MA000051  PR544281

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)

PORT AUTHORITIES AWARD 2010
[MA000051]

Port authorities

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 claims - 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 Port Authorities 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 13.3 and inserting the following:

13.3 Apprentices and trainees

(a) The terms of this award apply to apprentices and trainees, subject to the provisions of an applicable contract of apprenticeship or training agreement operating under Federal, State or Territory apprenticeship or training legislation and the National Training Wage Award 2000 (or any successor award).

(b) Trainees will be entitled to the rate for their classification as set out in the National Training Wage Award 2000 (or any successor award).

(c) Apprentices who commenced before 1 January 2014 will be entitled to the percentage of the standard rate for their classification as set out in the table below.

Year of apprenticeship

Percentage of standard rate
%

   

1st year

45

   

2nd year

55

   

3rd year

75

   

4th year

88

(d) Apprentices who commenced on or after 1 January 2014 will be entitled to the rate prescribed in clause 13.3(c) or the percentage of the Level 4 adult weekly rate in clause 13.1(a) as set out in the table below, whichever is the greater:

(e) The minimum wage of an adult apprentice who commenced on or after 1 January 2014 and is in the first year of their apprenticeship must be 80% of the minimum wage rate for the Level 4 classification, or the rate prescribed by clause 13.3(c) or 13.3(d) for the relevant year of the apprenticeship, whichever is the greater.

(f) The minimum wage of an adult apprentice who commenced on or after 1 January 2014 and is in the second and subsequent years of their apprenticeship must be the rate for the lowest adult classification in clause 13.1—Adult employees, or the rate prescribed by clause 13.3(c) or 13.3(d) for the relevant year of the apprenticeship, whichever is the greater.

(g) 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 13.1 in which the adult apprentice was engaged immediately prior to entering into the training agreement.

3. By deleting clauses D.8, D.9 and D.10 and inserting the following:

D.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.

D.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.

D.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.

4. 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   MA000051.

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