FAIR WORK COMMISSION - Sch. 5, Item 6 - Review of all modern awards (other than modern enterprise and State PS awards) after first 2 years
[2013] FWC 6248
•28 AUGUST 2013
[2013] FWC 6248
The attached document replaces the document previously issued with the above code on 28 August 2013.
Attachments A to E are now added.
Melissa Nassios
Associate to Commissioner Roe
Dated 6 September 2013
[2013] FWC 6248 |
FAIR WORK COMMISSION |
STATEMENT |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 5, Item 6 - Review of all modern awards (other than modern enterprise and State PS awards) after first 2 years
Modern Awards Review 2012—Apprentices, Trainees and Juniors
(AM2012/18 and others)
COMMISSIONER ROE | MELBOURNE, 28 AUGUST 2013 |
Transitional review of awards - applications relating to apprentices, trainees and junior rates - non-common matters.
[1] A conference will be held before Commissioner Roe on Thursday 19 September at 10am in Sydney.
[2] The conference will concern applications filed as part of the two year review of all modern awards with respect to apprentices, trainees and juniors which have been referred to the Full Bench. Specifically, the conference will deal with applications that arguably have not been considered by the Full Bench in its decision of 22 August 2013 regarding the common claims ([2013] FWCFB 5411). The parties should note that matter AM2012/196 (an application by the SDA) is the subject of separate proceedings and therefore will not be discussed at the conference.
[3] The attached document separates and summarises the applications as set out below. The parties should note that where an application seeks more than one variation regarding apprentices, trainees or juniors, that application may be dealt with in more than one attachment. Should an interested party find the omission of an application (or part thereof), which it believes ought to be included in the Full Bench’s consideration of non-common claims, written advice should be provided to Commissioner Roe’s chambers as soon as possible.
[4] To assist the parties, the Commissioner will deal with the matters set out in attachments A, B and C in the morning. The matters listed in attachments D and E will be dealt with from 2pm onwards.
[5] To assist the conference process GTA is requested to provide a written report in respect to the matters in Attachment B by 12 September 2013.
[6] To assist the conference process the Applicant in some of the other matters listed is requested to provide a brief written outline in support of their Application by 12 September 2013. This applies to the Applications in Attachment D and E (except for AM2012/202) and the following matters in Attachment C: AM2012/66, AM2012/14 and AM2012/178
In respect of Attachment A
The Commissioner has a formed a preliminary view regarding the applications listed at attachment A. In the Commissioner’s opinion, those applications fall into one of the following categories:
● The application(s) should be dismissed because they are no longer being pursued; or
● The application(s) have been subsumed by the decision with respect to the common claims; or
● The application(s) should be resolved through the settlement of orders process that is to be undertaken with respect to the common claims (see paragraphs [496] and [497] of that decision); or
● The application(s) may be non-controversial or involve technical amendments.
The Commissioner intends to report back to the Full Bench with respect to the matters listed in attachment A such that those applications can be finalised at the same time as the finalisation of the applications dealt with in the common claims decision. At the conference listed on 19 September, the Commissioner will seek the views of the parties as to whether the matters in attachment A are correctly classified. The Commissioner requests that if there are any concerns regarding this classification, such matters be identified prior to or at the conference.
An index of the applications in attachment A is below. The parties should refer to the attachment for a complete summary of the relevant applications.
Matter Number | Applicant | Modern Award |
AM2012/18 | Queensland Training and Employment Recognition Council | All modern awards |
AM2012/140 | AMWU | Black Coal Mining Industry Award 2010 |
AM2012/48 | MBA | Building and Construction General On-Site Award 2010 |
AM2012/226 | HIA | Building and Construction General On-Site Award 2010 |
AM2012/160 | CEPU | Building and Construction General On-Site Award 2010 |
AM2012/157 | CEPU | Electrical, Electronic and Communications Contracting Award 2010 |
AM2012/161 | NECA | Electrical, Electronic and Communications Contracting Award 2010 |
AM2012/178 | Baking Industry Association of QLD | Food, Beverage and Tobacco Manufacturing Award 2010 |
AM2012/177 | Baking Industry Association of QLD | General Retail Industry Award 2010 |
AM2012/141 | AMWU | Graphic Arts, Printing and Publishing Award 2010 |
AM2012/110 | AMWU and NTEU | Higher Education Industry - General Staff - Award 2010 |
AM2012/24 | United Voice | Hospitality Industry (General) Award 2010 |
AM2012/168 | NSW USU | Local Government Industry Award 2010 |
AM2012/109 | AMWU | Manufacturing and Associated Industries and Occupations Award 2010 |
AM2012/76 | Ai Group | Manufacturing and Associated Industries and Occupations Award 2010 |
AM2012/164 | AMIC | Meat Industry Award 2010 |
AM2012/202 | MPA | Plumbing and Fire Sprinklers Award 2010 |
AM2012/199 | MPA NSW | Plumbing and Fire Sprinklers Award 2010 |
AM2012/152 | AMWU | Sugar Industry Award 2010 |
AM2012/53 | MTA NSW | Vehicle Manufacturing, Repair, Services and Retail Award 2010 |
AM2012/257 | AMWU | Vehicle Manufacturing, Repair, Services and Retail Award 2010 |
AM2012/271 | Business SA | Wine Industry Award 2010 |
In respect of Attachment B
Attachment B summarises applications filed by Group Training Australia (GTA) with respect to the insertion of apprentice rates and/or provisions concerning group training.
The Commissioner requests that GTA provide a report prior to the conference on the progress of discussions with affected parties with respect to these applications. Following the conference the Commissioner proposes to provide a period of one week for interested parties to indicate if they have any opposition to the GTA proposals, as modified by the report, and to outline the nature of their opposition. A further conference will be convened shortly afterwards to enable a report to be finalised for the Full Bench.
An index of the applications in attachment B is below. The parties should refer to the attachment for a complete summary of the relevant applications.
Matter Number | Modern Award |
AM2012/60 | Aged Care Award |
AM2012/59 | Fast Food Industry Award 2010 |
AM2012/58 | Health Professional and Support Services Award 2010 |
AM2012/61 | Higher Education Industry - General Staff - Award 2010 |
AM2012/55 | Labour Market Assistance Industry Award 2010 |
AM2012/54 | Nurses Award 2010 |
AM2012/57 | Social, Community, Home Care and Disability Services Industry Award 2010 |
AM2012/56 | Surveying Award 2010 |
In respect of Attachment C
Attachment C summarises applications with respect to junior rates.
The Commissioner requests that interested parties indicate at or prior to the conference if they have any opposition to the proposed variations and the nature of that opposition. If at the conference it appears that the matter will be reasonably straightforward a further conference may be scheduled to finalise a report to the Full Bench. In the alternative directions may be issued for the filing of submissions and evidence prior to a further conference(s) with respect to a particular application or applications.
The parties should note that matter AM2012/109, to the extent that it seeks a variation to junior rates, will not be dealt with at the conference listed on 19 September, and the above request does not apply to it. It is proposed that this matter be deferred until after a decision is issued regarding matter AM2012/196.
An index of the applications in attachment C is below. The parties should refer to the attachment for a complete summary of the relevant applications.
Matter Number | Applicant | Modern Award |
AM2012/66 | South Australian Oyster Growers Association | Aquaculture Industry Award 2010 |
AM2012/14 | Pacific Reef Fisheries (Australia) Pty Ltd | Aquaculture Industry Award 2010 |
AM2012/50 | The Hoyts Corporation Pty Ltd | Broadcasting and Recorded Entertainment Award 2010 |
AM2012/178 | Baking Industry Association of QLD | Food, Beverage and Tobacco Manufacturing Award 2010 |
AM2012/109 | AMWU | Manufacturing and Associated Industries and Occupations Award 2010 |
AM2012/144 | Australian Football League | Sporting Organisations Award 2010 |
In respect Attachment D
Attachment D summarises applications relating to trainees.
The Commissioner requests that interested parties indicate at or prior to the conference if they have any opposition to the proposed variations and the nature of that opposition. If at the conference it appears that the matter will be reasonably straightforward a further conference may be scheduled to finalise a report to the Full Bench. In the alternative directions may be issued for the filing of submissions and evidence prior to a further conference(s) in respect to a particular application or applications.
An index of the applications in attachment D is below. The parties should refer to the attachment for a complete summary of the relevant applications.
Matter Number | Applicant | Modern Award |
AM2012/340 | MBA | Building and Construction General On-Site Award 2010 |
AM2012/129 | CFMEU | Building and Construction General On-Site Award 2010 |
AM2012/52 | MTA NSW | Clerks - Private Sector Award 2010 |
AM2012/8 | NRA | General Retail Industry Award 2010 |
AM2012/172 | Hair and Beauty Industry Association | Hair and Beauty Industry Award 2010 |
AM2012/287 | Hair and Beauty Australia | Hair and Beauty Industry Award 2010 |
AM2012/127 | CFMEU | Joinery and Building Trades Award 2010 |
AM2012/344 | Ai Group | Mobile Crane Hiring Award 2010 |
AM2012/64 | CFMEU | Timber Industry Award |
AM2012/53 | MTA NSW | Vehicle Manufacturing, Repair, Services and Retail Award 2010 |
In respect of Attachment E
Attachment E summarises applications that have not been dealt with in applications A - D.
The Commissioner requests that interested parties indicate at or prior to the conference if they have any opposition to the proposed variations and the nature of that opposition. If at the conference it appears that the matter will be reasonably straightforward a further conference may be scheduled to finalise a report for the Full Bench. In the alternative, directions may be issued for the filing of submissions and evidence prior to a further conference(s) with respect to a particular application or applications.
An index of the applications in attachment E is below. The parties should refer to the attachment for a complete summary of the relevant applications.
Matter Number | Applicant | Modern Award |
AM2012/50 | The Hoyts Corporation Pty Ltd | Broadcasting and Recorded Entertainment Award 2010 |
AM2012/184 | ECA | Electrical, Electronic and Communications Contracting Award 2010 |
AM2012/287 | Hair and Beauty Australia | Hair and Beauty Industry Award 2010 |
AM2012/24 | United Voice | Hospitality Industry (General) Award 2010 |
AM2012/202 | MPA | Plumbing and Fire Sprinklers Award 2010 |
AM2012/183 | CEPU Plumbing Division | Plumbing and Fire Sprinklers Award 2010 |
AM2012/199 | MPA NSW | Plumbing and Fire Sprinklers Award 2010 |
Common Claims
For completeness I note that the following applications were dealt with in their entirety by the Full Bench in its consideration of the common claims:
Matter Number | Applicant | Modern Award |
AM2012/128 | Ai Group | All modern awards that contain the National Training Wage Schedule |
AM2012/135 | ACTU | Various modern awards |
AM2012/107 | AMWU | Airline Operations - Ground Staff Award 2010 |
AM2012/282 | NUW | Airline Operations - Ground Staff Award 2010 |
AM2012/159 | CEPU | Electrical Power Industry Award 2010 |
AM2012/155 | CEPU and CPSU | Telecommunications Services Award 2010 |
AM2012/273 | TCFU | Textiles, Clothing, Footwear and Associated Industries Award 2010 |
COMMISSIONER
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Apprentices, Trainees and Juniors Non-Common Claims – Attachment A
This table summarises applications about which Commissioner Roe has formed a preliminary view as outlined in the Commissioner’s statement dated 28 August 2013.
Application | Clause Number and Context | Current Clause | Variation Sought | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
All modern awards | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/18 Queensland - Training and Employment Recognition Council | Applicant no longer pursuing application. See correspondence from Skills Queensland, dated 20 November 2012 | Insert a National Training Wage and Conditions schedule for apprentices in all modern awards. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Black Coal Mining Industry Award 2010 (MA00001) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/140 AMWU | 11.5. School-based apprentices This variation was included in the ACTU table of draft variations sought (ACTU8). See para [496] - [497] of the common claims decision. | 11.5 For the purposes of clause 11.4, off-the-job training is structured training delivered by a registered training organisation as specified in the training plan associated with the training agreement which is separate from normal work duties or general supervised practice undertaken on-the-job. | Delete references to “training agreement” and replace with “training contract”: 11.5 For the purposes of clause 11.4, off-the-job training is structured training delivered by a registered training organisation as specified in the training plan associated with the training | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/140 AMWU | 11.6. School-based apprentices This variation was included in the ACTU table of draft variations sought (ACTU8). See para [496] - [497] of the common claims decision. | 11.6 The duration of the apprenticeship is as specified in the training agreement. The period so specified to which apprentice wages apply must not exceed six years. | Delete references to “training agreement” and replace with “training contract”: 11.6 The duration of the apprenticeship is as specified in the training | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Building and Construction General On-Site Award 2010 (MA000020) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/48 Master Builders Australia | 15.1(c) Apprentices – Definitions | 15.1(c) An apprenticeship is a system of structured on-the-job training with an employer and off-the-job training with an approved training provider accessed through a contract of training. | Replace “approved training provider” with “Registered Training Organisation”: 15.1(c) An apprenticeship is a system of structured on-the-job training with an employer and off-the-job training with a | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/48 Master Builders Australia | 15.1(e) Apprentices – Definitions | 15.1(e) An approved training provider is a Technical and Further Education College or other training provider accredited by the appropriate State or Territory training authority. | Replace the definition of “approved training provider” with: 15.1(e) Registered Training Organisation means a training organisation registered by the Australian Skills Quality Authority, or under state or territory legislation; | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/48 Master Builders Australia | 15.3(c) Apprentices - Overtime and shiftwork | 15.3(c) No apprentice will, except in an emergency, work or be required to work overtime or shiftwork at times which would prevent their attendance at technical school as required by any statute, award or regulation applicable to them. | Replace “technical school” with “Registered Training Organisations”: 15.3(c) No apprentice will, except in an emergency, work or be required to work overtime or shiftwork at times which would prevent their attendance at | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/48 Master Builders Australia | 15.6 Apprentices - Attendance at technical schools | 15.6 Attendance at technical schools Apprentices attending technical colleges or schools and presenting reports of satisfactory progress must be reimbursed all fees paid by them in respect of their apprentice training. | Replace “technical colleges or schools” with “Registered Training Organisations”: 15.6 Attendance at Apprentices attending | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/48 Master Builders Australia | 36.7 Overtime | 36.7 Except in an emergency, no trainee will work or be required to work overtime or shiftwork at times which would prevent the employee’s attendance at a training facility, as required by any statute, award or regulation. | Replace “training facility” with “Registered Training Organisation”: 36.7 Except in an emergency, no trainee will work or be required to work overtime or shiftwork at times which would prevent the employee’s attendance at a | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/48 Master Builders Australia | Interaction of the award with State and Territory legislation and clause 15.2(a) Apprentices – conditions of employment. Query whether this aspect of MBA’s application is subsumed by the common claims decision. | General review of the award to the extent that there may be overlap with State and Territory training arrangements. Master Builders submits that the award should only provide basic terms and conditions, but not affect those matters which are already regulated under State and Territory vocational laws. Alternatively, if this matter is not generally litigated, insert a new clause 15.2(a) and renumber subsequent clauses: 15. Apprentices 15.2 Conditions of employment (a) In any State or Territory in which any statute or regulation relating to apprentices is in force, that statute or 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. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/48 Master Builders Australia | 15.2(c) Apprentices - Conditions of employment Query whether this aspect of MBA’s application has been considered under the CFMEU’s application (AM2012/129) which was heard as part of the claims. | 15.2(c) Notice of termination and redundancy provisions do not apply to apprentices, provided that where the employment of an apprentice by an employer is continued after the completion of the apprenticeship, the period of the apprenticeship will be counted as service for the purposes of the award and long service leave entitlements and in the event that an apprentice is terminated at the end of their apprenticeship and is re-engaged by the same employer within six months of such termination, the period of the apprenticeship will be counted as service in determining any future termination entitlements. | Consider validity of clause 15.5(c) with reference to s.123(1)(d) of the Fair Work Act 2009 (NES notice of termination provisions). | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/226 Housing Industry Association | 15.2(d) Apprentices - Conditions of employment Query whether this aspect of HIA’s application has been considered under the CFMEU’s application (AM2012/129) which was heard as part of the claims. | 15.2(c) Notice of termination and redundancy provisions do not apply to apprentices, provided that where the employment of an apprentice by an employer is continued after the completion of the apprenticeship, the period of the apprenticeship will be counted as service for the purposes of the award and long service leave entitlements and in the event that an apprentice is terminated at the end of their apprenticeship and is re-engaged by the same employer within six months of such termination, the period of the apprenticeship will be counted as service in determining any future termination entitlements. | Insert a new clause 15.2(d): (d) Requirements in relation to the suspension, cancellation or termination of: (i) a training contract; or (ii) a contract of employment that is associated with a training contract and entered into as a part of a training arrangement, including any relevant notice requirements, are derived from the relevant state and territory law. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/226 Housing Industry Association | 15.6 Apprentices - Attendance at technical schools The CFMEU (AM2012/129) has made an application relating to clause 15.6. It seeks to delete the current clause and replace it with seven new subclauses including a provision that all fees and textbooks must be paid for by the employer. This was considered as part of the common claims. | 15.6 Attendance at technical schools Apprentices attending technical colleges or schools and presenting reports of satisfactory progress must be reimbursed all fees paid by them in respect of their apprentice training. | Renumber the existing paragraph as (a) and make the following insertions: (a) Apprentices attending technical colleges or schools and presenting written reports of satisfactory progress from the training provider must be reimbursed all course fees paid by them in respect of their apprentice training with the employer following completion of the term and presentation of the written report and evidence of payment. (b) If an apprentice’s employment is terminated before the end of the term, the employer will only be liable to pay the course fees for the term on a pro-rata basis and on the presentation of a written report of satisfactory progress from the training provider and evidence of payment. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/160 CEPU | 42.2(b) Lift industry allowance See para [496] - [497] of the common claims decision. | 42.2 Lift industry allowance ... (b) Apprentices must be paid the following proportion of the appropriate lift industry allowance as follows:
| Delete the table in clause 42.2(b) and replace it with:
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Electrical, Electronic and Communications Contracting Award 2010 (MA000025) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/157 CEPU | 15.1 Redundancy | 15.1 Redundancy pay is provided for in the NES. | Delete clause 15.1 and replace with: 15.1 Redundancy and the NES (a) Redundancy pay is provided for in the NES. (b) Without affecting any other entitlements an apprentice may have, this subclause supplements the NES to the extent that an employer shall provide redundancy pay to an apprentice where an apprentice is made redundant prior to completing his or her apprenticeship. For the avoidance of doubt, redundancy will not be payable where employment is terminated solely because an apprentice has completed the apprenticeship pursuant to the contract of training or training agreement. (c) The amount of redundancy pay shall be determined in accordance with the table set out in section 119(2) of the Fair Work Act 2009. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/161 NECA | 12.2(b) Apprentices - Operation of State laws This award was varied by Watson SDP (PR535020) on 20 March 2013 as part of the two year review. “National Training Framework Committee” was replaced with “National Skills Standards Council”. | 12.2 Operation of State laws (as varied by Watson SDP) (b) Where it is consistent with State legislation, an apprentice may be engaged under a training agreement approved by a relevant State/Territory apprenticeship authority, provided the qualification outcome specified in the training agreement is consistent with that established for apprenticeship in the trade training package determined from time to time by the EE-0Z Industry Skills Council (ElectroComms and EnergyUtilities Industry Skills Council) and endorsed by the National Skills Standards Council. | Replace “National Training Framework Committee” with “National Quality Council”. (b) Where it is consistent with State legislation, an apprentice may be engaged under a training agreement approved by a relevant State/Territory apprenticeship authority, provided the qualification outcome specified in the training agreement is consistent with that established for apprenticeship in the trade training package determined from time to time by the EE-0Z Industry Skills Council (ElectroComms and EnergyUtilities Industry Skills Council) and endorsed by the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Food, Beverage and Tobacco Manufacturing Award 2010 (MA000073) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/178 Baking Industry Association of QLD Note: application regarding junior rates is listed under attachment C. | 21.1 Apprentice minimum wages The ACTU application relating to apprentice rates was dealt with as part of the common claims. That application did not seek to introduce a three year apprenticeship structure and sought a lesser increase in rates. It also sought that an adult apprentice be paid the greater of the lowest adult classification or the rate prescribed in clause 21.2. | 21.1 The minimum wages for an apprentice, except as provided for in clause 22—Adult apprentice minimum wages, are set out in the following table: Relevant attribute of the person at the time of entering into a training agreement as an apprentice
21.2 The minimum wages in the table in clause 21.1 are established on the following basis: Relevant attribute of the person at the time of entering into a training agreement as an apprentice:
21.3 An employee who is under 21 years of age on the expiration of their apprenticeship and thereafter works as a minor in the occupation to which the employee was apprenticed must be paid at not less than the adult minimum wage prescribed for the classification. | Replace clause 21 with the following: 21. Apprentice minimum wages 21.1 The minimum rates of pay for apprentices completing a four-year apprenticeship are:
21.2 The minimum award rates of pay for apprentices completing a three-year apprenticeship are:
21.3 Where an employer engages an adult apprentice (i.e. 21 years of age or over), the base rate of pay applicable will be either the relevant apprentice rate of pay or the national minimum wage, whichever is greater. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
General Retail Award 2010 (MA000004) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/177 Baking Industry Association of QLD | 19. Apprentices The ACTU’s application was considered as part of the common claims. It sought to insert adult apprentice rates in this award as being the highest of the following: the minimum adult classification, the rate for the relevant year of apprenticeship or, | 19.1 The minimum award rates of pay for apprentices completing a four-year apprenticeship are:
19.2 The minimum award rates of pay for apprentices completing a three-year apprenticeship are:
| Insert adult apprentice rates in a new clause 19.3: 19.3 Where an employer engages an adult apprentice (i.e. 21 years of age and over), the base rate of pay applicable will be either the relevant apprentice rate of pay or the national minimum wage, whichever is greater. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Graphic Arts, Printing and Publishing Award 2010 (MA000026) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/141 AMWU | 13.3(a) Apprentices - Training packages and trades This variation was included in the ACTU table of draft variations sought (ACTU8). See para [496] - [497] of the common claims decision. | 13.3 Training packages and trades (a) Where it is consistent with State or Territory legislation, an apprentice may be engaged under a training agreement approved by an apprenticeship authority, provided the qualification outcome specified in the training agreement is consistent with that established for apprenticeships in the trade training package determined from time to time by the National Printing Industry Training Council and endorsed by the National Training Framework Committee. | Replace “training agreement” with “training contract”: 13.3 Training packages and trades (a) Where it is consistent with State or Territory legislation, an apprentice may be engaged under a training | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/141 AMWU | 13.5 Apprentices This variation was included in the ACTU table of draft variations sought (ACTU8). See para [496] - [497] of the common claims decision. | 13.5 In order to undertake trade training in accordance with clause 13.3 a person must be a party to a contract of apprenticeship or a training agreement in accordance with the requirements of the apprenticeship authority or State or Territory legislation. The employer will provide, and/or provide access to, training consistent with the contract or training agreement without loss of pay. | Replace “contract of apprenticeship or a training agreement” with “training contract”: 13.5 In order to undertake trade training in accordance with clause 13.3 a person must be a party to a | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/141 AMWU | 13.7 Apprentices | 13.7 The probationary period of an apprentice will be as set out in the training agreement or contract of apprenticeship consistent with the requirement of the apprenticeship authority and with State or Territory legislation but will not exceed six months. | Replace “training agreement or contract of apprenticeship” with “training contract”: 13.7 The probationary period of an apprentice will be as set out in the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Higher Education Industry - General Staff - Award 2010 (MA000007) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/110 | Schedule G Apprentices This variation was included in the ACTU table of draft variations sought (ACTU8). See para [496] - [497] of the common claims decision. | G.1 Definitions For the purposes of this award, a building trades apprenticeship, electrical trades apprenticeship, metal and engineering trades apprenticeship, plumbing trades apprenticeship and hospitality trades apprenticeship is a contract of training for the acquisition of tradesperson qualifications. | Delete this paragraph from G.1. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Hospitality Industry (General) Award 2010 (MA000009) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/24 United Voice Note: application regarding three year apprenticeships is listed in attachment E. | Schedule G.11 and G.12 - School-Based Apprenticeship See para [496] - [497] of the common claims decision. | G.11 Subject to further orders of Fair Work Australia, school-based apprentices will be able to undertake a relevant training qualification which includes any of the following training packages:
G.12 For the purpose of this clause, a relevant training qualification is: G.12.1 a qualification from a National Training Package that covers occupations or work which are covered by this award, or is a qualification from an enterprise Training Package listed above; and | Replace G.11 with: G.11 Subject to a further order from the Fair Work Commission, school-based apprentices will be able to undertake a relevant training package qualification listed in the Tourism, Hospitality and Events Training Package. And amend G.12: G.12 For the purposes of this G.12.1 a qualification from a National Training Package or Enterprise Training Package that covers occupations or work which G.12.2 an AQF Certificate Level III and/or And insert a new G.12.3: G.12.3 an AQF Diploma. G.12.3 A school-based apprenticeship does not include a qualification which can normally be completed through a Training Agreement of a duration of three years or less (such qualifications would generally be covered by traineeship provisions). | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Local Government Industry Award 2010 (MA000112) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/168 | Application withdrawn (see correspondence dated 1 March 2013) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Manufacturing and Associated Industries and Occupations Award 2010 (MA000010) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/109 AMWU Note: other aspects of the application listed in attachments C and E. | 3.1 Definitions and interpretation | adult apprentice means a person of 21 years of age or over at the time of entering into a training agreement as provided for in clause 15—Apprentices. | Replace “agreement” with “contract”: adult apprentice means a person of 21 years of age or over at the time of entering into a training | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/109 AMWU Note: other aspects of the application listed in attachments C and E. | 15.4 Apprentices | 15.4 An apprentice may be engaged under a training agreement approved by the relevant apprenticeship authority, provided the qualification outcome specified in the training agreement is consistent with that established for the vocation in the training package determined from time to time by Manufacturing Skills Australia or its successors and endorsed by the National Quality Council or its successor. Such apprenticeships include but are not limited to the following trades: Engineering Tradesperson (Mechanical), Engineering Tradesperson (Fabrication), Engineering Tradesperson (Electrical/Electronic), Higher Engineering Tradesperson and Advanced Engineering Tradesperson. An apprentice may also be engaged where the qualification outcome specified in the training agreement is consistent with the qualifications established for electrical vocations within the relevant electrical/utilities training package and endorsed by the National Quality Council or its successor. | Replace “National Quality Council” with “National Skills Standard Council” and replace “training agreement” with “training contract”: 15.4 An apprentice may be engaged under a training contract | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/109 AMWU Note: other aspects of the application listed in attachments C and E. | 15.8 Apprentices | 15.8 Notwithstanding the nominal period, the apprenticeship is completed in a shorter period when: (a) the qualification specified in the training agreement is successfully completed; and (b) 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 (c) 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 (d) with respect to trades where there are additional licensing or regulatory requirements under State legislation, when these requirements are met. | Replace “training agreement” with “training contract”: 15.8 Notwithstanding the nominal period, the apprenticeship is completed in a shorter period when: (a) the qualification specified in the training contract (b) the apprentice has the necessary practical experience to achieve competency in the skills covered by the training contract (c) 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 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/109 AMWU Note: other aspects of the application listed in attachments C and E. | 15.9 Apprentices | 15.9 An apprenticeship may be cancelled or suspended only in accordance with the requirements of the training agreement and the requirements of State legislation and the apprenticeship authority. | Replace “training agreement” with “training contract”: 15.9 An apprenticeship may be cancelled or suspended only in accordance with the requirements of the training contract | ||||||||
AM2012/109 AMWU Note: other aspects of the application listed in attachments C and E. | 15.10 Apprentices | 15.10 The probationary period of an apprentice is as set out in the training agreement or contract of apprenticeship consistent with the requirement of the apprenticeship authority and with State legislation but must not exceed three months. | Replace “training agreement or” with “training contract”: 15.10 The probationary period of an apprentice is as set out in the training | ||||||||
AM2012/109 AMWU Note: other aspects of the application listed in attachments C and E. | 15.14 Apprentices | 15.14 In order to undertake trade training in accordance with clauses 15.4 and 15.5 a person must be a party to a training agreement in accordance with the requirements of the apprenticeship authority or State legislation. The employer must provide and/or provide access to training consistent with the training agreement without loss of pay. | Replace “training agreement” with “training contract”: 15.14 In order to undertake trade training in accordance with clauses 15.4 and 15.5 a person must be a party to a training contract | ||||||||
AM2012/109 AMWU Note: other aspects of the application listed in attachments C and E. | 15.16 Apprentices | 15.16 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 agreement. | Replace “training agreement” with “training contract”: 15.16 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 | ||||||||
AM2012/109 AMWU Note: other aspects of the application listed in attachments C and E. | 15.18 Apprentices | 15.18 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 training agreement. | Replace “training agreement” with “training contract”: 15.18 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 training contract | ||||||||
AM2012/109 AMWU Note: other aspects of the application listed in attachments C and E. | 26.1 Adult apprentice minimum wages | 26.1 A person employed by an employer under this award immediately prior to entering into a training agreement as an adult apprentice with that employer must not suffer a reduction in their minimum wage by virtue of entering into the training agreement. For the purpose only of fixing a minimum wage, the adult apprentice must continue to receive the minimum wage that applies to the classification specified in clause 24.1 in which the adult apprentice was engaged immediately prior to entering into the training agreement. | Replace “training agreement” with “training contract”: 26.1 A person employed by an employer under this award immediately prior to entering into a training contract | ||||||||
AM2012/109 | B.2.1 Classification structure and definitions - Classifications structure - C1-C14 Levels |
| Insert “Vocational Graduate Diploma” in the third column: Minimum training requirement Vocational Graduate Diploma, Advanced Diploma or equivalent and sufficient additional training so as to enable the employee to meet the requirements of the relevant classification definition and to perform work within the scope of this level. | ||||||||
AM2012/109 AMWU | B.3 Classification structure and definitions - Classification definitions | B.3.16 Wage Group: C2(b) (a) A Principal Technical Officer works above and beyond an employee at the C2(a) level and has successfully completed sufficient additional training to enable the employee to perform work within the scope of this level in addition to a national advanced diploma or equivalent. Within organisational policy guidelines and objectives a principal technical officer: (i) ● performs work requiring mature technical knowledge involving a high degree of autonomy, originality and independent judgment; ● looks after and is responsible for projects and coordinating such projects with other areas of the organisation as required by the operation of the organisation; ● is responsible for the coordination of general and specialist employees engaged in projects requiring complex and specialised knowledge; ● plans and implements those programs necessary to achieve the objectives of a particular project; ● in the performance of the above functions, applies knowledge and/or guidance relevant in any or all of the fields of designing, planning and technical work as required by the operation; ● operates within broad statements of objectives without requiring detailed instructions; or (ii) ● performs work at the above level of skill in a particular technical field; ● has as the overriding feature of their employment the ability to perform creative, original work of a highly complex and sophisticated nature; ● provides specialised technical guidance to other employees performing work within the same technical field. | Insert “a Vocational Graduate Diploma of Engineering or other” in the first paragraph: (a) A Principal Technical Officer works above and beyond an employee at the C2(a) level and has successfully completed a Vocational Graduate Diploma of Engineering or other sufficient additional training to enable the employee to perform work within the scope of this level in addition to a national advanced diploma or equivalent. Within organisational policy guidelines and objectives a principal technical officer: | ||||||||
AM2012/76 Ai Group | 32.5 Allowances and special rates - Training costs The AMWU’s application (AM2012/109) sought to vary clause 15.15 to provide for the payment of all fees and textbooks by the employer. The proposed variation also relates to excess travelling time and fares. This was dealt with as part of the common claims. | 15.15 Apprentices attending technical colleges or schools or registered training organisations or TAFE and presenting reports of satisfactory progress must be reimbursed all fees paid by them. (a) 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 agreed to by the employer must be reimbursed by the employer on the production of evidence of such expenditure by the employee, provided that reimbursement may be on an annual basis subject to the presentation of reports of satisfactory progress. (b) Travel costs incurred by an employee undertaking training agreed to by the employer, which exceed those normally incurred in travelling to and from work, must be reimbursed by the employer. | Insert a new clause 32.5(c): (c) Subclause 32.5 does not apply to apprentices. Training costs for apprentices are dealt with in subclause 15.15. | ||||||||
AM2012/76 Ai Group | 25.6 Apprentice minimum wages - Conditions for progression through each stage | 25.6 Conditions for progression through each stage The minimum wages for each stage of the apprenticeship are set out in clause 25.1. The conditions for progression to each stage are set out in the following tables: (a) Engineering Tradesperson ... (b) Higher Engineering Tradesperson ... (c) Advanced Engineering Tradesperson ... | Insert a new clause 25.6(d): (d) In determining whether an employee has attained the relevant percentage of the total competency points for the purposes for progression to the next stage of the apprenticeship as provided for in paragraph 25.6(a), (b) and (c), the following requirements apply: (i) The training requirements for the relevant stage must be met, as specified in the training contract. (ii) The apprentice, the employer and the registered training organisation must agree that the apprentice possesses the necessary skills, knowledge and practical experience to consistently demonstrate required competencies in a variety of work contexts and consistent with the training package requirements. If there is disagreement concerning this matter, the issue may be referred to the relevant state or territory apprenticeship authority for determination. (iii) The requirements of the relevant state or territory training authority must have been met. | ||||||||
Meat Industry Award 2010 (MA000059) | |||||||||||
AM2012/164 Australian Meat Industry Council | Application withdrawn. See correspondence from AMIC dated 14 December 2012. | Insert a new Schedule C - Apprenticeship Provisions and renumber subsequent schedules. The schedule is not reproduced here due to its length. It seeks to cover a range of provisions relating to apprentices including the insertion of competency based wage progression. | |||||||||
Plumbing and Fire Sprinklers Award 2010 (MA000036) | |||||||||||
AM2012/202 Master Plumbers’ and Mechanical Services Association of Australia Note: application regarding three year apprenticeship is listed in attachment E. | 15.10 Apprenticeship - Attendance at a Registered Training Organisation The CEPU’s application (AM2012/83) sought to amend (b) by inserting “and costs” after “fees”. This was dealt with as part of the common claims. | 15.10 Attendance at a Registered Training Organisation (a) The apprentice will be released by the employer to attend a Registered Training Organisation during ordinary hours of work for the purpose of undertaking the off-the-job component of apprenticeship training without loss of pay. | Amend clause 15.10 as follows: 15.10 Attendance at a Registered Training Organisation (a) The apprentice will be released by the employer to attend a Registered Training Organisation during ordinary hours of work for the purpose of undertaking the off-the-job component of apprenticeship training without loss of pay. (b) Apprentices must be paid all wages and allowances as specified in this award for time spent attending a Registered Training Organisation in the course of their apprenticeship. All time spent attending a Registered Training Organisation in the course of the apprenticeship will count as time served for all purposes. (c) Reimbursement for tuition fees and materials (i) Apprentices attending a Registered Training Organisation will be reimbursed tuition fees and the cost of materials paid by the apprentice in respect of their training. (ii) Reimbursement of amounts will be subject to presentation of evidence: ● Supporting the satisfactory completion of such training; and | ||||||||
AM2012/199 Master Plumbers and Mechanical Contractors Association of NSW Note: application regarding peak sports apprenticeships is listed in attachment E. | 15.8 Apprenticeship - Payment by results Applications relating to competency based wage progression have been considered as part of the common claims. There is no union application to insert provisions for CBWP in this award. | 15.8 Payment by results An apprentice will not work under any system of payment by results. | Insert the following at the end of the clause: 15.8 Payment by results An apprentice will not work under any system of payment by results. An apprentice will not under any circumstances progress through the pay rates for apprentices based on the demonstration of competency as determined by the Registered Training Organisation. | ||||||||
AM2012/199 Master Plumbers and Mechanical Contractors Association of NSW Note: application regarding peak sports apprenticeships is listed in attachment E. | 15.10 Apprenticeship - Attendance at a Registered Training Organisation The CEPU’s application (AM2012/83) seeks to amend (b) by inserting “and costs” after “fees”. This was dealt with as part of the common claims. | 15.10 Attendance at a Registered Training Organisation (a) The apprentice will be released by the employer to attend a Registered Training Organisation during ordinary hours of work for the purpose of undertaking the off-the-job component of apprenticeship training without loss of pay. | Amend clause 15.10 as follows: (a) The apprentice will be released by the employer to attend a Registered Training Organisation during ordinary hours of work for the purpose of undertaking the off-the-job component of apprenticeship training without loss of pay. | ||||||||
| Sugar Industry Award 2010 (MA000087) | |||||||||||
AM2012/152 AMWU | 12.4 Apprentices | 12.4 An apprentice may be engaged under a training agreement approved by the relevant apprenticeship authority, provided the qualification outcome specified in the training agreement is consistent with that established for the vocation in the training package determined from time to time by Manufacturing Skills Australia or its successors and endorsed by the National Quality Council or its successor. Such apprenticeships include but are not limited to the following trades: Engineering Tradesperson (Mechanical), Engineering Tradesperson (Fabrication), Engineering Tradesperson (Electrical/Electronic), Higher Engineering Tradesperson and Advanced Engineering Tradesperson. An apprentice may also be engaged where the qualification outcome specified in the training agreement is consistent with the qualifications established for electrical vocations within the relevant electrical/utilities training package and endorsed by the National Quality Council or its successor. | Replace “training agreement” with “training contract”. Also replace “National Quality Council” with “National Skills Standard Council”: 12.4 An apprentice may be engaged under a training contract | ||||||||
AM2012/152 AMWU | 12.5 Apprentices | 12.5 An apprenticeship may be cancelled or suspended only in accordance with the requirements of the training agreement and the requirements of State or Territory legislation and the apprenticeship authority. | Replace “training agreement” with “training contract”: 12.5 An apprenticeship may be cancelled or suspended only in accordance with the requirements of the training contract | ||||||||
AM2012/152 AMWU | 12.6 Apprentices | 12.6 The probationary period of an apprentice is as set out in the training agreement or contract of apprenticeship consistent with the requirement of the apprenticeship authority and with State or Territory legislation but must not exceed three months. | Replace “training agreement” with “training contract” and delete “or contract”: 12.6 The probationary period of an apprentice is as set out in the training contract | ||||||||
AM2012/152 AMWU | 12.7 Apprentices | 12.7 Except as provided in clause 12.11 or where otherwise stated, all conditions of employment specified in this award apply to apprentices. Notice of termination and redundancy provisions do not apply to apprentices. | Replace “12.11” with “12. Apprentices”: 12.7 Except as provided in clause 12 Apprentices | ||||||||
AM2012/152 AMWU | 12.11 Apprentices | 12.11 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 agreement. | Replace “training agreement” with “training contract”: 12.11 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 | ||||||||
AM2012/152 AMWU | 12.13 Apprentices | 12.13 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 training agreement. | Replace “training agreement” with “training contract”: 12.13 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 training contract | ||||||||
AM2012/152 AMWU | Schedule B—School-based Apprentices | B.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement or contract of training for an apprentice declared or recognised by the relevant State or Territory authority. | Delete “training agreement or”: B.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a | ||||||||
AM2012/152 AMWU | Schedule B—School-based Apprentices | B.7 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed six years. | Delete “training agreement or”: B.7 The duration of the apprenticeship must be as specified in the | ||||||||
| Vehicle Manufacturing, Repair, Services and Retail Award 2010 (MA000089) | |||||||||||
AM2012/53 MTA NSW Note: application regarding part-time traineeships is listed in attachment D. | 35. Apprentice wage rates and progression | 35.1 A junior or adult apprentice undertaking a full-time or part-time course can advance through an apprenticeship either by completing the required competencies in accordance with an agreed training plan entered into by an employer, an employee and the required training provider and consistent with the regulations of the relevant State or Territory Apprenticeship training Authority, or by completing each year of service of an apprenticeship. | Insert “each stage of” after “completing”: 35.1 A junior or adult apprentice undertaking a full-time or part-time course can advance through an apprenticeship either by completing each stage of the required competencies in accordance with an agreed training plan entered into by an employer, an employee and the required training provider and consistent with the regulations of the relevant State or Territory Apprenticeship training Authority, or by completing each year of service of an apprenticeship. | ||||||||
AM2012/257 AMWU | 15.1 Apprentices (including adult and school-based apprentices) and trainees | 15.1 The terms of this award will apply to apprentices whether full-time or part-time, including adult apprentices, school-based apprentices and trainees, subject to the provisions of the applicable contract of apprenticeship or training agreement operating under Federal, State or Territory apprenticeship or training legislation. | Replace “training agreement” with “training contract”: 15.1 The terms of this award will apply to apprentices whether full-time or part-time, including adult apprentices, school-based apprentices and trainees, subject to the provisions of the applicable contract of apprenticeship or training contract | ||||||||
AM2012/257 AMWU | 15.9 Apprentices (including adult and school-based apprentices) and trainees See para [496] - [497] of the common claims decision. | Insert a new clause 15.9: 15.9 Minimum wages (a) The minimum wages applying to apprenticeships are dealt with in clause 35.2 and clause 48.1. (b) An apprentice will not work under any system of payment by results. | |||||||||
AM2012/257 AMWU | 51.1 Adult apprentice wage rates | 51.1 A person employed by an employer under this award in the vehicle industry immediately prior to entering into a training agreement as an adult apprentice with that employer, will not suffer a reduction in their rate of pay by virtue of entering into the training agreement. | Replace “training agreement” with “training contract”: 51.1 A person employed by an employer under this award in the vehicle industry immediately prior to entering into a training contract | ||||||||
| Wine Industry Award 2010 (MA000090) | |||||||||||
AM2012/271 Business SA | Application withdrawn. See notice of discontinuance filed on 27 February 2013. | ||||||||||
Apprentices, Trainees and Juniors Non-Common Claims – Attachment B
This table summarises applications filed by Group Training Australia, as set out in Commissioner Roe’s statement dated 28 August 2013.
Application | Clause Number and Context | Current Clause | Variation Sought | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Aged Care Award 2010 (MA000018) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/60 Group Training Australia | 4.6 Coverage | 4.6 This award covers employers which provide group training services for trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those 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. This subclause operates subject to the exclusions from coverage in this award. | Insert “apprentices and” in the group training coverage clause: 4.6 This award covers employers which provide group training services for apprentices and trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those apprentices and 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. This subclause operates subject to the exclusions from coverage in this award. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/60 Group Training Australia | 14. Minimum weekly wages |
| Insert new heading above table: 14.1 General Insert apprentice rates in a new clause 14.2: 14.2 Apprentices An apprentice must be paid the following minimum percentage of the minimum wage rates for a Level 4 employee:
Insert a new clause 14.3: 14.3 School - Based Apprentices See Scheule E | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/60 Group Training Australia | Schedule E School-based apprentices See correspondence from the Commonwealth (dated 13 March 2013) regarding the inclusion of the model schedule, which was included in the common claims. | Insert model school based apprentices schedule. Renumber subsequent Schedule accordingly. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Fast Food Industry Award 2010 (MA000003) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/59 Group Training Australia | 4.6 Coverage Withdrawn – see correspondence dated 6 August 2013. | 4.6 This award covers employers which provide group training services for trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those 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. This subclause operates subject to the exclusions from coverage in this award. | Insert “apprentices and” in the group training coverage clause: 4.6 This award covers employers which provide group training services for apprentices and trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those apprentices and 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. This subclause operates subject to the exclusions from coverage in this award. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/59 Group Training Australia | 17. Minimum weekly wages None of the applications considered as part of the common claims deal with this award. Withdrawn – see correspondence dated 6 August 2013. |
| Insert new heading above table: 17.1 General Insert apprentice rates in a new clause 17.2: 17.2 Apprentices 17.2.1 The employer may engage pre-apprentices and apprentices under the terms of the regulations or provisions of the appropriate State Training Authority or its agent (STA) provided that a person shall not be deemed to be an apprentice until their indenture has been approved by the STA. 17.2.2 The employer shall reimburse an apprentice for all fees and levies relevant to the apprentice’s training upon satisfactory completion of each year’s training and the cost of all tools necessary for carrying out his or her work, except where tools are provided at the employer’s expense. 17.2.3 The pre-apprenticeship and apprenticeship training program and conditions shall be in accordance with the appropriate STA or its agent. 17.2.4 All other conditions of employment shall be in accordance with this award. 17.2.5 An apprentice must be paid the following minimum percentage of the minimum wage rates for a Level 2 employee:
Insert a new clause 17.3: 17.3 School - Based Apprenticeship See Schedule E | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/59 Group Training Australia | Schedule E School-based apprentices See correspondence from the Commonwealth (dated 13 March 2013) regarding the inclusion of the model schedule, which was included in the common claims. Withdrawn – see correspondence dated 6 August 2013. | Insert model school based apprentices schedule. Renumber subsequent Schedule accordingly. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Health Professional and Support Services Award 2010 (MA000027) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/58 Group Training Australia | 4.7 Coverage | 4.7 This award covers employers which provide group training services for trainees engaged in the industry, parts of industry and/or occupations set out at clause 4.1 and those 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. This subclause operates subject to the exclusions from coverage in this award. | Insert “apprentices and” in the group training coverage clause: 4.7 This award covers employers which provide group training services for apprentices and trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those apprentices and 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. This subclause operates subject to the exclusions from coverage in this award. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/58 Group Training Australia | 14. Minimum weekly wages for Support Services employees Clause 14.2 was varied by Watson VP (PR535562) on 15 April 2013 as part of the two yearly review. This application does not appear to have been dealt with by His Honour. | NOTE: A transitional pay equity order taken to have been made pursuant to item 30A of Schedule 3A to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) has effect in accordance with that item. A relevant transitional pay equity order operates in Queensland as provided for in items 30A (6) and (7). 14.1 Progression through pay points Progression for all classifications for which there is more than one pay point will be by annual movement to the next pay point having regard to the acquisition and use of skills, or in the case of a part-time or casual employee, 1824 hours of similar experience. 14.2 Juniors in Support Services A junior employee may be engaged at any classification level in this award and will be paid the following percentage of the level 1 rate:
14.3 Support Services employees
| Insert apprentice rates for support services in a new clause 14.4: 14.4 Apprentices in support services 14.4(a) A junior or adult apprentice undertaking a full-time or part-time course can advance through an apprenticeship either by completing the required competencies in accordance with an agreed training plan entered into by an employer, an employee and the required training provider and consistent with the regulations of the relevant State or Territory Apprenticeship Training Authority, or by completing each year of service of an apprenticeship. 14.4(b) An apprentice must be paid the following minimum percentage of the minimum wage rates of a Level 4 employee:
Insert a new clause 14.5: 14.5 School-Based Apprenticeship See schedule F | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/58 Group Training Australia | Schedule F School-based apprentices See correspondence from the Commonwealth (dated 13 March 2012) relating to the inclusion of the model schedule, which was included in the common claims. The correspondence does not make reference to this award. | Insert model school based apprentices schedule. Renumber subsequent Schedule accordingly. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Higher Education Industry - General Staff - Award 2010 (MA000007) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/61 Group Training Australia | 4. Coverage | Insert a new clause 4.6 and renumber subsequent clauses: 4.6 This award covers employers which provide group training services for apprentices and trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those apprentices and 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. This sub clause operates subject to the exclusions from coverage in this award. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Labour Market Assistance Industry Award 2010 (MA000099) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/55 Group Training Australia | 4. Coverage Correspondence from GTA on 6 August 2013 -application not opposed by interested parties. | Insert a new clause 4.7 and renumber subsequent clauses: 4.7 This award covers employers which provide group training services for trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those 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. This sub clause operates subject to the exclusions from coverage in this award. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Nurses Award 2010 (MA000034) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/54 Group Training Australia | 4. Coverage Correspondence from GTA on 6 August 2013 – application amended. GTA now seeks the inclusion of the occupational model clause instead. The Australian Nursing and Midwifery Association consents to the application. | Original application: Insert a new clause 4.7 and renumber subsequent clauses: 4.7 This award covers employers which provide group training services for trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those 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. This sub clause operates subject to the exclusions from coverage in this award. Amended application: insert a new clause 4.7 and renumber subsequent clauses: 4.7 This award covers employers which provide group training services for trainees engaged in any of the classifications set out in Schedule B and those 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. This sub-clause operates subject to the exclusions from coverage in this award. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Social, Community, Home Care and Disability Services Industry Award 2010 (MA000100) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/57 Group Training Australia | 4.7 Coverage Correspondence from GTA dated 6 August 2013 – the ASU does not oppose the application. | Insert a new clause 4.7 and renumber subsequent clauses: 4.7 This award covers employers which provide group training services for trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those 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. This sub clause operates subject to the exclusions from coverage in this award. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Surveying Award 2010 (MA000066) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/56 Group Training Australia | 4.7 Coverage | Insert a new clause 4.7 and renumber subsequent clauses: 4.7 This award covers employers which provide group training services for trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those 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. This sub clause operates subject to the exclusions from coverage in this award. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Apprentices, Trainees and Juniors Non-Common Claims – Attachment C
This table summarises applications relating to junior rates (with the exception of AM2012/196 which has been heard to completion before the Full Bench), as set out in Commissioner Roe’s statement dated 28 August 2013.
Application | Clause Number and Context | Current Clause | Variation Sought | ||||||||||||||||||||||||||||
Aquaculture Industry Award 2010 (MA000114) | |||||||||||||||||||||||||||||||
AM2012/66 South Australian Oyster Growers Association Inc on behalf of Oysters Australia Ltd | 14. Minimum wages This application seeks to have adult rates payable to employees aged 19 and over. | 14.1 Employees are entitled to the following minimum wages for the classification in which they are employed:
14.2 Supported wage system See Schedule C 14.3 School-based apprentices See Schedule D 14.4 National training wage See Schedule E | Insertion of junior rates. Application filed does not contain further particulars. | ||||||||||||||||||||||||||||
AM2012/14 Pacific Reef Fisheries (Australia) Pty Ltd on behalf of the National Aquacultural Council Modern Award Reference Group | 14. Minimum wages | 14.1 Employees are entitled to the following minimum wages for the classification in which they are employed:
14.2 Supported wage system See Schedule C 14.3 School-based apprentices See Schedule D 14.4 National training wage See Schedule E | Insertion of junior rates in a new clause 14.5: 14.5 Unapprenticed Junior Minimum Wages The minimum wages for an unapprenticed junior employee are to be calculated in accordance with the percentages set out below applied to the corresponding adult classification minimum wage in Clause 14.1. Age % Under 17 years of Age 55 At 17 years of Age 65 At 18 years of Age 75 At 19 years of Age 100 | ||||||||||||||||||||||||||||
Broadcasting and Recorded Entertainment Award 2010 (MA000091) | |||||||||||||||||||||||||||||||
AM2012/50 The Hoyts Corporation Pty Ltd Note: application regarding trainee rates is listed in attachment D. | 14.4 Minimum wages and related matters - Junior employees | 14.4 Junior employees (a) The minimum wages of junior employees are the following percentages of the minimum wage for an entertainment employee Grade 5:
(b) Provided that a junior engaged in putting a television station to air working as the only operator and without supervision must be paid the adult minimum wage for the appropriate classification. | Insert junior rates in a new clause 56A: 56A. Junior employees In lieu of clause 14.4, the minimum wages of junior employees are the following percentages of the relevant minimum wage for the classification of work the employee is performing:
| ||||||||||||||||||||||||||||
Food, Beverage and Tobacco Manufacturing Award 2010 (MA000073) | |||||||||||||||||||||||||||||||
AM2012/178 Baking Industry Association of QLD Note: application regarding apprentice rates listed in attachment A. | 24. Unapprenticed junior minimum wages | Clause 24. Unapprenticed junior minimum wages The minimum wages for an unapprenticed junior are:
| Unapprenticed junior rates should be calculated as a percentage of the minimum hourly wage at the relevant level:
| ||||||||||||||||||||||||||||
Manufacturing and Associated Industries and Occupations Award 2010 (MA000010) | |||||||||||||||||||||||||||||||
AM2012/109 AMWU Note: other aspects of the application listed in attachments A and E. | 29.1 Unapprenticed junior minimum wages This application mirrors the SDA’s application with respect to the General Retail Industry Award. As per Commissioner Roe’s statement, this matter will be deferred until a decision is handed down in matter AM2012/196. | 29.1 Unapprenticed junior The minimum wages for an unapprenticed junior, except an unapprenticed junior in a foundry and a junior engaged on the operations set out in clause 29.3, are:
| Vary clause 29.1 to make the adult rate payable to employees aged 20:
| ||||||||||||||||||||||||||||
| Sporting Organisations Award 2010 (MA000080) | |||||||||||||||||||||||||||||||
AM2012/144 | 17.1 Minimum wages - Coaching and related staff Query whether this application should be referred to the Full Bench. The matter is currently allocated to Harrison SDP as the relevant panel head. | 17.1 Coaching and related staff
For the purposes of ascertaining weekly wage rates for the Coaching and related staff classifications in this clause, the per annum rates must be divided by 52.14 and rounded to the nearest $0.10. | Insert junior rates for coaching and related staff at the same percentage relativities as current junior rates for clerical and administrative staff under the award. Those percentages are in clause 17.2(b):
Provided that a junior who has attained the age of 18 and has been continuously employed for 12 months will be paid the full adult rate for their classification. | ||||||||||||||||||||||||||||
Apprentices, Trainees and Juniors Non-Common Claims – Attachment D
This table summarises applications relating to trainees, as set out in Commissioner Roe’s statement dated 28 August 2013.
Application | Clause Number and Context | Current Clause | Variation Sought | ||||||||||||||||||||||||||||||||||||||||||||||||
| Building and Construction General On-Site Award (MA000020) | |||||||||||||||||||||||||||||||||||||||||||||||||||
AM2013/340 Master Builders Australia | 28. National Training Wage | 28. National Training Wage 28.1 The provisions of Schedule C will apply in respect of traineeships, save that the following minimum wage rates will apply instead of those within clause C.3.1 of Schedule C. 28.2 Civil construction traineeships
28.3 Other traineeships (a) Rates of pay for trainees, other than civil construction trainees, will be as follows:
(b) All other disability and expense related allowances provided for in this award will be payable to trainees from time to time, if applicable, but no other allowances will apply. | Delete clause 28. In the alternative: Insert a new clause 28.4: 28.4 This clause does not apply to school-based or part-time trainees. Also insert a new clause 28.5: 28.5 Where the stages represented at Clause 28.2 and 28.3 have no application to the State or Territory training system regulating trainees the provisions of Schedule C apply. When calculating a safety net adjustment to the wage rates set out in Clause 28.2 and Clause 28.3 a factor of 80% shall be applied to the money increase to the standard rate and rounded to the nearest dollar to calculate the new weekly wage. | ||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/129 CFMEU | 20.1 Expense Related Allowance - Tool and employee protection allowance | Insert a new clause 20.1(e): (e) In Queensland apprentices shall be supplied with tools in accordance with the Supply of Tools to Apprentices Order of the Queensland Industrial Relations Commission. This provision ceases to operate on 31st December 2013. | |||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/129 CFMEU | 28. National training wage See para [497] of the common claims decision regarding the expression “all purpose”. | Insert a new clause 28.4: 28.4 Adult trainees (defined as a trainee 21 years of age or older at the start of the traineeship) shall be paid not less than the all purpose weekly rate for CW1(a) (based on a 38 hour week rate where the hourly rate is calculated in accordance with clause 19.3) Also insert a new clause 28.5: 28.5 An existing employee shall not suffer a reduction in their all purpose rate of pay as a result of entering into a traineeship. | |||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/129 CFMEU | 30. Higher duties This application may, to some extent, have been subsumed by the common claims decision. | 30. Higher duties An employee engaged for more than two hours, during one day on duties carrying a higher rate than the employee’s ordinary classification, must be paid the higher rate for the whole day. Otherwise the employee must be paid the higher rate for the time so worked. | Number the current paragraph as (a) and insert a new clause 30(b): (b) An apprentice or trainee shall only engage in labouring work where this genuinely forms part of their training and broader skills development. Labouring work shall be limited to where a genuine need arises. Where an apprentice/trainee engages in labouring work (not related to their training) for more than two hours during one day, this shall constitute the performance of higher duties and the CW1(d) all purpose rate of pay under the Award shall apply for the entire day. | ||||||||||||||||||||||||||||||||||||||||||||||||
Clerks - Private Sector Award 2010 (MA000002) | |||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/52 Motor Traders’ Association of NSW | Schedule D - National Training Wage | D6.3 Employment Conditions Time spent by a trainee, other than a trainee undertaking a school-based traineeship, 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 trainee’s wages and determining the trainee’s employment conditions. | Insert the words “a part-time trainee or” as follows: Time spent by a trainee, other than a part-time trainee or a trainee undertaking a school-based traineeship, 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 trainee’s wages and determining the trainee’s employment conditions. | ||||||||||||||||||||||||||||||||||||||||||||||||
General Retail Industry Award 2010 (MA000004) | |||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/8 National Retail Association | Schedule D - National Training Wage - Employment Conditions | D.6.1 A trainee undertaking a school-based traineeship may, with the agreement of the trainee, be paid an additional loading of 25% on all ordinary hours worked instead of paid annual leave, paid personal/carer’s leave and paid absence on public holidays, provided that where the trainee works on a public holiday then the public holiday provisions of this award apply. | Include transitional arrangements for the loading payable to school based trainees, and cap loading at 23%: D.6.1 A trainee undertaking a school-based traineeship may, with the agreement of the trainee, be paid the following (a) From the first full pay period on or after 1 July 2012 - 21.8% (b) From the first full pay period on or after 1 July 2013 - 22.4% (c) From the first full pay period on or after 1 July 2014 - 23% | ||||||||||||||||||||||||||||||||||||||||||||||||
| Hair and Beauty Industry Award 2010 (MA000005) | |||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/172 Hair and Beauty Industry Association | Schedule D - National Training Wage - Employment Conditions | D.6.1 A trainee undertaking a school-based traineeship may, with the agreement of the trainee, be paid an additional loading of 25% on all ordinary hours worked instead of paid annual leave, paid personal/carer’s leave and paid absence on public holidays, provided that where the trainee works on a public holiday then the public holiday provisions of this award apply. | Include transitional arrangements for the loading payable to school based trainees, and cap loading at 23%: D.6.1 A trainee undertaking a school-based traineeship may, with the agreement of the trainee, be paid the following (a) From the first full pay period on or after 1 July 2012 - 21.8% (b) From the first full pay period on or after 1 July 2013 - 22.4% (c) From the first full pay period on or after 1 July 2014 - 23% | ||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/287 Hair and Beauty Australia Note: other aspects of this application are listed in attachment E. | 19.4 Apprentices and trainees | 19.4 The minimum rate of pay for full-time hairdressing trainees and graduates are:
| This clause should be varied to clarify whether it applies to Certificate II, III or IV. | ||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/287 Hair and Beauty Australia Note: other aspects of this application are listed in attachment E. | 21.10 Allowances - Tool allowance None of the applications dealt with as part of the common claims regarding the payment of fees/tools etc relate to this award. | 21.10 Tool allowance (a) The employer must reimburse the employee for the cost of all electrical equipment necessary for carrying out their work. This provision does not apply where electrical equipment is provided at the employer’s expense. | Insert a new clause 21.10(c): (c) Where an apprentice or trainee employee is eligible to receive a Tools For Your Trade Allowance or equivalent government subsidy, the employer will not be liable to pay tool allowance for the period that the employee is eligible or until such time as the apprentice or trainee completes their qualification. | ||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/287 Hair and Beauty Australia Note: other aspects of this application are listed in attachment E. | Schedule D - National Training Wage - Coverage | D.3.2 This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in Appendix D1 to this schedule. | Consideration must be given to a wider range of qualifications. No provision has been made for Certificate IV or Diploma Qualifications in Schedule D.5 (Minimum wages) under Wage Level A, B, or C or under D.5.3 (Other minimum wage provisions). | ||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/287 Hair and Beauty Australia Note: other aspects of this application are listed in attachment E. | Schedule D - National Training Wage - Minimum Wages | D.5.2 Minimum wages for part-time traineeships (d) School-based traineeships Subject to clauses D.5.2(f) and D.5.3 of this schedule, the minimum wages for a trainee undertaking a school-based AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Levels A, B or C by Appendix D1 are as follows when the trainee works ordinary hours:
| The current rates for school-based trainees are higher than those provided for first and second year apprentices. This contradicts clause 16.2 (which states that 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). | ||||||||||||||||||||||||||||||||||||||||||||||||
Joinery and Building Trades Award 2010 (MA000029) | |||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/127 CFMEU | 21.1 Trainee minimum wages See para [497] of the common claims decision regarding the expression “all purpose”. | 21.1 National training wage trainee minimum wages The minimum wages for a trainee covered by the national training wage provisions are set out in Schedule D—National Training Wage. | Replace clause 21 with: 21. Trainee minimum wages 21.1 Except as provided in 21.2 and 21.3 below the minimum wages for a trainee covered by the national training wage provisions are set out in Schedule D - National Training Wage. 21.2 Adult trainees (defined as a trainee 21 years of age or older at the start of the traineeship) shall be paid not less than the all purpose weekly rate for a Level 1 classification (based on the minimum weekly wage in clause 18.1 and any applicable all purpose allowances in clause 24.1). 21.3 An existing employee shall not suffer a reduction in their all purpose rate of pay as a result of entering into a traineeship. | ||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/127 CFMEU | 24.1(c) Allowances - All purpose allowances - Tool allowances | (c) Tool allowance (i) An employee must be paid the following allowance per week extra for supplying and maintaining tools:
(ii) Where an employer provides an employee with all the tools reasonably required to perform all the functions of the employee’s employment then no tool allowance is payable. In such cases: ● the employer must convey the decision to the employee in writing; ● an employee provided with tools of trade by the employer is not responsible for the loss of such tools where the loss is outside the control of the employee; and (iii) Clause 24.1(c)(ii) does not apply to an employee employed as at 14 January 1993 or an apprentice unless otherwise agreed between the parties. | Insert a new clause 24.1(c)(iv): (iv) In Queensland apprentices shall be supplied with tools in accordance with the Supply of Tools To Apprentices Order of the Queensland Industrial Relations Commission. This provision ceases to operate on 31st December 2014. | ||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/127 CFMEU | 25. Higher duties This application may, to some extent, have been subsumed by the common claims decision. | 25. Higher duties An employee engaged for more than two hours during one day on duties carrying a higher minimum wage than the employee’s ordinary classification must be paid the higher minimum wage for such day. If for two hours or less during one day, the employee must be paid the higher minimum wage for the time so worked. | Renumber the current paragraph as (a) and insert a new clause 25(b): (b) An apprentice or trainee shall only engage in labouring work where this genuinely forms part of their training and broader skills development. Labouring work shall be limited to where the genuine need arises. Where an apprentice/trainee engages in labouring work (not related to their training) for more than two hours during one day, this shall constitute the performance of higher duties) | ||||||||||||||||||||||||||||||||||||||||||||||||
Mobile Crane Hiring Award 2010 (MA000032) | |||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/344 Ai Group | 15. National training wage | 15. National training wage See Schedule C | Replace clause 15 with: 15. Crane Operations Traineeships 15.1 The provisions of Schedule C and the specific provisions provided below will apply in respect of traineeships, save that the following minimum rates will apply instead of those within clause C.5 of Schedule C. 15.2 Construction Industry Crane Operations Traineeship The minimum weekly rate payable to construction industry crane operations trainees will be as follows:
15.3 All other disability and expense related allowances provided for in this award, including the fares and travel allowance, will be payable to trainees from time to time, if applicable. 15.4 If a trainee obtains a license (e.g. license to perform dogging) before the completion of the traineeship, and this is then required to perform work covered by the license in an unsupervised situation, such trainee will be paid the minimum weekly rate appropriate for such work prescribed by clause 13.1 of this award in lieu of the base rate in clause 15.2 above. 15.5 Except as provided in clause 15.4 a trainee shall not work alone or unsupervised. 15.6 If a trainee is terminated they shall receive 1 week’s notice in the first year and at least 2 week’s notice in any subsequent year. 15.6 If a trainee is made redundant (in accordance with any of the circumstances covered by clause 12.2(b) of the award) then the provisions of clause 12 of the award will apply. 15.7 If a trainee is made redundant (in accordance with any of the circumstances covered by clause 12.2(b) of the award) then the provisions of clause 12 of the award will apply. 15.8 Any fees or material costs charged by a training provider will be paid for by the employer. | ||||||||||||||||||||||||||||||||||||||||||||||||
| Timber Industry Award (MA000071) | |||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/64 | 21.9 Allowances - Tool allowance | 21.9 Tool allowance (a) The following classes of employees supplying their own tools (except dogs and cramps of all descriptions, augers of all sizes, bits not normally used in brace, and all hammers except claw hammers, all of which will be supplied by the employer), will receive the following tool allowance: (i) Millwright—$4.72 per week; or (ii) Utility person—$3.65 per week. (b) Furnishing employees (i) Where an employee provides tools of trade necessary for the performance of their duties as required by the employer, such tools will be insured by the employer against loss by theft or fire up to a maximum of $712.63. (ii) Tradespersons will be paid an allowance of $14.38 per week for supplying and maintaining tools ordinarily required for the performance of their work as a tradesperson. | Insert a new clause 21.9(c) and (d): (c) Apprentices shall be paid the full tool allowance relevant to their trade in accordance with clause 21.9(a) and (b) above. In addition an apprentice shall be provided with a basic starter tool kit (relevant to their trade) upon commencement of the apprenticeship. (d) In Queensland apprentices shall be supplied with tools in accordance with the Supply of Tools to Apprentices Order of the Queensland Industrial Relations Commission. This provision ceases to operate on 31 December 2014. | ||||||||||||||||||||||||||||||||||||||||||||||||
| Vehicle Manufacturing, Repair, Services and Retail Award 2010 (MA000089) | |||||||||||||||||||||||||||||||||||||||||||||||||||
AM2012/53 MTA NSW Note: application seeking clarification of when a competency is completed is listed in attachment A. | Schedule E—National Training Wage | E.6 Employment conditions E.6.3 Time spent by a trainee, other than a trainee undertaking a school-based traineeship, 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 trainee’s wages and determining the trainee’s employment conditions. | Insert “a part-time trainee or” as follows: E.6.3 Time spent by a trainee, other than a part-time trainee or a trainee undertaking a school-based traineeship, 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 trainee’s wages and determining the trainee’s employment conditions. | ||||||||||||||||||||||||||||||||||||||||||||||||
Apprentices, Trainees and Juniors Non-Common Claims – Attachment E
This table summarises those applications that have not been dealt with in attachment A – D, as set out in Commissioner Roe’s statement, dated 28 August 2013.
Application | Clause Number | Current Clause | Variation Sought | ||||||||||||||||||||||||||||||||||||||||||||
| Broadcasting and Recorded Entertainment Award 2010 (MA000091) | |||||||||||||||||||||||||||||||||||||||||||||||
AM2012/50 The Hoyts Corporation Pty Ltd | Trainee rates | 14.2 Common salary structure ... (b) Grade 2 entertainment employee includes the following classifications: Motion Picture Production Employee Level 1; Cinema Worker Level 1. ... (d) Grade 4 entertainment employee includes the following classifications: Trainee (other than trainee director) ... 14.3 Adult wages
| Insert trainee rates in a new clause 56B: 56B. Trainee rates Each adult Cinema Worker Level 1 shall be paid, for the first 50 hours of employment in the cinema industry, 80% of the minimum rate for a Grade 3 employee. For the next 75 hours, the rate shall be 90% of the minimum rate for a Grade 3 employee. Junior percentages are to be applied to these rates according to an employee’s age. | ||||||||||||||||||||||||||||||||||||||||||||
Electrical, Electronic and Communications Contracting Award 2010 (MA000025) | |||||||||||||||||||||||||||||||||||||||||||||||
AM2012/184 ECA | 3.2 Definitions and Interpretations - Other definitions | agreement-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Division 2B State award has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Division 2B State employment agreement has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) enterprise award-based instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) transitional minimum wage instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) | More extensive definitions should be included to ensure that employers are paying apprentices at the correct wage levels. A flowchart relating to apprentice coverage in QLD, which was used by FWC at the time the application was filed, should be placed in the award. | ||||||||||||||||||||||||||||||||||||||||||||
AM2012/184 ECA | 12. Apprentices | Insert wage summary sheets that are linked to the flowchart referred to above. | |||||||||||||||||||||||||||||||||||||||||||||
| Hair and Beauty Industry Award 2010 (MA000005) | |||||||||||||||||||||||||||||||||||||||||||||||
AM2012/287 Hair and Beauty Australia Note: other aspects of this application are listed in attachment D. | 19.1 Apprentices and trainees | 19.1 The minimum award rates of pay for hairdressing apprentices are:
| This clause only applies to full time apprentices. Consideration must be given to creating a new classification for part time apprenticeships, which are now offered in some States and Territories. | ||||||||||||||||||||||||||||||||||||||||||||
AM2012/287 Hair and Beauty Australia Note: other aspects of this application are listed in attachment D. | 19.2 Apprentices and trainees | 19.2 The minimum award rates of pay for beauty therapy apprentices are:
| This clause only applies to full time apprentices. Consideration must be given to creating a new classification for part time apprenticeships, which are now offered in some States and Territories. | ||||||||||||||||||||||||||||||||||||||||||||
AM2012/287 Hair and Beauty Australia Note: other aspects of this application are listed in attachment D. | 19.5 Apprentices and trainees | 19.5 The minimum rate of pay for a full-time beauty therapy graduate for the first 12 months is:
| This clause should be varied to clarify whether it applies to Certificate II, III, IV or a diploma. | ||||||||||||||||||||||||||||||||||||||||||||
AM2012/287 Hair and Beauty Australia Note: other aspects of this application are listed in attachment D. | 21.10 Allowances - Tool allowance None of the applications dealt with as part of the common claims regarding the payment of fees/tools etc relate to this award. | 21.10 Tool allowance (a) The employer must reimburse the employee for the cost of all electrical equipment necessary for carrying out their work. This provision does not apply where electrical equipment is provided at the employer’s expense. | Insert a new clause 21.10(c): (c) Where an apprentice or trainee employee is eligible to receive a Tools For Your Trade Allowance or equivalent government subsidy, the employer will not be liable to pay tool allowance for the period that the employee is eligible or until such time as the apprentice or trainee completes their qualification. | ||||||||||||||||||||||||||||||||||||||||||||
Hospitality Industry (General) Award 2010 (MA000009) | |||||||||||||||||||||||||||||||||||||||||||||||
AM2012/24 United Voice Note: application regarding training qualifications is listed in attachment A. | 20.4(a) Minimum wages - Apprentice wages The ACTU has made an application to increase junior rates for cooking apprentices and to insert adult apprentice rates. This was considered as part of the common claims. | (a) Cooking apprenticeship (i) A person who has completed a full apprenticeship for cooking must be paid not less than the standard weekly rate. (ii) An employee apprenticed in the cooking trade will be paid the percentage of the standard weekly rate, as follows:
| Amend clause 20.4(a)(ii) to include provisions for a three year apprenticeship: (ii) An employee apprenticed in the cooking trade will be paid the percentage of the standard weekly rate, as follows: A. Four year apprenticeship
B. Three year apprenticeship
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Plumbing and Fire Sprinklers Award 2010 (MA000036) | |||||||||||||||||||||||||||||||||||||||||||||||
AM2012/202 Master Plumbers’ and Mechanical Services Association of Australia | Schedule E - School-Based Apprenticeship | E.9 The apprentice wage scales are based on a standard full-time apprenticeship of four years (unless the apprenticeship is of three years duration). 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. | Delete reference to apprenticeships of three years duration: E.9 The apprentice wage scales are based on a standard full-time apprenticeship of four years | ||||||||||||||||||||||||||||||||||||||||||||
AM2012/183 CEPU - Plumbing Division | 20.2(b)(ii) and (iii) Minimum wages - Apprentice wages | (b) The minimum rates of weekly wage to be paid to apprentices will be the following percentages of the aggregate of: (i) the minimum wage rate for the plumbing and mechanical services tradesperson/Sprinkler fitter tradesperson Level 1 classification (clause 20.1); and (ii) for plumbing apprentices: ● the plumbing trade allowance (clause 21.1(c)); and ● the tool allowance (clause 21.2(a)), except that in NSW, until 31 December 2014, plumbing apprentices will be paid 100% of the tool allowance rather than the relevant percentages as set out below; or (iii) for sprinkler pipe-fitting apprentices: the industry disability allowance and space, height and dirt money allowance (clause 21.1(g)), the sprinkler fitters adjustment (clause 21.1(h)) and, if applicable, the tool allowance (clause 21.2(a)).
| Amend clause 20.2(b) as follows: (ii) for plumbing apprentices: ● the plumbing trade allowance (clause 21.1(c))
(iii) for sprinkler pipe-fitting apprentices: the industry disability allowance and space, height and dirt money allowance (clause 21.1(g)), the sprinkler fitters adjustment (clause 21.1(h)) Plumbing and sprinkler pipe-fitting apprentices
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AM2012/199 Master Plumbers and Mechanical Contractors Association of NSW | Clause 27. Peak Sports Apprenticeships In accordance with directions from the Full Bench, submissions have been filed by interested parties regarding this application. | Insert a new clause 27: 27. Peak Sports Apprenticeships See Schedule F | |||||||||||||||||||||||||||||||||||||||||||||
AM2012/199 Master Plumbers and Mechanical Contractors Association of NSW | Schedule F - Peak Sports Apprenticeships In accordance with directions from the Full Bench, submissions have been filed by interested parties regarding this application. | Insert a new clause 4.7 and renumber subsequent clauses: 4.7 This award covers employers which provide group training services for trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those 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. This sub clause operates subject to the exclusions from coverage in this award. | |||||||||||||||||||||||||||||||||||||||||||||
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