FAIR WORK COMMISSION
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 6,Sch. 5—Modern awards review
Modern Awards Review 2012—Apprentices,Trainees and Juniors
NURSERY AWARD 2010
JUSTICE BOULTON,SENIOR DEPUTY PRESIDENT
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 Nursery 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 15.3 and inserting the following:
15.3 The following employees are not entitled to the minimum wages set out in the table in clause 15.1:
(a) an employee receiving a supported wage (refer to Schedule D);or
(b) an employee covered by clauses 16 - Apprentices (unless they are an adult apprentice who commences on or after 1 January 2014),17 –Junior wages or 18 –National Training Wage.
3. By deleting clause 16.1 and inserting the following:
16.1 Apprentice minimum wages
(a) Other than as provided in clause 16.2,any apprentice who commenced before 1 January 2014 must be paid the following percentage of the Grade 4 rate of pay:
Year of apprenticeship
(b) Other than as provided in clause 16.2,any apprentice who commenced on or after 1 January 2014 must be paid the following percentage of the Grade 4 rate of pay:
Year of apprenticeship
% for apprentices who have not completed year 12
% of adult rate for apprentices who have completed year 12
4. By inserting a new clause 16.4 as follows:
16.4 Adult apprentices
(a) Any adult apprentice who commenced on or after 1 January 2014 and is in the first year of their apprenticeship must be paid 80% of the Grade 4 rate,or the rate prescribed by clause 16.1(b) for the relevant year of the apprenticeship,whichever is the greater.
(b) Any adult apprentice who commenced on or after 1 January 2014 and is in the second and subsequent years of their apprenticeship must be paid the rate for the lowest adult classification in clause 15—Minimum wages,or the rate prescribed by clause 16.1(b) for the relevant year of the apprenticeship,whichever is the greater.
(c) 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 15 in which the adult apprentice was engaged immediately prior to entering into the training agreement.
5. By inserting a new Schedule F as follows:
Schedule F—School-based Apprentices
F.1 This schedule applies to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.
F.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement or contract of training for an apprentice declared or recognised by the relevant State or Territory authority.
F.3 The relevant minimum wages for full-time junior and adult apprentices provided for in this award,calculated hourly,will apply to school-based apprentices for total hours worked including time deemed to be spent in off-the-job training.
F.4 For the purposes of clause 3,where an apprentice is a full-time school student,the time spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.
F.5 A school-based apprentice must be allowed,over the duration of the apprenticeship,the same amount of time to attend off-the-job training as an equivalent full-time apprentice.
F.6 For the purposes of this schedule,off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.
F.7 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed six years.
F.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.
F.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 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.
F.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.
F.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.
6. By updating the table of contents and 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  FWCFB 5411.
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