Modern Awards Review 2012—Apprentices, Trainees and Juniors
[2014] FWCFB 1719
•12 MARCH 2014
[2014] FWCFB 1719 |
FAIR WORK COMMISSION |
STATEMENT |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 6, Sch. 5—Modern awards review
(AM2012/18 and others)
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT | SYDNEY, 12 MARCH 2014 |
Coal Export Terminals Award 2010
Gas Industry Award 2010
Hydrocarbons Industry (Upstream Award) 2010
Mining Industry Award 2010
Oil Refining and Manufacturing Award 2010
Port Authorities Award 2010
Salt Industry Award 2010
Telecommunications Services Award 2010
[1] Following the making of determinations arising from our decision of 22 August 2013, the Chamber of Commerce and Industry of Western Australia (Inc) (CCI WA) raised concerns on 16 January 2014 that the variation in the abovementioned awards may change the rates of pay for apprentices who commenced their apprenticeship prior to 1 January 2014. The issue in contention relates to those awards where apprentices have been paid a percentage of “the applicable adult weekly wage rate for their classification”. The determinations now specify a percentage of the relevant trade classification.
[2] The determinations in question were made by the Full Bench following a series of conferences convened by Commissioner Roe and reflected the joint position of the employer and union parties involved in the settlement of the orders. Parties in the transitional review were given the opportunity both through participation in the conferences and through the notifications and drafts provided on the website to provide comments on the determinations to be made. CCI WA did not raise any objection during the settlement proceedings to the proposed variations to the relevant awards.
[3] Following the receipt of the correspondence from CCI WA, we requested CCI WA to provide examples of any significant differences in the rates for apprentices employed prior to 1 January 2014 as a result of the changes in the reference rates under the awards. Although CCI WA has not provided any examples of situations where, properly applied, the relevant reference rate would be less than that specified by the determinations, we are inclined, subject to the consideration of any submissions to the contrary, to remove any doubt by making the correction orders sought.
[4] The relevant correspondence from CCI WA dated 16 January 2014 and 6 February 2014, together with the proposed correction orders, are available on the website. Any submission in opposition to the making of the correction orders sought in relation to the abovementioned awards should be made to the Full Bench by 21 March 2014.
SENIOR DEPUTY PRESIDENT
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