MA000041 - Variation - 22 Nov 2013

MA000041  PR544555

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
(AM2012/155)

TELECOMMUNICATIONS SERVICES AWARD 2010
[MA000041]

Telecommunications services

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 Telecommunications Services Award 20102 is varied as follows:

1. By inserting the following definition in 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 for an apprenticeship in accordance with clause 14.5 of this award

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

apprentice means a person who has entered into a training contract for an apprenticeship in accordance with clause 14.5 of this award

3. By deleting the words “Notice of termination and redundancy provisions”appearing in clause 14.5(h) and inserting the words “Redundancy provisions”.

4. By deleting the table of apprentice wages appearing in clause 14.5(l) and inserting the following:

    (i) Apprenticeship commenced before 1 January 2014:

    Year of apprenticeship

    Junior apprentice
    % of standard rate

    Adult apprentice
    % of standard rate

       

    1st year

    42

    42

       

    2nd year

    55

    55

       

    3rd year

    75

    75

       

    4th year

    88

    88

    (ii) Apprenticeship commenced on or after 1 January 2014,from 1 January 2014:

    Year of apprenticeship

    Junior apprentice
    % of standard rate

    Junior apprentice
    % of standard rate

    Adult apprentice
    % of standard rate

     

    Not completed year 12

    Completed year 12

     
        

    1st year

    47

    47

    80

        

    2nd year

    60

    60

    The higher of the national minimum wage or the rate for Pay Level 1

        

    3rd year

    75

    75

    The highest of 75%,the national minimum wage or the rate for Pay Level 1

        

    4th year

    88

    88

    The highest of 88%,the national minimum wage or the rate for Pay Level 1

    (iii) Apprenticeship commenced on or after 1 January 2014,from first pay period to commence on or after 1 January 2015:

    Year of apprenticeship

    Junior apprentice
    % of standard rate

    Junior apprentice
    % of standard rate

    Adult apprentice
    % of standard rate

     

    Not completed year 12

    Completed year 12

     
        

    1st year

    50

    55

    80

        

    2nd year

    60

    65

    The higher of the national minimum wage or the rate for Pay Level 1

        

    3rd year

    75

    75

    The highest of 75%,the national minimum wage or the rate for Pay Level 1

        

    4th year

    88

    88

    The highest of 88%,the national minimum wage or the rate for Pay Level 1

5. By inserting the new clauses 14.5(m),14.5(n) and 14.5(o) as follows:

(m) Notwithstanding clause 14.5(l) above,where a person has been employed by an employer under this award immediately prior to commencing their adult apprenticeship with that employer,for at least six months as a full time employee,or 12 months as a part-time or regular and systematic casual employee,that person must not suffer a reduction in their minimum wage by virtue of commencing their adult 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 in which the adult apprentice was engaged immediately prior to commencing their adult apprenticeship.

(n) Time spent by an apprentice,other than an apprentice undertaking a school-based apprenticeship,in attending any training and/or 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 paragraph is subject to the provisions of Schedule C—School-based apprentices.

(o) Excess travel costs 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 alternative 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 include 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.

6. 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.

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  MA000041.

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About this document
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Code:
PR544555V
Title:
MA000041 - Variation - 22 Nov 2013
Effective:
22 Nov 2013
Updated:
24 Nov 2013
(0)
MA000041 - Variation - 22 Nov 2013
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