[2017] FWCFB 3349

FAIR WORK COMMISSION

STATEMENT

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

4 yearly review of modern awards—National Training Wage
(AM2016/17, AM2016/15)

JUSTICE ROSS, PRESIDENT
VICE PRESIDENT HATCHER
COMMISSIONER HUNT

MELBOURNE, 21 JUNE 2017

National Training Wage Schedule – plain language re-draft – Miscellaneous Award 2010 – next steps.

[1] In a decision 1 issued on 9 June 2017 we decided to insert a reference term into the modern awards specified in Attachment A of that decision. Draft Determinations giving effect to that decision were published on the Commission’s website on 13 June 2017 and interested parties were invited to comment. The Draft Determinations remove the National Training Wage Schedule (NTW Schedule) from the specified awards and incorporate the NTW Schedule by reference to the Miscellaneous Award 2010. Final determinations will issue shortly and come into operation from 1 July 2017.

[2] This Statement outlines the next steps in dealing with the plain language drafting of the NTW Schedule in the Miscellaneous Award 2010.

[3] In a Statement 2 issued on 23 February 2017 we announced that the NTW Schedule of the Miscellaneous Award 2010 would be re-drafted in plain language and a plain language draft of the NTW Schedule was published the same day. Interested parties were invited to make submissions on the draft.

[4] Submissions were received from the Australian Industry Group (Ai Group), the Australian Manufacturing Workers Union (AMWU), the Construction, Forestry, Mining and Energy Union – Construction and General Division (CFMEU), the Motor Trade Association of South Australia (MTA) and Master Builders Australia (MBA).

[5] A draft summary of submissions was published on the Commission’s website on 20 April 2017. Interested parties were invited to review the draft summary of submissions to ensure their submissions were accurately characterised. No comments or submissions were received.

[6] The draft summary of submissions has been sorted into outstanding and agreed issues. The revised summary of submissions is set out at Attachment A to this Statement. Outstanding issues appear at items 1 to 9. Agreed issues appear at items 10 to 24.

[7] A marked up version of the Miscellaneous Award 2010 NTW Schedule is included at Attachment B. The marked changes reflect the agreed position of the parties and amendments of drafting errors.

[8] A conference will be held on Friday 21 July 2017 at 9.00 am in Sydney with the view to resolving the outstanding issues with the NTW Schedule in the Miscellaneous Award 2010.

[9] Award-specific NTW Schedules in awards subject to applications to retain NTW Schedules will be addressed after the NTW Schedule in the Miscellaneous Award 2010 has been finalised. 3

PRESIDENT

Printed by authority of the Commonwealth Government Printer

Attachment A—revised summary of submissions—plain language draft of NTW Schedule for Miscellaneous Award 2010

This table is a summary of submissions lodged on or before 5.00pm on 22 June 2017.


ITEM	PARTY	DOCUMENT	CLAUSE (PLRDS)	SUMMARY OF ISSUE	THEIR REFERENCE	NOTES
Plain language re-draft of the NTW schedule—opposed and outstanding issues
1	Ai Group	Sub-24/03/17	A.1.1	Definitions In definition of approved training words ‘in relation to trainee’ should be deleted. Unnecessary and confusing.	Paras 7–10	Drafter comment: These words give context to the later reference to “the trainee”. It ensures the easy use later of references to the approved training of an employee.
2	Ai Group	Sub-24/03/17	A.1.2(c)	Definitions Clause should be amended as follows: not include any period during a calendar year ~~after the completion during that year of~~ in which a year of schooling is completed. The period of time during which the employee was in fact completing such schooling is no longer excluded. The legal effect of this clause is substantially different to the current NTWS. Would have significant effect on wage entitlements.	Paras 11–15	Drafter’s comment: The redrafted clause clearly excludes any period during a year after you have finished your year’s schooling.
2	AMWU	Reply sub-07/04/17	A.1.2(c)	The revised schedule would not have the effect the AIG claim as a period of schooling could not also be a period out of school.	Para 3–4
3	Ai Group	Sub-24/03/17	A.2.1	Coverage Clause should be amended to read: ‘…this schedule applies to in respect of an employee…’ NTW schedule creates entitlements for employees and obligations on employers in relation to those employees. Not appropriate that the application of the schedule be limited only to employees.	Paras 16–20	Drafter comment: prefers proposed wording of plain language draft.
4	MBA	Sub-17/03/17	A.4.1(a) – (d) A.4.2(a) – (c)	Minimum wages for full-time traineeships Minimum wages for part-time traineeships The following words at the end of these clauses, and after the word/s ‘column’ should be deleted as they have no relevance to the operation of the time-based progression provisions contained within the Miscellaneous Award NTW schedule ED and the Plain Language re-draft NTW schedule - ‘and the experience level of the trainee specified in column 1.’	3.4	Outstanding/opposed
	CFMEU	Reply submission – 06/04/17		Opposes deletion as words clearly relate to the title of Column 1 and have nothing to do with competency based progression.	Para 13
	AMWU	Reply sub-07/04/17		Opposes deletion on the basis that the reference to ‘the experience level of the trainee’ is not a reference to the competency of the trainee but to the ascribed experience accruing over time, post leaving school.	Para 17
5	Ai Group	Sub-24/03/17	A.5.1	Employment conditions The word ‘being’ should be deleted as follows: “A trainee undertaking a school-based traineeship may agree to be paid an additional loading of 25% on all ordinary hours worked instead of ~~being~~ paid annual leave…” Is unnecessary and apt to confuse. May lead to the trainee becoming entitled to ‘annual leave’ without pay.	Paras 43–46	Outstanding/opposed Drafter prefers wording of plain language draft.
5	AMWU	Reply sub-07/04/17	A.5.1	Word should remain. If trainees are not specifically excluded from an award provision, without pay, then they are entitled to access the entitlement.	Para 10–11
6	Ai Group	Sub-24/03/17	A.5.2	Employment conditions Clause should be amended to read: A trainee is entitled to be released from work ~~without loss of pay and~~ without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract. These words may be interpreted to require the payment of any amount that would have been payable to the employee had they instead been working.	Paras 47–51	Outstanding/opposed
6	AMWU	Reply sub-07/04/17	A.5.2	Does not oppose the draft as whether travel allowances or other entitlements accrue under the terms ‘without loss of pay’ or ‘appropriate wage’, depends on the context of the modern award.	Paras 12–15	Outstanding/opposed
7	MTA	Sub-24/03/17	A.5.3	Amend clause to read ‘Time spent by a full-time trainee in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer and in determining a full-time trainee’s employment conditions. The weekly wages in A.4.1(a) to (d) includes payment for time worked and time spent in training.’	Para 2.2.3	Outstanding/opposed
	AMWU	Reply sub-07/04/17		Oppose MTA submission. The existing clause only excludes ‘a trainee undertaking a school-based traineeship’ not all part-time trainees. Proposal would significantly extend scope of exclusion.	Para 19
	Ai Group	Reply sub – 11/04/17		Opposes MTA’s proposed re-wording of this provision (was subject of a decision of the Federal Court – does not support a change to the wording which could lead to a further round of costly litigation.	Para 10–12
8	MTA	Sub-24/03/17	A.5.3 – note	Also proposes that the ‘note’ after clause be replaced by new clause A.5.4 as follows: ‘The time to be included for the purpose of calculating the wages for part-time trainees (including a school-based trainee) is determined by A.4.2(f)(ii) and (iii) and not A.5.3. Renumber A.5.4 as A.5.5 accordingly.	Para 2.2.4 Para 2.2.5	Outstanding/opposed
8	Ai Group	Reply sub – 11/04/17		Opposes MTA’s proposed re-wording of this provision (was subject of a decision of the Federal Court – does not support a change to the wording which could lead to a further round of costly litigation.	Para 10–12	Outstanding/opposed
9	Ai Group	Sub-24/03/17	A.5.4	Employment conditions Clause should read as follows: ‘Subject to clause A.2.4, all other terms and conditions of this award apply to a trainee unless specifically varied by this schedule.’ Otherwise may have the effect of narrowing the scope of an employer’s prerogative as to how a specific provision is applied to its employees.	Para 59	Drafter comment: it is unnecessary to refer to ‘terms and conditions’. The word ‘expressly’ covers the need for an express variation.


ITEM	PARTY	DOCUMENT	CLAUSE (PLRDS)	SUMMARY OF ISSUE	THEIR REFERENCE	NOTES
Plain language re-draft of the NTW schedule—agreed and not opposed issues
10	AMWU	Sub-24/03/17	A.1.1	Definitions Terms need to be updated. In the traineeship definition, ‘Industry Skills Council’ and ‘National Quality Council’ should be replaced with ‘Skills Service Organisation’ and ‘Australian Industry and Skills Committee’.	Para 3	Agreed
	CFMEU	Reply submission – 06/04/17		The changes in definitions proposed by the AMWU are generally supported.	Para 18
	Ai Group	Reply sub – 11/04/17		Does not oppose the updating of terminology as proposed by AMWU	Para 4
11	AMWU	Sub-24/03/17	A.1.1	Definitions The definition ‘relevant Ministers’ has been deleted to reflect current arrangements.	Para 4	Definition has been re-inserted.
12	Ai Group	Sub-24/03/17	A.3(b)	Types of traineeship The following words should be reinserted ‘solely on-the-job or partly on-the-job and partly off-the-job, or where training is fully off-the-job.’ The current clause aids in understanding the basis upon which a part-time traineeship may be undertaken.	Paras 24–25	Agreed
	MBA	Sub-17/03/17		Agrees with Ai Group	3.3
	CFMEU	Reply submission – 06/04/17		Wording is not necessary in the clause. Only time the different types of training for part-time trainees is relevant is in calculating the wage rates as set out in A.4.2(f) – words are already contained within that clause.	Para 12
	AMWU	Reply sub-07/04/17		Agree with Ai Group that the terms should be deleted.	Para 6
	Ai Group	Reply sub – 11/04/17		Agree with MBA’s submission. Refers to Paras 21-25 of submission.	Para 5–6
13	Ai Group	Sub-24/03/17	A.4.1(a)	Minimum wages for full-time traineeships – Wage level A For clause to be ‘simple and easy to understand’ should be amended to make clear that it operates subject to clause A.4.3.	Para 29	Agreed
13	AMWU	Reply sub-07/04/17	A.4.1(a)	Agree with Ai Group.	Para 7-9	Agreed
14	Ai Group	Sub-24/03/17	A.4.1(b)	Minimum wages for full-time traineeships – Wage level B Clause should be amended to make clear that it operates subject to clause A.4.3.	Para 30	Agreed
14	AMWU	Reply sub-07/04/17	A.4.1(b)	Agree with Ai Group.	Para 7–9	Agreed
15	Ai Group	Sub-24/03/17	A.4.1(c)	Minimum wages for full-time traineeships – Wage level C Clause should be amended to make clear that it operates subject to clause A.4.3.	Para 31	Agreed
15	AMWU	Reply sub-07/04/17	A.4.1(c)	Agree with Ai Group.	Para 7–9	Agreed
16	Ai Group	Sub-24/03/17	A.4.1(d)(i)	Minimum wages for full-time traineeships - AQF Certificate Level IV traineeships Clause should be amended to make clear that it operates subject to clause A.4.3.	Para 32	Agreed
16	AMWU	Reply sub-07/04/17	A.4.1(d)(i)	Agree with Ai Group.	Para 7–9	Agreed
17	Ai Group	Sub-24/03/17	A.4.1(d)(ii)	Minimum wages for full-time traineeships – AQF Certificate Level IV traineeships Clause should be amended to make clear that it operates subject to clause A.4.3.	Para 33	Agreed
17	AMWU	Reply sub-07/04/17	A.4.1(d)(ii)	Agree with Ai Group.	Para 7–9	Agreed
18	MTA	Sub-24/03/17	A.4.2	Minimum wages for part-time traineeships Amend title to read ‘Minimum hourly rates for part-time traineeships’. The rates in subclauses are not the minimum wages and the calculation of the actual minimum wages is dealt with in A.4.2(f).	2.2.1	Agreed. Changes to terminology have also been made to other clauses for consistency.
18	Ai Group	Reply sub – 11/04/17	A.4.2	Although amendment is not necessary, does not oppose the change proposed by MTA.	Para 7
19	Ai Group	Sub-24/03/17	A.4.2(a)	Minimum wages for part-time traineeships – Wage level A Clause should be amended to make clear that it operates subject to clause A.4.3. Further amended to make clear that it operates subject to clause A.4.2(f).	Para 34 Para 39	Agreed
19	AMWU	Reply sub-07/04/17	A.4.2(a)	Agree with Ai Group Para 34	Para 7–9	Agreed
20	Ai Group	Sub-24/03/17	A.4.2(b)	Minimum wages for part-time traineeships – Wage level B Clause should be amended to make clear that it operates subject to clause A.4.3 and A.4.2(f).	Para 40	Agreed
21	Ai Group	Sub-24/03/17	A.4.2(c)	Minimum wages for part-time traineeships – Wage level C Clause should be amended to make clear that it operates subject to clause A.4.3 and A.4.2(f).	Para 41	Agreed
22	Ai Group	Sub-24/03/17	A.4.2(d)	Minimum wages for part-time traineeships - School based traineeships Cross reference to cl. A.4.1 should be replaced with reference to cl.A.4.3.	Para 42	Agreed
23	MTA	Sub-24/03/17	A.4.2(f)(i)	Calculating the actual minimum wage Amend initial reference to ‘hourly minimum rate’ to ‘minimum hourly rate’ This will provide better consistency in terminology in all three sub-clauses (i)-(iii) and also with A.4.2	2.2.2	Agreed
23	Ai Group	Reply sub – 11/04/17	A.4.2(f)(i)	Although amendment is not necessary, does not oppose the change proposed by MTA.	Para 8	Agreed
24	MBA	Sub-17/03/17	A.5.3	Employment conditions In the Note, ‘clause 0’ should read ‘clause A.4.2’	Para 3.5	Agreed. Correct clause reference is A.4.2(f)(ii).
	AMWU	Sub-24/03/17		Reference to ‘clause 0’ at A.5.3 should be replaced with ‘clause A.4.2(f)(ii)	Para 5
	Ai Group	Sub-24/03/17		Agrees with AMWU.	Para 60
	CFMEU	Reply submission – 06/04/17		Agrees with MBA.	Para 14
	Ai Group	Reply sub – 11/04/17		Agree with AMWU and MBA that reference to ‘clause 0’ should be amended.	Para 9

List of abbreviations (in alphabetical order)

Ai Group	Australian Industry Group
AMWU	Australian Manufacturing Workers’ Union
CFMEU	Construction, Forestry, Mining and Energy Union (Construction & General Division)
HIA	Housing Industry Association
MBA MTA	Master Builders Australia Motor Trade Association of South Australia
NTW	National Training Wage
PLRDS	Plain Language Re-draft of Schedule

Attachment B—Plain language draft of Miscellaneous Award 2010 NTW Schedule

Amendments to this schedule are based on agreed issues based on submissions of parties on or before 20 April 2017. The changes do not reflected a concluded view of the Commission.

Schedule A—National Training Wage
A.1 Definitions
A.1.1 In this schedule:

adult trainee means a trainee who would qualify for the highest minimum wage in wage level A, B or C if covered by that wage level.
approved training, in relation to a trainee, means the training specified in the training contract of the trainee.
Australian Qualifications Framework (AQF) means the national framework for qualifications in post-compulsory education and training.
relevant Ministers means the Commonwealth, State and Territory Ministers responsible for vocational education and training.
relevant State or Territory training authority means a body in the relevant State or Territory that has power to approve traineeships, and to register training contracts, under the relevant State or Territory vocational education and training legislation.
relevant State or Territory vocational education and training legislation means the following or any successor legislation:
Apprenticeship and Traineeship Act 2001 (NSW);
Education and Training Reform Act 2006 (Vic);
Training and Skills Development Act 2008 (SA);
Training and Skills Development Act 2016 (NT);
Training and Tertiary Education Act 2003 (ACT);
Training and Workforce Development Act 2013 (Tas);
Vocational Education and Training Act 1996 (WA);
Further Education and Training Act 2014 (Qld) Vocational Education, Training and Employment Act 2000 (Qld).
trainee means an employee undertaking a traineeship under a training contract.
traineeship means a system of training that:
(a) has been approved by the relevant State or Territory training authority; and
(b) meets the requirements of a training package developed by the relevant ~~Industry Skills Council~~ Skills Service Organisation and endorsed by the ~~National Quality Council~~ Australian Industry and Skills Committee; and
(c) leads to an AQF certificate level qualification.
training contract means an agreement for a traineeship made between an employer and an employee that is registered by the relevant State or Territory training authority.
training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification that have been endorsed for an industry or enterprise by the ~~National Quality Council~~ Australian Industry and Skills Committee and placed on the National Training Information Service with the approval of the relevant Ministers, and includes any relevant replacement training package.
wage level A, B or C, see clause A.4.
Year 10 includes any year before Year 10.

A.1.2 A reference in this schedule to out of school refers only to periods out of school beyond Year 10 as at 1 January in each year and is taken to:

(a) include any period of schooling beyond Year 10 that was not part of, or did not contribute to, a completed year of schooling; and
(b) include any period during which a trainee repeats, in whole or part, a year of schooling beyond Year 10; and
(c) not include any period during a calendar year after the completion during that year of a year of schooling.

A.2 Coverage
A.2.1 Subject to clauses A.2.2 to A.2.5, this schedule applies to an employee covered by this award who is undertaking a traineeship and whose training package and AQF certificate level are allocated to a wage level by clause A.6 or by clause A.4.4.
A.2.2 This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in clause A.6.
A.2.3 This schedule does not apply to:

(a) the apprenticeship system; or
(b) qualifications not identified in training packages; or
(c) qualifications in training packages that are not identified as appropriate for a traineeship.

A.2.4 If this schedule is inconsistent with other provisions of this award relating to traineeships, the other provisions prevail.
A.2.5 This schedule ceases to apply to an employee at the end of the traineeship.
A.3 Types of traineeship
The following types of traineeship are available:
A.3.1 A full-time traineeship based on 38 ordinary hours per week, with 20% of those hours being approved training;
A.3.2 A part-time traineeship based on fewer than 38 ordinary hours per week, with 20% of those hours being approved training provided:

(a) wholly on the job; or
(b) partly on the job and partly off the job; or
(c) wholly off the job.

A.4 Minimum ~~Wage~~s Rates
A.4.1 Minimum ~~wages~~ weekly rates for full-time traineeships

(a) Wage level A
Subject to clause A.4.3, the minimum ~~wage~~ rate for a full-time 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 clause A.6.1 is the weekly ~~wage~~ rate specified in column 2 of Table 1—Wage level A minimum weekly ~~wage~~ rate for full-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in column 1.
Table 1—Wage level A minimum weekly ~~wage~~ rate for full-time trainees (AQF Certificate Level I–III traineeship)


Column 1 Experience level of trainee	Column 2 Highest year of schooling completed
	Year 10	Year 11	Year 12
	per week	per week	per week
School leaver	$302.20	$332.80	$396.50
Plus 1 year out of school	$332.80	$396.50	$461.40
Plus 2 years out of school	$396.50	$461.40	$537.00
Plus 3 years out of school	$461.40	$537.00	$614.80
Plus 4 years out of school	$537.00	$614.80
Plus 5 or more years out of school	$614.80

(b) Wage level B
Subject to clause A.4.3, the minimum ~~wage~~ rate for a full-time trainee undertaking a AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level B by clause A.6.2 or by clause A.4.4 is the weekly ~~wage~~ rate specified in column 2 of Table 2—Wage level B minimum weekly ~~wage~~ rate for full-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in column 1.
Table 2—Wage level B minimum weekly ~~wage~~ rate for full-time trainees (AQF Certificate Level I–III traineeship)


Column 1 Experience level of trainee	Column 2 Highest year of schooling completed
	Year 10	Year 11	Year 12
	per week	per week	per week
School leaver	$302.20	$332.80	$385.80
Plus 1 year out of school	$332.80	$385.80	$443.80
Plus 2 years out of school	$385.80	$443.80	$520.40
Plus 3 years out of school	$443.80	$520.40	$593.60
Plus 4 years out of school	$520.40	$593.60
Plus 5 or more years out of school	$593.60

(c) Wage level C
Subject to clause A.4.3, the minimum ~~wage~~ rate for a full-time trainee undertaking a AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level C by clause A.6.3 is the weekly ~~wage~~ rate specified in column 2 of Table 3—Wage level C minimum weekly ~~wage~~ rate for full-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in column 1.
Table 3—Wage level C minimum weekly ~~wage~~ rate for full-time trainees (AQF Certificate Level I–III traineeship)


Column 1 Experience level of trainee	Column 2 Highest year of schooling completed
	Year 10	Year 11	Year 12
	per week	per week	per week
School leaver	$302.20	$332.80	$385.80
Plus 1 year out of school	$332.80	$385.80	$434.30
Plus 2 years out of school	$385.80	$434.30	$485.20
Plus 3 years out of school	$434.30	$485.20	$540.60
Plus 4 years out of school	$485.20	$540.60
Plus 5 or more years out of school	$540.60

(d) AQF Certificate Level IV traineeships
(i) Subject to clause A.4.3, the for a trainee undertaking a full-time AQF Certificate Level IV traineeship are the minimum ~~wage~~ rate for the relevant full-time AQF Certificate Level III traineeship increased by 3.8%.
(ii) Subject to clause A.4.3, the minimum weekly ~~wage~~ rate for an adult trainee undertaking a full-time AQF Certificate Level IV traineeship is the weekly ~~wage~~ rate specified in column 2 or 3 of Table 4—Minimum weekly ~~wage~~ rate for full-time adult trainees (AQF Certificate Level IV traineeship according to the year of the traineeship specified in those columns and the relevant wage level for the relevant AQF Certificate Level III traineeship specified in column 1:

Table 4—Minimum weekly ~~wage~~ rate for full-time adult trainees (AQF Certificate Level IV traineeship)

Column 1 Wage level	Column 2 First year of traineeship	Column 3 Second and subsequent years of traineeship
	per week	per week
A	$638.50	$663.20
B	$616.00	$639.70
C	$560.60	$581.80

A.4.2 Minimum ~~wages~~ hourly rates for part-time traineeships

(a) Wage level A
Subject to clauses A.4.2(f) and A.4.3, the minimum hourly rate 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 clause A.6.1 is the hourly rate specified in column 2 of Table 5—Wage level A minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in column 1.
Table 5—Wage level A minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship)


Column 1 Experience level of trainee	Column 2 Highest year of schooling completed
	Year 10	Year 11	Year 12
	per hour	per hour	per hour
School leaver	$9.94	$10.96	$13.05
Plus 1 year out of school	$10.96	$13.05	$15.19
Plus 2 years out of school	$13.05	$15.19	$17.66
Plus 3 years out of school	$15.19	$17.66	$20.21
Plus 4 years out of school	$17.66	$20.21
Plus 5 or more years out of school	$20.21

(b) Wage level B
Subject to clauses A.4.2(f) and A.4.3, the minimum hourly rate for a part-time trainee undertaking a AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level B by clause A.6.1 or by clause A.4.4 is the hourly rate specified in column 2 of Table 6—Wage level B minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in column 1.
Table 6—Wage level B minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship)


Column 1 Experience level of trainee	Column 2 Highest year of schooling completed
	Year 10	Year 11	Year 12
	per hour	per hour	per hour
School leaver	$9.94	$10.96	$12.70
Plus 1 year out of school	$10.96	$12.70	$14.60
Plus 2 years out of school	$12.70	$14.60	$17.13
Plus 3 years out of school	$14.60	$17.13	$19.54
Plus 4 years out of school	$17.13	$19.54
Plus 5 or more years out of school	$19.54

(c) Wage level C
Subject to clauses A.4.2(f) and A.4.3, the minimum hourly rate for a part-time trainee undertaking a AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level C by clause A.6.1 is the hourly rate specified in column 2 of Table 7—Wage level C minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in column 1.
Table 7—Wage level C minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship)


Column 1 Experience level of trainee	Column 2 Highest year of schooling completed
	Year 10	Year 11	Year 12
	per hour	per hour	per hour
School leaver	$9.94	$10.96	$12.70
Plus 1 year out of school	$10.96	$12.70	$14.28
Plus 2 years out of school	$12.70	$14.28	$15.95
Plus 3 years out of school	$14.28	$15.95	$17.78
Plus 4 years out of school	$15.95	$17.78
Plus 5 or more years out of school	$17.78

(d) School-based traineeships
Subject to clauses A.4.2(f) and A.4.3 ~~A.4.1~~, the minimum hourly rate for a part-time trainee who works ordinary hours and is 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 clause A.6 or by clause A.4.4 is the hourly rate in column 1 or 2 of Table 8—Minimum hourly rate for part-time trainees (school-based AQF Certificate Level I–III traineeship) according to the year of schooling of the trainee.
Table 8—Minimum hourly rate for part-time trainees (school-based AQF Certificate Level I–III traineeship)

Column 1
Year 11 or lower

Column 2
Year 12

per hour

$9.94

$10.96

(e) AQF Certificate Level IV traineeships
(i) Subject to clauses A.4.2(f) and A.4.1, the minimum hourly rate for a trainee undertaking a part-time AQF Certificate Level IV traineeship is the minimum hourly rate for the relevant part-time AQF Certificate Level III traineeship increased by 3.8%.
(ii) Subject to clauses A.4.2(f) and A.4.1, the minimum hourly rate for an adult trainee undertaking a part-time AQF Certificate Level IV traineeship is the hourly rate in column 2 or 3 of Table 9—Minimum hourly rate for adult part-time trainees (AQF Certificate Level IV traineeship), according to the year of the traineeship specified in those columns and the relevant wage level for the relevant AQF Certificate Level III traineeship specified in column 1:

Table 9—Minimum hourly rate for adult part-time trainees (AQF Certificate Level IV traineeship)

Column 1 Wage level	Column 2 First year of traineeship	Column 3 Second and subsequent years of traineeship
	per hour	per hour
A	$21.00	$21.82
B	$20.24	$21.03
C	$18.44	$19.15

(f) Calculating the actual minimum wage
(i) If fewer than 38 (or an average of 38) ordinary hours of work per week is considered full-time at the workplace by the employer, the appropriate ~~hourly~~ minimum hourly rate for a part-time trainee is obtained by multiplying the relevant minimum hourly rate in clauses A.4.2(a) to (e) by 38 and then dividing the figure obtained by the full-time ordinary hours of work per week.
(ii) If the approved training for a part-time traineeship is provided ~~fully~~ wholly off-the-job by a registered training organisation, for example at school or at TAFE, the relevant minimum hourly rate in clauses A.4.2(a) to (e) applies to each ordinary hour worked by the trainee.
(iii) If 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 hourly rate in clauses A.4.2(a) to (e) minus 20% applies to each ordinary hour worked by the trainee.

A.4.3 Other minimum wage provisions

(a) Clause A.4.3 applies despite anything to the contrary in clause A.4.4 or A.4.2.
(b) An employee who was employed by an employer immediately before becoming a trainee with that employer must not suffer a reduction in their minimum rate of pay because of becoming a trainee.
(c) For the purpose of determining whether a trainee has suffered a reduction as mentioned in paragraph (a), casual loadings are to be disregarded.
(d) 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, if a higher minimum wage is provided for the new AQF certificate level.

A.4.4 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 clause A.6 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.

A.5 Employment conditions
A.5.1 A trainee undertaking a school-based traineeship may agree to be paid an additional loading of 25% on all ordinary hours worked instead of being paid annual leave, paid personal/carer’s leave, paid compassionate leave and paid absence on public holidays. However, if the trainee works on a public holiday, the public holiday provisions of this award apply.
A.5.2 A trainee is entitled to be released from work without loss of pay and without loss of continuity of employment to attend any training and assessment specified in, or associated with, the training contract.
A.5.3 Time spent by a trainee, other than a trainee undertaking a school-based traineeship, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the trainee’s wages and determining the trainee’s employment conditions.
NOTE: The time to be included for the purpose of calculating the wages for part-time trainees whose approved training is ~~fully~~ wholly off-the-job is determined by clause A.4.2(f)(ii) and not by this clause.
A.5.4 Subject to clause A.2.4, this award applies to a trainee in the same way that it applies to an employee who is not a trainee except as otherwise expressly provided by this schedule.
A.6 Allocation of Traineeships to Wage Levels
The wage levels applying to training packages and their AQF certificate levels are:
A.6.1 Wage level A

Training package	AQF certificate level
Aeroskills	II
Aviation	I, II, III
Beauty	III
Business Services	I, II, III
Chemical, Hydrocarbons and Refining	I, II, III
Civil Construction	III
Coal Training Package	II, III
Community Services	II, III
Construction, Plumbing and Services Integrated Framework	I, II, III
Correctional Services	II, III
Drilling	II, III
Electricity Supply Industry—Generation Sector	II, III (III in Western Australia only)
Electricity Supply Industry—Transmission, Distribution and Rail Sector	II
Electrotechnology	I, II, III (III in Western Australia only)
Financial Services	I, II, III
Floristry	III
Food Processing Industry	III
Gas Industry	III
Information and Communications Technology	I, II, III
Laboratory Operations	II, III
Local Government (other than Operational Works Cert I and II)	I, II, III
Manufactured Mineral Products	III
Manufacturing	I, II, III
Maritime	I, II, III
Metal and Engineering (Technical)	II, III
Metalliferous Mining	II, III
Museum, Library and Library/Information Services	II, III
Plastics, Rubber and Cablemaking	III
Public Safety	III
Public Sector	II, III
Pulp and Paper Manufacturing Industries	III
Retail Services (including wholesale and Community pharmacy)	III
Telecommunications	II, III
Textiles, Clothing and Footwear	III
Tourism, Hospitality and Events	I, II, III
Training and Assessment	III
Transport and Logistics ¹	III
Water Industry (Utilities)	III

A.6.2 Wage level B²

Training package	AQF certificate level
Animal Care and Management	I, II, III
Asset Maintenance	I, II, III
Australian Meat Industry	I, II, III
Automotive Industry Manufacturing	II, III
Automotive Industry Retail, Service and Repair	I, II, III
Beauty	II
Caravan Industry	II, III
Civil Construction	I
Community Recreation Industry	III
Entertainment	I, II, III
Extractive Industries	II, III
Fitness Industry	III
Floristry	II
Food Processing Industry	I, II
Forest and Forest Products Industry	I, II, III
Furnishing	I, II, III
Gas Industry	I, II
Golf Clubs and Facilities ²	II, III
Health	II, III
Local Government (Operational Works)	I, II
Manufactured Mineral Products	I, II
Metal and Engineering (Production)	II, III
Outdoor Recreation Industry	I, II, III
Plastics, Rubber and Cablemaking	II
Printing and Graphic Arts	II, III
Property Services	I, II, III
Public Safety	I, II
Pulp and Paper Manufacturing Industries	I, II
Retail Services	I, II
Screen and Media	I, II, III
Sport Industry	II, III
Sugar Milling	I, II, III
Textiles, Clothing and Footwear	I, II
Transport and Logistics	I, II
Visual Arts, Craft and Design	I, II, III
Water Industry	I, II

A.6.3 Wage level C³

Training package	AQF certificate level
Agriculture, Horticulture and Conservation and Land Management	I, II, III
Funeral Services	I, II, III
Music	I, II, III
Racing Industry	I, II, III
Rural Production	I, II, III
Seafood Industry	I, II, III

NOTE 1 The Rail, Tram and Bus Union Australia proposed replacing the ‘Transport and Logistics’ training package with the ‘Transport and Distribution’ training package at Certificate III (see submission dated 17 October 2014).
NOTE 2 The Professional Golfers’ Association propose the addition of a ‘Golf Clubs and Facilities’ training package in Wage Level B (see submission dated 28 September 2015).
NOTE 3 The National Farmers’ Federation proposed replacing the three existing training packages titled ‘Agri-Food, Amenity Horticulture, and Conservation and Land Management’ with one consolidated training package titled ‘Agriculture, Horticulture and Conservation and Land Management’ (see submission dated 29 July 2016).

1 [2017] FWCFB 3176

2 [2017] FWCFB 1095

3 [2017] FWCFB 1095 at 5.