MA000045 - Variation - 22 Nov 2013

MA000045  PR544172

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)

COAL EXPORT TERMINALS AWARD 2010
[MA000045]

Coal export terminals

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 Coal Export Terminals Award 20102 is varied as follows:

1. By deleting clause 13.4 and inserting the following:

13.4 Apprentices

(a) The terms of this award apply to apprentices,subject to the provisions of an applicable contract of apprenticeship operating under federal,State or Territory apprenticeship legislation.

(b) Apprentices who commenced before 1 January 2014 will be entitled to the percentage of the Maintenance Trades –Competent Rate as set out in the table below.

Year of apprenticeship

Percentage Maintenance Trades - Competent Rate

 

%

  

1st year

45

  

2nd year

55

  

3rd year

75

  

4th year

88

(c) Apprentices who commenced on or after 1 January 2014 will be entitled to the percentage of the Maintenance Trades –Competent Rate as set out in the tables below.

    (i) From 1 January 2014:

    Year of apprenticeship

    Percentage of Maintenance Trades - Competent Rate for apprentices who have not completed Year 12

    Percentage of Maintenance Trades - Competent Rate for apprentices who have completed Year 12

     

    %

    %

       

    1st year

    50

    50

       

    2nd year

    60

    60

       

    3rd year

    75

    75

       

    4th year

    88

    88

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

    Year of apprenticeship

    Percentage of Maintenance Trades - Competent Rate for apprentices who have not completed Year 12
    %

    Percentage of Maintenance Trades - Competent Rate for apprentices who have completed Year 12
    %

       

    1st year

    50

    55

       

    2nd year

    60

    65

       

    3rd year

    75

    75

       

    4th year

    88

    88

2. By renumbering clauses 13.5 and 13.6 as 13.6 and 13.7.

3. By inserting a new clause 13.5 as follows:

13.5 Adult apprentices

(a) An adult apprentice is a person who is 21 years of age or over when they commence their apprenticeship.

(b) Adult apprentices who commenced a three year apprenticeship before 1 January 2014 will be entitled to the percentage of the applicable adult weekly wage for their classification as set out in the table below:

Year of apprenticeship

Percentage of adult rate

 

%

  

1st year

80

  

2nd year

90

  

3rd year

95

(c) Adult apprentices who commence a three year apprenticeship on or after 1 January 2014 will be entitled to the percentage of the Maintenance Trades –Competent Rate as set out in the table below,or,in the case of a second or third year apprentice only,the rate for the lowest adult classification in clause 13.1,whichever is the greater.

Year of apprenticeship

Percentage of Maintenance Trades - Competent Rate

 

%

  

1st year

80

  

2nd year

90

  

3rd year

95

(d) Adult apprentices who commence a four year apprenticeship on or after 1 January 2014 and are in the first year of their apprenticeship will be entitled to 80% of the Maintenance Trades –Competent Rate,or the rate prescribed by clause 13.4(c) for the relevant year of the apprenticeship,whichever is the greater.

(e) Adult apprentices who commence a four year apprenticeship on or after 1 January 2014 and are in the second and subsequent years of their apprenticeship are entitled to the rate for the lowest adult classification in clause 13.1-Adult employees,or the rate prescribed by clause 13.4(c) for the relevant year of the apprenticeship,whichever is the greater.

(f) 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 13.1 in which the adult apprentice was engaged immediately prior to entering into the training agreement.

4. By deleting clause D.8 and inserting the following:

D.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.

5. By deleting clause D.9 and inserting the following:

D.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.

6. By deleting clause D.10 and inserting the following:

D.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.

7. 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

 1  [2013] FWCFB 5411.

 2  MA000045.

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About this document
(1)
Code:
PR544172V
Title:
MA000045 - Variation - 22 Nov 2013
Effective:
22 Nov 2013
Updated:
24 Nov 2013
(0)
MA000045 - Variation - 22 Nov 2013
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