MA000048 - Variation - 22 Nov 2013

MA000048  PR544771

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
(AM2012/107)

AIRLINE OPERATIONS-GROUND STAFF AWARD 2010
[MA000048]

Airline 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 decisions of 22 August 1 and 22 November 2013,2 and pursuant to Item 6, Schedule 5 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, the Airline Operations - Ground Staff Award 20103 is varied as follows:

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

adult apprentice means a person of 21 years of age or over at the time of entering into a training contract as provide for in clause 11.6 - Apprentices

apprentice - in this award, a reference to an apprentice includes an adult apprentice

2. By inserting a new clause 11.6 as follows:

11.6 Apprentices

(a) In order to undertake trade training in accordance with Clause 11.6 a person must be party to a training contract in accordance with the requirements of the apprenticeship authority or State/territory training legislation.

(b) 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.

(c) Time spent by an apprentice, 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 apprentice’s wages and determining the apprentice’s employment conditions. This clause operates subject to the provisions of Schedule D- School-based Apprentices.

(d) Except as provided in this clause or where otherwise expressly stated, all other terms and conditions of this award apply to an apprentice.

(e) The notice of termination provisions of the NES apply to apprentices. The redundancy provisions of the NES do not apply to apprentices.

(f) Apprentices may be engaged in trades or occupations that are provided for in clause 11.6—Apprentices where declared or recognised by an apprenticeship authority. Subject to appropriate State legislation, an employer will not employ an unapprenticed junior in a trade or occupation provided for in clause 11.6—Apprentices.

(g) For the purposes of clause 11.6, apprenticeship authority means a State or Territory training authority with the responsibility for the apprenticeship.

(h) In any State or Territory in which any statute or regulation relating to apprentices is in force, that statute and regulation will operate in that State provided that the provisions of the statute or regulation are not inconsistent with this award in which case the provisions of this award will apply.

(i) An apprentice may be engaged under a training contract approved by the relevant apprenticeship authority, provided the qualification outcome specified in the training contract is consistent with that established for the vocation in the training package determined from time to time by Manufacturing Skills Australia or its successor and endorsed by the National Skills Quality Council or its successor. Such apprenticeships include but are not limited to the following trades: Aeroskills Engineering Tradesperson (Mechanical), Aeroskills Engineering Tradesperson (Structures) and Aeroskills Engineering Tradesperson (Avionics).

(j) Apprenticeships under this award are competency based. The actual time taken to complete an apprenticeship will therefore vary depending upon factors such as the intensity of training and the variety of work experience.

(k) The nominal period of the apprenticeship is four years; however this period may be varied with the approval of the relevant State or Territory apprenticeship authority, to recognise prior learning including vocational education and training in school, pre-apprenticeship programs and other prior learning, the nominal period may be shortened to reflect the proportion of the competencies already acquired.

(l) Notwithstanding the nominal period, the apprenticeship is completed in a shorter period when:

    (i) the qualification specified in the training contract is successfully completed; and

    (ii) the apprentice has the necessary practical experience to achieve competency in the skills covered by the training contract, provided that the determination as to whether this condition has been met must be by agreement between the registered training organisation, the employer and the apprentice and where there is a disagreement concerning this matter the matter may be referred to the relevant State/Territory apprenticeship authority for determination; and

    (iii) the requirements of the relevant State/Territory apprenticeship authority and any requirements of Manufacturing Skills Australia with respect to demonstration of competency and any minimum necessary work experience requirements are met; and

    (iv) with respect to trades where there are additional licensing or regulatory requirements under State legislation, when these requirements are met.

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

(n) The minimum wages applying to apprenticeships are dealt with in clause 16—Apprentices minimum wages and no apprentice is to work under a system of payment by results.

(o) Payment of fees and textbooks

    (i) Any costs associated with standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) incurred by an employee in connection with training specified in, or associated with, the training contract must be reimbursed to the apprentice within 6 months from the commencement of the apprenticeship or the relevant stage of the apprenticeship or within 3 months of the apprentice commencing training with the Registered Training Organisation (RTO), whichever is the later, unless there is unsatisfactory progress;

    (ii) Direct payment of the fees and textbooks, within 6 months from the commencement of the apprenticeship or the relevant stage of the apprenticeship, by an employer to the training provider satisfies the requirement for reimbursement in Clause 11.6(o)(i) above.

(p) Travel payment for 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. Provided that this clause will not apply where the apprentice could attend an alternate Registered Training Organisation (RTO) and the use of the more distant RTO is not agreed between the employer and the apprentice.

    (ii) For the purposes of this clause excess reasonable travel costs includes the total cost 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. For the purposes of this clause, excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.

    (iii) The amount payable by an employer under this clause 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.

3. By deleting clause 16 and inserting the following:

16. Apprentice minimum weekly wages

16.1 Minimum wages for apprentices commencing or continuing an apprenticeship prior to 1 January 2014

(a) The minimum wage for apprentices who commenced an apprenticeship prior to January 1, 2014 are, except as provided for in Clause 16.4 – Adult Apprentice Minimum Wages, are as set out in the following table.

(b) For apprentices who commenced an AQF IV qualification outcome the percentages are of the ordinary weekly wage rate prescribed in Clause 15.3 for an Aircraft Maintenance Engineer.

(c) For apprentices who commenced an AQF III qualification outcome the percentages are of the ordinary weekly wage rate prescribed in Clause 15.3 for a Tradesperson.

Stage

Percentage of rate

1

42

2

55

3

75

4

88

16.2 Minimum wages for apprentices commencing an apprenticeship on and from 1 January 2014

(a) From 1 January 2014 the minimum wages for an apprentice who commences an AQF IV qualification outcome apprenticeship on or after 1 January 2014 are as set out in the following table (except as otherwise provided for in Clause 16.4 – Adult Apprentice Minimum Wages).

Stage or year of apprenticeship

Has not completed year 12

(%)

Has completed year 12

(%)

Adult apprentice

(% or classification)

1

50% of rate for Tradesperson classification

50% of rate for Tradesperson classification

80% of rate for Tradesperson classification

2

60% of rate for Tradesperson classification

65% of rate for Tradesperson classification

Aircraft Worker 1

3

75% of rate for Aircraft Maintenance Engineer classification

75% of rate for Aircraft Maintenance Engineer classification

Aircraft Worker 2

4

88% of rate for Aircraft Maintenance Engineer classification

88% of rate for Aircraft Maintenance Engineer classification

88% of rate for Aircraft Maintenance Engineer classification

(b) From 1 January 2014 the minimum wage for an apprentice who commences an AQF III qualification outcome apprenticeship on or after 1 January 2014 are as set out in the following table (except as otherwise provided for in Clause 16.4 – Adult Apprentice Minimum Wages). The percentages are of the ordinary weekly wage rate prescribed in Clause 15.3 for a Tradesperson.

Stage or year of apprenticeship

Has or has not completed year 12

%

Adult apprentices

% or classification

1

47%

80%

2

60%

Aircraft Worker 1

3

75%

Aircraft Worker 2

4

88%

Aircraft Worker 3

(c) From the first pay period commencing on or after 1 January 2015 the minimum wage for an apprentice who commences an AQF IV qualification outcome apprenticeship on or after 1 January 2014 are set out in the following table (except as otherwise provided for in Clause 16.4 – Adult Apprentice Minimum Wages):

Stage or year of apprenticeship

Has not completed year 12 (%)

Has completed year 12 (%)

Adult apprentice (% or classification)

1

50% of rate for Tradesperson classification

55% of rate for Tradesperson classification

80% of rate for Tradesperson classification

2

60% of rate for Tradesperson classification

65% of rate for Tradesperson classification

Aircraft Worker 1

3

75% of rate for Aircraft Maintenance Engineer classification

75% of rate for Aircraft Maintenance Engineer classification

Aircraft Worker 2

4

88% of rate for Aircraft Maintenance Engineer classification

88% of rate for Aircraft Maintenance Engineer classification

88% of rate for Aircraft Maintenance Engineer classification

(d) From the first pay period commencing on or after 1 January 2015 the minimum wage for an apprentice who commences an AQF III qualification outcome apprenticeship on or after 1 January 2014 are as set out in the following table (except as otherwise provided for in Clause 16.4 – Adult Apprentice Minimum Wages). The percentages are of the ordinary weekly wage rate prescribed in Clause 15.3 for a Tradesperson.

Stage or year of apprenticeship

Has not completed year 12 (%)

Has completed year 12 (%)

Adult apprentice (% or classification)

1

50

55

80%

2

60

65

Aircraft Worker 1

3

75

75

Aircraft Worker 2

4

88

88

Aircraft Worker 3

4. By inserting a new clause 16.4 as follows:

16.4 Adult apprentice minimum wages for current employees

(a) A person employed by an employer under this award immediately prior to entering into a training contract as an adult apprentice with that employer must not suffer a reduction in their minimum wage by virtue of entering into the training contract. 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 15.3 in which the adult apprentice was engaged immediately prior to entering into the training agreement.

(b) This Clause applies where the employee , immediately prior to entering into a training contract as an adult apprentice has been an employee in the enterprise for a minimum of 6 months full-time employment or twelve months part-time or regular and systematic casual employment.

5. By deleting the word “agreement” wherever it appears in clauses D.2 and D.7 and inserting the word “contract” in its place.

6. By deleting the words “or contract of training” in clause D.2.

7. By deleting the words “or contract” in clause D.7.

8. By deleting clauses D.8 to D.10 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.

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.

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.

9. 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   [2013] FWCFB 9092.

 3   Fair Work Commission Print Number MA000048.

Printed by authority of the Commonwealth Government Printer

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About this document
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Code:
PR544771V
Title:
MA000048 - Variation - 22 Nov 2013
Effective:
22 Nov 2013
Updated:
19 Dec 2013
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MA000048 - Variation - 22 Nov 2013
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