AP791396CRV - National Electrical, Electronic and Communications Contracting Industry Award 1998
An employee is entitled to be paid the gross weekly rate of pay per week as defined in 17.2 hereof.
[17.2 varied by R4005 ppc 30Jun98]
To calculate the gross weekly rate of pay the following shall be added together:
For the classification in which the employee is ordinarily employed.
17.3 Gross weekly ordinary all purpose rate of pay
[17.3.1 varied by R4005 ppc 30Jun98]
17.3.1 To calculate an employee’s gross weekly all purpose rate of pay, the following shall be added together
For the classification in which the employee is ordinarily employed.
17.3.2 The gross weekly ordinary all purpose rate of pay is payable for all purposes of the award and shall be included as appropriate when calculating payments for overtime, annual leave, sick and personal leave, annual leave loading, public holidays and pro rata payments on termination.
17.4.1 The ordinary hourly rate is calculated by dividing the gross weekly ordinary all purpose rate of pay by 38.
17.4.2 The ordinary hourly wage rate shall be paid for all purposes of this award.
17.5 Calculation of weekly wage rates (RDO System)
An employee in any particular week of a work cycle shall be paid wages on the basis of an average of 38 ordinary hours per week in each work cycle so as to avoid fluctuations in the employees weekly pay.
17.5.1 Under the averaging system, the employee accrues a ‘credit’ each day the employee works actual ordinary hours in excess of the daily average, which would otherwise be 7 hours and 36 minutes.
17.5.2 An employee will not accrue a credit for each day the employee is absent from duty other than on annual leave, long service leave, public holidays, paid sick leave and personal leave, workers compensation, bereavement leave or jury service.
An employee who is absent from duty for part of a day shall lose average pay for each hour or part thereof the employee is absent from duty at an hourly rate calculated by dividing the employee’s average daily pay rate by 8.
17.5.3 Provided that when such an employee is absent from duty for a whole day the employee will not accrue a ‘credit’ as the employee would not have worked ordinary hours that day in excess of 7 hours 36 minutes for which the employee would otherwise have been paid. The amount by which an employee’s average gross weekly rate of pay will be reduced when the employee is absent from duty (on other than an authorised absence) is to be calculated as follows:
[17.6 varied by Q9130; substituted by Q4941; varied by R7670 S8241; substituted by PR920283 PR933445 PR947126; PR960265 ppc 08Jul05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR953882)]
17.6.1 The Federal Minimum Wage
No employee shall be paid less than the federal minimum wages.
17.6.2 Amount of Federal Adult Minimum Wage
17.6.2(a) The federal minimum wage for full-time adult employees not covered by sub-clause 17.6.4 (special categories clause) is $484.40 per week.
17.6.2(b) Adults employed as part-time or casual shall continue to be entitled to receive the wage rate determined under the casual and part-time clauses of the award. Provided that such employees shall not be paid less than pro rata the minimum wage specified in clause 17.6.2(a) according to the number of hours worked.
17.6.3 How the Federal Minimum Wage Applies to Juniors
17.6.3(a) The wage rates provided for juniors by this award continue to apply unless the amount determined under clause 17.6.3(b) is greater.
17.6.3(b) The federal minimum wage for an employee to whom a junior rate of pay applies is determined by applying the percentage in the junior wage rates clause applicable to the employee concerned to the relevant amount in clause 17.6.2.
17.6.4 Application of Minimum Wage to Special Categories of Employee
17.6.4(a) Due to existing applicable award rates being greater than the relevant proportionate federal minimum wage, this clause has no application to employees undertaking a National Training Wage Traineeship, and Australian Traineeship, a Career Start Traineeship, a Jobskills placement or an apprenticeship.
17.6.4(b) [Leave reserved for other special categories].
17.6.5 Application of Minimum Wage to Award Rates Calculation
The Federal Minimum Wage:
17.6.5(a) applies to all work in ordinary hours;
17.6.5(b) applies to the calculation of overtime and all other penalty rates, superannuation, payments during sick leave, long service leave and annual leave, and for all other purposes of this award; and
17.6.5(c) is inclusive of the arbitrated safety net adjustment provided by the Safety Net Review – Wages June 2005 decisions [PR002005] and all previous safety net adjustments.
17.6.6 Absorption
17.6.6(a) The rates of pay in this award include the federal minimum wage payable under the Safety Net Review - Wages June 2005 decision [PR002005]. Any increase arising from the insertion of the federal minimum wage clause 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 over award arrangements. Absorption which is contrary to the terms of an agreement is not required.
17.6.6(b) 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 the federal minimum wage.
17.7 Calculation of apprentice wages
17.7.1 Victoria
The minimum rate of wages for apprentices of an electrical mechanic shall be the total of the undermentioned percentages applied to the minimum weekly rate for the classification of Electrical Worker Grade 5, and the A Grade Licence allowance.
First Year |
40% |
Second Year |
52% |
Third Year |
70% |
Fourth Year |
82% |
In addition apprentices shall be paid the tool allowance.
The actual rates are set out in Table D of this award.
17.7.2 South Australia
The minimum weekly rate for apprentices shall be the undermentioned percentages of the base rate payable for an adult tradesperson employed in the area in which the apprentices are employed. In all contracts of apprentices hereafter made, the employer shall not pay wages less than such rates, plus the additional rates prescribed by this paragraph.
First Year |
42% |
Second Year |
55% |
Third Year |
75% |
Fourth Year |
88% |
In addition to the rates prescribed above apprentices shall be paid in the percentage to the year of their apprenticeship of one half of the allowance prescribed as installation allowance, service and maintenance allowance, and the same percentage to the year of apprentices to the allowance prescribed as licence allowance and tool allowance.
The total wages of apprentices shall be calculated to the nearest five cents, any broken part of the five cents, in the result not exceeding two cents be disregarded.
The actual rates are set out in Table H of this award.
17.7.3 Australian Capital Territory
The minimum rate of wages for apprentices shall be the total of the undermentioned percentages applied to the weekly minimum rate for the classification of Electrical Worker Grade 5.
First Year: |
(first six months) |
40% |
(second six months subject to progress to the satisfaction of the employer) |
45% | |
Second Year |
60% | |
Third Year |
75% | |
Fourth Year |
90% |
Apprentices shall be paid the appropriate percentage prescribed in industry allowance and tool allowance.
The actual rates are set out in Table L of this award.
17.7.4 Tasmania
The minimum rate of wages for apprentices of an electrical mechanic shall be the total of the undermentioned percentages applied to the minimum weekly rate for the classification of Electrical Worker Grade 5 plus the appropriate percentage of the electricians licence allowance.
First Year |
40% |
Second Year |
52% |
Third Year |
70% |
Fourth Year |
82% |
The actual rates are set out in Table P of this award.
17.8 Absorption of safety net adjustments
[17.8 varied by R7670; substituted by S8241 PR906322 PR920283 PR933445 PR947126; PR960265 ppc 08Jul05 (from 01Aug05 for Victorian employers bound to apply the terms of this award by PR953882)]
The base rate set out in Tables A, E, I and M of this Award is subject to the following absorption:
The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review – Wages June 2005 decisions [Print 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 over award 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.
