DETERMINATION

Fair Work Act 2009
s.285—Annual wage review

Annual Wage Review 2014–15
(C2015/1)

AUSTRALIAN PUBLIC SERVICE ENTERPRISE AWARD 2015
[MA000124]

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 10.3 and inserting the following:

2. By deleting the table appearing in clause 10.4 and inserting the following:

3. By deleting the amount “$10.69” appearing in clause 11.14 and inserting “$10.96”.

4. By deleting the amounts “$18.28” and “$36.57” appearing in clause 11.15(a) and inserting “$18.74” and “$37.48” respectively.

5. By deleting the amount “$31.27” appearing in clause 11.17(b) and inserting “$32.05”.

6. By deleting the amount “$22.88” appearing in clause 11.18(b) and inserting “$23.45”.

7. By deleting the amount “$0.35” appearing in clause 11.19(a) and inserting “$0.36”.

8. By deleting the amount “$0.60” appearing in clause 11.19(b) and inserting “$0.61”.

9. By deleting the amounts “$0.69” and “$0.70” appearing in clause 11.19(c) and inserting “$0.71” and “$0.72” respectively.

10. By deleting the amount “$0.80” appearing in clause 11.19(d) and inserting “$0.82”.

11. By deleting the amount “$0.70” appearing in clause 11.20(a) and inserting “$0.72”.

12. By deleting the amount “$0.40” appearing in clause 11.20(b) and inserting “$0.41”.

13. By deleting the amount “$23.11” appearing in clause 11.21(a) and inserting “$23.69”.

14. By deleting the amount “$1.99” appearing in clause 11.21(c) and inserting “$2.04”.

15. By deleting the amount “$7.58” appearing in clause 11.21(d) and inserting “$7.77”.

16. By deleting the amount “$2.14” appearing in clause 11.22(a) and inserting “$2.19”.

17. By deleting the amounts “$4.08” and “$5.18” appearing in clause 11.23(a) and inserting “$4.18” and “$5.31” respectively.

18. By deleting clause 11.23(b)(ii) and inserting the following:

(ii) Where the temperature is:

• from +7�C to -1.9�C, $0.71;
• from -2.0�C to -18�C, $0.96;
• below -18�C, $1.61.

19. By deleting the amounts “$0.80” and “$1.74” appearing in clause 11.23(c) and inserting “$0.82” and “$1.79” respectively.

20. By deleting the amount “$0.70” appearing in clause 11.23(d) and inserting “$0.72”.

21. By deleting the amounts “$0.70” and “$0.80” appearing in clause 11.23(e)(ii) and inserting “$0.72” and “$0.82” respectively.

22. By deleting the amount “$0.70” appearing in clause 11.23(f)(i) and inserting “$0.72”.

23. By deleting the amount “$0.80” appearing in clause 11.23(g) and inserting “$0.82”.

24. By deleting the amount “$1.54” appearing in clause 11.23(h)(i) and inserting “$1.58”.

25. By deleting the amount “$0.80” appearing in clause 11.23(i)(i) and inserting “$0.82”.

26. By deleting the amount “$0.70” appearing in clause 11.23(i)(ii) and inserting “$0.72”.

27. By deleting the amount “$2.56” appearing in clause 11.23(j)(i) and inserting “$2.62”.

28. By deleting the amount “$0.80” appearing in clause 11.23(k) and inserting “$0.82”.

29. By deleting the amount “$0.80” appearing in clause 11.23(l) and inserting “$0.82”.

30. By deleting the amount “$0.70” appearing in clause 11.23(m) and inserting “$0.72”.

31. By deleting the amount “$0.80” appearing in clause 11.23(n) and inserting “$0.82”.

32. By deleting the amount “$0.70” appearing in clause 11.23(o) and inserting “$0.72”.

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

34. By deleting the table appearing in clause A.3 and inserting the following:

35. By deleting clause A.4 and inserting the following:

A.4 Full-time and part-time employees—shiftworkers—penalty rates

36. By deleting the table appearing in clause A.5 and inserting the following:

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

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

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

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

41. By deleting clause B.1 and inserting the following:

B.1 Wage Related Allowances
The wage related allowances in this award are based on the standard rate as defined in Schedule E as the minimum hourly rate for an APS Level 2 in clause 10.3 = $21.35.

42. By deleting clause D.5 and inserting the following:

D.5 Minimum Wages

D.5.1 Minimum wages for full-time traineeships

(a) Wage Level A

Subject to clauses D.5.2 and D.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time or part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by clause D.7 are:

	Highest year of schooling completed
	Year 10		Year 11		Year 12
	Full-time weekly	Part-time hourly	Full-time weekly	Part-time hourly	Full-time weekly	Part-time hourly
	$	$	$	$	$	$
School leaver	295.10	9.71	325.00	10.70	387.20	12.74
Plus 1 year out of school	325.00	10.70	387.20	12.74	450.60	14.83
Plus 2 years out of school	387.20	12.74	450.60	14.83	524.40	17.25
Plus 3 years out of school	450.60	14.83	524.40	17.25	600.40	19.74
Plus 4 years out of school	524.40	17.25	600.40	19.74
Plus 5 or more years out of school	600.40	19.74

(b) Wage Level B

Subject to clauses D.5.2 and D.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time or part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by clause D.7 are:

	Highest year of schooling completed
	Year 10		Year 11		Year 12
	Full-time weekly	Part-time hourly	Full-time weekly	Part-time hourly	Full-time weekly	Part-time hourly
	$	$	$	$	$	$
School leaver	295.10	9.71	325.00	10.70	376.80	12.40
Plus 1 year out of school	325.00	10.70	376.80	12.40	433.40	14.26
Plus 2 years out of school	376.80	12.40	433.40	14.26	508.20	16.73
Plus 3 years out of school	433.40	13.95	508.20	16.73	579.70	19.08
Plus 4 years out of school	508.20	15.58	579.70	19.08
Plus 5 or more years out of school	579.70	17.36

(c) Wage Level C

Subject to clauses D.5.2 and D.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time or part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by clause D.7 are:

	Highest year of schooling completed
	Year 10		Year 11		Year 12
	Full-time weekly	Part-time hourly	Full-time weekly	Part-time hourly	Full-time weekly	Part-time hourly
	$	$	$	$	$	$
School leaver	295.10	9.71	325.00	10.70	376.80	12.40
Plus 1 year out of school	325.00	10.70	376.80	12.40	424.10	13.95
Plus 2 years out of school	376.80	12.40	424.10	13.95	473.80	15.58
Plus 3 years out of school	424.10	13.95	473.80	15.58	527.90	17.36
Plus 4 years out of school	473.80	15.58	527.90	17.36
Plus 5 or more years out of school	527.90	17.36

(d) AQF Certificate Level IV traineeships

(i) Subject to clauses D.5.2 and D.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 clauses D.5.2 and D.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
	Full-time weekly	Part-time hourly	Full-time weekly	Part-time hourly
	$	$	$	$
Wage Level A	623.50	20.51	647.70	21.31
Wage Level B	601.60	19.77	624.70	20.54
Wage Level C	547.50	18.01	568.20	18.70

(e) School-based traineeships

Subject to clauses D.5.2 and D.5.3 of this schedule, the minimum hourly wages for a trainee undertaking a school-based Wage Levels A or B traineeship 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

D.5.2 Calculating the actual minimum wage

(a) 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 D.5.1(a)–(d) of this schedule applies to each ordinary hour worked by the trainee.

(b) 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 D.5.1(a)–(d) of this schedule minus 20% applies to each ordinary hour worked by the trainee.

D.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 Level II to a Level III traineeship, or from an Level III to a 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 certificate level.

D.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 in clause D.7 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.

43. By deleting the amount “$3.03” appearing in clause F.1.1(d)(i) and inserting “$3.11”.

44. By deleting the amount “$4.46” appearing in clause F.1.1(d)(ii) and inserting “$4.57”.

45. By deleting the amount “$2.78” appearing in clause F.1.2 and inserting “$2.85”.

46. By deleting the amount “$0.58” appearing in clause F.1.3(a) and inserting “$0.59”.

47. By deleting the amount “$2.78” appearing in clause F.1.3(b) and inserting “$2.85”.

48. By deleting the amount “$1.14” appearing in clause F.1.4(a) and inserting “$1.17”.

49. By deleting the amount “$1.14” appearing in clause F.1.4(b) and inserting “$1.17”.

50. By deleting the amount “$0.79” appearing in clause F.1.4(c) and inserting “$0.81”.

51. By deleting the amount “$4.52” appearing in clause F.1.5(b)(i) and inserting “$4.63”.

52. By deleting the amount “$4.52” appearing in clause F.1.5(b)(ii) and inserting “$4.63”.

53. By deleting the amount “$2.19” appearing in clause F.1.5(b)(iii) and inserting “$2.24”.

54. By deleting the amount “$4.52” appearing in clause F.1.5(c)(i) and inserting “$4.63”.

55. By deleting the amount “$3.93” appearing in clause F.1.5(c)(ii) and inserting “$4.03”.

56. By deleting the amount “$3.93” appearing in clause F.1.5(c)(iii) and inserting “$4.03”.

57. By deleting the amount “$21.51” appearing in clause F.1.6(a) and inserting “$22.05”.

58. By deleting the amount “$33.71” appearing in clause F.1.6(b) and inserting “$34.55”.

59. By deleting the table appearing in clause F.3.2(a) and inserting the following:

	$ per occasion
Divisional Returning Officer	2,468.84
Clerk to Divisional Returning Officer	987.23
APS Level 2	613.87
APS Level 1	457.48

60. By deleting the amount “$2.78” appearing in clause F.4.2(a) and inserting “$2.85”.

61. By deleting the amount “$7.94” appearing in clause F.4.2(b) and inserting “$8.14”.

62. By deleting the amount “$3.58” appearing in clause F.4.2(c) and inserting “$3.67”.

63. By deleting the amount “$10.53” appearing in clause F.4.2(d) and inserting “$10.79”.

64. By deleting the amount “$2.69” appearing in clause F.4.2(e) and inserting “$2.76”.

65. By deleting the amount “$1.37” appearing in clause F.4.3(a) and inserting “$1.40”.

66. By deleting the amount “$1.75” appearing in clause F.4.3(b) and inserting “$1.79”.

67. By deleting the amount “$13.27” appearing in clause F.6.2(a) and inserting “$13.60”.

68. By deleting the amount “$9.95” appearing in clause F.6.2(b) and inserting “$10.20”.

69. By deleting the table appearing in clause F.10 and inserting the following:

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

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