MA000026 PR544749 |
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
(AM2012/141)
GRAPHIC ARTS, PRINTING AND PUBLISHING AWARD 2010
[MA000026]
Graphic Arts | |
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT |
SYDNEY, 22 NOVEMBER 2013 |
Transitional review of modern awards - apprentices, trainees and juniors - 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 Graphic Arts, Printing and Publishing Award 20102 is varied as follows:
1. By inserting the following definition in clause 3.1 in alphabetical order:
apprentice where referenced in this award includes a reference to an adult apprentice unless provided for otherwise
2. By deleting clause 13.1 and inserting the following:
13.1 The terms and conditions of employment of this award will apply to apprentices, including adult apprentices, except as provided in this clause or where otherwise stated or where special provisions apply. Apprentices may be engaged in trades or occupations provided for in this clause where declared or recognised by an apprenticeship authority.
3. By deleting clause 13.8.
4. By deleting clause 13.9.
5. By re-numbering clauses 13.2 to 13.7 as 13.4 to 13.9.
6. By inserting a new clause 13.2 as follows:
13.2 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.
7. By inserting a new clause 13.3 as follows:
13.3 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 D—School-based apprentices.
8. By deleting the words “training agreement” wherever it appears in clause 13.5 and inserting “training contract”.
9. By deleting the words “the National Printing Industry Training Council” appearing in clause 13.5 and inserting the words “Innovation and Business Skills Australia”.
10. By deleting the words “National Training Framework Committee” appearing in clause 13.5 and inserting the words “National Skills Standards Council”.
11. By deleting the words “contract of apprenticeship or a training agreement” appearing in clause 13.7 and inserting the words “training contract”.
12. By deleting the words “training agreement” appearing in clause 13.7 and inserting the words “training contract”.
13. By inserting an additional sentence at the end of clause 13.8 as follows:
The notice of termination provisions of the NES apply to apprentices. Redundancy provisions do not apply to apprentices.
14. By deleting the words “training agreement or contract of apprenticeship” appearing in clause 13.9 and inserting the words “training contract”.
15. By re-numbering clauses 13.10 to 13.13 as 13.12 to 13.15.
16. By inserting a new clause 13.10 as follows:
13.10 Reimbursement of Fees and Textbooks
(a) 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 apprentice in connection with their 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 apprentice commencing training with the registered Training Organisation, , 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 13.10(a) above.
(c) Costs associated with training that is not in connection with an apprentice’s training contract are subject to clause 24.5 and not this clause.
17. By inserting a new clause 13.11 as follows:
13.11 Travel payment for block release training
(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 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.
(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. 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.
(c) 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.
18. By re-numbering clauses 13.13(a) to 13.13(c) as 13.13(b) to 13.13(d).
19. By inserting a new clause 13.13(a) as follows:
(a) No apprentice, except in an emergency, is to work or be required to work overtime or shiftwork at times which would prevent their attendance at training consistent with the training contract.”
20. By deleting the preamble appearing in clause 19.1 and inserting the following:
19.1 Minimum wage rates for apprentices (other than adult apprentices) continuing an apprenticeship that commenced prior to 1 January 2014
Where work is performed by an apprentice (other than an adult apprentice), who is continuing their apprenticeship which commenced prior to 1 January 2014, the minimum wage rate will be the percentage set out below of the wage prescribed for classification level 5 of this award:
21. By re-numbering clauses 19.2 and 19.3 as 19.3 and 19.4.
22. By inserting a new clause 19.2 as follows:
19.2 Minimum wage rates for apprentices (other than adult apprentices) that commenced on or after 1 January 2014
(a) Where work is performed by an apprentice (other than an adult apprentice), who commenced their apprenticeship on or after 1 January 2014, the minimum wage rate and competency based wage progression will be the percentage set out below of the wage prescribed for classification level 5 of this award.
(b) For first year apprentices (other than an adult apprentices), who commenced on or after 1 January 2014 and who have completed Year 12 Schooling, the increased percentage will be phased in. From 1 January 2014 to 31 December 2014 the minimum first year rate will be 52.5% of the wage prescribed for classification level 5 of this award. From 1 January 2015 the minimum first year rate will be 55% of the wage prescribed for classification level 5 of this award.
Stage of apprenticeship |
Has not completed year 12 |
Has completed year 12 |
1 |
50% |
From 1 January 2014 to 31 December 2014:
From the first pay period commencing on or after 1 January 2015:
|
2 |
60% |
65% |
3 |
72.5% |
72.5% |
4 |
87.5% |
87.5% |
23. By deleting the preamble appearing in clause 20.2 and inserting the following:
20.2 Minimum wage rates for adult apprentices who commenced prior to 1 January 2014
Subject to clause 20.1 where work is performed by an adult apprentice, including the wages of probationers for apprenticeship, who commenced their apprenticeship prior to 1 January 2014 the minimum wages rates are set out below as a percentage of the wage prescribed for classification level 5 of this award:
24. By re-numbering clauses 20.3 to 20.6 as clauses 20.4 to 20.7.
25. By inserting a new clause 20.3 as follows:
20.3 Minimum Wage Rates for adult apprentices on or after 1 January 2014
Subject to clause 20.1 where work is performed by an adult apprentice, including the wages of probationers for apprenticeship, who commenced their apprenticeship on or after 1 January 2014, the minimum wage rate and competency based wage progression will be the percentage set out below of the wage prescribed for classification level 5 of this award:
Stage of apprenticeship |
Adult apprentice |
1 |
82% |
2 |
87% |
3 |
92% |
4 |
100% |
26. By deleting clause D.8 and inserting the following:
D.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.
27. By deleting clause D.8 and inserting the following:
D.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.
28. By deleting clause D.8 and inserting the following:
D.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.
29. 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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