Modern Awards Review 2012—Apprentices, Trainees and Juniors

[2013] FWCFB 8301

[2013] FWCFB 8301

FAIR WORK COMMISSION

STATEMENT

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 6, Sch. 5—Modern awards review

Modern Awards Review 2012—Apprentices, Trainees and Juniors
(AM2012/18 and others)

JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT
SENIOR DEPUTY PRESIDENT HARRISON
COMMISSIONER ROE MELBOURNE, 23 OCTOBER 2013

[1] This Statement concerns the proceedings relating to apprentices, trainees and junior rates as part of the current two year review of all modern awards. A full list of the matters referred to the Full Bench is included as Attachment A to this Statement.

[2] Commissioner Roe has conducted a number of conferences with the parties and progress has been made in the settlement of the determinations arising from the common matters decision 1 and in the resolution of the non-common matters. A Statement was issued on 28 August 20132 together with Attachments A to E which summarised and categorised the non-common matters. Revised Attachments were issued on 17 September 2013.3 Further Statements were issued on 20 September, 7 October and 17 October 2013.4 A number of submissions and draft determinations have been provided by the parties as part of this process.

[3] Having considered the material provided by Commissioner Roe, the Full Bench intends to proceed to finalise the non-common matters and the determinations arising from the common matters decision as outlined below.

[4] The Full Bench will finalise the non-common matters as follows:

(a) In respect to all the non-common matters except those listed in (b), (c) and (d) below, the decision of the Full Bench will be made having regard to the report and submissions received to date. Any party wishing to make a further submission should provide this to the Full Bench by 30 October 2013.

(b) In respect to the following matters, a decision will be made based upon submissions and evidence received according to the timetable contained in the Statement of Commissioner Roe of 17 October 2013:

• Tool allowance – Sugar Industry Award 2010 (the Sugar Award) (AM2012/152);



• Non-payment of fees for repeat courses – Plumbing and Fire Sprinklers Award 2010 (the Plumbing Award) (AM 2012/199 and AM2012/202);



• Lift allowance - Building and Construction General On-site Award 2010 (the Building Award)(AM2012/160); and



• Application of clause 32.5 of the Manufacturing and Associated Industries and Occupations Award 2010 (the Manufacturing Award) to trainees and apprentices (AM2012/76).




The first three of these matters will be determined on the basis of the submissions. The last matter will be determined on the basis of submissions unless there are witnesses required for cross-examination.

(c) In respect to the application to vary junior rates in the Manufacturing Award(AM2012/109), this matter will be further discussed at the next conference before Commissioner Roe and will be programmed for hearing if necessary at a later date.

(d) In respect to the Ai Group application for changes to competency based progression in the Manufacturing Award (AM2012/76), there will be further discussions between the parties and this matter will be programmed for hearing if necessary at a later date.

[5] The Full Bench will finalise the determinations arising from the common matters decision as follows:

(a) In respect to all matters other than those listed in (b) and (c) below, the determinations will be issued based upon the latest drafts provided by the parties (these are available on the Commission’s website). Any further submissions in relation to these matters should be provided by 30 October 2013.

(b) In respect to the following matters the determinations will be issued after consideration of the submissions received in accordance with the process outlined in the Statement of Commissioner Roe of 17 October 2013:

• Cap on textbook costs in Plumbing Award, the Building Award and the Electrical, Electronic and Communications Contracting Award 2010 (the Electrical Contracting Award);



• The issue of the appropriate rate for a fourth year adult apprentice in the Electrical Contracting Award;



• The appropriate adult apprentice rates in Part 9 (Bulk Terminal Operations) of the Sugar Award;



• The appropriate reference rate for apprentices and adult apprentices undertaking an AQF4 apprenticeship and the application of allowances to apprentices in the Airline Operations - Ground Staff Award 2010; and



• The appropriate reference rate for second and subsequent years adult apprentices in the pulp and paper stream of the Timber Industry Award 2010.




Any party wishing to make any further submission in relation to these matters should do so by 30 October 2013.

(c) In respect to the provisions concerning competency based wage progression in those awards where new provisions are to be introduced from 1 January 2014, there will be a further period for consultation between the parties as outlined in the Statement of Commissioner Roe of 17 October 2013. The determinations in respect to these provisions will be issued separately.

SENIOR DEPUTY PRESIDENT

Attachment A: List of applications referred to the Full Bench

Table 1: Applications referred to the Full Bench in the President’s statement of 14 June 2012 ([2012] FWA 5102).

The matter numbers in bold were part of the ‘common claims’ proceedings.

Matter no.	Modern award title	Award ID
AM2012/18	N/A*
AM2012/128	All awards containing the National Training Wage Schedule
AM2012/135	34 awards**
AM2012/107	Airline Operations—Ground Staff Award 2010	MA000048
AM2012/282
AM2012/60	Aged Care Award 2010	MA000018
AM2012/140	Black Coal Award	MA000001
AM2012/50	Broadcasting and Recorded Entertainment Award 2010	MA000091
AM2012/48	Building and Construction General On-Site Award 2010	MA000020
AM2012/129
AM2012/160
AM2012/228
AM2012/52	Clerks - Private Sector Award 2010	MA000002
AM2012/159	Electrical Power Industry Award 2010	MA000088
AM2012/157	Electrical, Electronic and Communications Contracting Award 2010	MA000025
AM2012/161
AM2012/184
AM2012/59	Fast Food Industry Award 2010	MA000003
AM2012/178	Food, Beverage and Tobacco Manufacturing Award 2010	MA000073
AM2012/177	General Retail Industry Award 2010	MA000004
AM2012/8
AM2012/141	Graphic Arts, Printing and Publishing Award 2010	MA000026
AM2012/172	Hair and Beauty Industry Award 2010	MA000005
AM2012/287
AM2012/58	Health Professionals and Support Services Award 2010	MA000027
AM2012/110	Higher Education Industry—General Staff—Award 2010	MA000007
AM2012/61
AM2012/24	Hospitality Industry (General) Award 2010	MA000009
AM2012/127	Joinery and Building Trades Award 2010	MA000029
AM2012/55	Labour Market Assistance Industry Award 2010	MA000099
AM2012/168	Local Government Industry Award 2010	MA000112
AM2012/109	Manufacturing and Associated Industries and Occupations Award 2010	MA000010
AM2012/164	Meat Industry Award 2010	MA000059
AM2012/54	Nurses Award 2010	MA000034
AM2012/202	Plumbing and Fire Sprinklers Award 2010	MA000036
AM2012/183
AM2012/199
AM2012/57	Social, Community, Home Care and Disability Services Industry Award 2010	MA000100
AM2012/152	Sugar Industry Award 2010	MA000087
AM2012/56	Surveying Award 2010	MA000066
AM2012/155	Telecommunications Services Award 2010	MA000041
AM2012/64	Timber Industry Award 2010	MA000071
AM2012/53	Vehicle Manufacturing, Repair, Services and Retail Award 2010	MA000089
AM2012/247		MA000089
AM2012/271	Wine Industry Award 2010	MA000090

^* This application was made by a Queensland government body which no longer exists, and has not been dealt with by the Full Bench. The matter number AM2012/18, however, has been used to refer to the ‘common claims’ proceedings generally.

^** Following the amendment of the application, which initially sought to vary 36 awards.

Table 2: Applications subsequently referred to the Full Bench

Matter no.	Modern award title	Award ID
AM2012/14	Aquaculture Award 2010	MA000114
AM2012/66		MA000114
AM2012/196	General Retail Industry Award 2010	MA000004
AM2012/144	Sporting Organisations Award 2010	MA000082

 1  [2013] FWCFB 5411.

 2  [2013] FWC 6248.

 3   Explanatory Note issued without Print Number - available on the Commission’s website.

 4   Statements issued without Print Numbers - available on the Commission’s website.

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