MA000089  PR544664

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
(AM2012/53, AM2012/247)

VEHICLE MANUFACTURING, REPAIR, SERVICES AND RETAIL AWARD 2010
[MA000089]

Vehicle 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 Vehicle Manufacturing, Repair, Services and Retail Award 20102 is varied as follows:

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

apprenticeship authority means a State or Territory training authority with the responsibility for the apprenticeship

2. By deleting the words “training agreement” appearing in clause 15.1 and inserting the words “training contract”.

3. By deleting clause 15.3 and inserting the following:

15.3 Training Fees and Textbooks

(a) Any costs associated with all fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) incurred by an employee in connection with training specified in, or associated with, the training contract must be reimbursed to the apprentice within 6 months from the commencement of the apprenticeship or the relevant stage of the apprenticeship, or within 3 months of the registered training organisation commencing training, whichever is the later, unless there is unsatisfactory progress;

(b) Direct payment of the fees and textbooks, within 6 months from the commencement of the apprenticeship or the relevant stage of the apprenticeship, by an employer to the training provider satisfies the requirement for reimbursement in clause 15.3(a) above.

4. By inserting a new clause 15.4 as follows:

15.4 Travel Payment

(a) Where an apprentice is required to attend block release training for training identified in or associated with their training contract, and such training requires an overnight stay, the employer must pay for the excess reasonable travel costs in attending such training. Provided that this clause will not apply where the apprentice could attend an alternate Registered Training Organisation (RTO) and the use of the more distant RTO is not agreed between the employer and the apprentice.

(b) For the purposes of this clause excess reasonable travel costs includes the total cost of reasonable transportation (including transportation of tools where required), accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling, including meals, which exceed those incurred in travelling to and from work.

(c) Excess travel costs payable under this clause can be offset by any amount the apprentice is eligible to receive for travel costs under a Government apprentice assistance scheme. Provided that an offset only applies where the employer has confirmed in writing to the apprentice their eligibility to claim the assistance under a specified scheme/s within one month before the apprentice attends the block release training.

5. By inserting a new clause 15.5 as follows:

15.5 Minimum Wages

The minimum wages applying to junior and adult apprentices are dealt with in clauses 35.2 and 35.3 in Section 1 and clause 48.1 and 51.3 in Section 2 of the Award.

6. By inserting a new clause 15.6 as follows:

15.6 No payment by results

An apprentice will not work under any system of payment by results. This does not preclude an apprentice receiving an above award bonus payment.

7. By inserting a new clause 15.7 as follows:

15.7 Overtime and Shiftwork

No apprentice, except in an emergency, is to work or be required to work overtime or shiftwork at times which would prevent their attendance in training consistent with their training contract.

8. By inserting a new clause 15.8 as follows:

15.8 Recognition of training and conditions of employment

(a) An apprentice is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.

(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 worked for the employer for the purposes of calculating the apprentice’s wages and determining the apprentice’s employment conditions.

(c) The notice of termination provisions of the NES apply to apprentices. The redundancy provisions of the NES do not apply to apprentices.

9. By deleting the heading “Wage rates” appearing in clause 35.2(b) and inserting the heading “Minimum wage rates for junior apprentices commencing or continuing an apprenticeship prior to 1 January 2014”.

10. By inserting the following between the heading and the table in clause 35.2(b):

For apprentices who commenced their apprenticeship prior to 1 January 2014 the minimum wages for a junior apprentice are as set out in the following table.

11. By inserting a new clause 35.2(c) as follows:

(c) Minimum Wage Rate for apprentices commencing an apprenticeship on and from 1 January 2014

(1) Table “A”: Minimum Wage from 1 January 2014:

(2) Table “B”: Minimum Wages from first pay period commencing on or after 1 January 2015:

12. By deleting the heading “Wage rates” appearing in clause 35.3(b) and inserting the heading “Minimum wage rates for adult apprentices commencing or continuing an apprenticeship prior to 1 January 2014”.

13. By inserting the following between the heading and the table in clause 35.3(b):

For adult apprentices who commenced their apprenticeship prior to 1 January 2014 the minimum wages are as set out in the following table:

14. By renumbering clause 35.3(c) as 35.3(d).

15. By inserting a new clause 35.3(c) as follows:

(c) Minimum wage rates for adult apprentices commencing an apprenticeship on and from 1 January 2014

16. By deleting clause 48.1 and inserting the following:

48.1 Minimum wage rates

(a) Minimum wage rates for apprentices other than adult apprentices commencing or continuing an apprenticeship prior to 1 January 2014

(b) Minimum wage rates for apprentices other than adult apprentices commencing an apprenticeship on and from 1 January 2014

(1) Table “A”: Minimum wages from 1 January 2014:

(2) Table “B”: Minimum Wages from first pay period commencing on or after 1 January 2015:

17. By deleting clause 49 and inserting the following:

49 Apprentice wage rates and progression

A junior or adult apprentice undertaking a full-time or part-time course can advance through an apprenticeship either by completing each stage of the required competencies in accordance with an agreed training plan entered into by an employer, an employee and the required training provider and consistent with the regulations of the relevant State or Territory Apprenticeship training Authority, or by completing each year of service of an apprenticeship.

18. By deleting the words “training agreement” wherever they appear in clause 51.1 and inserting the words “training contract”.

19. By deleting clause 51.3 and inserting the following:

51.3 Minimum wage rates for adult apprentices

(a) Minimum wages for adult apprentices commencing or continuing an apprenticeship prior to 1 January 2014

(b) Minimum wages for adult apprentices commencing an apprenticeship on and from 1 January 2014

20. By deleting clauses F.8 to F.10 and inserting the following:

F.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.

F.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.

F.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.

21. By updating the table of contents and 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   MA000089.

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