MA000089 PR566768

FAIR WORK COMMISSION

DETERMINATION

Fair Work Act 2009
s.285—Annual wage review

Annual Wage Review 2014–15
(C2015/1)

VEHICLE MANUFACTURING, REPAIR, SERVICES AND RETAIL AWARD 2010
[MA000089]

Vehicle industry
JUSTICE ROSS, PRESIDENT SENIOR DEPUTY PRESIDENT WATSON SENIOR DEPUTY PRESIDENT HARRISON COMMISSIONER HAMPTON MR COLE PROFESSOR RICHARDSON MR GIBBS	MELBOURNE, 18 JUNE 2015

Annual Wage Review 2014–15.

A. Further to the decision issued by the Expert Panel in the Annual Wage Review 2014–15 on 2 June 2015 [[2015] FWCFB 3500], the above award is varied as follows:

1. By deleting the table appearing in clause 33.4 and inserting the following:

Classifications	Wage group level	Weekly rate	Hourly rate
Classifications	Wage group level	Weekly rate	Hourly rate
		$	$
Vehicle RS&R industry employee—Level 1	R1	656.90	17.29
Vehicle RS&R industry employee—Level 2	R2	675.90	17.79
Vehicle RS&R industry employee—Level 3	R3	701.80	18.47
Vehicle RS&R industry employee—Level 4	R4	725.90	19.10
Vehicle RS&R industry employee—Level 5	R5	743.80	19.57
Vehicle industry RS&R—tradesperson or equivalent Level I	R6	764.90	20.13
Vehicle industry RS&R—tradesperson or equivalent Level II	R7	836.70	22.02

2. By deleting the table appearing in clause 33.5 and inserting the following:

	Weekly rate	Hourly rate
	$	$
Driver—forklift:
● Lifting capacity up to 4500 kg	725.80	19.10
● Lifting capacity in excess of 4500kg	725.80	19.10
Driver—mobile crane:
● Lifting capacity up to 10 tonnes	725.80	19.10
● Lifting capacity in excess of 10 tonnes	725.80	19.10
Driver—commercial vehicle used in the course of the employer’s business:
● Makers capacity of 3 tonnes or less	725.80	19.10
● Makers capacity of over 3 tonnes but under 8 tonnes	725.80	19.10
Driver—articulated vehicle
● Makers capacity up to and including 10 tonnes	753.50	19.83
Driver—tow truck
● Class 1	725.80	19.10
● Class 2 and 3	725.80	19.10
● Class 4	764.90	20.13

3. By deleting clause 35.2(c) and inserting the following:

(c) Minimum wage rate for apprentices commencing an apprenticeship on and from 1 January 2014

The minimum wages for apprentices commencing an apprenticeship on and from 1 January 2014, except as provided for in clause 35.3 (Adult Apprentices), are set out below:


Year of apprenticeship	Has not completed year 12	Has completed year 12
	% of Level R6 rate
Stage 1 or 1st year	50	55
Stage 2 or 2nd year	60	65
Stage 3 or 3rd year	75	75
Stage 4 or 4th year	88	88

4. By deleting the table appearing in clause 35.3(b) and inserting the following:

Year of apprenticeship	Award reference	Weekly wage
		$
Level 1 or 1st year	National Training Wage Award—Skill Level B	See Schedule E
Level 2 or 2nd year	Vehicle industry RS&R employee—Level 1	656.90
Level 3 or 3rd year	Vehicle industry RS&R employee—Level 2	675.90
Level 4 or 4th year	Vehicle industry RS&R employee—Level 3	701.80
Thereafter	Vehicle industry RS&R employee–tradesperson or equivalent—Level R6	764.90

5. By deleting the table appearing in clause 35.3(c) and inserting the following:

Year of apprenticeship	Award reference	Weekly wage
		$
Stage 1 or 1st year	80% of Vehicle industry RS&R employee - tradesperson or equivalent - Level R6	611.90
Stage 2 or 2nd year	Vehicle industry RS&R employee - Level 1	656.90
Stage 3 or 3rd year	Vehicle industry RS&R employee - Level 2	675.90
Stage 4 or 4th year	Vehicle industry RS&R employee - Level 3	701.80
Thereafter	Vehicle industry RS&R employee - tradesperson or equivalent - Level R6	764.90

6. By deleting the table appearing in clause 36.1 and inserting the following:

	20 years & over	19 years	18 years	17 years	16 years & under
	(adult rate)	(75%)	(62.5%)	(50%)	(47.5%)
	$	$	$	$	$
Monday to Friday	22.77	17.08	14.23	11.39	10.82
Saturdays, Sundays and public holidays	29.71	22.28	18.57	14.86	14.11
Overtime for any hours worked in excess of 10 hours per day or an average of 38 hours per week will be paid in addition	12.69	9.52	7.93	6.35	6.03

7. By deleting the table appearing in clause 36.2 and inserting the following:

	20 years & over	19 years	18 years	17 years	16 years & under
	(adult rate)	(75%)	(62.5%)	(50%)	(47.5%)
	$	$	$	$	$
Monday to Friday	23.44	17.58	14.65	11.72	11.13
Saturdays, Sundays and public holidays	30.58	22.94	19.11	15.29	14.53
Overtime for any hours worked in excess of 10 hours per day or an average of 38 hours per week will be paid in addition	13.05	9.79	8.16	6.53	6.20

8. By deleting the table appearing in clause 36.3 and inserting the following:

	20 years & over	19 years	18 years	17 years	16 years & under
	(adult rate)	(75%)	(62.5%)	(50%)	(47.5%)
	$	$	$	$	$
Monday to Friday	25.05	18.79	15.66	12.53	11.90
Saturdays, Sundays and public holidays	32.56	24.42	20.35	16.28	15.47
Overtime for any hours worked in excess of 10 hours per day or an average of 38 hours per week will be paid in addition	14.21	10.66	8.88	7.11	6.75

9. By deleting the table appearing in clause 45.5 and inserting the following:

Classification	Wage group level	Weekly rate	Hourly rate
		$	$
Vehicle industry/production employee Level 1	V1	656.90	17.29
Vehicle industry/production employee Level 2	V2	675.90	17.79
Vehicle industry/production employee Level 3	V3	701.80	18.47
Vehicle industry/production employee Level 4	V4	725.90	19.10

Vehicle industry tradesperson—Level I	V5	764.90	20.13
Vehicle industry tradesperson—Level II	V6	788.80	20.76
Vehicle industry tradesperson—Level III	V7	812.80	21.39
Vehicle industry tradesperson—Level IV	V8	836.70	22.02
Vehicle industry tradesperson—Level V	V9	876.90	23.08
Vehicle industry tradesperson—Level VI	V10	894.90	23.55

Vehicle industry engineering associate—Level I	V11	918.80	24.18
Vehicle industry engineering associate—Level II	V12	966.90	25.44

Vehicle industry leading technical officer & Principal engineering trainer/supervisor/co-ordinator	V13	991.00	26.08

Vehicle industry principal technical officer	V14	1034.30	27.22

Driver classifications
Vehicle industry driver—Level I	D1	735.50	19.36
Vehicle industry driver—Level II	D2	744.40	19.59
Vehicle industry driver—Level III	D3	753.40	19.83
Vehicle industry driver—Level IV	D4	764.10	20.11

10. By deleting clause 48.1(b) and inserting the following:

(b) Minimum wage rates for apprentices other than adult apprentices commencing an apprenticeship on and from 1 January 2014

The minimum wages for apprentices commencing an apprenticeship on and from 1 January 2014, other than an adult apprentice, are set out below, provided that progression through the stages set out in this table is in accordance with clause 49 (Conditions for progression through each stage).


Year of apprenticeship	Has not completed year 12	Has completed year 12
	% of Level V5 rate
Stage 1 or 1st year	50	55
Stage 2 or 2nd year	60	65
Stage 3 or 3rd year	75	75
Stage 4 or 4th year	88	88

11. By deleting the table appearing in clause 51.3(a) and inserting the following:

Year of apprenticeship	Award reference	Total weekly rate payable
		$
Stage 1 or 1st year	National Training Wage Award—Skill Level B exit rate	See Schedule E—National Training Wage
Stage 2 or 2nd year	Vehicle industry/production employee Level 1—V1	656.90
Stage 3 or 3rd year	Vehicle industry/production employee Level 2—V2	675.90
Stage 4 or 4th year	Vehicle industry/production employee Level 3—V3	701.80

12. By deleting clause 51.3(b) and inserting the following:

(b) Minimum wages for adult apprentices commencing an apprenticeship on and from 1 January 2014

Subject to clauses 51.1 and 51.2, the minimum wages for adult apprentices commencing an apprenticeship on and from 1 January 2014 are set out in the following table:

Year of apprenticeship	Award reference	Total weekly rate payable
		$
Stage 1 or 1st year	80% of Vehicle industry tradesperson - Level 1 (V5)	611.90
Stage 2 or 2nd year	Vehicle industry/production employee Level 1 - V1	656.90
Stage 3 or 3rd year	Vehicle industry/production employee Level 2 - V2	675.90
Stage 4 or 4th year	Vehicle industry/production employee Level 3 - V3	701.80

13. By deleting the amounts “$776.80” and “$20.44” wherever they appear in clause 62.6(b) and inserting “$796.20” and “$20.95” respectively.

14. By deleting the amounts “$839.90” and “$22.10” wherever they appear in clause 62.6(c) and inserting “$860.90” and “$22.66” respectively.

15. By deleting clause E.5 and inserting the following:

E.5 Minimum Wages

E.5.1 Minimum wages for full-time traineeships

(a) Wage Level A

Subject to clause E.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix E1 are:


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per week	per week	per week
	$	$	$
School leaver	295.10	325.00	387.20
Plus 1 year out of school	325.00	387.20	450.60
Plus 2 years out of school	387.20	450.60	524.40
Plus 3 years out of school	450.60	524.40	600.40
Plus 4 years out of school	524.40	600.40
Plus 5 or more years out of school	600.40

(b) Wage Level B


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per week	Per week	per week
	$	$	$
School leaver	295.10	325.00	376.80
Plus 1 year out of school	325.00	376.80	433.40
Plus 2 years out of school	376.80	433.40	508.20
Plus 3 years out of school	433.40	508.20	579.70
Plus 4 years out of school	508.20	579.70
Plus 5 or more years out of school	579.70

(c) Wage Level C


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per week	per week	per week
	$	$	$
School leaver	295.10	325.00	376.80
Plus 1 year out of school	325.00	376.80	424.10
Plus 2 years out of school	376.80	424.10	473.80
Plus 3 years out of school	424.10	473.80	527.90
Plus 4 years out of school	473.80	527.90
Plus 5 or more years out of school	527.90

(d) AQF Certificate Level IV traineeships

(i) Subject to clause E.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level IV traineeship are the minimum wages for the relevant full-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.

(ii) Subject to clause E.5.3 of this schedule, the minimum wages for an adult trainee undertaking a full-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

Wage level	First year of traineeship	Second and subsequent years of traineeship
	per week	per week
	$	$
Wage Level A	623.50	647.70
Wage Level B	601.60	624.70
Wage Level C	547.50	568.20

E.5.2 Minimum wages for part-time traineeships

(a) Wage Level A

Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix E1 are:


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per hour	per hour	per hour
	$	$	$
School leaver	9.71	10.70	12.74
Plus 1 year out of school	10.70	12.74	14.83
Plus 2 years out of school	12.74	14.83	17.25
Plus 3 years out of school	14.83	17.25	19.74
Plus 4 years out of school	17.25	19.74
Plus 5 or more years out of school	19.74

(b) Wage Level B


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per hour	per hour	per hour
	$	$	$
School leaver	9.71	10.70	12.40
Plus 1 year out of school	10.70	12.40	14.26
Plus 2 years out of school	12.40	14.26	16.73
Plus 3 years out of school	14.26	16.73	19.08
Plus 4 years out of school	16.73	19.08
Plus 5 or more years out of school	19.08

(c) Wage Level C


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per hour	per hour	per hour
	$	$	$
School leaver	9.71	10.70	12.40
Plus 1 year out of school	10.70	12.40	13.95
Plus 2 years out of school	12.40	13.95	15.58
Plus 3 years out of school	13.95	15.58	17.36
Plus 4 years out of school	15.58	17.36
Plus 5 or more years out of school	17.36

(d) School-based traineeships

Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum wages for a trainee undertaking a school-based AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Levels A, B or C by Appendix E1 are as follows when the trainee works ordinary hours:


Year of schooling
Year 11 or lower	Year 12
per hour	per hour
$	$
9.71	10.70

(e) AQF Certificate Level IV traineeships

(i) Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level IV traineeship are the minimum wages for the relevant part-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.

(ii) Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum wages for an adult trainee undertaking a part-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

Wage level	First year of traineeship	Second and subsequent years of traineeship
	per hour	per hour
	$	$
Wage Level A	20.51	21.31
Wage Level B	19.77	20.54
Wage Level C	18.01	18.70

(f) Calculating the actual minimum wage

(i) Where the full-time ordinary hours of work are not 38 or an average of 38 per week, the appropriate hourly minimum wage is obtained by multiplying the relevant minimum wage in clauses E.5.2(a)–(e) of this schedule by 38 and then dividing the figure obtained by the full-time ordinary hours of work per week.

(ii) Where the approved training for a part-time traineeship is provided fully off-the-job by a registered training organisation, for example at school or at TAFE, the relevant minimum wage in clauses E.5.2(a)–(e) of this schedule applies to each ordinary hour worked by the trainee.

(iii) Where the approved training for a part-time traineeship is undertaken solely on-the-job or partly on-the-job and partly off-the-job, the relevant minimum wage in clauses E.5.2(a)–(e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.

E.5.3 Other minimum wage provisions

(a) An employee who was employed by an employer immediately prior to becoming a trainee with that employer must not suffer a reduction in their minimum wage per week or per hour by virtue of becoming a trainee. Casual loadings will be disregarded when determining whether the employee has suffered a reduction in their minimum wage.

(b) If a qualification is converted from an AQF Certificate Level II to an AQF Certificate Level III traineeship, or from an AQF Certificate Level III to an AQF Certificate Level IV traineeship, then the trainee must be paid the next highest minimum wage provided in this schedule, where a higher minimum wage is provided for the new AQF certificate level.

E.5.4 Default wage rate

The minimum wage for a trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate level are not allocated to a wage level by Appendix E1 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I–III traineeship whose training package and AQF certificate level are allocated to Wage Level B.

B. This determination comes into operation from 1 July 2015. In accordance with s.166(5) of the Fair Work Act 2009 this determination does not take effect until the start of the first full pay period that starts on or after 1 July 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer