|FAIR WORK COMMISSION|
Fair Work Act 2009
s.160—Variation of modern award
Application by the Australian Trainers’ Association
HORSE AND GREYHOUND TRAINING AWARD 2010
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT
SYDNEY, 10 NOVEMBER 2014
Application by the Australian Trainers’ Association to vary the Horse and Greyhound Training Award 2010.
A. Further to the decision issued on 10 November 2014 1 and pursuant to section 160 of the Fair Work Act 2009, the Horse and Greyhound Training Award 20102 is varied as follows:
1. by inserting in clause 13.1 the following:
Apprentice jockey (minimum wage payable to an apprentice jockey is to be calculated by applying the relevant percentage in clause 13.6 (a), (b) & (c) to the track rider minimum weekly wage)
2. by inserting after clause 13.5 the following:
13.6 Apprentice minimum wages
(a) An apprentice except as provided for in clause 13.6(b) and (c) must be paid a minimum of the following percentage of the minimum wage of the relevant classification in clause 13.1 determined in accordance with the following table:
Relevant attribute of the person at the time of entering into a training agreement as an apprentice
Year of apprenticeship
Percentage for apprentices who have not completed year 12
Percentage for apprentices who have completed year 12
(b) An adult apprentice who commenced on or after 1 January 2014 and is in the first year of their apprenticeship must be paid 80% of the minimum wage of the relevant classification in clause 13.1, or the rate prescribed by clause 13.6 (a) for the relevant year of the apprenticeship, whichever is the greater.
(c) An adult apprentice who commenced on or after 1 January 2014 and is in the second and subsequent years of their apprenticeship must be paid the rate for the lowest adult classification in clause 13.1, or the rate prescribed by clause 13.6 (a) for the relevant year of the apprenticeship, whichever is the greater.
(d) A person employed by an employer under this award immediately prior to entering into a training agreement as an adult apprentice with that employer must not suffer a reduction in their minimum wage by virtue of entering into the training agreement, provided that the person has been an employee in that enterprise for at least six months as a full-time employee or twelve months as a part-time or regular and systematic casual employee immediately prior to commencing the apprenticeship. 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 13.1 in which the adult apprentice was engaged immediately prior to entering into the training agreement.
(e) Clause 13.6(a) will be effective from 1 January 2010. The retrospective application of this clause is not to result in a reduction in the take-home pay that has been paid by the employer to any apprentice who may have been covered by this award at the relevant time.
13.7 Apprentice conditions of employment
(a) Except where otherwise stated, all conditions of employment specified in this award apply to apprentices.
(b) 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 alternative Registered Training Organisation (RTO) and the use of the more distant RTO is not agreed between the employer and the apprentice.
(c) For the purposes of (b) above, excess reasonable travel costs include the total costs 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 subclause excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.
(d) The amount payable by an employer under (b) 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.
(e) All fees charged by an RTO and the cost of all prescribed textbooks for the apprenticeship, which are paid by an apprentice, shall be reimbursed by the employer within six months of the commencement of the apprenticeship or the relevant stage of the apprenticeship, or within three months of the commencement of the training provided by the RTO, whichever is the later, unless there is unsatisfactory progress.
(f) An employer may meet its obligations under (e) by paying any fees and/or cost of textbooks directly to the RTO.
(g) Time spent by an apprentice in attending any training and/or 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 subclause operates subject to the provisions of Schedule E – School-based apprentices.
(h) No apprentice will, except in an emergency, work or be required to work overtime or shift work at times which would prevent their attendance at the RTO, as required by any statute, award, regulation or the contract of training applicable to them.
(i) The notice of termination provisions of the NES apply to apprentices.
3. By inserting into clause 3.1 the following:
apprentice jockey means a person who is employed as an apprentice jockey and is undertaking a recognised apprenticeship to acquire the skills and knowledge required to achieve a jockey licence. All employment conditions and allowances in this award apply to apprentice jockeys when they are undertaking duties described in the award. This award does not cover apprentice jockeys when they are undertaking work in accordance with a trial or race riding arrangement for which they receive payment. For example, if an apprentice jockey is engaged in race riding at a race meeting for which they receive a payment they would not be entitled to wages or allowances under the award in respect of their attendance at the race meeting and undertaking that work.
4. By deleting the definition of track rider in clause 3.1 and inserting the following:
track rider means a person who is engaged to ride track work exclusively and may be a jockey other than a jockey who has an established arrangement with the employer with respect to race riding.
5. By inserting in clause 3.1 the following:
adult apprentice means a person of 21 years of age or over at the time of entering into a training contract.
apprentice includes an adult apprentice.
B. This determination comes into operation on 10 November 2014.
SENIOR DEPUTY PRESIDENT
1  FWCFB 7669.
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