MA000036  PR544633

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
(AM2012/183)

PLUMBING AND FIRE SPRINKLERS AWARD 2010
[MA000036]

Plumbing industry
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 Plumbing and Fire Sprinklers Award 20102 is varied as follows:

1. By deleting clause 15.10 and inserting the following:

15.10 Attendance at a Registered Training Organisation

(a) The apprentice will be released by the employer to attend a Registered Training Organisation during ordinary working hours of work for the purposes of undertaking the off the-job component of the apprenticeship training without loss of pay.

(b) Time spent by an apprentice, other than an apprentice undertaking a school-based apprenticeship, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time spent worked for the employer for the purposes of calculating the apprentice's wages and determining the apprentices employment conditions.

(c) Apprentices attending Registered Training Organisations and presenting reports of satisfactory progress will be reimbursed all fees and cost of textbooks paid by them in respect of the training. Reimbursement shall occur:

(i) within six months of the commencement of the apprenticeship or the stage of the apprenticeship; or

(ii) within three months of the apprentice commencing the course of training at the Registered Training Organisation

whichever is the later.

2. By deleting clause 20.2 and inserting the following:

20.2 Apprentice wages

(a) Apprentices will be entitled to all terms, conditions, amounts and allowances as prescribed elsewhere in this award (including clause 21.8 - Fare and travelling time, except clause 21.1(e)—Special fixed allowance, at the full rate unless otherwise prescribed by this clause or clause 21—Allowances.

(b) For apprentices (not including adult apprentices) engaged prior to 1 January 2014, the minimum weekly wage to be paid to apprentices will be the following percentages of the aggregate of:

(i) The weekly minimum wage for the plumbing and mechanical services tradespersons/Sprinkler fitter tradesperson Level 1 classification (clause 20.1); and

(ii) for plumbing apprentices: the plumbing trade allowances (clause 21.1(c)) and the tool allowance (clause 21.2(a)), except that in NSW, until 31 December 2014, plumbing apprentice will be paid 100% of the tool allowance rather than the relevant percentages as set out below; or

(iii) for sprinkler pipe-fitting apprentices: the industry disability allowance and space, height and dirt money allowance (clause 21.2(g)), the sprinkler fitters adjustment (clause 21.1(h)) and the applicable tool allowance (clause 21.2(a)):

Apprentice	Plumbing apprentices % per week	Sprinkler pipe-fitting apprentices % per week
For the first year	37.5	50
For the second year	55	55
For the third year	70	75
For the fourth year	90	90

(iv) a trainee apprentice will be paid the percentages of the weekly minimum wage for the plumbing and mechanical services tradesperson classification in clause 20.1 as set out in the following table:

Apprentice	% per week
For the first year	41.5
For the second year	61
For the third year	77
For the fourth year	95.5

(v) in addition to the weekly minimum wage arising out of clause 20.2(b)(iv), trainee apprentices must be paid the relevant percentage of the plumbing trade allowances (clause 21.1(c)(i)), the full amount of the tool allowance (clause 21.2(a)), the industry allowance in clause 21.1(a), and if applicable, the fares allowance in clause 21.8(b) and/or the standard travelling time allowance in clause 2I.8(c).

(c) For apprentices (not including adult apprentices) engaged on or after I January 2014, the minimum weekly wage to be paid to apprentices will be the following percentages of the aggregate of:

(i) the weekly minimum wage for the plumbing and mechanical services tradespersons/Sprinkler fitter tradesperson Level 1 classification (clause 20.1); and

(ii) for plumbing apprentices: the plumbing trade allowances (clause 21.1(c)) and the tool allowance (clause 21.2(a)), except that in NSW, until 31 December 2014, plumbing apprentice will be paid 100% of the tool allowance rather than the relevant percentages as set out below; or

(iii) for sprinkler pipe-fitting apprentices: the industry disability allowance and space, height and dirt money allowance (clause 21.2(g)), the sprinkler fitters adjustment (clause 21.1(h)) and the applicable tool allowance (clause 21.2(a)):

Apprentice	Plumbing apprentices % per week		Sprinkler pipe-fitting apprentices % per week
	Apprentices who have not completed year 12	Apprentices who have completed year 12	Apprentices who have not completed year 12	Apprentices who have completed year 12
For the first year	42.5	42.5	50	55
For the second year	60	60	60	60
For the third year	70	70	75	75
For the fourth year	90	90	90	90

(iv) a trainee apprentice will be paid the percentages of the weekly minimum wage for the plumbing and mechanical services tradesperson classification in clause 20.1 as set out in the following table:

Apprentice	Apprentices who have not completed year 12 % per week	Apprentices who have completed year 12 % per week
For the first year	46.5	46.5
For the second year	65	65
For the third year	77	77
For the fourth year	95.5	95.5

(v) in addition to the weekly minimum wage arising out of clause 20.2(b)(iv), trainee apprentices must be paid the relevant percentage of the plumbing trade allowances (clause 21.1(c)(i)), the full amount of the tool allowance (clause 21.2(a)), the industry allowance in clause 21.1(a), and if applicable, the fares allowance in clause 21.8(b) and/or the standard travelling time allowance in clause 21.8(c).

(d) For apprentices (not including adult apprentices) engaged on or after 1 January 2014, effective from the first full pay period commencing 1 January 2015, the minimum weekly wage to be paid to apprentices will be the following percentages of the aggregate of:

(i) the weekly minimum wage for the plumbing and mechanical services tradespersons/Sprinkler fitter tradesperson Level 1 classification (clause 20.1); and

(ii) for plumbing apprentices: the plumbing trade allowances (clause 21.1(c)) and the tool allowance (clause 21.2(a)); or

(iii) for sprinkler pipe-fitting apprentices: the industry disability allowance and space, height and dirt money allowance (clause 21.2(g)), the sprinkler fitters adjustment (clause 21.1(h)) and the applicable tool allowance (clause 21.2(a)):

Apprentice	Plumbing apprentices % per week		Sprinkler pipe-fitting apprentices % per week
	Apprentices who have not completed year 12	Apprentices who have completed year 12	Apprentices who have not completed year 12	Apprentices who have completed year 12
For the first year	47.5	47.5	50	55
For the second year	60	65	60	65
For the third year	70	70	75	75
For the fourth year	90	90	90	90

(iv) a trainee apprentice will be paid the percentages of the weekly minimum wage for the plumbing and mechanical services tradesperson classification in clause 20.1 as set out in the following table:

Apprentice	Apprentices who have not completed year 12 % per week	Apprentices who have completed year 12 % per week
For the first year	51.5	51.5
For the second year	65	69
For the third year	77	77
For the fourth year	95.5	95.5

(v) in addition to the weekly minimum wage arising out of clause 20.2(b)(iv), trainee apprentices must be paid the relevant percentage of the plumbing trade allowances (clause 21.1(c)(i)), the full amount of the tool allowance (clause 21.2(a)), the industry allowance in clause 21.1(a), and if applicable, the fares allowance in clause 21.8(b) and/or the standard travelling time allowance in clause 21.8(c).

(e) For apprentices (not including adult apprentices) engaged on or after 1 January 2014, effective from the first full pay period commencing 1 January 2016, the minimum weekly wage to be paid to apprentices will be the following percentages of the aggregate of:

(i) The weekly minimum wage for the plumbing and mechanical services tradespersons/Sprinkler fitter tradesperson Level 1 classification (clause 20.1); and

(ii) for plumbing apprentices: the plumbing trade allowances (clause 21.1(c)) and the tool allowance (clause 21.2(a)); or

(iii) for sprinkler pipe-fitting apprentices: the industry disability allowance and space, height and dirt money allowance (clause 21.2(g)), the sprinkler fitters adjustment (clause 21.1(h)) and the applicable tool allowance (clause 21.2(a)):

Apprentice	Plumbing apprentices % per week		Sprinkler pipe-fitting apprentices % per week
	Apprentices who have not completed year 12	Apprentices who have completed year 12	Apprentices who have not completed year 12	Apprentices who have completed year 12
For the first year	50	55	50	55
For the second year	60	65	60	65
For the third year	70	70	75	75
For the fourth year	90	90	90	90

(iv) a trainee apprentice will be paid the percentages of the weekly minimum wage for the plumbing and mechanical services tradesperson classification in clause 20.1 as set out in the following table:

Apprentice	Apprentices who have not completed year 12 % per week	Apprentices who have completed year 12 % per week
For the first year	54	59
For the second year	65	69
For the third year	77	77
For the fourth year	95.5	95.5

(v) in addition to the weekly minimum wage arising out of clause 20.2(b)(iv), trainee apprentices must be paid the relevant percentage of the plumbing trade allowances (clause 21.1(c)(i)), the full amount of the tool allowance (clause 21.2(a)), the industry allowance in clause 21.1(a), and if applicable, the fares allowance in clause 21.8(b) and/or the standard travelling time allowance in clause 21.8(c).

3. 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   MA000036.

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