MA000087 PR544732 [Note: a correction has been issued to this document]

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
(AM2012/152)

SUGAR INDUSTRY AWARD 2010
[MA000087]


Sugar 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 decisions of 22 August 2013 1 and 22 November 20132 and pursuant to Item 6, Schedule 5 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, the Sugar Industry Award 20103 is varied as follows:

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

adult apprentice means a person over 21 years of age at the time of entering into a training contract as provided for in clause 12

apprentice includes an adult apprentice

2. By deleting the sentence “The terms of this award apply to apprentices, including adult apprentices, except where otherwise stated.” appearing in clause 12.1.

3. By deleting the words “training agreement” appearing in clause 12.4 and inserting the words “training contract”.

4. By deleting the words “National Quality Council” appearing in clause 12.4 and inserting the words “National Skills Standards Council”.

5. By deleting the words “training agreement” appearing in clause 12.5 and inserting the words “training contract”.

6. By deleting the words “training agreement” appearing in clause 12.6 and inserting the words “training contract”.

7. By deleting the words “or contract” appearing in clause 12.6.

8. By deleting clause 12.7 and inserting the following:

12.7 Training arrangements

(a) Apprentice conditions

(i) Except as provided in clause 12 or where otherwise stated, all conditions of employment specified in this award apply to apprentices.

(ii) 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.

(iii) Time spent by an apprentice, 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. This clause operates subject to the provisions of Schedule B—School-based apprentices.

(iv) The notice of termination provisions of the NES apply to apprentices. Subject to clause 16.6(b) and 16.7 the redundancy provisions of the NES do not apply to apprentices.

(b) Payment of fees and textbooks

(i) Any costs associated with standard 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 under the training contract, will 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 apprentice commencing training with the Registered Training Organisation (RTO), unless there is unsatisfactory progress;

(ii) 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 12.7(b)(i) above.

(c) Travel payment for block release training

(i) 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 incurred by the apprentice in the course of travelling to and from 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.

(ii) 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. For the purposes of this clause excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.

(iii) The amount payable by an employer under this clause may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.

9. By deleting the words “training agreement” appearing in clause 12.11 and inserting the words “training contract”.

10. By deleting the words “training agreement” appearing in clause 12.13.

11. By deleting the clause title and preamble appearing in clause 40.5 and inserting the following:

40.5 Minimum wage rate for apprentices commencing or continuing an apprenticeship prior to 1 January 2014

The minimum wage for apprentices who commenced an apprenticeship prior to January 1, 2014 are, except as provided for in clause 40.7—Adult apprentice minimum wages, as set out in the following table:

12. By inserting clause 40.6 as follows:

40.6 Minimum Wages for apprentices commencing an apprenticeship on and from 1 January 2014

(a) From 1 January 2014, the minimum wages for apprentices commencing an apprenticeship on and from 1 January, 2014, except as provided for in clause 40.7—Adult apprentice minimum wages are as set out in Table A below.

(b) From the first pay period on or after 1 January, 2015 the minimum wages for apprentices who commenced an apprenticeship on and from 1 January, 2014 except as provided for in clause 40.7—Adult apprentice minimum wages are as set out in Table B below.

Table A—Minimum wages from 1 January 2014 (% are of the C10 rate at clause 40.1)


	Column 1			Column 2			Column 3			Column 4
Stage of apprenticeship	Has completed year 12			Has completed year 11			Has completed year 12			Adult apprentice aged 21+
Stage of apprenticeship	%	Min weekly wage $	Hourly rate $	%	Min weekly wage $	Hourly rate $	%	Min weekly wage $	Hourly rate $	%	Min weekly wage $	Hourly rate $
Stage 1	47	340.52	8.96	50	362.25	9.53	55	398.48	10.49	80	579.60	15.25
Stage 2	60	434.70	11.44	60	434.70	11.44	63.9	462.96	12.18	C14	622.20	16.37
Stage 3	75	543.38	14.30	75	543.38	14.30	75	543.38	14.30	C13	640.20	16.85
Stage 4	88	637.56	16.78	88	637.56	16.78	C12	664.80	17.49	C12	664.80	17.49

Table B—Minimum wages from first pay period commencing on or after 1 January 2015 (% are of the C10 rate at clause 40.1)

	Column 1	Column 2	Column 3
Stage of apprenticeship	Has not completed year 12 (%)	Has completed year 12 (% or classification)	Adult apprentice 21+ years (% or classification)
Stage 1	50	55	80
Stage 2	60	65	C14
Stage 3	75	75	C13
Stage 4	88	C12	C12

13. By inserting clause 40.7 as follows:

40.7 Adult apprentice minimum wages

(a) A person employed by an employer under this award immediately prior to entering into a training contract as an adult apprentice with that employer must not suffer a reduction in their minimum wage by virtue of entering into the training contract. 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 40.1 in which the adult apprentice was engaged immediately prior to entering into the training agreement.

(b) This clause applies where the employee , immediately prior to entering into a training contract as an adult apprentice has been an employee in the enterprise for a minimum of 6 months full-time employment or twelve months part-time or regular and systematic casual employment.”

14. By deleting the clause title and preamble appearing in clause 42.2 and inserting the following:

42.2 Minimum wage rate for apprentices commencing or continuing an apprenticeship prior to 1 January 2014

For apprentices, who commenced or are continuing their apprenticeship prior to 1 January 2014 the minimum rates for apprentices engaged in bulk terminal operations, except as provided for in clause 40.7—Adult apprentice minimum wages are as set out in the table below:

15. By inserting clause 42.3 as follows:

42.3 Minimum wages for apprentices commencing an apprenticeship on and from 1 January 2014

(c) The percentages in the tables below are of the ordinary weekly wage rate prescribed in Clause 42 for classification BT6.

Table A—Minimum wages from 1 January 2014


Stage of apprenticeship	Has or has not completed year 12			Adult apprentice aged 21+
Stage of apprenticeship	%	Min weekly wage $	Hourly rate $	Classification or %	Min weekly wage $	Hourly rate $
Stage 1	47	368.01	9.68	80	626.00	16.47
Stage 2	60	469.80	12.36	BT1 - but no lower than first year rate	626.00	16.47
Stage 3	75	587.25	15.45	BT2	645.00	16.97
Stage 4	88	689.04	18.13	88	689.04	18.13

Table B—Minimum wages from first pay period on or after 1 January 2015

Stage of apprenticeship	Has not completed year 12 (%)	Has completed year 12 (%)	Adult apprentice 21+ years (% or classification)
Stage 1	50	55	80
Stage 2	60	65	BT1
Stage 3	75	75	BT2
Stage 4	88	88	88

16. By inserting clause 42.4 as follows:

42.4 Adult apprentice minimum wages

The provisions of clause 40.7—Adult apprentice minimum rates apply to apprentices employed under this Part 9 as if references to classifications were references to classifications contained in clause 42.1.

17. By deleting the words “training agreement or contract of training” appearing in clause B.2 and inserting the words “training contract”.

18. By deleting the words “training agreement or contract” appearing in clause B.7 and inserting the words “training contract”.

19. By deleting clause B.8 and inserting the following:

B.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.

20. By deleting clause B.9 and inserting the following:

B.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. 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.

21. By deleting clause B.10 and inserting the following:

B.10 If an apprentice converts from school-based to full-time, the successful completion of competencies 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.

22. By deleting the words “National Quality Council” wherever it appears in Schedule D and inserting the words “National Skills Standards Council”.

23. 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 [2013] FWCFB 9092.

3 MA000087.

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