Fair Work Act 2009
s.156 - 4 yearly review of modern awards

National Training Wage Schedule – reference term – next steps.

Background

[1] In a Statement issued on 6 July 2016 (the July Statement) 1 the Commission proposed to standardise the National Training Wage Schedule (NTW Schedule); to remove the NTW Schedule from all modern awards except the Miscellaneous Award 2010, and to incorporate the NTW Schedule into other awards by reference to the Miscellaneous Award 2010. An example of a reference term was included in the July Statement (see [5]5 below). Interested parties were invited to make submissions.

[2] The Australian Industry Group (Ai Group) and the National Farmers’ Federation (NFF) did not oppose removal of the NTW Schedule from all awards except the Miscellaneous Award 2010. The Australian Manufacturing Workers Union (AMWU) and Construction, Forestry, Mining and Energy Union – Construction and General Division (CFMEU) proposed that the NTW Schedule identified nine awards which, they submitted, required award-specific NTW Schedules. 2

[3] In a Statement 3 of 23 February 2017 (the February Statement) we expressed the provisional view that where parties requested that the NTW Schedule be tailored to a particular modern award, this would occur. Applications were then made by the AMWU and the CFMEU to maintain award-specific schedules in a number of awards. We confirm that award-specific schedules will be maintained in the following nine modern awards:

• Airline Operations—Ground Staff Award 2010;
• Airport Employees Award 2010;
• Building and Construction General On-site Award 2010;
• Food, Beverage and Tobacco Manufacturing Award 2010;
• Joinery and Building Trades Award 2010;
• Manufacturing and Associated Industries and Occupations Award 2010;
• Mobile Crane Hiring Award 2010; Sugar Industry Award 2010;
• Sugar Industry Award 2010; and
• Surveying Award 2010. 4

[4] This Decision deals with the reference term to be inserted into all modern awards that currently contain a NTW Schedule other than the nine awards subject of applications to retain award-specific NTW Schedules. It also sets out the next steps for finalising the terms of the plain language NTW Schedule for the Miscellaneous Award 2010 and the form of award-specific NTW Schedules to be inserted into the nine awards set out above.

Reference term to be inserted into majority of awards

[5] In the July and February Statements, we provided an example of the manner in which the NTW Schedule would be incorporated through reference to the Miscellaneous Award 2010 as follows:

“X. National training wage

X.1 Schedule E to the Miscellaneous Award 2010 sets out minimum wage rates and conditions for employees undertaking traineeships.

X.2 This award incorporates the terms of Schedule E to the Miscellaneous Award 2010 as at 1 July 2017.”

[6] Comments were invited on the form of the proposed incorporation by reference term. Submissions were received from the Ai Group, the NFF, the CFMEU and the AMWU.

[7] The NFF did not oppose the proposed reference term as outlined in the Statement. 5 The CFMEU did not support the proposal in all awards,6 however, it was not opposed to using standard terms in awards where appropriate.7 The CFMEU noted that a number of provisions in the plain language re-draft refer to “this award” including A.2.1, A.2.4, A.5.1 and A.5.4. The CFMEU submitted that additional provision would need to be inserted that provides as follows (or similar):

“Provided that any reference to “this award” in Schedule X to the Miscellaneous Award is to be read as referring to the (award title) and not the Miscellaneous award”. 8

[8] The AMWU generally supported the comments made by the CFMEU. 9

[9] The Ai Group submitted that:

‘In order to maintain the current application and operation of the NTWS in all relevant awards, attention will need to be given to both the terms of the NTWS in the Miscellaneous Award 2010 and to the terms of the clauses which incorporate the NTWS by reference, to ensure that there are no interaction problems.

For example, it needs to be clear that where a clause in the NTWS in the Miscellaneous Award 2010 refers to provisions in the body of the Miscellaneous Award 2010 (e.g. the coverage provisions referred to in clause A.2.1 of the redraft), that the intent when the NTWS is incorporated by reference into another award, is to refer to the relevant clause in the other award and not the clause in the Miscellaneous Award 2010.’ 10

[10] We agree with and adopt the proposal and make the following amendment to the reference term:

“X. National training wage

X.1 Schedule E to the Miscellaneous Award 2010 sets out minimum wage rates and conditions for employees undertaking traineeships.

X.2 This award incorporates the terms of Schedule E to the Miscellaneous Award 2010 as at 1 July 2017. Provided that any reference to “this award” in Schedule X to the Miscellaneous Award 2010 is to be read as referring to the [award title] and not the Miscellaneous Award 2010.”

[11] Draft determinations incorporating the amended reference term above and deleting the NTW Schedule from the awards listed in Attachment A will be published on the Commission’s website for comment by interested parties.

Next steps

[12] Interested parties are invited to make submissions on draft determinations incorporating the proposed reference term. Submissions should be sent to amod@fwc.gov.au by 4.00 pm on Thursday 15 June 2017.

[13] If no submissions are received final determinations will be issued on 19 June 2017.

[14] Finalisation of the terms of the plain language NTW Schedule to be inserted into the Miscellaneous Award 2010 will be dealt with in July 2017. Interested parties will have an opportunity to comment on any proposed plain language amendments to the NTW Schedule.

[15] The terms of award-specific NTW Schedules to be inserted into the nine modern awards set out at [3] above will be dealt with after finalisation of the plain language NTW Schedule in the Miscellaneous Award 2010.

PRESIDENT

Attachment A—Awards containing NTW Schedule

This table lists all modern awards that include a NTW Schedule.

 1   Statement, 6 July 2017

 2   Airline Operations—Ground Staff Award 2010; Airport Employees Award 2010; Building and Construction General On-site Award 2010; Food, Beverage and Tobacco Manufacturing Award 2010; Joinery and Building Trades Award 2010; Manufacturing and Associated Industries and Occupations Award 2010; Mobile Crane Hiring Award 2010; Sugar Industry Award 2010; and Surveying Award 2010.

 3   Statement, 23 February 2017.

 4   Note: The Surveying Award 2010 does not currently contain the NTW Schedule.

 5   Submission, 29 July 2016 paragraph 10.

 6   Submission, 28 July 2016, paragraph 18.

 7   Ibid at paragraph 5.

 8   Submission, 24 March 2013, paragraph 51.

 9   Submission, 29 July 2016, paragraph 2.

 10   Submission, 24 March 2017, paragraph 5 and 6.

 11   Note: The Surveying Award 2010 does not currently contain the NTW Schedule.

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