MA000026 PR545493 |
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, 12 DECEMBER 2013 |
Transitional review of modern awards - apprentices, trainees and junior rates - common matters - competency based wage progression.
A. Further to the decision of 12 December 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 deleting clause 13 and inserting the following:
13. Apprentices
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.
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.
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.
13.4 Subject to appropriate State or Territory legislation an employer must not employ an unapprenticed junior in a trade or occupation provided for in this clause.
13.5 Training packages and trades
(a) Where it is consistent with State or Territory legislation, an apprentice may be engaged under a training contract approved by an apprenticeship authority, provided the qualification outcome specified in the training agreement is consistent with that established for apprenticeships in the trade training package determined from time to time by the Innovation and Business Skills Australia and endorsed by the National Skills Standards Council.
(b) Subject to clause 13.1 an apprenticeship may be undertaken in any of the following trades:
● Graphic pre-press;
● Printing machining;
● Binding and finishing; or
● Screen printing stencil preparation.
13.6 For the purposes of clause 13, apprenticeship authority means a State or Territory training authority with responsibility for the apprenticeship.
13.7 In order to undertake trade training in accordance with clause 13.5 a person must be a party to a training contract in accordance with the requirements of the apprenticeship authority or State or Territory legislation. The employer will provide, and/or provide access to, training consistent with the contract or training agreement without loss of pay.
13.8 An apprenticeship may be cancelled or suspended only in accordance with the requirements of the training contract and the requirements of State or Territory legislation and the apprenticeship authority.
13.9 The probationary period of an apprentice will be as set out in the training contract consistent with the requirement of the apprenticeship authority and with State or Territory legislation but will not exceed six months.
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 25.4 and not this clause.
13.11 Nominal period of apprenticeship
(a) The nominal period of apprenticeship will be four years.
(b) The nominal period may be varied to such other period as is approved by an apprenticeship authority provided that any credits granted will be counted as part of the apprenticeship for the purpose of wage progression under clause 17—Wage rates and classification structure.
(c) Further the period may be varied to such other period as is approved by an apprenticeship authority on the basis of:
(i) recognition of prior leaning including vocational education and training in school, pre-apprenticeship programs and other prior leaning; or
(ii) an approved competency based training program; or
(iii) an approved graphic arts pre-vocational course.
13.12 Competency based completion
Notwithstanding the nominal period, the apprenticeship is completed in a shorter period when:
(a) the qualification specified in the training contract is successfully completed; and
(b) the apprentice has the necessary practical experience to achieve competency in the skills covered by the training contract, provided that the determination as to whether this condition has been met must be by agreement between the registered training organisation, the employer and the apprentice and where there is a disagreement concerning this matter the matter may be referred to the relevant State/Territory apprenticeship authority for determination; and
(c) the requirements of the relevant State/Territory apprenticeship authority with respect to demonstration of competency and any minimum necessary work experience requirements are met; and
(d) with respect to trades where there are additional licensing or regulatory requirements under State legislation, when these requirements are met.
13.13 Release for training
(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.
(b) An apprentice who is engaged in day release training may only be employed on day work.
(c) An apprentice who is engaged on block release training may only be employed on day work except where an apprentice is engaged on block release training and has completed three years’ block release training and three years of the apprenticeship, when the apprentice may be employed on day work or shiftwork.
(d) Notwithstanding clauses 13.13(b) and (c) an apprentice who is engaged on block release training and who is aged 18 years or more may agree to be employed on morning or afternoon shift except during periods of attendance on block release training.
13.14 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.
13.15 Apprentice rates of pay
(a) As specified in clause 19.2, an apprentice will be entitled to a higher rate of pay based on competency based progression or after working a 12 month period.
(b) Absences due to annual leave and paid personal leave/compassionate leave will be counted as part of the 12 month period.
(c) At the request of the apprentice any time that has been worked by the apprentice in excess of their ordinary hours will be credited to the apprentice:
(i) in reduction of the time that needs to be worked in the relevant year; or
(ii) when calculating the amount of additional time that needs to be worked in the relevant year.
13.16 Competency based progression
(a) For the purpose of competency based wage progression in clauses 19.2 and 20.3 an apprentice will be paid at the relevant wage rate for the next stage of their apprenticeship if:
(i) competency has been achieved in the relevant proportion of the total units of competency specified in clauses 19.2 and 20.3 for that stage of the apprenticeship. The units of competency which are included in the relevant proportion must be consistent with any requirements in the training plan; and
(ii) any requirements of the relevant State/Territory apprenticeship authority and any additional requirements of the relevant training package with respect to the demonstration of competency and any minimum necessary work experience requirements are met; and
(iii) either:
(A) the Registered Training Organisation (RTO), the employer and the apprentice agree that the abovementioned requirements have been met; or
(B) the employer has been provided with written advice that the RTO has assessed that the apprentice meets the abovementioned requirements in respect to all the relevant units of competency and the employer has not advised the RTO and the apprentice of any disagreement with that assessment within 21 days of receipt of the advice.
(b) If the employer disagrees with the assessment of the RTO referred to in clause 13.16(a)(iii)(B) above, and the dispute cannot be resolved by agreement between the RTO, the employer and the apprentice, the matter may be referred to the relevant State/Territory apprenticeship authority for determination. If the matter is not capable of being dealt with by such authority it may be dealt with in accordance with the dispute resolution clause in this award. For the avoidance of doubt, disputes concerning other apprenticeship progression provisions of this award may be dealt with in accordance with the dispute resolution clause.
(c) For the purposes of this clause, the training package containing the qualification specified in the contract of training for the apprenticeship, sets out the assessment requirements for the attainment of the units of competency that make up the qualification. The definition of “competency” utilised for the purpose of the training packages and for the purpose of this clause is the consistent application of knowledge and skill to the standard of performance required in the workplace. It embodies the ability to transfer and apply skills and knowledge to new situations and environments.
(d) The apprentice will be paid the wage rate referred to in clause 13.16(a) from the first full pay period to commence on or after the date on which an agreement or determination is reached in accordance with clause 13.16(a)(iii) or on a date as determined under the dispute resolution process in clause 13.16(b).
13.17 Operation of State or Territory laws
In any State or Territory in which any statute or regulation relating to apprentices is in force, that statute or regulation will operate in that State or Territory provided that the provisions of the statute or regulation are not inconsistent with this award in which case the provisions of this award will apply.
2. 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 |
Entry, exit and progression requirements |
Has not completed year 12 |
Has completed year 12 |
1 |
Entry
Exit
|
50% |
From 1 January 2014 to 31 December 2014:
From the first pay period commencing on or after 1 January 2015:
|
2 |
Entry
● on attainment of 25% of the total competency points for the relevant AQF Certificate qualification specified in the training plan; or
whichever is earlier. Exit
|
60% |
65% |
3 |
Entry
● on attainment of 50% of the total competency points for the relevant AQF Certificate qualification specified in the training plan; or
whichever is earlier. Exit
|
72.5% |
72.5% |
4 |
Entry
● on attainment of 75% of the total competency points for the relevant AQF Certificate qualification specified in the training plan; or
whichever is earlier. Exit
|
87.5% |
87.5% |
3. By inserting a new clause 20.3 as follows:
20.3 Minimum wage rates for adult apprentices that commenced 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 |
Entry, exit and progression requirements |
Adult apprentice |
1 |
Entry
Exit
|
82% |
2 |
Entry
● on attainment of 25% of the total competency points for the relevant AQF Certificate qualification specified in the training plan; or
whichever is earlier. Exit
|
87% |
3 |
Entry
● on attainment of 50% of the total competency points for the relevant AQF Certificate qualification specified in the training plan; or
whichever is earlier. Exit
|
92% |
4 |
Entry
● on attainment of 75% of the total competency points for the relevant AQF Certificate qualification specified in the training plan; or
whichever is earlier. Exit
|
100% |
4. By deleting clauses D.8 to D.10 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.
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.
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.
5. By updating all cross references and the table of contents accordingly.
B. To the extent that item A.1 of this determination is inconsistent with items A.2 to A.19 of the determination issued by the Full Bench on 22 November 2013, 3 this determination prevails.
C. To the extent that item A.2 of this determination is inconsistent with item A.22 of the determination issued by the Full Bench on 22 November 2013, 4 this determination prevails.
D. To the extent that item A.3 of this determination is inconsistent with item A.25 of the determination issued by the Full Bench on 22 November 2013, 5 this determination prevails.
E. To the extent that item A.4 of this determination is inconsistent with items A.26 to A.28 of the determination issued by the Full Bench on 22 November 2013, 6 this determination prevails.
F. 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 Publication Number MA000026.
3 Fair Work Commission Print Number PR544749.
4 Ibid.
5 Ibid.
6 Ibid.
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