MA000007 PR544712 |
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
(AM2012/61, AM2012/110)
HIGHER EDUCATION INDUSTRY-GENERAL STAFF-AWARD 2010
[MA000007]
Educational services | |
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 2013,2 and pursuant to Item 6, Schedule 5 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, the Higher Education Industry - General Staff - Award 20103 is varied as follows:
1. By deleting clause 4.6 and inserting the following:
4.6 This award covers employers which provide group training services for apprentices and trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those apprentices and trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. This clause operates subject to the exclusions from coverage in this award.
2. By inserting clause 4.7 as follows:
4.7 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.
3. By deleting clause F.8 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.
4. By deleting clause F.9 and inserting the following:
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.
5. By deleting clause F.10 and inserting the following:
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.
6. By deleting the text preceding the table appearing in clause G.2.1 and inserting the following:
G.2.1 Minimum wage rates for building trades apprentices that commenced prior 1 January 2014
The minimum ordinary rate of pay to be paid to junior building trades apprentices, who commenced their apprenticeship prior to 1 January 2014, shall be in accordance with the percentages set out below applied to the standard rate.
7. By deleting clause G.2.2 and inserting the following:
G.2.2 The rate of pay of a building trades adult apprentice, who commenced their apprenticeship prior to 1 January 2014, will be the rate prescribed for Higher Education Worker Level 1.1 or the percentages in G.2.1, whichever is higher.
8. By inserting clauses G.2.3 as follows:
G.2.3 Minimum wage rates for building trades apprentices that commenced on or after 1 January 2014
(a) The minimum ordinary rate of pay to be paid to junior building trades apprentices, who commenced their apprenticeship on or after 1 January 2014, shall be in accordance with the percentages set out below applied to the HEW Level 3.1 rate.
(b) Where indicated below, the rate will be phased in with a partial increase from 1 January 2014 and the full increase from the first pay period on or after 1 January 2015.
Four year apprenticeship |
Has not completed year 12 |
Has completed year 12 |
Stage 1 |
50% |
From 1 January 2014 to 31 December 2014:
From the first pay period commencing on or after 1 January 2015:
|
Stage 2 |
60% |
From 1 January 2014 to 31 December 2014:
From the first pay period commencing on or after 1 January 2015:
|
Stage 3 |
75% |
75% |
Stage 4 |
90% |
90% |
Three year apprenticeship |
% of the HEW Level 3.1 rate |
Stage 1 |
55 |
Stage 2 |
75 |
Stage 3 |
90 |
9. By inserting clause G.2.4 as follows:
G.2.4 The rate of pay of a building trades adult apprentice, who commenced their apprenticeship on or after 1 January 2014, will be the rate prescribed for Higher Education Worker Level 1.1 or the percentages in G.2.3, whichever is higher.
10. By deleting the text preceding the table in clause G.3.1 and inserting the following:
G.3.1 Minimum wage rates for electrical trades apprentices that commenced prior to 1 January 2014
The minimum ordinary rate of pay to be paid to electrical trades apprentices, who commenced their apprenticeship prior to 1 January 2014, shall be in accordance with the percentages set out below applied to the standard rate.
11. By inserting clause G.3.2 as follows:
G.3.2 Minimum wage rates for electrical trades apprentices that commenced on or after 1 January 2014
(a) The minimum ordinary rate of pay to be paid to electrical trades apprentices, who commenced their apprenticeship on or after 1 January 2014, shall be in accordance with the percentages set out below applied to the HEW Level 3.1 rate.
(b) Where indicated below, the rate will be phased in with a partial increase from 1 January 2014 and the full increase from the first pay period on or after 1 January 2015.
Stage of apprenticeship |
Junior apprentice who has not completed year 12 |
Junior apprentice who has completed year 12 |
Adult apprentice |
Stage 1 |
From 1 January 2014 to 31 December 2014:
From the first pay period commencing on or after 1 January 2015:
|
From 1 January 2014 to 31 December 2014:
From the first pay period commencing on or after 1 January 2015:
|
From 1 January 2014 to 31 December 2014:
From the first pay period commencing on or after 1 January 2015:
|
Stage 2 |
60% |
From 1 January 2014 to 31 December 2014:
From the first pay period commencing on or after 1 January 2015:
|
HEW Level 1.1 |
Stage 3 |
75% |
75% |
HEW Level 1.1 |
Stage 4 |
85% |
85% |
HEW Level 1.1 |
12. By deleting the text preceding the table in clause G.4.1 and inserting the following:
G.4.1 Minimum Wage Rates for metal and engineering trades apprentices that commenced prior to 1 January 2014
The minimum ordinary rate of pay to be paid to metal and engineering trades apprentices, who commenced their apprenticeship prior to 1 January 2014, shall be in accordance with the percentages set out below applied to the standard rate.
13. By inserting a new clause G.4.2 as follows:
G.4.2 Minimum Wage Rates for metal and engineering trades apprentices that commenced on or after 1 January 2014
The minimum ordinary rates of pay to be paid to metal and engineering trades apprentices, who commenced their apprenticeship on or after 1 January 2014 are set out below applied to the HEW Level 3.1 rate. From 1 January 2014 the rates specified in Table A will apply, from the first pay period on or after 1 January 2015 the rates specified at Table B will apply.
Table A - Minimum wages from 1 January 2014
Stage of apprenticeship |
Column 1 |
Column 2 |
Column 3 |
Column 4 |
Completed Year 10 or less |
Completed Year 11 |
Completed Year 12 |
Adult (i.e. 21 years of age or over) | |
Stage 1 |
47% of the Higher Education Worker Level 3.1 rate |
50% of the of the Higher Education Worker Level 3.1 rate |
55% of the Higher Education Worker Level 3.1 rate |
80% of the Higher Education Worker Level 3.1 rate |
Stage 2 |
60% of the Higher Education Worker Level 3.1 rate |
60% of the Higher Education Worker Level 3.1 rate |
63.9% of the Higher Education Worker Level 3.1 rate |
Higher Education Worker Level 1.1 rate |
Stage 3 |
75% of the Higher Education Worker Level 3.1 rate |
75% of the Higher Education Worker Level 3.1 rate |
75% of the Higher Education Worker Level 3.1 rate |
Higher Education Worker Level 1.2 rate |
Stage 4 |
88% of the Higher Education Worker Level 3.1 rate |
88% of the Higher Education Worker Level 3.1 rate |
Higher Education Worker Level 1.3 rate |
Higher Education Worker Level 1.3 rate |
Table B - Minimum wages from first pay period commencing on or after 1 January 2015
Stage of apprenticeship |
Junior apprentice who has not completed Year 12 |
Junior apprentice who has completed year 12 |
Adult apprentice |
Stage 1 |
50% |
55% |
80% |
Stage 2 |
60% |
65% |
HEW 1.1 |
Stage 3 |
75% |
75% |
HEW 1.2 |
Stage 4 |
88% |
HEW 1.3 |
HEW 1.3 |
14. By deleting the text preceding the table in clause G.5.1 and inserting the following:
G.5.1 Minimum Wage Rates for plumbing trades apprentices that commenced prior to 1 January 2014
The minimum ordinary rate of pay to be paid to plumbing trades apprentices, who commenced their apprenticeship prior to 1 January 2014, shall be in accordance with the percentages set out below applied to the standard rate:”
15. By inserting clause G.5.2 as follows:
G.5.2 Minimum Wage Rates for plumbing trades apprentices that commenced on or after 1 January 2014
(a) The minimum ordinary rate of pay to be paid to plumbing trades apprentices, who commenced their apprenticeship on or after 1 January 2014, shall be in accordance with the percentages set out below applied to the HEW Level 3.1 rate.
(b) Where indicated below, the rate will be phased in with a partial increase from 1 January 2014 and the full increase from the first pay period on or after 1 January 2015.
Stage of apprenticeship |
Has not completed Year 12 |
Has completed Year 12 |
Stage 1 |
From 1 January 2014 to 31 December 2014:
From the first pay period commencing on or after 1 January 2015:
|
From 1 January 2014 to 31 December 2014:
From the first pay period commencing on or after 1 January 2015:
|
Stage 2 |
60% |
65% |
Stage 3 |
76% |
76% |
Stage 4 |
98% |
98% |
16. 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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