MA000073 PR544177 |
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)
FOOD,BEVERAGE AND TOBACCO MANUFACTURING AWARD 2010
[MA000073]
Food,beverages and tobacco manufacturing industry | |
JUSTICE BOULTON,SENIOR DEPUTY PRESIDENT | SYDNEY,22 NOVEMBER 2013 |
Transitional review of modern awards - apprentices,trainees and junior rates - common matters - consequential variations - Food,Beverage and Tobacco Manufacturing Award 2010.
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 Food,Beverage and Tobacco Manufacturing Award 20102 is varied as follows:
1. By deleting the paragraph appearing in clause 21.1 above the table and inserting the following:
21.1 Except as provided for in clause 22—Adult apprentice minimum wages,the minimum wages for an apprentice who commenced before 1 January 2014 are set out in the following table:
2. By deleting clause 21.3 and inserting the following:
21.3 Except as provided for in clause 22—Adult apprentice minimum wages,the minimum wages for an apprentice who commenced on or after 1 January 2014 are set out in the following table.
(a) From 1 January 2014
Stage of apprenticeship | Completed Year 10 | Completed Year 11 | Completed Year 12 | Adult apprentice aged 21+ | ||||||||
% | Min weekly wage $ | Min Hourly wage $ | % | Min weekly wage $ | Min Hourly Rate $ | % | Min weekly wage $ | Min Hourly Rate $ | Classification or % of Level 5 | Min weekly wage $ | Min Hourly Rate $ | |
1 | 47 | 340.52 | 8.96 | 50 | 362.25 | 9.53 | 55 | 398.48 | 10.49 | 80% | 579.60 | 15.25 |
2 | 60 | 434.70 | 11.44 | 60 | 434.70 | 11.44 | 63.9 | 462.96 | 12.18 | Level 1 rate | 622.20 | 16.37 |
3 | 75 | 543.38 | 14.30 | 75 | 543.38 | 14.30 | 75 | 543.38 | 14.30 | Level 2 rate | 640.20 | 16.85 |
4 | 88 | 637.56 | 16.78 | 88 | 637.56 | 16.78 | 88 | 637.56 | 16.78 | Level 3 rate | 664.80 | 17.49 |
(b) From the first pay period commencing on or after 1 January 2015
Stage of apprenticeship | % of Level 5 for apprentices who have not completed year 12 | % of Level 5 for apprentices who have completed year 12 | Adult apprentice (i.e. 21 years of age or over) |
Stage 1 | 50 | 55 | 80% of Level 5 |
Stage 2 | 60 | 65 | Level 1 rate |
Stage 3 | 75 | 75 | Level 2 rate |
Stage 4 | 88 | 88 | Level 3 rate |
3. By inserting clause 21.4 as follows:
21.4 An employee who is under 21 years of age on the expiration of their apprenticeship and thereafter works as a minor in the occupation to which the employee was appointed must be paid not less than the adult minimum wage prescribed for the classification.
3. By deleting clause 22.2 and inserting the following:
22.2 Subject to clause 22.1,the minimum wages for an adult apprentice are set out in clause 21.
4. By deleting clause C.8 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.
5. By deleting clause C.9 and inserting the following:
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.
6. By deleting clause C.10 and inserting the following:
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 Fair Work Commission Print Number MA000073.
Printed by authority of the Commonwealth Government Printer
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