MA000017 PR544315 |
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)
TEXTILE, CLOTHING, FOOTWEAR AND ASSOCIATED INDUSTRIES AWARD 2010
[MA000017]
Clothing industry | |
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT |
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 Textile, Clothing, Footwear and Associated Industries Award 20102 is varied as follows:
1. By deleting clause 20.8 and inserting the following:
(a) The minimum weekly rates of pay to be paid to apprentices who commenced before 1 January 2014 will be as follows:
% of General Skill Level 4 | |
1st year |
50 |
2nd year |
65 |
3rd year |
75 |
4th year |
85 |
Thereafter |
Appropriate adult rate |
(b) The minimum weekly rates of pay to be paid to apprentices who commenced on or after 1 January 2014 will be as follows:
% of General Skill Level 4 for apprentices who have not completed year 12 |
% of General Skill Level 4 for apprentices who have completed year 12 | |
1st year |
50 |
55 |
2nd year |
65 |
65 |
3rd year |
75 |
75 |
4th year |
85 |
85 |
Thereafter |
Appropriate adult rate |
Appropriate adult rate |
(c) The total wage must be calculated to the nearest five cents.
(d) The weekly rate for an apprentice will not be less than the rate for a junior of the same age.
2. By deleting clause 20.9 and inserting the following:
20.9 Adult apprentice rates
(a) Where a person was employed by an employer immediately before becoming an adult apprentice with that employer, such person will not suffer a reduction in actual rate of pay by virtue of becoming indentured.
(b) The minimum weekly rates of pay to be paid to adult apprentices who commenced before 1 January 2014 will be as follows:
% of General Skill Level 4 | |
1st year |
82 |
2nd year |
87 |
3rd year |
92 |
4th year |
100 |
(c) The minimum weekly rates of pay to be paid to an adult apprentice who commenced on or after 1 January 2014 will be either the following percentage of General Skill Level 4 in the table below, the rate prescribed by clause 20.1 for the relevant year of the apprenticeship, or, in the case only of adult apprentices in the second or subsequent years of their apprenticeship, the rate for the lowest adult classification in clause 20.1, whichever is the greater.
% of General Skill Level 4 | |
1st year |
82 |
2nd year |
87 |
3rd year |
92 |
4th year |
100 |
(d) An adult apprentice who enters their apprenticeship at an advanced stage will be deemed, for the purpose of calculating the appropriate wage rate, to have completed the period by which they have been advanced.
(e) Progress to the next rate of wage will occur when the balance of the year to which they have been advanced in their apprenticeship is completed.
3. By deleting the 7th, 8th and 9th bullet points appearing in clause C.20 and inserting the following:
● School-based apprentices will progress through the 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.
● These rates are based on a standard full-time apprenticeship of four years 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.
● Where 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 wage scale. This progression will apply 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
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