PR593651 - Decision - 09 Jun 2017

[2017] FWCFB 3176
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.156 - 4 yearly review of modern awards

4 yearly review of modern awards—National Training Wage
(AM2016/17)

JUSTICE ROSS,PRESIDENT
VICE PRESIDENT HATCHER
COMMISSIONER HUNT



MELBOURNE,9 JUNE 2017

National Training Wage Schedule –reference term –next steps.

Background

[1] In a Statement issued on 6 July 2016 (the July Statement) 1 the Commission proposed to standardise the National Training Wage Schedule (NTW Schedule);to remove the NTW Schedule from all modern awards except the Miscellaneous Award 2010,and to incorporate the NTW Schedule into other awards by reference to the Miscellaneous Award 2010. An example of a reference term was included in the July Statement (see [5]5 below). Interested parties were invited to make submissions.

[2] The Australian Industry Group (Ai Group) and the National Farmers’Federation (NFF) did not oppose removal of the NTW Schedule from all awards except the Miscellaneous Award 2010. The Australian Manufacturing Workers Union (AMWU) and Construction,Forestry,Mining and Energy Union –Construction and General Division (CFMEU) proposed that the NTW Schedule identified nine awards which,they submitted,required award-specific NTW Schedules. 2

[3] In a Statement 3 of 23 February 2017 (the February Statement) we expressed the provisional view that where parties requested that the NTW Schedule be tailored to a particular modern award,this would occur. Applications were then made by the AMWU and the CFMEU to maintain award-specific schedules in a number of awards. We confirm that award-specific schedules will be maintained in the following nine modern awards:

  • Airline Operations—Ground Staff Award 2010;
  • Airport Employees Award 2010;
  • Building and Construction General On-site Award 2010;
  • Food,Beverage and Tobacco Manufacturing Award 2010;
  • Joinery and Building Trades Award 2010;
  • Manufacturing and Associated Industries and Occupations Award 2010;
  • Mobile Crane Hiring Award 2010;Sugar Industry Award 2010;
  • Sugar Industry Award 2010;and
  • Surveying Award 2010. 4

[4] This Decision deals with the reference term to be inserted into all modern awards that currently contain a NTW Schedule other than the nine awards subject of applications to retain award-specific NTW Schedules. It also sets out the next steps for finalising the terms of the plain language NTW Schedule for the Miscellaneous Award 2010 and the form of award-specific NTW Schedules to be inserted into the nine awards set out above.

Reference term to be inserted into majority of awards

[5] In the July and February Statements,we provided an example of the manner in which the NTW Schedule would be incorporated through reference to the Miscellaneous Award 2010 as follows:

“X. National training wage

X.1 Schedule E to the Miscellaneous Award 2010 sets out minimum wage rates and conditions for employees undertaking traineeships.

X.2 This award incorporates the terms of Schedule E to the Miscellaneous Award 2010 as at 1 July 2017.”

[6] Comments were invited on the form of the proposed incorporation by reference term. Submissions were received from the Ai Group,the NFF,the CFMEU and the AMWU.

[7] The NFF did not oppose the proposed reference term as outlined in the Statement. 5 The CFMEU did not support the proposal in all awards,6 however,it was not opposed to using standard terms in awards where appropriate.7 The CFMEU noted that a number of provisions in the plain language re-draft refer to “this award”including A.2.1,A.2.4,A.5.1 and A.5.4. The CFMEU submitted that additional provision would need to be inserted that provides as follows (or similar):

“Provided that any reference to “this award”in Schedule X to the Miscellaneous Award is to be read as referring to the (award title) and not the Miscellaneous award”. 8

[8] The AMWU generally supported the comments made by the CFMEU. 9

[9] The Ai Group submitted that:

‘In order to maintain the current application and operation of the NTWS in all relevant awards,attention will need to be given to both the terms of the NTWS in the Miscellaneous Award 2010 and to the terms of the clauses which incorporate the NTWS by reference,to ensure that there are no interaction problems.

For example,it needs to be clear that where a clause in the NTWS in the Miscellaneous Award 2010 refers to provisions in the body of the Miscellaneous Award 2010 (e.g. the coverage provisions referred to in clause A.2.1 of the redraft),that the intent when the NTWS is incorporated by reference into another award,is to refer to the relevant clause in the other award and not the clause in the Miscellaneous Award 2010.’ 10

[10] We agree with and adopt the proposal and make the following amendment to the reference term:

“X. National training wage

X.1 Schedule E to the Miscellaneous Award 2010 sets out minimum wage rates and conditions for employees undertaking traineeships.

X.2 This award incorporates the terms of Schedule E to the Miscellaneous Award 2010 as at 1 July 2017. Provided that any reference to “this award”in Schedule X to the Miscellaneous Award 2010 is to be read as referring to the [award title] and not the Miscellaneous Award 2010.

[11] Draft determinations incorporating the amended reference term above and deleting the NTW Schedule from the awards listed in Attachment A will be published on the Commission’s website for comment by interested parties.

Next steps

[12] Interested parties are invited to make submissions on draft determinations incorporating the proposed reference term. Submissions should be sent to amod@fwc.gov.au by 4.00 pm on Thursday 15 June 2017.

[13] If no submissions are received final determinations will be issued on 19 June 2017.

[14] Finalisation of the terms of the plain language NTW Schedule to be inserted into the Miscellaneous Award 2010 will be dealt with in July 2017. Interested parties will have an opportunity to comment on any proposed plain language amendments to the NTW Schedule.

[15] The terms of award-specific NTW Schedules to be inserted into the nine modern awards set out at [3] above will be dealt with after finalisation of the plain language NTW Schedule in the Miscellaneous Award 2010.

PRESIDENT

Attachment A—Awards containing NTW Schedule

This table lists all modern awards that include a NTW Schedule.

Code

Award title

NTW

Schedule to be deleted

MA000115

Aboriginal Community Controlled Health Services Award 2010

D

MA000018

Aged Care Award 2010

D

MA000048

Airline Operations—Ground Staff Award 2010

award-specific see [3]

MA000049

Airport Employees Award 2010

award-specific see [3]

MA000092

Alpine Resorts Award 2010

D

MA000060

Aluminium Industry Award 2010

D

MA000080

Amusement,Events and Recreation Award 2010

D

MA000118

Animal Care and Veterinary Services Award 2010

D

MA000114

Aquaculture Industry Award 2010

E

MA000054

Asphalt Industry Award 2010

D

MA000019

Banking,Finance and Insurance Award 2010

E

MA000001

Black Coal Mining Industry Award 2010

D

MA000091

Broadcasting and Recorded Entertainment Award 2010

J

MA000020

Building and Construction General On-site Award 2010

award-specific see [3]

MA000021

Business Equipment Award 2010

E

MA000095

Car Parking Award 2010

D

MA000055

Cement and Lime Award 2010

E

MA000070

Cemetery Industry Award 2010

D

MA000120

Children’s Services Award 2010

D

MA000022

Cleaning Services Award 2010

E

MA000002

Clerks—Private Sector Award 2010

D

MA000083

Commercial Sales Award 2010

C

MA000056

Concrete Products Award 2010

C

MA000023

Contract Call Centre Award 2010

C

MA000110

Corrections and Detention (Private Sector) Award 2010

E

MA000024

Cotton Ginning Award 2010

C

MA000085

Dredging Industry Award 2010

A

MA000096

Dry Cleaning and Laundry Industry Award 2010

F

MA000075

Educational Services (Post-Secondary Education) Award 2010

F

MA000076

Educational Services (Schools) General Staff Award 2010

D

MA000088

Electrical Power Industry Award 2010

D

MA000025

Electrical,Electronic and Communications Contracting Award 2010

D

MA000003

Fast Food Industry Award 2010

D

MA000094

Fitness Industry Award 2010

D

MA000073

Food,Beverage and Tobacco Manufacturing Award 2010

award-specific see [3]

MA000105

Funeral Industry Award 2010

D

MA000101

Gardening and Landscaping Services Award 2010

E

MA000061

Gas Industry Award 2010

E

MA000004

General Retail Industry Award 2010

D

MA000026

Graphic Arts,Printing and Publishing Award 2010

E

MA000005

Hair and Beauty Industry Award 2010

D

MA000027

Health Professionals and Support Services Award 2010

E

MA000007

Higher Education Industry—General Staff—Award 2010

E

MA000008

Horse and Greyhound Training Award 2010

C

MA000028

Horticulture Award 2010

D

MA000009

Hospitality Industry (General) Award 2010

F

MA000064

Hydrocarbons Field Geologists Award 2010

C

MA000062

Hydrocarbons Industry (Upstream) Award 2010

E

MA000029

Joinery and Building Trades Award 2010

award-specific see [3]

MA000099

Labour Market Assistance Industry Award 2010

D

MA000116

Legal Services Award 2010

D

MA000081

Live Performance Award 2010

E

MA000112

Local Government Industry Award 2010

E

MA000010

Manufacturing and Associated Industries and Occupations Award 2010

award-specific see [3]

MA000093

Marine Tourism and Charter Vessels Award 2010

D

MA000086

Maritime Offshore Oil and Gas Award 2010

B

MA000059

Meat Industry Award 2010

C

MA000011

Mining Industry Award 2010

D

MA000104

Miscellaneous Award 2010

NTW retained

MA000032

Mobile Crane Hiring Award 2010

award-specific see [3]

MA000033

Nursery Award 2010

C

MA000072

Oil Refining and Manufacturing Award 2010

E

MA000063

Passenger Vehicle Transportation Award 2010

D

MA000035

Pastoral Award 2010

C

MA000097

Pest Control Industry Award 2010

D

MA000069

Pharmaceutical Industry Award 2010

C

MA000012

Pharmacy Industry Award 2010

D

MA000036

Plumbing and Fire Sprinklers Contracting Award 2010

D

MA000051

Port Authorities Award 2010

E

MA000074

Poultry Processing Award 2010

C

MA000057

Premixed Concrete Award 2010

D

MA000109

Professional Diving Industry (Recreational) Award 2010

B

MA000037

Quarrying Award 2010

E

MA000013

Racing Clubs Events Award 2010

D

MA000014

Racing Industry Ground Maintenance Award 2010

D

MA000015

Rail Industry Award 2010

D

MA000106

Real Estate Industry Award 2010

D

MA000058

Registered and Licensed Clubs Award 2010

E

MA000119

Restaurant Industry Award 2010

D

MA000039

Road Transport (Long Distance Operations) Award 2010

B

MA000038

Road Transport and Distribution Award 2010

D

MA000107

Salt Industry Award 2010

D

MA000068

Seafood Processing Award 2010

C

MA000122

Seagoing Industry Award 2010

B

MA000016

Security Services Industry Award 2010

D

MA000040

Silviculture Award 2010

C

MA000100

Social,Community,Home Care and Disability Services Industry Award 2010

G

MA000082

Sporting Organisations Award 2010

D

MA000121

State Government Agencies Administration Award 2010

D

MA000053

Stevedoring Industry Award 2010

E

MA000084

Storage Services and Wholesale Award 2010

C

MA000087

Sugar Industry Award 2010

award-specific see [3]

MA000103

Supported Employment Services Award 2010

C

MA000066

Surveying Award 2010

award-specific see [3] 11

MA000041

Telecommunications Services Award 2010

E

MA000017

Textile,Clothing,Footwear and Associated Industries Award 2010

E

MA000071

Timber Industry Award 2010

G

MA000042

Transport (Cash in Transit) Award 2010

B

MA000102

Travelling Shows Award 2010

C

MA000089

Vehicle Manufacturing,Repair,Services and Retail Award 2010

E

MA000043

Waste Management Award 2010

D

MA000113

Water Industry Award 2010

E

MA000090

Wine Industry Award 2010

D

MA000044

Wool Storage,Sampling and Testing Award 2010

D

 1   Statement,6 July 2017

 2   Airline Operations—Ground Staff Award 2010;Airport Employees Award 2010;Building and Construction General On-site Award 2010;Food,Beverage and Tobacco Manufacturing Award 2010;Joinery and Building Trades Award 2010;Manufacturing and Associated Industries and Occupations Award 2010;Mobile Crane Hiring Award 2010;Sugar Industry Award 2010;and Surveying Award 2010.

 3   Statement,23 February 2017.

 4   Note:The Surveying Award 2010 does not currently contain the NTW Schedule.

 5   Submission,29 July 2016 paragraph 10.

 6   Submission,28 July 2016,paragraph 18.

 7   Ibid at paragraph 5.

 8   Submission,24 March 2013,paragraph 51.

 9   Submission,29 July 2016,paragraph 2.

 10   Submission,24 March 2017,paragraph 5 and 6.

 11   Note:The Surveying Award 2010 does not currently contain the NTW Schedule.

Printed by authority of the Commonwealth Government Printer

<Price code C, PR593651>

About this document
(1)
Code:
PR593651
Title:
PR593651 - Decision - 09 Jun 2017
Effective:
9 Jun 2017
Updated:
12 Jun 2017
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