MA000076  PR544176

FAIR WORK COMMISSION

DETERMINATION



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

Modern Awards Review 2012—Apprentices, Trainees and Juniors
(AM2012/135)

EDUCATIONAL SERVICES (SCHOOLS) GENERAL STAFF AWARD 2010
[MA000076]

Educational services

JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT
SENIOR DEPUTY PRESIDENT HARRISON
COMMISSIONER ROE

SYDNEY, 22 NOVEMBER 2013

Transitional review of modern awards - apprentices, trainees and junior rates - common matters - consequential variations.

A. Further to the decision of 22 August 2013 1 and pursuant to Item 6, Schedule 5 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, the Educational Services (Schools) General Staff Award 20102 is varied as follows:

1. By inserting the following definition in clause 3.1 in alphabetical order:

adult apprentice means an apprentice who is 21 years of age or over at the commencement of their apprenticeship

2. By deleting clause 15.4 and inserting the following:

15.4 Apprentices

(a) Apprentices may be employed in accordance with the provisions of Schedule E—Apprentices.

(b) An apprentice, other than an adult apprentice, who commenced before 1 January 2014 will be paid a percentage of the standard rate as follows:

Year of apprenticeship

% of the standard rate

   

First year

45

   

Second year

55

   

Third year

75

   

Fourth year

90

(c) An apprentice, other than an adult apprentice, who commenced on or after 1 January 2014 will be paid a percentage of the standard rate as follows:

(d) The rate of pay for an adult apprentice will be the rate prescribed for the lowest classification in clause 15.1, or the relevant rate prescribed in clause 15.4(b) or 15.4(c), whichever is the greater.

(e) 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, provided that the person has been an employee in that enterprise for at least six months as a full-time employee or twelve months as a part-time or regular and systematic casual employee immediately prior to commencing the apprenticeship. 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 15.1 in which the adult apprentice was engaged immediately prior to entering into the training agreement.

3. By deleting clause E.8 and inserting the following:

E.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each two years of employment as an apprentice or at the rate of competency-based progression if provided for in this award.

4. By deleting clause E.9 and inserting the following:

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) or stages of competency based progression (if provided for in this award). 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.

5. By deleting clause E.10 and inserting the following:

E.10 If an apprentice converts from school-based to full-time, the successful completion of competencies (if provided for in this award) and all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.

6. By updating all cross references accordingly.

B. This determination comes into operation on the first full pay period commencing on or after 1 January 2014.

SENIOR DEPUTY PRESIDENT

 1   [2013] FWCFB 5411.

 2   MA000076.

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