MA000036 PR545008 |
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
(AM2012/199)
PLUMBING AND FIRE SPRINKLERS AWARD 2010
[MA000036]
Plumbing industry | |
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT |
MELBOURNE, 28 NOVEMBER 2013 |
Transitional review of modern awards - apprentices, trainees and juniors - non-common matters - Peak Sports Apprenticeships.
A. Further to the decision of 28 November 2013 1 and pursuant to Item 6, Schedule 5 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, the Plumbing and Fire Sprinklers Award 20102 (the Award) is varied as follows:
1. By deleting clause 15.10 and inserting the following:
15.10 Attendance at a Registered Training Organisation
(a) The apprentice will be released by the employer to attend a Registered Training Organisation during ordinary working hours of work for the purposes of undertaking the off the-job component of the apprenticeship training without loss of pay.
(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 spent worked for the employer for the purposes of calculating the apprentice's wages and determining the apprentices employment conditions.
2. By inserting a new clause 15.11 as follows:
15.11 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 15.11(a) above.
3. By deleting clause 26 and inserting the following:
26. School-based apprenticeship and Peak Sports Apprenticeships
26.1 School-based apprenticeship
See Schedule E
26.2 Peak Sports Apprenticeships
See Schedule H
4. By inserting a new Schedule H as follows:
Schedule H—Peak Sports Apprenticeships
H.1 This schedule applies to peak sports apprenticeships. A peak sports apprentice is a person who is undertaking an apprenticeship in accordance with this award while also being contracted to play sport at a peak level.
H.2 Peak sports apprenticeships are only available to persons contracted to relevant National Sports Associations to play at a peak level. Relevant National Sports Associations as at the date of this schedule are:
(a) National Rugby League (NRL);
(b) Australian Football League (AFL);
(c) Football Federation Australia (FFA); and
(d) Cricket Australia
H.3 The Fair Work Commission may approve organisations other than those organisations listed in H.2 as Relevant National Sports Associations. The Fair Work Commission will consider submissions from interested parties before it decides whether to grant this approval.
H.4 A person of any age may undertake a peak sports apprenticeship in the trades covered by this award under a training agreement or contract of training for an apprenticeship declared or recognised by the relevant State or Territory authority.
H.5 The conditions of each peak sports apprenticeship contract with the Relevant National Sports Association must allow the apprentice to engage in either part-time or full-time work or training from time to time, to balance the varying requirements of the apprentice's sports commitments as well as the arrangements required by the apprenticeship.
H.6 At the completion of a peak sports apprenticeship, the apprentice will obtain a qualification in one of the trades covered by this award and be eligible to register as a tradesperson.
H.7 Each peak sports apprenticeship must be:
(a) supported by a Club Welfare and Education Manager (or the equivalent) of a Relevant National Sports Association; and
(b) approved by the Commissioner for Vocational Training (or the equivalent) for the relevant State or Territory.
H.8 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice, and may not exceed six years.
H.9 Peak sports apprentices may vary their workload each year during their apprenticeship, depending on their contractual commitments to the Relevant National Sports Association.
H.10 The relevant minimum wages for full-time junior and adult apprentices provided for in this award, calculated hourly, will apply to peak sports apprentices for hours worked including time deemed to be spent in off-the-job training.
H.11 For the purposes of this schedule, off-the-job training is structured training delivered by a Registered Training Organisation that is separate from normal work duties or general supervised practice undertaken on the job.
H.12 A peak sports apprentice must be allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.
H.13 Peak sports apprentices may be subject to certain conditions of skills assessment within the apprenticeship based on the following factors (which are non-exhaustive):
(a) hours worked;
(b) workplace assessment;
(c) registered Training Organisation assessment requirements; and
(d) workplace evidence gathering.
H.14 The apprentice wage scale applicable to peak sports apprentices are based on a standard full-time apprenticeship of four years.
H.15 If a peak sports apprentice converts from part-time to full-time, all time spent as a part-time or full-time apprentice will count for the purposes of progression through the relevant wage scale.
H.16 Peak sports apprentices are entitled pro rata to all of the other conditions in this award.
5. By updating all cross references the table of contents accordingly.
B. To the extent that paragraphs A.1 and A.2 of this determination are inconsistent with paragraph A.1 of the determination varying the Award dated 22 November 2013, 3 this determination prevails.
C. This determination comes into operation on the first full pay period commencing on or after 1 January 2014.
SENIOR DEPUTY PRESIDENT
2 Fair Work Commission Print Number MA000036.
3 Fair Work Commission Print Number PR544633.
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