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AP765516 - Airline Operations (Qantas Airways Limited) Award 1999

PART 5 - WAGES AND RELATED MATTERS 

19. WAGE RATES

19.1 Minimum weekly wage

[19.1 substituted by R6246; varied by T4288 PR910411 PR923572 PR936084 PR950103; PR961354 ppc 03Sep05]

Adult employees must be paid a minimum wage rate per week in accordance with the following table:

NON-AIRCRAFT TRADESPEOPLE AND OTHERS

CATERING SERVICE ATTENDANT

ENGINEERING AND MAINTENANCE CLASSIFICATIONS (UNLICENSED)

PROPERTY MAINTENANCE CLASSIFICATIONS

TRANSPORT MAINTENANCE TRADESPERSON

AIRCRAFT MAINTENANCE PAINTER /PANEL BEATER /CARPENTER /TRIMMER /STRUCTURE

STOREPERSONS

AIRCRAFT WORKER

19.2 Rates of pay for apprentices

19.2.1 Apprentices must be paid per week at the following percentages of the appropriate ordinary weekly wage prescribed in 19.1 for a tradesperson employed in the trade to which the apprentice is indentured.

Four-year term

Percentage of appropriate tradesperson's rate

   

First year

42

Second year

55

Third year

75

Fourth year

88

19.2.2 The total wages of an apprentice must be calculated to the nearest ten cents.

19.2.3 An employee who is under 21 years on the expiration of his or her apprenticeship and thereafter works as a minor in the occupation to which he or she has been apprenticed, must be paid at not less than the adult rate prescribed for that classification.

19.3 Adult apprentice rates of pay

19.3.1 Where a person was employed by the company under this award immediately prior to becoming an adult apprentice with the company, such person shall not suffer a reduction in the rate of pay by virtue of becoming indentured.

19.3.2 For the purpose only of fixing a rate of pay the adult apprentice shall continue to receive the rate of pay that applies to the classification or class of work specified in 19.1 in which the adult apprentice was engaged immediately prior to entering into the contract of indenture.

19.3.3 Subject to 19.3.1 and 19.3.2 the minimum rate of pay of an adult apprentice shall be the following:

Year of Apprenticeship

Safety Net Adjustment

Total weekly rate (payable from 29.7.98)

Total weekly rate (payable from 29.1.99)

Total weekly rate (payable from 29.4.99)

Total weekly rate (payable from 29.7.99)

Total weekly rate (payable from 29.1.2000)

             

First year

14.30

287.70

299.50

311.30

323.10

335.00

Second year

18.70

287.70

311.60

335.50

359.40

359.40

Third year

25.50

353.40

360.90

368.40

376.10

376.10

Fourth year

29.90

398.60

398.60

398.60

398.60

398.60

19.3.4 The rates appearing in table in 19.3.3 are payable from the date specified therein. Any increase in wage rates resulting from these adjustments may be offset to the extent of any existing overaward payment.

19.3.5 The rates prescribed in the table in 19.3.3 are based on the following - Metal Engineering and Associated Industries Award 1998 classificaitons except where indicated.

Year of Apprenticeship

Award reference

   

1

National Training Wage Award (ODN: 22543/94) Traineeship Skill Level “B” exit rate

2

C14

3

C13

4

C12

19.4 Trainee rates of pay

Trainees engaged under the terms of the National Training Wage Award 1994 as amended shall be paid the appropriate wage rate set out in that award.

19.5 Safety net wage increases

[19.5 inserted by R6246; substituted by T4288 PR910411 PR923572 PR936084 PR950103; PR961354 ppc 03Sep05]

The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review—Wages June 2005 decision [PR002005]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above-award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

19.6 Payment of wages

19.6.1 Wages must be paid weekly or fortnightly. Payment of wages other than by the week or fortnight will be subject to agreement between the Company, the majority of employees affected and the relevant union.

19.6.2 Pay day may be varied by agreement between the Company, a majority of employees and the relevant union.

19.6.3 Method of payment

Wages must be paid by cash, cheque or electronic funds transfer into the employee's bank or approved credit union account.

19.6.4 Payment of wages on termination of employment

On termination of employment, wages due to an employee must be paid 48 hours after clearance of employment procedures have been completed. Clearance of employment procedures must be completed no later than one week following an employee’s termination of employment.

19.6.5 The Company is not required to make overtime, shift work and other extraneous payments until the pay period following that in which the payments were earned.

19.6.6 If an employee's ordinary hours in a week are greater or less than 38 hours and the employee's pay is averaged to avoid fluctuating wage payment, the following applies:

19.6.6(a) The employee will accrue a credit for each day he or she works ordinary hours in excess of the daily average;

19.6.6(b) The employee will not accrue a credit for each day of absence from duty other than on authorised leave as defined in 19.6.7;

19.6.6(c) An employee absent for part of a day on authorised leave as defined in 19.6.7 will accrue a proportion of the credit for the day, based upon the proportion of the working day that the employee was in attendance.

19.6.7 For the purposes of 19.6.6, authorised leave means annual leave, long service leave, public holidays, paid sick leave, workers compensation, paid bereavement leave, paid carer’s leave, paid training leave in accordance with 34.6, or jury service.

19.7 Supported wage system

[19.7 inserted by PR911556 ppc 29Oct01]

19.7.1 This clause defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award. In the context of this clause, the following definitions will apply:

19.7.1(a) Supported wage system means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in Supported Wage System: Guidelines and Assessment Process.

19.7.1(b) Accredited assessor means a person accredited by the managing unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system.

19.7.1(c) Disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided for under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.

19.7.1(d) Assessment instrument means the form provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.

19.7.2 Eligibility criteria

19.7.2(a) Employees covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria test for a disability support pension.

19.7.2(b) The clause does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers’ compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.

19.7.2(c) The clause also does not apply to employers in respect of their facility, programme, undertaking, service or the like which receives funding under the Disability Service Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are eligible for a disability support pension, except with respect to an organisation which has received recognition under s.10 or s.12A of that Act, or if a part only has received recognition, that part.

19.7.3 Supported wage rates

19.7.3(a) Employees to whom this clause applies will be paid the applicable percentage of the minimum rate of pay prescribed by this award for the class of work which the person is performing according to the following schedule:

Assessed capacity

% of prescribed award rate

(clause 19.7.4)

 

10%

10%

20%

20%

30%

30%

40%

40%

50%

50%

60%

60%

70%

70%

80%

80%

90%

90%

[19.7.3(b) varied by PR936309; PR961354 ppc 03Sep05]

19.7.3(b) Provided that the minimum amount payable will be not less than $61.00 per week.

19.7.3(c) Where a person’s assessed capacity is 10%, they will receive a high degree of assistance and support.

19.7.4 Assessment of capacity

For the purpose of establishing the percentage of the award rate to be paid to an employee under this award, the productive capacity of the employee will be assessed in accordance with the supported wage system and documented in an assessment instrument by either:

19.7.4(a) the employer and a union party to the award, in consultation with the employee or, if desired by any of these; or

19.7.4(b) the employer and an accredited assessor from a panel agreed by the parties to the award and the employee.

19.7.5 Lodgment of assessment instrument

19.7.5(a) All assessment instruments under the conditions of this clause, including the appropriate percentage of the award wage to be paid to the employee, shall be lodged by the employer with the Registrar of the Australian Industrial Relations Commission.

19.7.5(b) All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where a union which is party to the award, is not a party to the assessment, it shall be referred by the Registrar to the Union by certified mail and shall take effect unless an objection is notified to the Registrar within ten working days.

19.7.6 Review of assessment

The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review will be in accordance with the procedures for assessing capacity under the supported wage system.

19.7.7 Other terms and conditions of employment

Where an assessment has been made, the applicable percentage will apply to the wage rate only. Employees covered by the provisions of the clause will be entitled to the same terms and conditions of employment as all other workers covered by this award paid on a pro rata basis.

19.7.8 Workplace adjustment

An employer wishing to employ a person under the provisions of this clause will take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.

19.7.9 Trial period

19.7.9(a) In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this clause for a trial period not exceeding twelve weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

19.7.9(b) During that trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.

[19.7.9(c) varied by PR936309; PR961354 ppc 03Sep05]

19.7.9(c) The minimum amount payable to the employee during the trial period shall be no less than $61.00 per week.

19.7.9(d) Work trials should include induction or training as appropriate to the job being trialled.

19.7.9(e) Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under 19.7.4

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