MA000071 PR544324 |
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)
TIMBER INDUSTRY AWARD 2010
[MA000071]
Timber 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 decisions of 22 August 1 and 22 November 20132 and pursuant to Item 6, Schedule 5 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, the Timber Industry Award 20103 is varied as follows:
1. By deleting clause 17.4 and inserting the following:
17.4 Apprentices (other than saw doctor apprentices)
(a) The minimum weekly rates for apprentices (other than saw doctor apprentices) who commenced before 1 January 2014 are as follows:
Year of apprentice |
% of Award rate for Level 5 |
First |
50 |
Second |
60 |
Third |
75 |
Fourth |
90 |
(b) The minimum weekly rates for apprentices (other than saw doctor apprentices) who commenced on or after 1 January 2014 are as follows:
Year of apprentice |
% of Award rate for Level 5 for apprentices who have not completed year 12 |
% of Award rate for Level 5 for apprentices who have completed year 12 |
First |
50 |
55 |
Second |
60 |
65 |
Third |
75 |
75 |
Fourth |
90 |
90 |
2. By deleting clause 17.5 and inserting the following:
17.5 Saw doctor apprentices
(a) The minimum weekly rates for saw doctor apprentices who commenced before 1 January 2014 are as follows:
Year of apprentice |
% of Award rate for Level 6 |
First |
50 |
Second |
60 |
Third |
75 |
Fourth |
90 |
(b) The minimum weekly rates for saw doctor apprentices who commenced on or after 1 January 2014 are as follows:
Year of apprentice |
% of Award rate for Level 6 for apprentices who have not completed year 12 |
% of Award rate for Level 6 for apprentices who have completed year 12 |
First |
50 |
55 |
Second |
60 |
65 |
Third |
75 |
75 |
Fourth |
90 |
90 |
(c) Where an apprentice is under the age of 21 years on the expiry of the apprenticeship, the apprentice will be paid at not less than the adult rate prescribed for the skill level on which the employee is employed.
3. By deleting clause 17.6 and inserting the following:
17.6 Adult apprentices
17.6.1 Adult Apprentices in the Wood and Timber Furniture Stream
(a) The minimum weekly rates of pay for adult apprentices who commenced before 1 January 2014 are the following percentage of the minimum weekly wage rate for the adult classification of Level 5 in clause 17.2.
Year of apprentice |
% of level 5 minimum weekly wage |
First |
83.5 |
Second |
88.3 |
Third |
93.4 |
Fourth |
98.5 |
(b) The minimum weekly rates of pay for adult apprentice who commenced on or after 1 January 2014 will be either the relevant percentage of the level 5 rate in the table below, the rate prescribed by clause 17.4 or 17.5 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 17.1, whichever is the greater.
Year of apprentice |
% of level 5 minimum weekly wage |
First |
83.5 |
Second |
88.3 |
Third |
93.4 |
Fourth |
98.5 |
(c) 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 17.2 in which the adult apprentice was engaged immediately prior to entering into the training agreement.
17.6.2 Adult apprentices other than those in the Wood and Timber Furniture Stream
(a) 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 relevant Level 5 rate, or the relevant rate prescribed by subclauses 17.4 or 17.5 for the relevant year of the apprenticeship, whichever is the greater.
(b) 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 relevant adult classification in subclause 17.1, or the relevant rate prescribed by subclauses 17.4 or 17.5 for the relevant year of the apprenticeship, whichever is the greater.
(c) 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 17 in which the adult apprentice was engaged immediately prior to entering into the training agreement.
4. By deleting clause H.8 and inserting the following:
H.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.
5. By deleting clause H.9 and inserting the following:
H.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.
6. By deleting clause H.10 and inserting the following:
H.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.
7. 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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