MA000010 PR544780 |
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
(AM2012/76, AM2012/109)
MANUFACTURING AND ASSOCIATED INDUSTRIES AND OCCUPATIONS AWARD 2010
[MA000010]
Manufacturing and associated industries | |
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 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 Manufacturing and Associated Industries and Occupations Award 20102 is varied as follows:
1. By inserting the following definition in clause 3.1 in alphabetical order:
apprentice includes an adult apprentice
2. By deleting the word “agreement” from the definition of “adult apprentice” in clause 3.1 and inserting the word “contract”.
3. By deleting the words “National Quality Council” wherever they appear in clause 15.4 and inserting the words “National Skills Standards Council”.
4. By deleting the words “training agreement” wherever they appear in clause 15.4 and inserting the words “training contract”.
5. By deleting the words “National Quality Council” wherever they appear in clause 15.5 and inserting the words “National Skills Standards Council”.
6. By deleting the words “training agreement” wherever they appear in clause 15.8 and inserting the words “training contract”.
7. By deleting words “training agreement” appearing in clause 15.9 and inserting the words “training contract”.
8. By deleting the words “training agreement” appearing in clause 15.10 and inserting the words “training contract”.
9. By deleting the words “or contract” from clause 15.10.
10. By deleting clause 15.11 and inserting the following:
15.11 Apprentice conditions of employment
(a) Except as provided in clause 15—Apprentices or where otherwise stated, all conditions of employment specified in this award apply to apprentices.
(i) 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.
(ii) 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 C—School-based apprentices.
(iii) The notice of termination provisions of the NES apply to apprentices. 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 specified in, or associated with, the training contract must be reimbursed to the apprentice within six 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), whichever is the later, 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 15.11(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.
11. By deleting the words “training agreement” wherever they appear in clause 15.14 and inserting the words “training contract”.
12. By deleting clause 15.15.
13. By renumbering clauses 15.16 to 15.18 as clauses 15.15 to 15.17.
14. By deleting clause 15.16 and inserting the following:
15.16 Extension of nominal term
(a) The nominal period of the apprenticeship is extended by an additional day for each day of absence during each year of the apprenticeship, except in respect of absences due to annual leave or long service leave.
(a) Periods of paid personal/carer’s leave which total ten or less days in any apprenticeship year do not extend the nominal period of the apprenticeship.
(c) Except where the apprentice meets the competency requirements to progress to the next stage as set out in clause 25.7 the following year of their apprenticeship does not commence until the additional days have been worked. However, any time that has been worked by the apprentice in excess of their ordinary hours must be credited to the apprentice when calculating the amount of additional time that needs to be worked in the relevant year.
15. By deleting the words “training agreement” appearing in clause 15.17 and inserting the words “training contract”.
16. By deleting the words “National Quality Council” appearing in clause 17.2(a)(i) and inserting the words “National Skills Standards Council”.
17. By deleting the words “training agreement” appearing in clause 17.2(a)(i) and inserting the words “training contract”.
18. By deleting the words “training agreement” appearing in clause 17.2(a)(ii) and inserting the words “training contract”.
19. By deleting the words “National Quality Council” appearing in clause 17.2(a)(v) and inserting the words “National Skills Standards Council”.
20. By deleting the words “Training Agreement” appearing in clause 17.2(a)(vi) and inserting the words “Training contract”.
21. By deleting the words “means an agreement” appearing in clause 17.2(a)(vi) and inserting the words “means a contract”.
22. By deleting the words “training agreement” appearing in clause 17.2(a)(viii) and inserting the words “training contract”.
23. By deleting the words “training agreement” appearing in clause 17.2(i) and inserting the words “training contract”.
24. By deleting the text preceding the table appearing in clause 25.1 and inserting the following heading and text:
25.1 Minimum wage rates for apprentices commencing or continuing an apprenticeship prior to 1 January 2014
For apprentices who commenced their apprenticeship prior to 1 January 2014 the minimum wages for an apprentice, except as provided for in clause 26—Adult apprentice minimum wages, are as set out in the following table, provided that progression through the stages set out in this table is in accordance with clause 25.7:
25. By deleting the words “The table in clause 25.1 applies” appearing clause 25.2 and inserting the words “The tables in clauses 25.1 and 25.6 apply”.
26. By renumbering clause 25.6 as clause 25.7.
27. By inserting a new clause 25.6 as follows:
25.6 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 26—Adult apprentice minimum wages, are as set out in Table “A” below, provided that progression through the stages set out in this table is in accordance with clause 25.7.
(b) From the first pay period commencing 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 26—Adult apprentice, minimum wages are as set out in Table “B” below, provided that progression through the stages set out in this table is in accordance with clause 25.7.
TABLE A – Minimum Wages from 1 January 2014
Column 1 |
Column 2 |
Column 3 |
Column 4 | |||||||||
STAGE OF APPREN-
|
HAS COMPLETED YEAR 10 |
HAS COMPLETED
|
HAS COMPLETED YEAR 12 |
ADULT APPRENTICE | ||||||||
% |
Min Weekly Wage $ |
Hourly Rate
|
% |
Min Weekly Wage $ |
Hourly Rate
|
% |
Min Weekly Wage $ |
Hourly Rate
|
Classifi-cation or % of C10 |
Min Weekly rate $ |
Hourly Rate
| |
1 |
47 |
340.52 |
8.96 |
50 |
362.25 |
9.53 |
55 |
398.48 |
10.49 |
80% |
579.60 |
15.25 |
2 |
60 |
434.70 |
11.44 |
60 |
434.70 |
11.44 |
63.9 |
462.96 |
12.18 |
C14 |
622.20 |
16.37 |
3 |
75 |
543.38 |
14.30 |
75 |
543.38 |
14.30 |
75 |
543.38 |
14.30 |
C13 |
640.20 |
16.85 |
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
Column 1 |
Column 2 |
Column 3 | |
Stage of apprenticeship |
Has not completed Year 12 (% of C10) |
Has completed year 12 (% of C10 or classification) |
Adult apprentice (% of C10 or classification) |
1 |
50 |
55 |
80 |
2 |
60 |
65 |
C14 |
3 |
75 |
75 |
C13 |
4 |
88 |
C12 |
C12 |
28. By deleting the words “clause 25.1” appearing in clause 25.7 and inserting the words “clauses 25.1 and 25.6”.
29. By deleting the words “training agreement” wherever they appear in clause 26.1 and inserting the words “training contract”.
30. By deleting clause 26.2 and inserting the following:
26.2 Subject to clause 26.1, the minimum wages for an adult apprentice are set out in Column 4 of the table in clause 25.1 and Column 4 of Table A and Column 3 of Table B in clause 25.6 as determined by the relevant time period.
31. By inserting the words “or Column 1 of Table A or B of clause 25.6 as applicable” after the words “clause 25.5” in clause 32.1(c)(iv).
32. By deleting the words “National Quality Council” appearing in clause B.3.1(b)(ii) and inserting the words “National Skills Standards Council”.
33. By deleting the words “training agreement or contract of training” appearing in clause C.2 and inserting the words “training contract”.
34. By deleting the words “training agreement or contract” appearing in clause C.7 and inserting the words “training contract”.
35. By deleting clause C.8 and inserting the following:
C.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.
36. By deleting clause C.9 and inserting the following:
C.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.
37. By deleting clause C.10 and inserting the following:
C.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.
38. By deleting the words “National Quality Council” wherever they appear in clause D.2 and inserting the words “National Skills Standards Council”.
39. 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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