Modern Awards Review 2012—Apprentices, Trainees and Juniors

The Fair Work Commission, comprising Justice Boulton, Senior Deputy President Harrison, and Commissioner Roe, addressed a review of modern awards concerning apprentices, trainees, and junior rates. This review was part of a broader two-year assessment of all modern awards. The parties involved in the review had made submissions and provided draft determinations. The court was tasked with finalising the non-common matters and the determinations arising from the common matters decision. The legal issues before the court involved determining the appropriate rates and allowances for apprentices, trainees, and junior employees across various industries, as well as resolving specific disputes such as competency-based wage progression and the cap on textbook costs.

The court examined the submissions and evidence provided by the parties, setting specific timelines and processes for further submissions and hearings on particular issues. For most non-common matters, the court decided that submissions up to a certain date would be considered, allowing parties additional time to present their arguments. In certain specific cases, such as the application to vary junior rates in the Manufacturing Award and the Ai Group application for changes to competency-based progression, the court planned further discussions and possible hearings. For the determinations arising from the common matters decision, the court intended to issue decisions based on the latest drafts provided by the parties, with an opportunity for further submissions. Certain provisions concerning competency-based wage progression would undergo further consultation before final determinations were issued.

The court outlined its intention to finalise the non-common matters by considering the submissions received, with a cutoff date for further submissions. For specific issues such as tool allowances and non-payment of fees for repeat courses, the court set specific timetables for determinations based on submissions or evidence. The court also planned further discussions and potential hearings for issues concerning junior rates and competency-based progression. For the determinations arising from the common matters decision, the court indicated that decisions would be made based on the latest drafts provided, with an opportunity for additional submissions by a specified date. The court intended to issue separate determinations for provisions concerning competency-based wage progression after further consultation.