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

National Training Wage Schedule – plain language re-draft – award-specific schedules – next steps.

[1] In a statement 1 of 6 July 2016 (the July 2016 Statement) it was proposed that the National Training Wage Schedule (the NTW Schedule) be standardised and removed from all awards except the Miscellaneous Award 2010, and that the NTW Schedule be incorporated into other awards by reference to the Miscellaneous Award 2010.

[2] Applications were made by the AMWU and the CFMEU to maintain award-specific schedules in the following nine 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; and


• Surveying Award 2010. 2

[3] In a statement 3 of 23 February 2017 (the February 2017 statement) we expressed a provisional view that where parties requested that the NTW Schedule be tailored to a particular modern award, this would occur. In all other modern awards NTW Schedules would be removed from modern awards and the NTW Schedule to the Miscellaneous Award 2010 would be incorporated in modern awards by a reference term.

[4] In a decision 4 of 9 June 2017 (the June 2017 decision) we outlined that the terms of award-specific NTW Schedules to be inserted into the nine modern awards set out above will be dealt with after the finalisation of the plain language NTW Schedule in the Miscellaneous Award 2010. We noted that where schedules are tailored to each award, these schedules will be consistent with the final plain language NTW Schedule.

[5] In a decision 5 of 15 August 2017 (the August 2017 decision) we finalised the NTW Schedule to be inserted into the Miscellaneous Award 2010. The proposed NTW Schedule for the Miscellaneous Award 2010 was attached to the August 2017 decision and interested parties were invited to comment. No comments were received. A determination varying the Miscellaneous Award 2010 will be issued shortly.

[6] We note that the proposed NTW Schedule set out at Attachment A of the August 2017 decision contained some minor drafting errors. The errors have been corrected. Amendments were made to clauses A.4.1(a), (d)(i), (d)(ii), A.4.2(a), (d), (e)(i) and (e)(ii).

[7] In the August 2017 decision we stated that the draft schedules for each of the nine awards would be published in the week commencing 21 August 2017. Award-specific schedules have been prepared based on the finalised NTW Schedule from the Miscellaneous Award 2010 and the parties’ draft schedules. The updated Miscellaneous Award 2010 NTW Schedule and draft award-specific schedules are published as attachments to this decision as follows:

[8] We note that in Ai Group’s submissions in reply 6 dated 11 April 2017, at paragraphs 18 to 22, they note certain potentially relevant qualifications included in the standard NTW Schedule that have been excluded in the AMWU draft schedule. Ai Group list the qualifications they submit should be retained in any award-specific NTW Schedule.

[9] The AMWU is invited to file submissions on the matters raised by Ai Group at paragraphs 18 to 22 of their submissions in reply by no later than 4.00pm on Friday 8 September 2017.

[10] We also note that in the AMWU’s submissions in reply 7 dated 7 April 2017, at paragraph 23, they propose the inclusion of Civil Construction as well as Metal and Engineering Technical Traineeships AQF III in the Building and Construction General On-site Award 2010. The CFMEU is invited to file submissions on the matters raised by the AMWU at paragraph 23 of their submissions in reply by no later than 4.00pm on Friday 8 September 2017.

[11] Interested parties are invited to file submissions on the award-specific schedules by no later than 4.00 pm on Friday 8 September 2017. Any party wishing to reply to material filed is to do so by no later than 4.00 pm on Friday 22 September 2017.

[12] In the event that any party opposes the inclusion of award-specific NTW schedules in a particular award (e.g. see HIA submission 17 March 2017) they should make a submission to that effect. Any party wishing to reply to material filed is to do so by no later than 4.00 pm on Friday 22 September 2017. All submissions are to be sent to amod@fwc.gov.au.

PRESIDENT

Attachment A—Miscellaneous Award 2010

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).

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 Skills Service Organisation and endorsed by the 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 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 rates

A.4.1 Minimum weekly rates for full-time traineeships

(a) Wage level A

The minimum rate for a full-time trainee undertaking an 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 rate specified in column 2 of Table 1—Wage level A minimum weekly 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 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	$312.20	$343.80	$409.60
Plus 1 year out of school	$343.80	$409.60	$476.60
Plus 2 years out of school	$409.60	$476.60	$554.70
Plus 3 years out of school	$476.60	$554.70	$635.10
Plus 4 years out of school	$554.70	$635.10
Plus 5 or more years out of school	$635.10

NOTE: See clause A.4.3 for other minimum wage provisions that affect this paragraph.

(b) Wage level B

The minimum rate for a full-time trainee undertaking an 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 rate specified in column 2 of Table 2—Wage level B minimum weekly 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 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	$312.20	$343.80	$398.50
Plus 1 year out of school	$343.80	$398.50	$458.40
Plus 2 years out of school	$398.50	$458.40	$537.60
Plus 3 years out of school	$458.40	$537.60	$613.20
Plus 4 years out of school	$537.60	$613.20
Plus 5 or more years out of school	$613.20

NOTE: See clause A.4.3 for other minimum wage provisions that affect this paragraph.

(c) Wage level C

The minimum rate for a full-time trainee undertaking an 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 weekly rate specified in column 2 of Table 3—Wage level C minimum weekly 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 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	$312.20	$343.80	$398.50
Plus 1 year out of school	$343.80	$398.50	$448.60
Plus 2 years out of school	$398.50	$448.60	$501.20
Plus 3 years out of school	$448.60	$501.20	$558.40
Plus 4 years out of school	$501.20	$558.40
Plus 5 or more years out of school	$558.40

NOTE: See clause A.4.3 for other minimum wage provisions that affect this paragraph.

(d) AQF Certificate Level IV traineeships

(i) The minimum rate for a full-time trainee undertaking an AQF Certificate Level IV traineeship is the minimum rate for the relevant full-time AQF Certificate Level III traineeship increased by 3.8%.

(ii) The minimum rate for a full-time adult trainee undertaking an AQF Certificate Level IV traineeship is the weekly rate specified in column 2 or 3 of Table 4—Minimum weekly 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 rate for full-time adult trainees (AQF Certificate Level IV traineeship)

NOTE: See clause A.4.3 for other minimum wage provisions that affect this paragraph.

A.4.2 Minimum hourly rates for part-time traineeships

(a) Wage level A

The minimum hourly rate for a part-time trainee undertaking an 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	$10.27	$11.32	$13.48
Plus 1 year out of school	$11.32	$13.48	$15.69
Plus 2 years out of school	$13.48	$15.69	$18.24
Plus 3 years out of school	$15.69	$18.24	$20.88
Plus 4 years out of school	$18.24	$20.88
Plus 5 or more years out of school	$20.88

NOTE: See paragraph (f) for calculating the actual minimum wage. See also clause A.4.3 for other minimum wage provisions that affect this paragraph.

(b) Wage level B

The minimum hourly rate for a part-time trainee undertaking an 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 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	$10.27	$11.32	$13.12
Plus 1 year out of school	$11.32	$13.12	$15.08
Plus 2 years out of school	$13.12	$15.08	$17.70
Plus 3 years out of school	$15.08	$17.70	$20.18
Plus 4 years out of school	$17.70	$20.18
Plus 5 or more years out of school	$20.18

NOTE: See paragraph (f) for calculating the actual minimum wage. See also clause A.4.3 for other minimum wage provisions that affect this paragraph.

(c) Wage level C

The minimum hourly rate for a part-time trainee undertaking an 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 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	$10.27	$11.32	$13.12
Plus 1 year out of school	$11.32	$13.12	$14.75
Plus 2 years out of school	$13.12	$14.75	$16.48
Plus 3 years out of school	$14.75	$16.48	$18.37
Plus 4 years out of school	$16.48	$18.37
Plus 5 or more years out of school	$18.37

NOTE: See paragraph (f) for calculating the actual minimum wage. See also clause A.4.3 for other minimum wage provisions that affect this paragraph.

(d) School-based traineeships

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	per hour
$10.27	$11.32

NOTE: See paragraph (f) for calculating the actual minimum wage. See also clause A.4.3 for other minimum wage provisions that affect this paragraph.

(e) AQF Certificate Level IV traineeships

(i) The minimum hourly rate for a part-time trainee undertaking an 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) The minimum hourly rate for a part-time adult trainee undertaking an AQF Certificate Level IV traineeship is the hourly rate in column 2 or 3 of Table 9—Minimum hourly rate for part-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 9—Minimum hourly rate for part-time adult trainees (AQF Certificate Level IV traineeship)

NOTE: See paragraph (f) for calculating the actual minimum wage. See also clause A.4.3 for other minimum wage provisions that affect this paragraph.

(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 minimum hourly rate for a part-time trainee is obtained by multiplying the relevant minimum hourly rate in clauses A.4.2(a) to 0 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 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 0 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 0 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 (b), 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.

A.5.4 The time to be included for the purpose of calculating the wages for part-time trainees whose approved training is wholly off-the-job is determined by clauses A.4.2(f)(ii) and (iii) and not by clause A.5.3.

A.5.5 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

A.6.2 Wage level B²

A.6.3 Wage level C³

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).

Attachment B—Airline Operations Ground Staff Award 2010—modified AMWU draft NTW schedule

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 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 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).

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 Reference Committee of the applicable Skills Service Organisation and endorsed by the 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 Australian Industry and Skills Committee.

wage level A 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 rates

A.4.1 Minimum weekly rates for full-time traineeships

(a) Wage level A

The minimum rate for a full-time trainee undertaking an AQF Certificate Level II–III traineeship whose training package and AQF certificate levels are allocated to wage level A by clause A.6.1 is the weekly rate specified in column 2 of Table 1—Wage level A minimum weekly rate for full-time trainees (AQF Certificate Level II–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 rate for full-time trainees (AQF Certificate Level II–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	n/a	n/a	$409.60
Plus 1 year out of school	n/a	$409.60	$476.60
Plus 2 years out of school	$409.60	$476.60	$554.70
Plus 3 years out of school	$476.60	$554.70	$635.10
Plus 4 years out of school	$554.70	$635.10
Plus 5 or more years out of school	$635.10

NOTE: See clause A.4.3 for other minimum wage provisions that affect this paragraph.

(b) AQF Certificate Level IV traineeships

(i) The minimum rate for a full-time trainee undertaking an AQF Certificate Level IV traineeship is the minimum rate for the relevant full-time AQF Certificate Level III traineeship increased by 3.8%.

(ii) The minimum rate for a full-time adult trainee undertaking an AQF Certificate Level IV traineeship is the weekly rate specified in column 2 or 3 of Table 2—Minimum weekly 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 2—Minimum weekly rate for full-time adult trainees (AQF Certificate Level IV traineeship)

NOTE: See clause A.4.3 for other minimum wage provisions that affect this paragraph.

A.4.2 Minimum hourly rates for part-time traineeships

(a) Wage level A

The minimum hourly rate for a part-time trainee undertaking an AQF Certificate Level II–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 3—Wage level A minimum hourly rate for part-time trainees (AQF Certificate Level II–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 A minimum hourly rate for part-time trainees (AQF Certificate Level II–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	$10.27	$11.32	$13.48
Plus 1 year out of school	$11.32	$13.48	$15.69
Plus 2 years out of school	$13.48	$15.69	$18.24
Plus 3 years out of school	$15.69	$18.24	$20.88
Plus 4 years out of school	$18.24	$20.88
Plus 5 or more years out of school	$20.88

NOTE: See paragraph (d) for calculating the actual minimum wage. See also clause A.4.3 for other minimum wage provisions that affect this paragraph.

(b) School-based traineeships

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 level A by clause A.6 is the hourly rate in column 1 or 2 of Table 4—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 4—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	per hour
$10.27	$11.32

NOTE: See paragraph (d) for calculating the actual minimum wage. See also clause A.4.3 for other minimum wage provisions that affect this paragraph.

(c) AQF Certificate Level IV traineeships

(i) 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) The minimum hourly rate for a part-time adult trainee undertaking an AQF Certificate Level IV traineeship is the hourly rate in column 2 or 3 of Table 5—Minimum hourly rate for part-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 5—Minimum hourly rate for part-time adult trainees (AQF Certificate Level IV traineeship)

NOTE: See paragraph (d) for calculating the actual minimum wage. See also clause A.4.3 for other minimum wage provisions that affect this paragraph.

(d) 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 minimum hourly rate for a part-time trainee is obtained by multiplying the relevant minimum hourly rate in clauses A.4.2(a) to (c) 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 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 (c) 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 (c) 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.4.2.

(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 (b), 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.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.

A.5.4 The time to be included for the purpose of calculating the wages for part-time trainees whose approved training is wholly off-the-job is determined by clauses A.4.2(d)(ii) and (iii) and not by clause A.5.3.

A.5.5 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

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).

Attachment C—Airport Employees Award 2010—modified AMWU draft NTW schedule

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 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 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).

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 Reference Committee of the applicable Skills Service Organisation and endorsed by the 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 Australian Industry and Skills Committee.

wage level A 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.

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 rates

A.4.1 Minimum weekly rates for full-time traineeships

(a) Wage level A

The minimum rate for a full-time trainee undertaking an AQF Certificate Level II–III traineeship whose training package and AQF certificate levels are allocated to wage level A by clause A.6.1 is the weekly rate specified in column 2 of Table 1—Wage level A minimum weekly rate for full-time trainees (AQF Certificate Level II–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 rate for full-time trainees (AQF Certificate Level II–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	n/a	n/a		$409.60
Plus 1 year out of school	n/a	$409.60		$476.60
Plus 2 years out of school	$409.60	$476.60		$554.70
Plus 3 years out of school	$476.60	$554.70		$635.10
Plus 4 years out of school	$554.70	$635.10
Plus 5 or more years out of school	$635.10

NOTE: See clause A.4.3 for other minimum wage provisions that affect this paragraph.

(b) AQF Certificate Level IV traineeships

(i) The minimum rate for a full-time trainee undertaking an AQF Certificate Level IV traineeship is the minimum rate for the relevant full-time AQF Certificate Level III traineeship increased by 3.8%.

(ii) The minimum rate for a full-time adult trainee undertaking an AQF Certificate Level IV traineeship is the weekly rate specified in column 2 or 3 of Table 2—Minimum weekly 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 2—Minimum weekly rate for full-time adult trainees (AQF Certificate Level IV traineeship)

NOTE: See clause A.4.3 for other minimum wage provisions that affect this paragraph.

A.4.2 Minimum hourly rates for part-time traineeships

(a) Wage level A

The minimum hourly rate for a part-time trainee undertaking an AQF Certificate Level II–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 3—Wage level A minimum hourly rate for part-time trainees (AQF Certificate Level II–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 A minimum hourly rate for part-time trainees (AQF Certificate Level II–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	$10.27	$11.32	$13.48
Plus 1 year out of school	$11.32	$13.48	$15.69
Plus 2 years out of school	$13.48	$15.69	$18.24
Plus 3 years out of school	$15.69	$18.24	$20.88
Plus 4 years out of school	$18.24	$20.88
Plus 5 or more years out of school	$20.88

NOTE: See paragraph (d) for calculating the actual minimum wage. See also clause A.4.3 for other minimum wage provisions that affect this paragraph.

(b) School-based traineeships

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 level A by clause A.6 is the hourly rate in column 1 or 2 of Table 4—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 4—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	per hour
$10.27	$11.32

NOTE: See paragraph (d) for calculating the actual minimum wage. See also clause A.4.3 for other minimum wage provisions that affect this paragraph.

(c) AQF Certificate Level IV traineeships

(i) The minimum hourly rate for a part-time trainee undertaking an 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) The minimum hourly rate for a part-time adult trainee undertaking an AQF Certificate Level IV traineeship is the hourly rate in column 2 or 3 of Table 5—Minimum hourly rate for part-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 5—Minimum hourly rate for part-time adult trainees (AQF Certificate Level IV traineeship)

NOTE: See paragraph (d) for calculating the actual minimum wage. See also clause A.4.3 for other minimum wage provisions that affect this paragraph.

(d) 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 minimum hourly rate for a part-time trainee is obtained by multiplying the relevant minimum hourly rate in clauses A.4.2(a) to (c) 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 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 (c) 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 (c) 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.4.2.

(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 (b), 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.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.

A.5.4 The time to be included for the purpose of calculating the wages for part-time trainees whose approved training is wholly off-the-job is determined by clauses A.4.2(d)(ii) and (iii) and not by clause A.5.3.

A.5.5 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

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).

Attachment D—Building and Construction General On-site Award 2010— modified CFMEU draft NTW schedule

Schedule A—National Training Wage

A.1 Definitions

A.1.1 In this schedule:

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 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).

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 Skills Service Organisation and endorsed by the 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 Australian Industry and Skills, and includes any relevant replacement training package.

wage level A, B or C, see clause 28.

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.

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 rates

A.4.1 Minimum weekly rates for full-time traineeships – see clause 28

(a) AQF Certificate Level IV traineeships

The minimum rate for a full-time trainee undertaking an AQF Certificate Level IV traineeship is the minimum rate for the relevant full-time AQF Certificate Level III traineeship (as set out in clause 28) increased by 3.8%.

A.4.2 Minimum hourly rates for part-time traineeships

(a) Wage level A

The minimum hourly rate for a part-time trainee undertaking an 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 relevant weekly rate from clause 28 divided by 30.4.

(b) Wage level B

The minimum hourly rate for a part-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level B by clause A.6.2 is the relevant weekly rate from clause 28 divided by 30.4.

(c) School-based traineeships

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 or B by clause A.6 is the hourly rate in column 1 or 2 of Table 1—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 1—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	per hour
$10.27	$11.32

NOTE: See paragraph (f) for calculating the actual minimum wage. See also clause A.4.3 for other minimum wage provisions that affect this paragraph.

(d) AQF Certificate Level IV traineeships

The minimum hourly rate for a part-time trainee undertaking an AQF Certificate Level IV traineeship is the minimum hourly rate for the relevant part-time AQF Certificate Level III traineeship increased by 3.8%.

(e) 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 minimum hourly rate for a part-time trainee is obtained by multiplying the relevant minimum hourly rate in clauses A.4.2(a) to (d) 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 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 (d) 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 (d) 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.4.2.

(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 (b), 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.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.

A.5.4 The time to be included for the purpose of calculating the wages for part-time trainees whose approved training is wholly off-the-job is determined by clauses A.4.2(e)(ii) and (iii) and not by clause A.5.3.

A.5.5 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

A.6.2 Wage level B

Attachment E— Food, Beverage and Tobacco Manufacturing Award 2010—modified AMWU draft NTW schedule

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 or B 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 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).

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 Reference Committee of the applicable Skills Service Organisation and endorsed by the 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 Australian Industry and Skills Committee.

wage level A or B 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.

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 rates

A.4.1 Minimum weekly rates for full-time traineeships

(a) Wage level A

The minimum rate for a full-time trainee undertaking an AQF Certificate Level II–III traineeship whose training package and AQF certificate levels are allocated to wage level A by clause A.6.1 is the weekly rate specified in column 2 of Table 1—Wage level A minimum weekly rate for full-time trainees (AQF Certificate Level II–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 rate for full-time trainees (AQF Certificate Level II–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	$312.20	$343.80	$409.60
Plus 1 year out of school	$343.80	$409.60	$476.60
Plus 2 years out of school	$409.60	$476.60	$554.70
Plus 3 years out of school	$476.60	$554.70	$635.10
Plus 4 years out of school	$554.70	$635.10
Plus 5 or more years out of school	$635.10

NOTE: See clause A.4.3 for other minimum wage provisions that affect this paragraph.

(b) Wage level B

The minimum rate for a full-time trainee undertaking an AQF Certificate Level II–III traineeship whose training package and AQF certificate levels are allocated to wage level B by clause A.6.2 is the weekly rate specified in column 2 of Table 2—Wage level B minimum weekly rate for full-time trainees (AQF Certificate Level II–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 rate for full-time trainees (AQF Certificate Level II–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	$312.20	$343.80	$398.50
Plus 1 year out of school	$343.80	$398.50	$458.40
Plus 2 years out of school	$398.50	$458.40	$537.60
Plus 3 years out of school	$458.40	$537.60	$613.20
Plus 4 years out of school	$537.60	$613.20
Plus 5 or more years out of school	$613.20

NOTE: See clause A.4.3 for other minimum wage provisions that affect this paragraph.

(c) AQF Certificate Level IV traineeships

(i) The minimum rate for a full-time trainee undertaking an AQF Certificate Level IV traineeship is the minimum rate for the relevant full-time AQF Certificate Level III traineeship increased by 3.8%.

(ii) The minimum rate for a full-time adult trainee undertaking an AQF Certificate Level IV traineeship is the weekly rate specified in column 2 or 3 of Table 3—Minimum weekly 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 3—Minimum weekly rate for full-time adult trainees (AQF Certificate Level IV traineeship)

NOTE: See clause A.4.3 for other minimum wage provisions that affect this paragraph.

A.4.2 Minimum hourly rates for part-time traineeships

(a) Wage level A

The minimum hourly rate for a part-time trainee undertaking an AQF Certificate Level II–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 4—Wage level A minimum hourly rate for part-time trainees (AQF Certificate Level II–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 4—Wage level A minimum hourly rate for part-time trainees (AQF Certificate Level II–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	$10.27	$11.32	$13.48
Plus 1 year out of school	$11.32	$13.48	$15.69
Plus 2 years out of school	$13.48	$15.69	$18.24
Plus 3 years out of school	$15.69	$18.24	$20.88
Plus 4 years out of school	$18.24	$20.88
Plus 5 or more years out of school	$20.88

NOTE: See paragraph (e) for calculating the actual minimum wage. See also clause A.4.3 for other minimum wage provisions that affect this paragraph.

(b) Wage level B

The minimum hourly rate for a part-time trainee undertaking an AQF Certificate Level II–III traineeship whose training package and AQF certificate levels are allocated to wage level B by clause A.6.2 is the hourly rate specified in column 2 of Table 5—Wage level B minimum hourly rate for part-time trainees (AQF Certificate Level II–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 B minimum hourly rate for part-time trainees (AQF Certificate Level II–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	$10.27	$11.32	$13.12
Plus 1 year out of school	$11.32	$13.12	$15.08
Plus 2 years out of school	$13.12	$15.08	$17.70
Plus 3 years out of school	$15.08	$17.70	$20.18
Plus 4 years out of school	$17.70	$20.18
Plus 5 or more years out of school	$20.18

NOTE: See paragraph (e) for calculating the actual minimum wage. See also clause A.4.3 for other minimum wage provisions that affect this paragraph.

(c) School-based traineeships

The minimum hourly rate for a part-time trainee who works ordinary hours and is undertaking a school-based AQF Certificate Level II–III traineeship whose training package and AQF certificate levels are allocated to wage levels A, B or C by clause A.6 is the hourly rate in column 1 or 2 of Table 6—Minimum hourly rate for part-time trainees (school-based AQF Certificate Level II–III traineeship) according to the year of schooling of the trainee.

Table 6—Minimum hourly rate for part-time trainees (school-based AQF Certificate Level II–III traineeship)

Column 1 Year 11 or lower	Column 2 Year 12
per hour	per hour
$10.27	$11.32

NOTE: See paragraph (e) for calculating the actual minimum wage. See also clause A.4.3 for other minimum wage provisions that affect this paragraph.

(d) AQF Certificate Level IV traineeships

(i) The minimum hourly rate for a part-time trainee undertaking an 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) The minimum hourly rate for a part-time adult trainee undertaking a part-time AQF Certificate Level IV traineeship is the hourly rate in column 2 or 3 of Table 7—Minimum hourly rate for part-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 7—Minimum hourly rate for part-time adult trainees (AQF Certificate Level IV traineeship)

NOTE: See paragraph (e) for calculating the actual minimum wage. See also clause A.4.3 for other minimum wage provisions that affect this paragraph.

(e) 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 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 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.4.2.

(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 (b), 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.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.

A.5.4 The time to be included for the purpose of calculating the wages for part-time trainees whose approved training is wholly off-the-job is determined by clauses A.4.2(e)(ii) and (iii) and not by clause A.5.3.

A.5.5 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

A.6.2 Wage level B

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).

Attachment F—Joinery and Building Trades Award 2010— modified CFMEU draft NTW schedule

Schedule A—National Training Wage—Joinery and Building Trades Award 2010

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 or B 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 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).

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 Skills Service Organisation and endorsed by the 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 Australian Industry and Skills Committee and placed on the National Register of Vocational Education and Training (VET) (www.training.gov.au) with the approval of the COAG Industry and Skills Council (CISC), and includes any relevant replacement training package.

wage level A or B, 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.

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 rates

A.4.1 Minimum weekly rates for full-time traineeships

(a) Wage level A

The minimum rate for a full-time trainee undertaking an 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 rate specified in column 2 of Table 1—Wage level A minimum weekly 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 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	$312.20	$343.80	$409.60
Plus 1 year out of school	$343.80	$409.60	$476.60
Plus 2 years out of school	$409.60	$476.60	$554.70
Plus 3 years out of school	$476.60	$554.70	$635.10
Plus 4 years out of school	$554.70	$635.10
Plus 5 or more years out of school	$635.10

NOTE: See clause A.4.3 for other minimum wage provisions that affect this paragraph.

(b) Wage level B

The minimum rate for a full-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level B by clause A.6.2 is the weekly rate specified in column 2 of Table 2—Wage level B minimum weekly 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 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	$312.20	$343.80	$398.50
Plus 1 year out of school	$343.80	$398.50	$458.40
Plus 2 years out of school	$398.50	$458.40	$537.60
Plus 3 years out of school	$458.40	$537.60	$613.20
Plus 4 years out of school	$537.60	$613.20
Plus 5 or more years out of school	$613.20

NOTE: See clause A.4.3 for other minimum wage provisions that affect this paragraph.

(c) AQF Certificate Level IV traineeships

(i) The minimum rate for a full-time trainee undertaking an AQF Certificate Level IV traineeship is the minimum rate for the relevant full-time AQF Certificate Level III traineeship increased by 3.8%.

(ii) The minimum rate for a full-time adult trainee undertaking an AQF Certificate Level IV traineeship is the weekly rate specified in column 2 or 3 of Table 3—Minimum weekly 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 3—Minimum weekly rate for full-time adult trainees (AQF Certificate Level IV traineeship)

NOTE: See clause A.4.3 for other minimum wage provisions that affect this paragraph.

A.4.2 Minimum hourly rates for part-time traineeships

(a) Wage level A

The minimum hourly rate for a part-time trainee undertaking an 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 4—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 4—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	$10.27	$11.32	$13.48
Plus 1 year out of school	$11.32	$13.48	$15.69
Plus 2 years out of school	$13.48	$15.69	$18.24
Plus 3 years out of school	$15.69	$18.24	$20.88
Plus 4 years out of school	$18.24	$20.88
Plus 5 or more years out of school	$20.88

NOTE: See paragraph (e) for calculating the actual minimum wage. See also clause A.4.3 for other minimum wage provisions that affect this paragraph.

(b) Wage level B

The minimum hourly rate for a part-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level B by clause A.6.2 is the hourly rate specified in column 2 of Table 5—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 5—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	$10.27	$11.32	$13.12
Plus 1 year out of school	$11.32	$13.12	$15.08
Plus 2 years out of school	$13.12	$15.08	$17.70
Plus 3 years out of school	$15.08	$17.70	$20.18
Plus 4 years out of school	$17.70	$20.18
Plus 5 or more years out of school	$20.18

NOTE: See paragraph (e) for calculating the actual minimum wage. See also clause A.4.3 for other minimum wage provisions that affect this paragraph.

(c) School-based traineeships

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 is the hourly rate in column 1 or 2 of Table 6—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 6—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	per hour
$10.27	$11.32

NOTE: See paragraph (e) for calculating the actual minimum wage. See also clause A.4.3 for other minimum wage provisions that affect this paragraph.

(d) AQF Certificate Level IV traineeships

(i) The minimum hourly rate for a part-time trainee undertaking an 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) The minimum hourly rate for a part-time adult trainee undertaking an AQF Certificate Level IV traineeship is the hourly rate in column 2 or 3 of Table 7—Minimum hourly rate for part-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 7—Minimum hourly rate for part-time adult trainees (AQF Certificate Level IV traineeship)

NOTE: See paragraph (e) for calculating the actual minimum wage. See also clause A.4.3 for other minimum wage provisions that affect this paragraph.

(e) 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 minimum hourly rate for a part-time trainee is obtained by multiplying the relevant minimum hourly rate in clauses A.4.2(a) to (d) 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 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 (d) 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 (d) 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.4.2.

(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 (b), 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.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.

A.5.4 The time to be included for the purpose of calculating the wages for part-time trainees whose approved training is wholly off-the-job is determined by clauses A.4.2(e)(ii) and (iii) and not by clause A.5.3.

A.5.5 Subject to clause A.4.2, 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

A.6.2 Wage level B

Attachment G—Manufacturing and Associated Industries and Occupations Award 2010— modified AMWU draft NTW schedule

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 or B 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 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).

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 Reference Committee of the applicable Skills Service Organisation and endorsed by the 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 Australian Industry and Skills Committee.

wage level A or B 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.

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 rates

A.4.1 Minimum weekly rates for full-time traineeships

(a) Wage level A

The minimum rate for a full-time trainee undertaking an AQF Certificate Level II–III traineeship whose training package and AQF certificate levels are allocated to wage level A by clause A.6.1 is the weekly rate specified in column 2 of Table 1—Wage level A minimum weekly rate for full-time trainees (AQF Certificate Level II–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 rate for full-time trainees (AQF Certificate Level II–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	$312.20	$343.80	$409.60
Plus 1 year out of school	$343.80	$409.60	$476.60
Plus 2 years out of school	$409.60	$476.60	$554.70
Plus 3 years out of school	$476.60	$554.70	$635.10
Plus 4 years out of school	$554.70	$635.10
Plus 5 or more years out of school	$635.10

NOTE: See clause A.4.3 for other minimum wage provisions that affect this paragraph.

(b) Wage level B

The minimum rate for a full-time trainee undertaking an AQF Certificate Level II–III traineeship whose training package and AQF certificate levels are allocated to wage level B by clause A.6.2 is the weekly rate specified in column 2 of Table 2—Wage level B minimum weekly rate for full-time trainees (AQF Certificate Level II–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 rate for full-time trainees (AQF Certificate Level II–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	$312.20	$343.80	$398.50
Plus 1 year out of school	$343.80	$398.50	$458.40
Plus 2 years out of school	$398.50	$458.40	$537.60
Plus 3 years out of school	$458.40	$537.60	$613.20
Plus 4 years out of school	$537.60	$613.20
Plus 5 or more years out of school	$613.20

NOTE: See clause A.4.3 for other minimum wage provisions that affect this paragraph.

(c) AQF Certificate Level IV traineeships

(i) The minimum rate for a full-time trainee undertaking an AQF Certificate Level IV traineeship is the minimum rate for the relevant full-time AQF Certificate Level III traineeship increased by 3.8%.

(ii) The minimum rate for a full-time adult trainee undertaking an AQF Certificate Level IV traineeship is the weekly rate specified in column 2 or 3 of Table 3—Minimum weekly 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 3—Minimum weekly rate for full-time adult trainees (AQF Certificate Level IV traineeship)

NOTE: See clause A.4.3 for other minimum wage provisions that affect this paragraph.

A.4.2 Minimum hourly rates for part-time traineeships

(a) Wage level A

The minimum hourly rate for a part-time trainee undertaking an AQF Certificate Level II–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 4—Wage level A minimum hourly rate for part-time trainees (AQF Certificate Level II–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 4—Wage level A minimum hourly rate for part-time trainees (AQF Certificate Level II–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	$10.27		$11.32	$13.48
Plus 1 year out of school	$11.32		$13.48	$15.69
Plus 2 years out of school	$13.48		$15.69	$18.24
Plus 3 years out of school	$15.69		$18.24	$20.88
Plus 4 years out of school	$18.24		$20.88
Plus 5 or more years out of school	$20.88

NOTE: See paragraph (e) for calculating the actual minimum wage. See also clause A.4.3 for other minimum wage provisions that affect this paragraph.

(b) Wage level B

The minimum hourly rate for a part-time trainee undertaking an AQF Certificate Level II–III traineeship whose training package and AQF certificate levels are allocated to wage level B by clause A.6.2 is the hourly rate specified in column 2 of Table 5—Wage level B minimum hourly rate for part-time trainees (AQF Certificate Level II–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 B minimum hourly rate for part-time trainees (AQF Certificate Level II–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	$10.27	$11.32	$13.12
Plus 1 year out of school	$11.32	$13.12	$15.08
Plus 2 years out of school	$13.12	$15.08	$17.70
Plus 3 years out of school	$15.08	$17.70	$20.18
Plus 4 years out of school	$17.70	$20.18
Plus 5 or more years out of school	$20.18

NOTE: See paragraph (e) for calculating the actual minimum wage. See also clause A.4.3 for other minimum wage provisions that affect this paragraph.

(c) School-based traineeships

The minimum hourly rate for a part-time trainee who works ordinary hours and is undertaking a school-based AQF Certificate Level II–III traineeship whose training package and AQF certificate levels are allocated to wage levels A, B or C by clause A.6 is the hourly rate in column 1 or 2 of Table 6—Minimum hourly rate for part-time trainees (school-based AQF Certificate Level II–III traineeship) according to the year of schooling of the trainee.

Table 6—Minimum hourly rate for part-time trainees (school-based AQF Certificate Level II–III traineeship)

Column 1 Year 11 or lower	Column 2 Year 12
per hour	per hour
$10.27	$11.32

NOTE: See paragraph (e) for calculating the actual minimum wage. See also clause A.4.3 for other minimum wage provisions that affect this paragraph.

(d) AQF Certificate Level IV traineeships

(i) The minimum hourly rate for a part-time trainee undertaking an 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) The minimum hourly rate for a full-time adult trainee undertaking a part-time AQF Certificate Level IV traineeship is the hourly rate in column 2 or 3 of Table 7—Minimum hourly rate for part-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 7—Minimum hourly rate for part-time adult trainees (AQF Certificate Level IV traineeship)

(e) 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 minimum hourly rate for a part-time trainee is obtained by multiplying the relevant minimum hourly rate in clauses A.4.2(a) to (d) 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 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 (d) 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 (d) 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.4.2.

(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 (b), 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.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.

A.5.4 The time to be included for the purpose of calculating the wages for part-time trainees whose approved training is wholly off-the-job is determined by clauses A.4.2(e)(ii) and (iii) and not by clause A.5.3.

A.5.5 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

A.6.2 Wage level B

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).

Attachment H—Mobile Crane Hiring Award 2010—modified CFMEU draft NTW schedule

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, 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 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).

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 Skills Service Organisation and endorsed by the 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 Australian Industry and Skills Committee and placed on the National Register of Vocational Education and Training (VET) (www.training.gov.au) with the approval of the COAG Industry and Skills Council (CISC), and includes any relevant replacement training package.

wage level A, 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.

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 rates

A.4.1 Minimum weekly rates for full-time traineeships

(a) Wage level A

The minimum rate for a full-time trainee undertaking an 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 rate specified in column 2 of Table 1—Wage level A minimum weekly 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 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	n/a	n/a		$409.60
Plus 1 year out of school	n/a	$409.60		$476.60
Plus 2 years out of school	$409.60	$476.60		$554.70
Plus 3 years out of school	$476.60	$554.70		$635.10
Plus 4 years out of school	$554.70	$635.10
Plus 5 or more years out of school	$635.10

NOTE: See clause A.4.3 for other minimum wage provisions that affect this paragraph.

(b) AQF Certificate Level IV traineeships

(i) The minimum rate for a full-time trainee undertaking an AQF Certificate Level IV traineeship is the minimum rate for the relevant full-time AQF Certificate Level III traineeship increased by 3.8%.

(ii) The minimum rate for a full-time adult trainee undertaking an AQF Certificate Level IV traineeship is the weekly rate specified in column 2 or 3 of Table 2—Minimum weekly 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 2—Minimum weekly rate for full-time adult trainees (AQF Certificate Level IV traineeship)

NOTE: See clause A.4.3 for other minimum wage provisions that affect this paragraph.

A.4.2 Minimum hourly rates for part-time traineeships

(a) Wage level A

The minimum hourly rate for a part-time trainee undertaking an 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 3—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 3—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	n/a	n/a	$13.48
Plus 1 year out of school	n/a	$13.48	$15.69
Plus 2 years out of school	$13.48	$15.69	$18.24
Plus 3 years out of school	$15.69	$18.24	$20.88
Plus 4 years out of school	$18.24	$20.88
Plus 5 or more years out of school	$20.88

NOTE: See paragraph (c) for calculating the actual minimum wage. See also clause A.4.3 for other minimum wage provisions that affect this paragraph.

(b) AQF Certificate Level IV traineeships

(i) The minimum hourly rate for a part-time trainee undertaking an 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) The minimum hourly rate for a part-time adult trainee undertaking an AQF Certificate Level IV traineeship is the hourly rate in column 2 or 3 of Table 4—Minimum hourly rate for part-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 hourly rate for part-time adult trainees (AQF Certificate Level IV traineeship)

NOTE: See paragraph (c) for calculating the actual minimum wage. See also clause A.4.3 for other minimum wage provisions that affect this paragraph.

(c) 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 minimum hourly rate for a part-time trainee is obtained by multiplying the relevant minimum hourly rate in clauses A.4.2(a) to (b) 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 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 (b) 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 (b) 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.4.2.

(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 (b), 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.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.

A.5.4 The time to be included for the purpose of calculating the wages for part-time trainees whose approved training is wholly off-the-job is determined by clauses A.4.2(c)(ii) and (iii) and not by clause A.5.3.

A.5.5 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

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).

Attachment I—Sugar Industry Award 2010—modified AMWU draft NTW schedule

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 or B 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 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).

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 Reference Committee of the applicable Skills Service Organisation and endorsed by the 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 Australian Industry and Skills Committee.

wage level A or B 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.

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 rates

A.4.1 Minimum weekly rates for full-time traineeships

(a) Wage level A

The minimum rate for a full-time trainee undertaking an AQF Certificate Level II–III traineeship whose training package and AQF certificate levels are allocated to wage level A by clause A.6.1 is the weekly rate specified in column 2 of Table 1—Wage level A minimum weekly rate for full-time trainees (AQF Certificate Level II–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 rate for full-time trainees (AQF Certificate Level II–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	$312.20	$343.80	$409.60
Plus 1 year out of school	$343.80	$409.60	$476.60
Plus 2 years out of school	$409.60	$476.60	$554.70
Plus 3 years out of school	$476.60	$554.70	$635.10
Plus 4 years out of school	$554.70	$635.10
Plus 5 or more years out of school	$635.10

NOTE: See clause A.4.3 for other minimum wage provisions that affect this paragraph.

(b) Wage level B

The minimum rate for a full-time trainee undertaking an AQF Certificate Level II–III traineeship whose training package and AQF certificate levels are allocated to wage level B by clause A.6.2 is the weekly rate specified in column 2 of Table 2—Wage level B minimum weekly rate for full-time trainees (AQF Certificate Level II–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 rate for full-time trainees (AQF Certificate Level II–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	$312.20	$343.80	$398.50
Plus 1 year out of school	$343.80	$398.50	$458.40
Plus 2 years out of school	$398.50	$458.40	$537.60
Plus 3 years out of school	$458.40	$537.60	$613.20
Plus 4 years out of school	$537.60	$613.20
Plus 5 or more years out of school	$613.20

NOTE: See clause A.4.3 for other minimum wage provisions that affect this paragraph.

(c) AQF Certificate Level IV traineeships

(i) The minimum rate for a full-time trainee undertaking an AQF Certificate Level IV traineeship is the minimum rate for the relevant full-time AQF Certificate Level III traineeship increased by 3.8%.

(ii) The minimum rate for a full-time adult trainee undertaking an AQF Certificate Level IV traineeship is the weekly rate specified in column 2 or 3 of Table 3—Minimum weekly 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 3—Minimum weekly rate for full-time adult trainees (AQF Certificate Level IV traineeship)

NOTE: See clause A.4.3 for other minimum wage provisions that affect this paragraph.

A.4.2 Minimum hourly rates for part-time traineeships

(a) Wage level A

The minimum hourly rate for a part-time trainee undertaking an AQF Certificate Level II–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 4—Wage level A minimum hourly rate for part-time trainees (AQF Certificate Level II–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 4—Wage level A minimum hourly rate for part-time trainees (AQF Certificate Level II–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	$10.27	$11.32	$13.48
Plus 1 year out of school	$11.32	$13.48	$15.69
Plus 2 years out of school	$13.48	$15.69	$18.24
Plus 3 years out of school	$15.69	$18.24	$20.88
Plus 4 years out of school	$18.24	$20.88
Plus 5 or more years out of school	$20.88

NOTE: See paragraph (e) for calculating the actual minimum wage. See also clause A.4.3 for other minimum wage provisions that affect this paragraph.

(b) Wage level B

The minimum hourly rate for a part-time trainee undertaking an AQF Certificate Level II–III traineeship whose training package and AQF certificate levels are allocated to wage level B by clause A.6.2 is the hourly rate specified in column 2 of Table 5—Wage level B minimum hourly rate for part-time trainees (AQF Certificate Level II–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 B minimum hourly rate for part-time trainees (AQF Certificate Level II–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	$10.27	$11.32	$13.12
Plus 1 year out of school	$11.32	$13.12	$15.08
Plus 2 years out of school	$13.12	$15.08	$17.70
Plus 3 years out of school	$15.08	$17.70	$20.18
Plus 4 years out of school	$17.70	$20.18
Plus 5 or more years out of school	$20.18

NOTE: See paragraph (e) for calculating the actual minimum wage. See also clause A.4.3 for other minimum wage provisions that affect this paragraph.

(c) School-based traineeships

The minimum hourly rate for a part-time trainee who works ordinary hours and is undertaking a school-based AQF Certificate Level II–III traineeship whose training package and AQF certificate levels are allocated to wage levels A, B or C by clause A.6 is the hourly rate in column 1 or 2 of Table 6—Minimum hourly rate for part-time trainees (school-based AQF Certificate Level II–III traineeship) according to the year of schooling of the trainee.

Table 6—Minimum hourly rate for part-time trainees (school-based AQF Certificate Level II–III traineeship)

Column 1 Year 11 or lower	Column 2 Year 12
per hour	per hour
$10.27	$11.32

NOTE: See paragraph (e) for calculating the actual minimum wage. See also clause A.4.3 for other minimum wage provisions that affect this paragraph.

(d) AQF Certificate Level IV traineeships

(i) The minimum hourly rate for a part-time trainee undertaking an 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) The minimum hourly rate for a part-time adult trainee undertaking an AQF Certificate Level IV traineeship is the hourly rate in column 2 or 3 of Table 7—Minimum hourly rate for part-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 7—Minimum hourly rate for part-time adult trainees (AQF Certificate Level IV traineeship)

NOTE: See paragraph (e) for calculating the actual minimum wage. See also clause A.4.3 for other minimum wage provisions that affect this paragraph.

(e) 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 minimum hourly rate for a part-time trainee is obtained by multiplying the relevant minimum hourly rate in clauses A.4.2(a) to (d) 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 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 (d) 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 (d) 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.4.2.

(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 (b), 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.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.

A.5.4 The time to be included for the purpose of calculating the wages for part-time trainees whose approved training is wholly off-the-job is determined by clauses A.4.2(e)(ii) and (iii) and not by clause A.5.3.

A.5.5 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

A.6.2 Wage level B

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).

Attachment J—Surveying Award 2010—modified AMWU draft NTW schedule

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 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 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).

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 Reference Committee of the applicable Skills Service Organisation and endorsed by the 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 Australian Industry and Skills Committee.

wage level A 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.

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 rates

A.4.1 Minimum weekly rates for full-time traineeships

(a) Wage level A

The minimum rate for a full-time trainee undertaking an AQF Certificate Level II–III traineeship whose training package and AQF certificate levels are allocated to wage level A by clause A.6.1 is the weekly rate specified in column 2 of Table 1—Wage level A minimum weekly rate for full-time trainees (AQF Certificate Level II–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 rate for full-time trainees (AQF Certificate Level II–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	n/a	n/a	$409.60
Plus 1 year out of school	n/a	$409.60	$476.60
Plus 2 years out of school	$409.60	$476.60	$554.70
Plus 3 years out of school	$476.60	$554.70	$635.10
Plus 4 years out of school	$554.70	$635.10
Plus 5 or more years out of school	$635.10

NOTE: See clause A.4.3 for other minimum wage provisions that affect this paragraph.

(b) AQF Certificate Level IV traineeships

(i) The minimum rate for a full-time trainee undertaking an AQF Certificate Level IV traineeship is the minimum rate for the relevant full-time AQF Certificate Level III traineeship increased by 3.8%.

(ii) The minimum rate for a full-time adult trainee undertaking an AQF Certificate Level IV traineeship is the weekly rate specified in column 2 or 3 of Table 2—Minimum weekly 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 2—Minimum weekly rate for full-time adult trainees (AQF Certificate Level IV traineeship)

NOTE: See clause A.4.3 for other minimum wage provisions that affect this paragraph.

A.4.2 Minimum hourly rates for part-time traineeships

(a) Wage level A

The minimum hourly rate for a part-time trainee undertaking an AQF Certificate Level II–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 3—Wage level A minimum hourly rate for part-time trainees (AQF Certificate Level II–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 A minimum hourly rate for part-time trainees (AQF Certificate Level II–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	$10.27	$11.32	$13.48
Plus 1 year out of school	$11.32	$13.48	$15.69
Plus 2 years out of school	$13.48	$15.69	$18.24
Plus 3 years out of school	$15.69	$18.24	$20.88
Plus 4 years out of school	$18.24	$20.88
Plus 5 or more years out of school	$20.88

NOTE: See paragraph (d) for calculating the actual minimum wage. See also clause A.4.3 for other minimum wage provisions that affect this paragraph.

(b) School-based traineeships

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 level A by clause A.6 is the hourly rate in column 1 or 2 of Table 4—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 4—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	per hour
$10.27	$11.32

NOTE: See paragraph (d) for calculating the actual minimum wage. See also clause A.4.3 for other minimum wage provisions that affect this paragraph.

(c) AQF Certificate Level IV traineeships

(i) The minimum hourly rate for a part-time trainee undertaking an 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) The minimum hourly rate for a part-time adult trainee undertaking an AQF Certificate Level IV traineeship is the hourly rate in column 2 or 3 of Table 5—Minimum hourly rate for part-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 5—Minimum hourly rate for part-time adult trainees (AQF Certificate Level IV traineeship)

NOTE: See paragraph (d) for calculating the actual minimum wage. See also clause A.4.3 for other minimum wage provisions that affect this paragraph.

(d) 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 minimum hourly rate for a part-time trainee is obtained by multiplying the relevant minimum hourly rate in clauses A.4.2(a) to (c) 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 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 (c) 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 (c) 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.4.2.

(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.