MA000070 - Variation - 22 Nov 2013

MA000070  PR544169

FAIR WORK COMMISSION

DETERMINATION



Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Item 6,Sch. 5—Modern awards review

Modern Awards Review 2012—Apprentices,Trainees and Juniors
(AM2012/135)

CEMETERY INDUSTRY AWARD 2010
[MA000070]

Cemetery operations

JUSTICE BOULTON,SENIOR DEPUTY PRESIDENT
SENIOR DEPUTY PRESIDENT HARRISON
COMMISSIONER ROE

SYDNEY,22 NOVEMBER 2013

Transitional review of modern awards - apprentices,trainees and junior rates - common matters - consequential variations.

A. Further to the decision of 22 August 2013 1 and pursuant to Item 6,Schedule 5 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009,the Cemetery Industry Award 20102 is varied as follows:

1. By inserting the following definition in clause 3.1 in alphabetical order:

adult apprentice means an apprentice who is 21 years of age or over at the commencement of their apprenticeship

2. By deleting clause 14.2 and inserting the following:

14.2 Apprentices

(a) The minimum weekly rates of pay to be paid to apprentices who commenced before 1 January 2014 will be the following:

Year of apprenticeship

% of minimum rate for Cemetery Employee Class 4

  

1st year

47.5

  

2nd year

60

  

3rd year

75

  

4th year

95

(b) The minimum weekly rates of pay to be paid to apprentices who commenced on or after 1 January 2014 will be the following:

    (i) From 1 January 2014:

    Year of apprenticeship

    % of minimum wage for Cemetery Employee Class 4 for apprentices who have not completed Year 12

    % of minimum wage for Cemetery Employee Class 4 for apprentices who have completed Year 12

       

    1st year

    50

    52.5

       

    2nd year

    60

    65

       

    3rd year

    75

    75

       

    4th year

    95

    95

    (ii) From the first pay period commencing on or after 1 January 2015:

    Year of apprenticeship

    % of minimum wage for Cemetery Employee Class 4 for apprentices who have not completed Year 12

    % of minimum wage for Cemetery Employee Class 4 for apprentices who have completed Year 12

       

    1st year

    50

    55

       

    2nd year

    60

    65

       

    3rd year

    75

    75

       

    4th year

    95

    95

3. By renumbering clauses 14.3 to 14.5 as 14.4 to 14.6.

4. By inserting a new clause 14.3 as follows:

14.3 Adult apprentices

(a) The minimum rate for an adult apprentice who commenced on or after 1 January 2014 and is in the first year of their apprenticeship will be 80% of the minimum wage for Cemetery Employee Class 4,or the rate prescribed by clause 14.2(b) for the relevant year of the apprenticeship,whichever is the greater.

(b) The minimum rate for an adult apprentice who commenced on or after 1 January 2014 and is in the second and subsequent years of their apprenticeship will be the rate for the lowest adult classification in clause 14.1—Adult weekly rates,or the rate prescribed by clause 14.2(b) for the relevant year of the apprenticeship,whichever is the greater.

(c) 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 the person has been an employee in that enterprise for at least six months as a full-time employee or twelve months as a part-time or regular and systematic casual employee immediately prior to commencing the apprenticeship. For the purpose only of fixing a minimum wage,the adult apprentice must continue to receive the minimum wage that applies to the classification specified in clause 14.1—Adult weekly rates in which the adult apprentice was engaged immediately prior to entering into the training agreement.

5. By deleting clause E.8 and inserting the following:

E.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each two years of employment as an apprentice or at the rate of competency-based progression if provided for in this award.

6. By deleting clause E.9 and inserting the following:

E.9 The apprentice wage scales are based on a standard full-time apprenticeship of four years (unless the apprenticeship is of three years duration) or stages of competency based progression (if provided for in this award). The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.

7. By deleting clause E.10 and inserting the following:

E.10 If an apprentice converts from school-based to full-time,the successful completion of competencies (if provided for in this award) and all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.

8. By updating all cross-references accordingly.

B. This determination comes into operation on the first full pay period commencing on or after 1 January 2014.

SENIOR DEPUTY PRESIDENT

<Price code A>

 1  [2013] FWCFB 5411.

 2  MA000070.

Printed by authority of the Commonwealth Government Printer

About this document
(1)
Code:
PR544169V
Title:
MA000070 - Variation - 22 Nov 2013
Effective:
22 Nov 2013
Updated:
24 Nov 2013
(0)
MA000070 - Variation - 22 Nov 2013
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