Miscellaneous Award 2020 [MA000104]
History of variations
| Download: Current award Current award | Information | Reading this award | Subscribe to updates


Previous PageFirst PageNext Page

15. Minimum rates

[Varied by PR718922, PR729365, PR733932, PR740790]

[15.1 varied by PR718922, PR729365, PR740790 ppc 01Jul22]

15.1 An employer must pay adult employees the following minimum rates for ordinary hours worked by the employee:

Employee classification

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

Level 1

812.60

21.38

Level 2

865.20

22.77

Level 3

940.90

24.76

Level 4

1026.60

27.02

NOTE: See Schedule A—Summary of Hourly Rates of Pay for a summary of hourly rates of pay, including overtime and penalty rates.

15.2 Apprentice minimum rates

(a) An apprentice (other than an adult apprentice) must be paid a minimum of the following percentage of the standard rate (Level 3):

Year of apprenticeship

% of Level 3

1st

55

2nd

65

3rd

80

4th

95

(b) An adult apprentice who commenced on or after 1 January 2014 and is in the first year of their apprenticeship must be paid:

(i) 80% of the minimum weekly rate for Level 3 in clause 15.1; or

(ii) the rate prescribed by clause 15.2(a) for the relevant year of the apprenticeship,

whichever is the greater.

(c) An adult apprentice who commenced on or after 1 January 2014 and is in the second and subsequent years of their apprenticeship must be paid:

(i) the rate for the lowest adult classification in clause 15.1; or

(ii) the rate prescribed by clause 15.2(a) for the relevant year of the apprenticeship,

whichever is the greater.

(d) A person employed by an employer under this award immediately prior to entering into a training agreement as an adult apprentice with that employer must not suffer a reduction in their minimum wage by virtue of entering into the training agreement, provided that:

(i) the person has been an employee in that enterprise for at least 6 months as a full-time employee; or

[15.2(d)(ii) varied by PR733932 from 27Sep21]

(ii) 12 months as a part-time or regular casual employee immediately prior to commencing the apprenticeship.

(e) For the purpose only of fixing a minimum wage, the adult apprentice must continue to receive the minimum rate that applies to the classification specified in clause 15.1 in which the adult apprentice was engaged immediately prior to entering into the training agreement.

15.3 Apprentice conditions of employment

(a) Except as provided in clause 15.3 or where otherwise stated, all conditions of employment specified in this award apply to apprentices.

(b) Block release training

(i) Where an apprentice is required to attend block release training for training identified in or associated with their training contract, and such training requires an overnight stay, the employer must pay for the excess reasonable travel costs incurred by the apprentice in the course of travelling to and from such training.

(ii) Provided that clause 15.3(b) will not apply where the apprentice could attend an alternative Registered Training Organisation (RTO) and the use of the more distant RTO is not agreed between the employer and the apprentice.

(iii) For the purposes of clause 15.3(b)(i), excess reasonable travel costs include the total costs of reasonable transportation (including transportation of tools where required), accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling, including meals, which exceed those incurred in travelling to and from work.

(iv) For the purposes of clause 15.3(b)(i), excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.

(c) Reduction of payment

(i) The amount payable by an employer under clause 15.3(b)(i) may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.

(ii) All training fees charged by an RTO for prescribed courses and the cost of all prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) for the apprenticeship, which are paid by an apprentice, shall be reimbursed by the employer:

whichever is the later, unless there is unsatisfactory progress.

(iii) An employer may meet its obligations under clause 15.3(c)(ii) by paying any fees and/or cost of textbooks directly to the RTO.

(d) Attending training

(i) An apprentice is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.

(ii) Time spent by an apprentice in attending any training and/or 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 apprentice’s wages and determining the apprentice’s employment conditions. Clause 15.3(d)(ii) operates subject to the provisions of Schedule C—School-based Apprentices.

(e) No apprentice will, except in an emergency, work or be required to work overtime or shiftwork at times which would prevent their attendance at training consistent with their training contract.

NOTE: See Schedule A—Summary of Hourly Rates of Pay for a summary of hourly rates of pay for apprentice employees including overtime and penalty rates.

15.4 Junior minimum rates

The minimum rates for juniors are:

Age

% of relevant adult
minimum rate

Under 16 years

36.8

16 years

47.3

17 years

57.8

18 years

68.3

19 years

82.5

20 years

97.7

NOTE: See clause Schedule A—Summary of Hourly Rates of Pay for a summary of hourly rates of pay for junior employees including overtime and penalty rates.

15.5 Higher duties

An employee engaged for more than 4 hours on any one day or shift in the duties of a higher classification must be paid the minimum hourly rate for that classification for the whole day or shift.

15.6 Supported wage system

For employees who because of the effects of a disability are eligible for a supported wage, see Schedule D—Supported Wage System.

15.7 School-based apprentices

For school-based apprentices, see Schedule C—School-based Apprentices.

15.8 National training wage

For employees undertaking a traineeship, see Schedule E—National Training Wage.


Previous PageTop Of PageFirst PageNext Page