NECA Education & Careers Ltd (Formerly 370 Degree Group Limited) T/A NECA Education & Careers

[2016] FWCA 2766

[2016] FWCA 2766

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty

NECA Education & Careers Ltd (Formerly 370 Degree Group Limited) T/A NECA Education & Careers
(AG2016/3068)

370 DEGREES GROUP LIMITED TRADING AS 370 DEGREES APPRENTICESHIPS - ENTERPRISE AGREEMENT 2011 - 2015

Electrical contracting industry
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 4 MAY 2016

Application for variation of Appendix 1 to give effect to clause 5 of the 370 degrees group Limited trading as 370 degrees apprenticeships – Enterprise Agreement 2011 – 2015.

[1] An application has been made for approval of a variation to the 370 degrees group Limited trading as 370 degrees apprenticeships – Enterprise Agreement 2011 – 2015 (the Agreement). The application was made pursuant to s.217 of the Fair Work Act 2009 (the Act) by NECA Education & Careers Ltd (Formerly 370 Degree Group Limited) T/A NECA Education & Careers (NECA).

[2] The Agreement was approved on 16 August 2011 and has a nominal expiry date of 1 March 2015.

[3] I have examined the material provided by NECA in support of its application. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia have indicated its support for the NECA application. I am satisfied that the application includes all the relevant information which would be necessary to support the variation of the Agreement to remove an ambiguity or uncertainty.

[4] The application seeks to vary the Agreement as follows:

● By deleting Appendix 1 and inserting a new Appendix 1 as per Attachment A to this decision.

[5] Appendix 1 sets out a schedule of rates for Apprentices. The Agreement operates in conjunction with the Electrical, Electronic and Communications Contracting Award 2010 [MA000025] (the Award), with the Agreement taking precedence where an inconsistency arises. The Agreement fully prescribes rates of pay, including Apprentice rates. NECA contends that the variation is necessary to remove an ambiguity or uncertainty in the operation of the Appendix 1 rates, which arose as a result of a variation to the Award in PR544547 (as corrected by PR545301) which had effect on the first full pay period commencing on or after 1 January 2014. I am satisfied that an uncertainty as to the base rate of pay for Junior and Adult Apprentices has arisen following the variation to the Award. I am satisfied that the variation proposed removes that uncertainty.

[6] On the material provided by NECA with the application, I am satisfied that it is appropriate to vary the Agreement in accordance with Attachment A.

[7] The consolidated version of the Agreement, as varied, is attached to this decision.

[8] The variation to the Agreement is approved, and in accordance with s.217(2) of the Act will operate on and from 1 January 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code C, AE887484  PR579937>

ATTACHMENT A

APPENDIX 1

Standard Rates (WHEN HOST TRAINER IS AWARD BASED)

Payable from the first pay period on or after the date specified.

Rates for Junior Apprentices aged under 21 years or who entered their apprenticeship before 1 January 2014

1ST July 2011	Per Week	Per Hour
1st Year	363.14	9.56
2nd Year	465.51	12.25
3rd Year	618.79	16.28
4th Year	721.30	18.98

1ST July 2012	Per Week	Per Hour
1st Year	381.30	10.03
2nd Year	488.78	12.86
3rd Year	649.73	17.10
4th Year	757.36	19.93

1ST July 2013	Per Week	Per Hour
1st Year	400.36	10.54
2nd Year	513.22	13.51
3rd Year	682.22	17.95
4th Year	795.23	20.93

1ST July 2014	Per Week	Per Hour
1st Year	420.38	11.06
2nd Year	538.88	14.18
3rd Year	716.33	18.85
4th Year	834.99	21.97

Rates for Junior Apprentice aged 21 years and over at the time of entering their apprenticeship and who entered after 1 January 2014

1ST July 2011	Per Week	Per Hour
1st Year	363.14	9.56
2nd Year	465.51	12.25
3rd Year	618.79	16.28
4th Year	721.30	18.98

1ST July 2012	Per Week	Per Hour
1st Year	381.30	10.03
2nd Year	488.78	12.86
3rd Year	649.73	17.10
4th Year	757.36	19.93

1ST July 2013	Minimum Rate Per Week	Minimum Rate Per Hour	Construction Rate (Per Hour)
1st Year	400.36	10.54	15.26
2nd Year	513.22	13.51	16.61
3rd Year	682.22	17.95	N/A
4th Year	795.23	20.93	N/A

1ST July 2014	Minimum Rate Per Week	Minimum Rate (Per Hour)	Construction Rate (Per Hour)
1st Year	420.38	11.06	15.71
2nd Year	538.88	14.18	17.11
3rd Year	716.33	18.85	N/A
4th Year	834.99	21.97	N/A

1ST July 2015	Minimum Rate Per Week	Minimum Rate (Per Hour)	Construction Rate (Per Hour)
1st Year	420.38	11.06	16.10
2nd Year	538.88	14.18	17.54
3rd Year	716.33	18.85	N/A
4th Year	834.99	21.97	N/A

Note 1: The Construction Rate applies where Appendix 6 to this Agreement applies. Where the Construction Rate is paid, any site allowance or multi-storey allowance under Appendix 6 to this Agreement (or equivalent payment of the Host Employer, howsoever described) is reduced by the amount that the Construction Rate exceeds the minimum hourly rate. Where the Construction Rate is marked “N/A”, the relevant Minimum Rate is to be paid.

Note 2: The Construction Rate will increase on 1ST July each year in line with the minimum hourly wage rate set by the Minimum Wage Panel of the Fair Work Commission in its Annual Wage Review of the Electrical, Electronic and Communications Contracting Award 2010.

Adult Apprentice Rates

1ST July 2011	Per Week	Per Hour
1st Year	560.63	14.75
2nd Year	566.27	14.90
3rd Year	680.67	17.91
4th Year	793.44	20.88

1ST July 2012	Per Week	Per Hour
1st Year	583.03	15.34
2nd Year	594.58	16.65
3rd Year	714.70	18.81
4th Year	833.11	21.92

1ST July 2013	Minimum Rate Per Week	Minimum Rate (Per Hour)	From 1 January 2014 Construction Rate (Per Hour)
1st Year	612.18	16.11	N/A
2nd Year	624.31	16.43	16.61
3rd Year	750.44	19.75	N/A
4th Year	874.77	23.02	N/A

1ST July 2014	Minimum Rate Per Week	Minimum Rate (Per Hour)	Construction Rate (Per Hour)
1st Year	642.79	16.91	N/A
2nd Year	655.52	17.25	N/A
3rd Year	787.96	20.74	N/A
4th Year	918.51	24.17	N/A

1ST July 2015	Minimum Rate Per Week	Minimum Rate (Per Hour)	Construction Rate (Per Hour)
1st Year	642.79	16.91	N/A
2nd Year	655.52	17.25	17.54
3rd Year	787.96	20.74	N/A
4th Year	918.51	24.17	N/A

Note 1: The Construction Rate applies where Appendix 6 to this Agreement applies. Where the Construction Rate is paid, any site allowance or multi-storey allowance under Appendix 6 to this Agreement (or equivalent payment of the Host Employer, howsoever described) is reduced by the amount that the Construction Rate exceeds the minimum hourly rate. Where Construction Rate is marked “N/A”, the relevant Minimum Rate is to be paid.

Note 2: The Construction Rate will increase on 1ST July each year in line with the minimum hourly wage rate set by the Minimum Wage Panel of the Fair Work Commission in its Annual Wage Review of the Electrical, Electronic and Communications Contracting Award 2010.