force, that statute and regulation will operate in that State or Territory provided that the provisions of the statute or regulation are not inconsistent with this award, in which case the provisions of this award will apply.

12.4 An apprentice may be engaged under a training contract approved by the relevant apprenticeship authority, provided the qualification outcome specified in the training contract is consistent with that established for the vocation in the relevant training package determined from time to time by Manufacturing Skills Australia or its successors and endorsed by the Council of Australian Governments (COAG) Industry and Skills Council or it successor. Such apprenticeships include but are not limited to the following trades:

(a) Engineering Tradesperson (Mechanical);

(b) Engineering Tradesperson (Fabrication);

(c) Engineering Tradesperson (Electrical/Electronic);

(d) Higher Engineering Tradesperson and Advanced Engineering Tradesperson.

12.5 An apprentice may also be engaged where the qualification outcome specified in the training contract is consistent with the qualifications established for electrical vocations within the relevant electrical/utilities training package and endorsed by the COAG Industry and Skills Council or its successor.

12.6 An apprenticeship may be cancelled or suspended only in accordance with the requirements of the training contract and the requirements of State or Territory legislation and the apprenticeship authority.

12.7 The probationary period of an apprentice is as set out in the training contract consistent with the requirement of the apprenticeship authority and with State or Territory legislation but must not exceed 3 months.

12.8 Training arrangements

(a) Apprentice conditions

(i) Except as provided in clause 12 or where otherwise stated, all conditions of employment specified in this award apply to apprentices.

(ii) An apprentice is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.

(iii) Time spent by an apprentice, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the apprentice’s wages and determining the apprentice’s employment conditions. Clause 12.8 operates subject to the provisions of Schedule F—School-based Apprentices.

(iv) The notice of termination provisions of the NES apply to apprentices. Subject to clause 42.6(b) the redundancy provisions of the NES do not apply to apprentices.

(b) Payment of fees and textbooks

(i) Any costs associated with standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) incurred by an employee in connection with training under the training contract, will be reimbursed to the apprentice within 6 months from the commencement of the apprenticeship or the relevant stage of the apprenticeship, or within 3 months of the apprentice commencing training with the Registered Training Organisation (RTO), unless there is unsatisfactory progress.

(ii) Direct payment of the fees and textbooks, within 6 months from the commencement of the apprenticeship or the relevant stage of the apprenticeship, by an employer to the training provider satisfies the requirement for reimbursement in clause 12.8(b)(i).

(i) Where an apprentice is required to attend block release training for training identified in or associated with their training contract, and such training requires an overnight stay, the employer must pay for the excess reasonable travel costs incurred by the apprentice in the course of travelling to and from the training. Provided that clause 12.8(c) will not apply where the apprentice could attend an alternate Registered Training Organisation (RTO) and the use of the more distant RTO is not agreed between the employer and the apprentice.

(ii) For the purposes of clause 12.8(c) excess reasonable travel costs includes the total cost of reasonable transportation (including transportation of tools where required), accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling, including meals, which exceed those incurred in travelling to and from work. For the purposes of clause 12.8(c) excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.

(iii) The amount payable by an employer under clause 12.8(c) may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.

12.9 The ordinary hours of employment of apprentices in each enterprise are not to exceed those of the relevant tradesperson.

12.10 The minimum rates applying to apprenticeships are dealt with in clauses 19.6, 19.7, 21.2 and 21.3. No apprentice is to work under a system of payment by results.

12.11 Competency based completion

(a) Apprenticeships under this award are competency based. The actual time taken to complete an apprenticeship will therefore vary depending upon factors such as the intensity of training and the variety of work experience.

(b) The nominal period of the apprenticeship is 4 years, however this period may be varied:

(i) to make up ‘time’ pursuant to clause 12.13; and/or

(ii) with the approval of the relevant State or Territory apprenticeship authority, to recognise prior learning including vocational education and training in school, pre-apprenticeship programs and other prior learning, the nominal period may be shortened to reflect the proportion of the competencies already acquired.

(c) Notwithstanding the nominal period, the apprenticeship is completed in a shorter period when:

(i) the qualification specified in the training agreement is successfully completed; and

(ii) the apprentice has the necessary practical experience to achieve competency in the skills covered by the training agreement, provided that the determination as to whether this condition has been met must be by agreement between the registered training organisation, the employer and the apprentice and where there is a disagreement concerning this matter the matter may be referred to the relevant State/Territory apprenticeship authority for determination; and

(iii) the requirements of the relevant State/Territory apprenticeship authority and any requirements of Manufacturing Skills Australia with respect to demonstration of competency and any minimum necessary work experience requirements are met; and

(iv) with respect to trades where there are additional licensing or regulatory requirements under State legislation, when these requirements are met.

12.12 An apprentice under the age of 18 years is not required to work overtime or shiftwork unless such an apprentice so desires. No apprentice, except in an emergency, is to work or be required to work overtime or shiftwork at times which would prevent their attendance in training consistent with their training contract.

12.13 Apprentices are required to serve an additional day for each day of absence during each year of their apprenticeship, except in respect of absences due to annual leave or long service leave. The following year of their apprenticeship does not commence until the additional days have been worked. However, any time that has been worked by the apprentice in excess of their ordinary hours must be credited to the apprentice when calculating the amount of additional time that needs to be worked in the relevant year.

12.14 Any person engaged as an apprentice as at 1 January 2010 is deemed to be an apprentice for all purposes of this award until the completion or cancellation of their apprenticeship.

13. Trainees

13.1 The terms of this award apply to trainees covered by the National Training Wage provisions in Schedule H—National Training Wage, trainees in the technical field, trainee engineers, trainee scientists and trainees under the Certificate in Sugar Milling, except where otherwise stated in this award.

13.2 A trainee in the technical field must be allowed reasonable time (not exceeding an average of 8 hours per week during a school term) for the purpose of attending classes in connection with the appropriate certificate course on the same basis as apprentices in the establishment are allowed time off for day time schooling. For this purpose, years of experience as a trainee is equivalent to years of apprenticeship.

13.3 The course of study each year for a trainee engineer or trainee scientist must be agreed between the employer and trainee so that the maximum attendance at the approved educational institution does not exceed 3 nights per week of 2 hours’ lecture or 3 hours’ practical work. All other time necessary for attendance at the approved educational institution to permit compliance with the prescribed syllabus must be allowed time off during the day without loss of pay. In the event of disagreement between the employer and the trainee regarding the course of study for any year, the recommendation of the educational institution must be accepted.

13.4 A trainee engineer or trainee scientist is not obliged to work overtime when it interferes with studies and no trainee engineer or trainee scientist is to be employed on shiftwork except at their own request during academic vacations.

13.5 A trainee engineer or trainee scientist is to be allowed reasonable leave of absence without loss of pay for the purpose of sitting for examinations in any subject or subjects being studied for the year.

14. Classifications

14.1 Classifications for employees covered by this award are set out in

(a) Schedule A—Classification Definitions—Field Sector;

(b) Schedule B—Classification Definitions—Milling, Distillery, Refinery and Maintenance; and

(c) Schedule C—Classification Definitions—Bulk Terminal Operations.

14.2 Employers must advise their employees in writing of their classification and of any changes to their classification.

14.3 The classification by the employer must be according to the skill level or levels required to be exercised by the employee in order to carry out the principal functions of the employment as determined by the employer.

Part 3—Hours of Work

15. Ordinary hours of work and rostering—other than shiftworkers

15.1 Maximum weekly hours and requests for flexible working arrangements are provided for in the NES.

15.2 Field sector

(a) The average ordinary working hours for field sector employees will be fixed by agreement between the employer and the employees but will not exceed an average of 38 hours per week over a 4 week period.

(b) The ordinary hours of work for field sector employees will not exceed 152 hours in any consecutive period of 4 weeks.

(c) All ordinary time worked on Saturdays or Sundays will be paid at 150% of the minimum hourly rate.

(d) Rostered days off

(i) An employee entitled to a rostered day off during their work cycle must either:

• be given 4 weeks’ notice by the employer in advance of the weekday the employee is to take off; or
• arrange the rostered day off by mutual agreement with the employer.

(ii) Rostered days off may be arranged in accordance with annual or seasonal rosters that reflect the operational requirements of the business.

(iii) An employer may substitute the day an employee is to take off for another day for the following reasons:

• in case of a break down in machinery; or
• a failure or shortage of electric power; or
• to meet the requirements of the business (including the necessity to work shifts so as to provide continuity of operations); or
• for farm field sector employees, to manage wet weather and/or those circumstances for which the field sector employer is not responsible or over which the field sector employer has no control.

(iv) An individual employee, with the agreement of the employer, may substitute the day the employee is to take off for another day.

(v) Where working the 38 hour week is agreed to in accordance with clause 15.2, an employee and the employer may agree to a banking system of rostered days off. An employee would therefore work on what would normally have been the employee’s rostered day off and accrue an entitlement to bank a rostered day off to be taken at a mutually convenient time for both the employee and the employer.

(vi) At least 5 days’ notice must be given before taking the banked rostered day(s) off.

(vii) No payments or penalty payments are to be made to employees working under this substitute banked rostered day off. However, the employer will maintain a record of the number of rostered days banked and will apply the average pay system during the weeks when an employee elects to take a banked rostered day off.

(viii) Employees terminated prior to taking any banked rostered day(s) off must receive 20% of their average weekly pay over the previous 6 months multiplied by the number of banked substitute days.

(ix) Employees who work on a rostered day off basis each 20 day cycle are entitled to 12 rostered days off in a 12 month period.

15.3 Other than field sector

(a) By agreement between the employer and the majority of employees concerned, a roster system may operate on the basis that the weekly average of 38 ordinary hours is allowed over a period which exceeds 28 consecutive days but does not exceed 12 months.

(b) Weekly hours of work—day workers

(i) The ordinary hours of work are to be an average of 38 per week.

(ii) The ordinary hours of work may be worked from 6.00 am to 6.00 pm Monday to Friday.

(iii) Not more than 10 hours exclusive of meal breaks (except if paid for at overtime rates) are to be worked in any one day.

(c) Altering spread of hours

The ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer. The spread of hours may be altered by up to one hour at either end of the spread by agreement between an employer and the majority of employees concerned or, in appropriate circumstances, between the employer and an individual employee.

(4) Work outside spread

Work done outside the hours of 6.00 am to 6.00 pm, other than in accordance with clause 15.3(c), will be paid at overtime rates and will be deemed to be part of the ordinary hours of work for the purposes of clause 15.

(d) Notice of rostered days off

(i) An employee entitled to a rostered day off during their work cycle must either:

• be given 4 weeks’ notice by the employer in advance of the weekday the employee is to take off; or
• arrange the rostered day off by mutual agreement with the employer.

(ii) Rostered days off may be arranged in accordance with annual or seasonal rosters that reflect the operational requirements of the business.

(iii) An employer may substitute the day an employee is to take off for another day for the following reasons:

• in case of a break down in machinery;
• a failure or shortage of electric power; or
• to meet the requirements of the business (including the necessity to work shifts so as to provide continuity of operations).

(iv) An individual employee, with the agreement of the employer, may substitute the day the employee is to take off for another day.

(v) Where working the 38 hour week is agreed to in accordance with clause 15.3, an employee and the employer may agree to a banking system of rostered days off. An employee would therefore work on what would normally have been the employee’s rostered day off and accrue an entitlement to bank a rostered day off to be taken at a mutually convenient time for both the employee and the employer.

(vi) At least 5 days’ notice must be given before taking the banked rostered day(s) off.

(vii) No payments or penalty payments are to be made to employees working under this substitute banked rostered day off. However the employer will maintain a record of the number of rostered days banked and will apply the average pay system during the weeks when an employee elects to take a banked rostered day off.

(ix) Employees who work on a rostered day off basis each 20 day cycle are entitled to 12 rostered days off in a 12 month period.

16. Breaks

16.1 Meal breaks – day workers

(a) A meal break of between 30 minutes and 60 minutes must be allowed to each day worker.

(2) The meal break must commence no later than 5 hours after starting work or after resuming work from a previous meal break.

(b) Employees required to work through meal breaks must be paid at 200% of the minimum hourly rate for all time so worked until a meal break is allowed.

(c) Meal times may be altered or staggered by agreement between the employer and the majority of employees directly affected.

(d) Meal times must be taken at a time so as not to interfere with continuity of work.

16.2 Crib breaks—shiftworkers

(a) A crib break of 30 minutes must be allowed to each shift worker to be taken without deduction of pay.

(b) Employees may be required to take their crib at their workplace.

(c) Where a shiftworker is not relieved for crib and is unable to have a break of 30 minutes for crib within a period of 40 minutes from the time of commencing crib, the employee will be entitled to an additional 30 minutes’ pay at ordinary rates.

16.3 Breaks—field sector employees
In the case of field sector employees, breaks may be taken at times agreed between the employer and employee to meet the operational requirements of the business.
16.4 Rest break

(a) All employees must be allowed a 10 minute rest break in each half of the day and on Saturday morning overtime whenever they work more than 4 hours.

(b) Rest breaks will be taken at such times as will not interfere with the continuity of work where continuity is necessary.

(c) Rest breaks are to be counted as time worked.

(d) While rest breaks must not be eliminated, by mutual agreement between the employer and the majority of employees concerned, rest breaks may be taken in a manner which results in both rest breaks being combined and the day then being divided into 3 approximately equal working periods.

(e) In the case of bulk terminal employees the rest breaks will be for 15 minutes. At the request of the supervisor, the rest breaks may be combined into one 30 minute rest break and may also be joined with the meal break in clause 16.1 to make a combined break of one hour.

16.5 Meal breaks on overtime

(a) A day worker who is required to continue working at their usual work for more than one hour after the fixed finishing time must be allowed:

(i) a meal break of 30 minutes after the first hour worked; and

(ii) a meal break of 45 minutes after each further 4 hours worked,

without deduction of pay.

(b) An employee called out to work must be granted a meal break of 30 minutes after each 4 hours of work without deduction of pay.

(c) If an employee is called out to work overtime and is not notified of the requirement to work overtime in sufficient time to enable them to make arrangements for a meal or crib, a meal must be supplied free of charge provided the second and subsequent meals will be provided free of charge by the employer in all cases.

Part 4—Field Sector—Wages and Allowances

17. Minimum rates

17.1 The following rates apply to field, experiment stations and cane tester employees classified under Schedule A—Classification Definitions—Field :

Classification	Minimum weekly rate (full-time employee)	Minimum hourly rate	Single contract hourly rate¹
$	$	$
Cultivation/Cane Production (adult)
CPT (Inductee/Trainee)	747.90	19.68	22.63
CP1 (Level 1)	803.90	21.16	24.33
CP2 (Level 2)	831.70	21.89	25.17
Cane Haulage
CHAUT (Inductee/Trainee)	785.00	20.66	23.76
CHAU1 (Level 1)	803.90	21.16	24.33
CHAU2 (Level 2)	831.70	21.89	25.17
Cane Harvesting
CHART (Inductee/Trainee)	803.90	21.16	24.33
CHAR1 (Level 1)	831.70	21.89	25.17
CHAR2 (Level 2)	862.50	22.70	26.11
Cane Testers
CT1 (Level 1)	742.70	19.54	22.47
CT2 (Level 2)	788.40	20.75	23.86
CT3 (Level 3)	831.70	21.89	25.17
CT4 (Level 4)	883.20	23.24	26.73

¹Includes an additional 15% loading in accordance with clause 17.2.

NOTE: See Schedule D—Summary of Hourly Rates of Pay for a summary of hourly rates of pay, including overtime and penalty rates.

17.2 Single contract hourly rate

(a) Field sector employees may be engaged in writing on a single contract hourly rate basis and will be paid 115% of the minimum hourly rate and must be paid that rate for each and every hour of work, instead of the provisions of clause 15.2(c), irrespective of the number of hours worked per day or per pay period or the days of the pay period on which work is performed.

(b) The minimum hourly rate, for the purposes of clause 17, is the minimum hourly rate for the employee’s classification in clause 17.1.

(c) Employees employed on this basis will be entitled to all other entitlements contained in this award.

17.3 Piecework
Field sector employees may be engaged in writing on a piecework basis as follows:

(a) An agreement for piecework may be entered into between the employer and the individual employee for the performance of any work to be done under this award, and the pieceworker will receive a minimum piecework rate sufficient to equal the payment for the actual hours worked based on both ordinary time and overtime as the case may be, in the relevant pay period plus a loading of 20%.

(b) Each piecework agreement must be reviewed half way through the crushing season and at the end of the crushing season to ensure that the employee has received the full entitlements owing.

(c) Each piecework agreement must be in writing and signed by both parties and each employee will be supplied with a copy of such agreement free of charge and a copy of the mutual agreement will be provided to the employee’s representative, if any.

(d) The base rate of pay in relation to entitlements under the NES for an employee on a piecework rate is the minimum rate identified in clause 17 for the employee’s classification level.

(e) The full rate of pay in relation to entitlements under the NES for an employee on a piecework rate is the minimum rate identified in clause 17 for the employee’s classification level plus a loading of 20%.

(f) Casual employees may be engaged on a piecework basis in accordance with clause 17.3. Casual piecework employees are entitled to both the casual loading specified in clause 10.4(a) and the piecework loading specified in clause 17.3(a). Each loading is to be calculated on the minimum hourly rate identified in clause 17 for the employee’s classification level and not on a compounding basis.

(g) For the purposes of clause 17.3(f), the hourly rate of pay for casual piecework employees is the total of the following:

• the minimum hourly rate; and
• the casual loading of 25% of the minimum hourly rate; and
• the piecework loading of 20% of the minimum hourly rate,

for the employee’s classification level.
17.4 Junior rates—Cultivation/Cane Production
The minimum rate payable to juniors must be the following percentages of the minimum adult weekly rate corresponding to classification CP2 (Level 2).

Age	% of the minimum weekly rate for CP2 (Level 2)
Under 18 years	56
18–19 years	70

18. Allowances

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

18.1 Employers must pay to an employee the allowances the employee is entitled to under clause 18.

NOTE: See Schedule E—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
18.2 Wage-related allowances

(a) Work in water and cleaning drains

Employees must be paid an allowance of $1.01 per hour for time spent in cleaning drains where the water is over 76.2 cm in depth.
18.3 Expense-related allowances

(a) Vehicle allowance

An employee who reaches agreement with their employer to use their own motor vehicle on the employer’s business, must be paid $0.78 per kilometre travelled.
Part 5—Milling, Distillery, Refinery and Maintenance—Wages and Allowances

19. Minimum rates

19.1 The following rates apply to adult milling, distillery, refinery and maintenance employees classified under clause Schedule B—Classification Definitions—Milling, Distillery, Refinery and Maintenance:

Classification	Minimum weekly rate (full-time employee)	Minimum hourly rate
$	$
C14/L2	740.80	19.49
C13/L3	762.10	20.06
C12/L4	791.30	20.82
C11/L5	818.50	21.54
C10/L6	862.50	22.70
C9/L7	889.50	23.41
C8/L8	916.60	24.12
C7/L9	941.10	24.77
C6	988.80	26.02

NOTE 1: The rates for ordinary hourly in clause 19.1 and in tables D.2.1 and D.2.3 are calculated by dividing the minimum weekly rate by 38. Where an averaging system is worked in accordance with clause 15.3 so that ordinary hours which are greater than 38 are worked in the nominal crushing season (or other period) and ordinary hours which are less than 38 are worked in the nominal slack season (or other period), the minimum hourly rate for ordinary hours will be no less than the minimum weekly rate divided by the actual ordinary weekly hours worked in the relevant season or period. All of the penalty rates in the tables in D.2 are calculated based on dividing the weekly ordinary rate by 38.
NOTE 2: See Schedule D—Summary of Hourly Rates of Pay for a summary of hourly rates of pay, including overtime and penalty rates.

19.2 Classification definitions in Schedule B—Classification Definitions—Milling, Distillery, Refinery and Maintenance for C14 to C11 do not apply in sugar mills.

19.3 Method of work and payment for ordinary hours
For the purposes of an average 38 hour working week in sugar mills, employees will be provided with unpaid rostered days off during the nominal slack season. To accommodate rostered days off the method of working ordinary hours and the method of payment will be as follows:

(a) During the nominal slack season, as defined in clause 30.2, an employer will be deemed to have paid the minimum weekly rate prescribed if:

(i) in the case of an employee other than a seasonal employee or other than an employee deemed to be seasonal in clause 2—Definitions, the employee is paid a total of 2 weeks’ minimum pay over the 2 weeks’ cycle; and

(ii) in the case of seasonal employees and employees deemed to be seasonal as defined in clause 2—Definitions the employee is paid a total of 4 weeks’ minimum pay over the 4 weeks’ cycle.

(b) During the nominal slack season, as defined in clause 30.2, an employee other than a seasonal employee or other than an employee deemed to be seasonal in clause 2—Definitions will be paid for all ordinary hours worked each week at the weekly rate divided by 36 and seasonal employees and employees deemed to be seasonal in clause 2—Definitions will be paid for all ordinary hours worked each week at the weekly rate divided by 38.

(c) During the nominal crushing season as defined in clause 30.2, all employees will be paid for all ordinary hours worked each week at the weekly rate divided by 40.

(d) In no case will the average rate calculated in accordance with clause 19.3 be less than the relevant minimum hourly rate in clause 19.1.

19.4 Supervisor/Trainer/Coordinator
Minimum hourly rate for Supervisor/Trainer/Coordinator of milling, distillery, refinery or maintenance employees classified under clause Schedule B—Classification Definitions—Milling, Distillery, Refinery and Maintenance:

(a) Supervisor/Trainer/Coordinator Level I

The minimum hourly rate for a Supervisor/Trainer/Coordinator - Level I is that of their classification level calculated on the competencies they hold and use as required on the job or 104.3% of the standard rate per hour ($23.68) if the employee is not classified based on competencies.

(b) Supervisor/Trainer/Coordinator Level II

The minimum hourly rate for a Supervisor/Trainer/Coordinator - Level II is that of their classification level calculated on the competencies they hold and use as required on the job or 113.1% of the standard rate per hour ($25.67) if the employee is not classified based on competencies.

The minimum hourly rate for a Supervisor/Trainer/Coordinator - Technical, shall be not less than 107% of the minimum hourly rate applicable to the employee’s technical classification, providing that this does not result in double-counting supervisor, trainer or coordinator competencies that were part of the basis for the employee’s technical classification.
19.5 Junior rates

(a) The minimum rate payable to juniors must be the following percentages of the minimum adult weekly rate corresponding to classification level 2 (C14).

Age	% of the minimum weekly rate for level 2 (C14)
Employees less than 15 years of age	50
Employees at 15 years of age	65
Employees at 16 years of age	75
Employees at 17 years of age	90

(b) From 18 years of age, the minimum rate prescribed for adults must apply.

(c) Employees who are appointed to level C13/L3 or above must be paid the rate appropriate to that level.

(d) Junior employees must receive the respective percentage of the rates, including the full amount of any applicable allowances as provided for under this award.

19.6 Minimum rate for apprentices commencing or continuing an apprenticeship prior to 1 January 2014
The minimum rate for apprentices who commenced an apprenticeship prior to 1 January 2014 are, except as provided for in clause 19.8—Adult apprentice minimum rates, as set out in the following table:

Relevant rate for an apprentice at the time of entering into a training agreement
Stage of apprenticeship	Completed Year 10 or less	Completed Year 11	Completed Year 12	Adult (i.e. 21 years of age or over)
Stage 1	42% of the C10 trades rate	54.64% of the C13 rate	The relevant rate applicable to a trainee commencing after year 12 under National Training Wage Skill Level A.	National Training Wage Traineeship Skill Level B exit rate.
Stage 2	55% of the C10 trades rate	55% of the C10 trades rate	The relevant rate applicable to a trainee commencing at year 12 plus one year under National Training Wage Skill Level A.	C14 rate
Stage 3	75% of the C10 trades rate	75% of the C10 trades rate	75% of the C10 rate	C13 rate
Stage 4	88% of the C10 trades rate	88% of the C10 trades rate	C12 rate	C12 rate

19.7 Minimum rates for apprentices commencing an apprenticeship on and from 1 January 2014
The minimum rates for apprentices commencing an apprenticeship on and from 1 January 2014, except as provided for in clause 19.8—Adult apprentice minimum rates are as set out below (% are of the C10 rate at clause 19.1):

Column 1			Column 2			Column 3
Stage of apprenticeship	Has not completed year 12			Has completed year 12			Adult apprentice aged 21+
Stage of apprenticeship	%	Min weekly rate $	Hourly rate $	%	Min weekly rate $	Hourly rate $	%	Min weekly rate $	Hourly rate $
Stage 1	50	431.25	11.35	55	474.38	12.48	80	690.00	18.16
Stage 2	60	517.50	13.62	65	560.63	14.75	C14	740.80	19.49
Stage 3	75	646.88	17.02	75	646.88	17.02	C13	762.10	20.06
Stage 4	88	759.00	19.97	C12	791.30	20.82	C12	791.30	20.82

19.8 Adult apprentice minimum rates

(a) A person employed by an employer under this award immediately prior to entering into a training contract as an adult apprentice with that employer must not suffer a reduction in their minimum rate by virtue of entering into the training contract. For the purpose only of fixing a minimum rate, the adult apprentice must continue to receive the minimum rate that applies to the classification specified in clause 19 in which the adult apprentice was engaged immediately prior to entering into the training agreement.

(b) Clause 19.8 applies where the employee , immediately prior to entering into a training contract as an adult apprentice has been an employee in the enterprise for a minimum of 6 months full-time employment or 12 months part-time or regular and systematic casual employment.

19.9 Competency based progression

(a) The minimum rates for each stage of the apprenticeship are set out in clauses 19.6 to 19.8. The conditions for progression to each stage where the training plan provides for the completion of a relevant engineering tradesperson AQF III qualification are set out in the following table:

Stage of apprenticeship	Progression requirements
Stage 1	No entry requirements
Stage 2	An apprentice enters Stage 2: On attainment of 25% of the competencies required for the relevant AQF III certificate qualification specified in the training plan; or 12 months after commencing the apprenticeship (subject to clause 12.12), whichever is the earlier.
Stage 3	An apprentice enters Stage 3: On attainment of 50% of the competencies required for the relevant AQF III certificate qualification specified in the training plan; or 12 months after commencing Stage 2 (subject to clause 12.12), whichever is the earlier.
Stage 4	An apprentice enters Stage 3: On attainment of 75% of the competencies required for the relevant AQF III certificate qualification specified in the training plan; or 12 months after commencing Stage 3 (subject to clause 12.12), whichever is the earlier.

(b) For the purpose of competency based wage progression in clause 19.9(a) an apprentice will be paid at the relevant rate for the next stage of their apprenticeship if:

(i) competency has been achieved in the relevant proportion of the total units of competency specified in clause 19.9(a) for that stage of the apprenticeship. The units of competency which are included in the relevant proportion must be consistent with any requirements in the training plan; and

(ii) any requirements of the relevant State/Territory apprenticeship authority and any additional requirements of the relevant training package with respect to the demonstration of competency and any minimum necessary work experience requirements are met; and

(iii) either:

(A) the Registered Training Organisation (RTO), the employer and the apprentice agree that the abovementioned requirements have been met; or

(B) the employer has been provided with written advice that the RTO has assessed that the apprentice meets the abovementioned requirements in respect to all the relevant units of competency and the employer has not advised the RTO and the apprentice of any disagreement with that assessment within 21 days of receipt of the advice.

(c) If the employer disagrees with the assessment of the RTO referred to in clause 19.9(b)(iii)(B) above, and the dispute cannot be resolved by agreement between the RTO, the employer and the apprentice, the matter may be referred to the relevant State/Territory apprenticeship authority for determination. If the matter is not capable of being dealt with by such authority it may be dealt with in accordance with the dispute resolution clause in this award. For the avoidance of doubt, disputes concerning other apprenticeship progression provisions of this award may be dealt with in accordance with the dispute resolution clause.

(d) For the purposes of clause 19.9, the training package containing the qualification specified in the contract of training for the apprenticeship, sets out the assessment requirements for the attainment of the units of competency that make up the qualification. The definition of competency, for the purpose of the training packages and for the purpose of clause 19.9, is the consistent application of knowledge and skill to the standard of performance required in the workplace. It embodies the ability to transfer and apply skills and knowledge to new situations and environments.

(e) The apprentice will be paid the rate referred to in clause 19.9(b) from the first full pay period to commence on or after the date on which an agreement or determination is reached in accordance with clause 19.9(b)(iii) or on a date as determined under the dispute resolution process in clause 19.9(c).

20. Allowances

20.1 Employers must pay to an employee the allowances the employee is entitled to under clause 20.

NOTE: See Schedule E—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
20.2 Wage-related allowances

(a) Applying obnoxious substances

(i) An employee engaged in the preparation and/or the application of epoxy based materials or materials of a like nature including Swiftvulc paint must be paid an allowance of $0.79 per hour.

(ii) Where there is an absence of adequate natural ventilation the employer must provide ventilation by artificial means and/or supply an approved type of respirator. In addition, protective clothing must be supplied.

(iii) Proper washing facilities together with towels, soap and a plentiful supply of water must be provided by the employer, as required.

(iv) For the purpose of clause 20.2 all materials which include or require the addition of a catalyst hardener and reactive additives or 2 pack catalyst system will be deemed to be materials of a like nature.

(b) Asbestos

(i) Employees must be paid an allowance of $0.75 per hour when required to use materials containing asbestos or to work in close proximity to employees using those materials in connection with maintenance or replacement work.

(ii) Employees must be provided with and must use all necessary safeguards including wearing mandatory protective equipment (i.e. combination overalls and breathing equipment or similar apparatus).

Employees who during the crushing season are required to perform work below the level of the top catwalk in bagasse bins for periods of time in excess of those listed below are to be paid an additional 100% of the minimum hourly rate, for the actual time involved in such work on each occasion:

(i) During crushing operations—a minimum period of 10 minutes on any occasion.

(ii) During non-crushing operations—a minimum period of 20 minutes on any occasion.

Provided that the rates for wet, hot or noxious gas fumes, confined space and repair work in this award must not be paid in addition to this allowance.

(d) Boiler cleaning—engine driver

(i) An engine driver must be paid an allowance of $1.86 per hour when engaged in cleaning or scraping work inside the gas or water space of any boiler, flue or economiser.

(ii) This rate applies instead of the special rates for hot places, wet places, confined spaces, dirty work and boiler repairs.

(e) Brick cutting

Employees using a brick cutting machine must be paid an allowance of $0.58 per hour whilst so engaged.

(f) Carting and/or handling cement

(i) Employees engaged in carting and/or handling cement must be paid an allowance of $3.53 per day in addition to their ordinary rate whilst so engaged.

(ii) This will not apply when quantities of less than 508 kg are carted or handled.

(g) Chimney stacks

Employees engaged on cleaning and tarring or painting chimney stacks must be supplied with overalls and must be paid an allowance of

(i) $4.71 for the first 4 hours or any portion thereof; and

(ii) $0.96 for each hour thereafter,

on any day whilst so engaged.

(h) Chipping rollers

Employees chipping rollers with pneumatic chisels must be paid $0.85 per hour above the rates prescribed for general mill workers with a minimum additional payment of $4.34 per day whilst so engaged.

(i) Cleaner, greaser or oiler

If a cleaner, greaser or oiler sometimes under the supervision of an engine driver stops or starts an engine they must be paid an allowance of $33.60 per week.

(j) Cleaning dirty machinery

Employees must be paid an allowance of $0.58 per hour when required to clean by hand or while assisting to dismantle before cleaning, gear and/or cog wheels, engine or roller beds.

(k) Cleaning molasses tanks

Employees must be paid an allowance of $0.58 per hour when engaged in cleaning out molasses tanks from the inside.

(l) Cleaning under carrier

Employees must be paid an allowance of $0.58 per hour when required to clean under the carrier.

(m) Confined spaces

An allowance of $0.79 per hour will be paid to employees required to carry out maintenance or cleaning inside the following when they are enclosed: cold mill boilers, combustion chambers, water drums of boilers, fire boxes, flues, vapour pipes, the base of chimney stacks, flywheel or gearing pits, condensers, effets, evaporators, vacuum pans, clarifiers, mud tanks, filter drums, effet supply tanks, lime tanks, or lime mixer barrels, drier drums, distributors, crystalliser and fugals or fugal baskets.

(n) Employees handling building blocks

Employees employed handling blocks (other than cindicrete blocks for plugging purposes) must be paid additional amounts as follows:

(i) for blocks over 5.5 kg and up to 9 kg—$0.65 per hour;

(ii) over 9 kg and up to 18 kg—$1.12 per hour;

(iii) over 18 kg—$1.62 per hour.

An employee will not be required to lift a building block in excess of 20 kg in weight unless such employee is provided with mechanical aid or with an assisting employee.

(o) First aid

Any appropriately qualified employee rostered by the employer to perform first aid duty must be paid a weekly allowance of $13.53.

(p) Grinding shredder hammer

Employees must be paid an allowance of $0.51 per hour when required to grind shredder hammers after such hammers have been re-tipped with Hardex weld, with a minimum payment of 4 hours.

(q) Handling molasses

Employees must be paid an allowance of $0.63 per hour when handling molasses in drums where the molasses has spilt so that the employee’s clothes become appreciably contaminated.

(r) Height money

(i) Employees must be paid an allowance of $0.38 per hour when required to perform work at a height of between 15.24 and 22.86 metres above the ground or low water level or nearest horizontal plane.

(ii) Employees must be paid an allowance of $0.58 per hour when required to perform work at a height of more than 22.86 metres above the ground or low water level or nearest horizontal plane.

(s) High pressure cleaning machines

Employees must be paid an allowance of $0.58 per hour when operating high pressure cleaning machines for the cleaning of dirty machinery or operating degreasing machines.

(t) Hot work etc.

(i) Employees must be paid an additional 100% of the minimum hourly rate for the actual time spent on cleaning or maintenance work inside:

• hot effets;
• hot flues;
• hot vacuum pans;
• hot boilers;
• hot combustion chambers; or
• hot fire boxes of mill boilers,

where the ambient temperature, having been raised by artificial means, is 45 degrees Celsius or more.

(ii) Employees will perform such work for 10 minutes on each occasion the work is performed before the additional rate applies.

(iii) Employees will not be paid this allowance for recovery time or for time spent working as a member of a crew outside the hot place.

(iv) This allowance will be instead of any other provision relating to hot work, unpleasant conditions, confined spaces, repair work, dirty work, or wet work.

(u) Crushing season—juice superheaters

(i) Employees must be paid an allowance of $0.77 per hour when manually cleaning juicing superheaters with brushes on weekdays during the crushing season.

(ii) Provided that this allowance will not be paid when superheaters are cleaned with chemicals.

(v) Insulation work

(i) An employee must be paid an allowance of $0.79 per hour when working in a dust laden atmosphere caused by using materials for insulating, deafening or pugging work. For example, when pumice, charcoal, or any other substitute, including cork and sawdust is used or when working on insulating work in an average temperature of 7 degrees Celsius or under.

(ii) An employee must be paid an allowance of $0.75 per hour while employed on work involving handling charcoal, pumice, slagwool, insulwool or other loose material of a like nature used in the construction, repair or demolition of roofing, flooring, walls or partitions, for providing insulation against heat, cold or noise.

(3) Employees must be provided with gloves and paid an allowance of $0.79 per hour in addition to the rates prescribed while engaged in using hot bitumen or fixing insulation materials with hot bitumen.

(w) Lagging steam pipes

Employees engaged in lagging steam pipes or steam vessels must be paid an allowance of $0.58 per hour.

(x) Operating jackhammers, etc.

Employees engaged in operating jackhammers, or manually operated pneumatic tampers or spikers must be paid an allowance of $0.58 per hour with a minimum additional payment of $2.98 per day.

(y) Pressure welding allowance

An employee who is required to perform pressure welding must be paid an allowance of $28.82 per week while so engaged. The allowance will be paid on a daily basis on any day an employee is required to perform pressure welding.

(z) Re-bagging lime

(i) General mill workers required to re-bag burst bags of lime will be paid an allowance of $0.63 per hour with a minimum of one hour.

(ii) All employees engaged in the hand shovelling of lime or in handling bagged lime will be paid an allowance of $0.63 per hour, but this allowance will not apply to employees classified as lime handlers.

(aa) Repair work

Tradespersons must be paid an allowance of $0.80 per hour when engaged in repairs and alterations to old work only, notwithstanding that new material may have to be used for the purpose. Nothing extra may be claimed for dirty work.

(bb) Shot blast or sand blast

An employee must be paid an allowance of $0.58 per hour when engaged in working the shot blast or sand blast.

(cc) Spot welding mill rollers

(i) Employees must be paid an allowance of $4.51 per hour when engaged in spot welding mill rollers in operation while crushing is in progress.

(ii) Employees must be paid an allowance of $2.26 per hour when engaged in spot welding mill rollers during the crushing season while crushing operations are not in progress.

(iii) Employees must be paid an allowance of $2.30 per hour when engaged in automatic spot welding of mill rollers during the crushing season while crushing is in progress.

(iv) Employees must be paid an allowance of $1.15 per hour when engaged in automatic spot welding of mill rollers during the crushing season while crushing operations are not in progress.

(v) The allowance for repair work will not be payable where the allowances in clause 20.2(cc) are payable.

(vi) Where the allowances for automatic and manual spot welding of mill rollers would otherwise apply, the higher rates only must apply.

(dd) Work in rain

When employees are required to work in rain they must be paid an additional 100% of the minimum hourly rate for all time so worked until such time as they finish work or are able to change into dry clothing, unless they are provided with waterproof clothing.

(ee) Work in water and cleaning drains

Employees must be paid an allowance of $0.51 per hour when required to work in water of a depth of 76.2 cm or more.
20.3 Expense-related allowances

(a) Meal allowances

Where there is an entitlement to a meal on overtime and none is available from the employer, the meal allowance of $14.70 must be paid.

(b) Tool allowance

A tool allowance of $22.35 per week must be paid to tradespersons who are required to supply and use their own tools.

(i) Subject to clause 20.3(b) the employer must supply to apprentices referred to in clause 12 of this award, all tools ordinarily required for the apprentices to perform their work, (Apprentice Tool Pack). Such Apprentice Tool Packs must be for no less than the retail price than set out in the following table:

Apprenticeship type	Annual value of tools	Total retail value of tools
$	$
Engineering Tradesperson (Electrical)	450.00	1800.00
Engineering Tradesperson (Electronic)	450.00	1800.00
Engineering Tradesperson (Fabrication)	337.50	1350.00
Engineering Tradesperson (Mechanical)	450.00	1800.00
Higher Engineering Tradesperson	450.00	2250.00
Systems Electrician	450.00	1800.00
Assembly and Servicing Tradesperson - Electrical	450.00	1800.00
Instrumentation Tradesperson	450.00	1800.00
Refrigeration and Air Conditioning Tradesperson	450.00	1800.00
Systems and Instrumentation Tradesperson	450.00	1800.00
Electricity Supply Tradesperson	450.00	1800.00
Other tradesperson	337.50	1350.00

E.1.2 Adjustment of wage-related allowances
Wage-related allowances are adjusted in accordance with increases to wages and are based on a percentage of the standard rate as specified.
E.2 Expense-related allowances
E.2.1 The following expense-related allowances will be payable to employees in accordance with clauses 18.3, 20.3 and 22.3:

Allowance	Clause	$	Payable
Field sector
Vehicle allowance	18.3(a)	0.78	per km
Milling, distillery, refinery and maintenance
Meal allowance—overtime	20.3(a)	14.70	per occasion
Tool allowance—tradespersons	20.3(b)	22.35	per week
Vehicle allowance	20.3(d)	0.78	per km
Bulk sugar terminal operations
Meal allowance—overtime	22.3(a)	18.42	per occasion
Tool allowance—tradespersons	22.3(b)	24.77	per week
Vehicle allowance	22.3(c)	0.78	per km

E.2.2 Adjustment of expense-related allowances

(a) At the time of any adjustment to the standard rate, each expense related allowance relevant to each industry sector will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:

Allowance	Applicable Consumer Price Index figure
Meal allowance	Take away and fast foods sub-group
Tool allowance	Tools and equipment for house and garden component of the household appliances, utensils and tools sub-group
Vehicle allowance	Private motoring sub-group

Schedule F—School-based Apprentices
F.1 This schedule applies to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.
F.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training contract for an apprentice declared or recognised by the relevant State or Territory authority.
F.3 The relevant minimum wages for full-time junior and adult apprentices provided for in this award, calculated hourly, will apply to school-based apprentices for total hours worked including time deemed to be spent in off-the-job training.
F.4 For the purposes of clause F.3, where an apprentice is a full-time school student, the time spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.
F.5 A school-based apprentice must be allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.
F.6 For the purposes of this schedule, off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.
F.7 The duration of the apprenticeship must be as specified in the training contract for each apprentice but must not exceed 6 years.
F.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each 2 years of employment as an apprentice or at the rate of competency based progression.
F.9 The apprentice wage scales are based on a standard full-time apprenticeship of 4 years (unless the apprenticeship is of 3 years duration) or stages of competency based progression. The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.
F.10 If an apprentice converts from school-based to full-time, the successful completion of competencies and all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.
F.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.

Schedule G—Supported Wage System
G.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
G.2 In this schedule:
approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system.
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme.
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged.
supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website:
SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate.
G.3 Eligibility criteria
G.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
G.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
G.4 Supported wage rates
G.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:

Assessed capacity (clause G.5) %	Relevant minimum wage %
10	10
20	20
30	30
40	40
50	50
60	60
70	70
80	80
90	90

G.4.2 Provided that the minimum amount payable must be not less than $87 per week.
G.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
G.5 Assessment of capacity
G.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
G.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
G.6 Lodgement of SWS wage assessment agreement
G.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
G.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
G.7 Review of assessment

The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the SWS.

G.8 Other terms and conditions of employment

Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.

G.9 Workplace adjustment

An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.

G.10 Trial period
G.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.
G.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
G.10.3 The minimum amount payable to the employee during the trial period must be no less than $87 per week.
G.10.4 Work trials should include induction or training as appropriate to the job being trialled.
G.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause G.5.
Schedule H
—National Training Wage
H.1 Definitions
H.1.1 In this schedule:
adult trainee means a trainee who would qualify for the highest minimum wage in wage level A, B or C if covered by that wage level.
approved training, in relation to a trainee, means the training specified in the training contract of the trainee.
Australian Qualifications Framework (AQF) means the national framework for qualifications in post-compulsory education and training.
relevant State or Territory training authority means a body in the relevant State or Territory that has power to approve traineeships, and to register training contracts, under the relevant State or Territory vocational education and training legislation.
relevant State or Territory vocational education and training legislation means the following or any successor legislation:
Apprenticeship and Traineeship Act 2001 (NSW);
Education and Training Reform Act 2006 (Vic);
Training and Skills Development Act 2008 (SA);
Training and Skills Development Act 2016 (NT);
Training and Tertiary Education Act 2003 (ACT);
Training and Workforce Development Act 2013 (Tas);
Vocational Education and Training Act 1996 (WA);
Further Education and Training Act 2014 (Qld).
trainee means an employee undertaking a traineeship under a training contract.
traineeship means a system of training that:

(a) has been approved by the relevant State or Territory training authority; and

(b) meets the requirements of a training package developed by the relevant Skills Service Organisation and endorsed by the Australian Industry and Skills Committee; and

(c) leads to an AQF certificate level qualification.

training contract means an agreement for a traineeship made between an employer and an employee that is registered by the relevant State or Territory training authority.
training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification that have been endorsed for an industry or enterprise by the Australian Industry and Skills Committee.
wage level A, B or C see clause H.4.
Year 10 includes any year before Year 10.
H.1.2 A reference in this schedule to out of school refers only to periods out of school beyond Year 10 as at 1 January in each year and is taken to:

(a) include any period of schooling beyond Year 10 that was not part of, or did not contribute to, a completed year of schooling; and

(b) include any period during which a trainee repeats, in whole or part, a year of schooling beyond Year 10; and

(c) not include any period during a calendar year after the completion during that year of a year of schooling.

H.2 Coverage
H.2.1 Subject to clauses H.2.2 to H.2.5, this schedule applies to an employee covered by this award who is undertaking a traineeship and whose training package and AQF certificate level are allocated to a wage level by clause H.6 or by clause H.4.4.
H.2.2 This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in clause H.6.
H.2.3 This schedule does not apply to:

(a) the apprenticeship system; or
(b) qualifications not identified in training packages; or
(c) qualifications in training packages that are not identified as appropriate for a traineeship.

H.2.4 If this schedule is inconsistent with other provisions of this award relating to traineeships, the other provisions prevail.
H.2.5 This schedule ceases to apply to an employee at the end of the traineeship.
H.3 Types of traineeship
The following types of traineeship are available:
H.3.1 A full-time traineeship based on 38 ordinary hours per week, with 20% of those hours being approved training;
H.3.2 A part-time traineeship based on fewer than 38 ordinary hours per week, with 20% of those hours being approved training provided:

(a) wholly on the job; or
(b) partly on the job and partly off the job; or
(c) wholly off the job.

H.4 Minimum rates
H.4.1 Minimum weekly rates for full-time traineeships

(a) Wage level A

The minimum rate for a full-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level A by clause H.6.1 is the weekly rate specified in column 2 of Table 1—Wage level A minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship)according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in column 1.
Table 1—Wage level A minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship)

Column 1 Experience level of trainee	Column 2 Highest year of schooling completed
Year 10	Year 11	Year 12
per week	per week	per week
$	$	$
School leaver	332.80	366.50	436.60
Plus 1 year out of school	366.50	436.60	508.10
Plus 2 years out of school	436.60	508.10	591.30
Plus 3 years out of school	508.10	591.30	677.00
Plus 4 years out of school	591.30	677.00
Plus 5 or more years out of school	677.00

NOTE: See clause H.4.3 for other minimum wage provisions that affect clause H.4.1.

(b) Wage Level B

The minimum rate for a full-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level B by clause H.6.2 is the weekly rate specified in Column 2 of Table 2—Wage level B minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in Column 1.

Table 2—Wage level B minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship)

Column 1 Experience level of trainee	Column 2 Highest year of schooling completed
Year 10	Year 11	Year 12
per week	per week	per week
$	$	$
School leaver	332.80	366.50	424.80
Plus 1 year out of school	366.50	424.80	488.60
Plus 2 years out of school	424.80	488.60	573.10
Plus 3 years out of school	488.60	573.10	653.70
Plus 4 years out of school	573.10	653.70
Plus 5 or more years out of school	653.70

NOTE: See clause H.4.3 for other minimum wage provisions that affect clause H.4.1.

The minimum rate for a full-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level C by clause H.6.3 is the weekly rate specified in Column 2 of Table 3—Wage level C minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in Column 1.
Table 3—Wage level C minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship)

Column 1 Experience level of trainee	Column 2 Highest year of schooling completed
Year 10	Year 11	Year 12
per week	per week	per week
$	$	$
School leaver	332.80	366.50	424.80
Plus 1 year out of school	366.50	424.80	478.20
Plus 2 years out of school	424.80	478.20	534.30
Plus 3 years out of school	478.20	534.30	595.20
Plus 4 years out of school	534.30	595.20
Plus 5 or more years out of school	595.20

NOTE: See clause H.4.3 for other minimum wage provisions that affect clause H.4.1.

(d) AQF Certificate Level IV traineeships

(i) The minimum rate for a full-time trainee undertaking an AQF Certificate Level IV traineeship is the minimum rate for the relevant full-time AQF Certificate Level III traineeship increased by 3.8%.
(ii) The minimum rate for a full-time adult trainee undertaking an AQF Certificate Level IV traineeship is the weekly rate specified in column 2 or 3 of Table 4—Wage level B minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship) according to the year of the traineeship specified in those columns and the relevant wage level for the relevant AQF Certificate Level III traineeship specified in column 1:

Table 4—Wage level B minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship)

Column 1 Wage level	Column 2 First year of traineeship	Column 3 Second and subsequent years of traineeship
per week	per week
$	$
A	703.20	730.40
B	678.40	704.40
C	617.40	640.70

NOTE: See clause H.4.3 for other minimum wage provisions that affect clause H.4.1.
H.4.2 Minimum hourly rates for part-time traineeships

(a) Wage level A

The minimum hourly rate for a part-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level A by clause H.6.1 is the hourly rate specified in column 2 of Table 6—Wage level B minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in column 1.
Table 5—Wage level A minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship)

Column 1 Experience level of trainee	Column 2 Highest year of schooling completed
Year 10	Year 11	Year 12
per hour	per hour	per hour
$	$	$
School leaver	10.95	12.07	14.37
Plus 1 year out of school	12.07	14.37	16.37
Plus 2 years out of school	14.37	16.73	19.45
Plus 3 years out of school	16.73	19.45	22.26
Plus 4 years out of school	19.45	22.26
Plus 5 or more years out of school	22.26