MA000090 - Variation - 22 Nov 2013

MA000090  PR544321

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)

WINE INDUSTRY AWARD 2010
[MA000090]

Wine industry

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

SYDNEY,22 NOVEMBER 2013

Transitional review of modern awards - apprentices,trainees and juniors - 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 Wine 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 16.4 and inserting the following:

16.4 The following adult employees are not entitled to the minimum wages set out in the table in clause 16.1:

(a) an adult apprentice (see clause 17—Apprentice minimum wages);or

(b) a trainee (see Schedule D—National Training Wage);or

(c) an employee receiving a supported wage (see Schedule E—Supported Wage System).

(d) Clause 16.4(a) does not apply to adult apprentices who commenced on or after 1 January 2014 and are in the second and subsequent years of their apprenticeship.

3. By deleting clause 17 and inserting the following:

17. Apprentice minimum wages

17.1 Except as provided for in clause 18-School-based apprentice minimum wages,the minimum wages for an apprentice cooper,who commenced before 1 January 2014,are to be calculated in accordance with the percentages set out below applied to the Grade 4 classification minimum weekly wage in clause 16.1:

    Stage of apprenticeship

    Per week

     

    %

      

    First year

    42

      

    Second year

    55

      

    Third year

    75

      

    Fourth year

    88

17.2 Except as provided for in clause 18—School-based apprentice minimum wages,the minimum wages for an apprentice cooper,who commenced on or after 1 January 2014,are to be calculated in accordance with the percentages set out below applied to the Grade 4 classification minimum weekly wage in clause 16.1:

(a) From 1 January 2014:

Stage of apprenticeship

% for apprentices who have not completed year 12

Per week

% for apprentices who have completed year 12

Per week

   

First year

47

47

   

Second year

60

60

   

Third year

75

75

   

Fourth year

88

88

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

Stage of apprenticeship

% for apprentices who have not completed year 12

Per week

% for apprentices who have completed year 12

Per week

   

First year

50

55

   

Second year

60

65

   

Third year

75

75

   

Fourth year

88

88

17.3 The minimum wage of an adult apprentice who commenced on or after 1 January 2014 and is in the first year of their apprenticeship must be 80% of the Grade 4 rate,or the rate prescribed by clause 17.2 for the relevant year of the apprenticeship,whichever is the greater.

17.4 The minimum wage of an adult apprentice who commenced on or after 1 January 2014 and is in the second and subsequent years of their apprenticeship must be the rate for the lowest adult classification clause 16—Classifications and adult minimum wages,or the rate prescribed by clause 17.2 for the relevant year of the apprenticeship,whichever is the greater.

17.5 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 16.1 in which the adult apprentice was engaged immediately prior to entering into the training agreement.

4. By deleting clauses C.8,C.9 and C.10 and inserting the following:

C.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.

C.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.

C.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.

5. 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  MA000090.

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About this document
(1)
Code:
PR544321V
Title:
MA000090 - Variation - 22 Nov 2013
Effective:
22 Nov 2013
Updated:
24 Nov 2013
(0)
MA000090 - Variation - 22 Nov 2013
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