MA000113 - Variation - 22 Nov 2013

MA000113  PR544319

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)

WATER INDUSTRY AWARD 2010
[MA000113]

Water,sewerage and drainage 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 Water Industry 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 16 and inserting the following:

16. Apprentice minimum wages

16.1 The terms of this award apply to apprentices,except where otherwise provided. For school-based apprentices,see Schedule C –School Based Apprentices.

16.2 The minimum weekly rates for apprentices who commenced before 1 January 2014 are as follows:

(a) Four year apprenticeships

Year

% of Level 4 rate

  

1st year

45

  

2nd year

60

  

3rd year

75

  

4th year

90

(b) Three year apprenticeships

Year

% of Level 4 rate

  

1st year

45

  

2nd year

70

  

3rd year

90

16.3 The minimum weekly rates for apprentices who commenced a four year apprenticeship on or after 1 January 2014 are as follows:

(a) From 1 January 2014:

Year

% of Level 4 rate for apprentices who have not completed year 12

% of Level 4 rate for apprentices who have completed year 12

   

1st year

50

50

   

2nd year

60

65

   

3rd year

75

75

   

4th year

90

90

(b) From the first pay period commencing on or after 1 January 2015:

Year

% of Level 4 rate for apprentices who have not completed year 12

% of Level 4 rate for apprentices who have completed year 12

   

1st year

50

55

   

2nd year

60

65

   

3rd year

75

75

   

4th year

90

90

16.4 The minimum weekly rates for apprentices who commenced a three year apprenticeship on or after 1 January 2014 are as follows:

(a) From 1 January 2014:

Year

% of Level 4 rate for apprentices who have not completed year 12

% of Level 4 rate for apprentices who have completed year 12

   

1st year

50

50

   

2nd year

70

70

   

3rd year

90

90

(b) From the first pay period commencing on or after 1 January 2015:

Year

% of Level 4 rate for apprentices who have not completed year 12

% of Level 4 rate for apprentices who have completed year 12

   

1st year

50

55

   

2nd year

70

70

   

3rd year

90

90

16.5 An adult apprentice will be paid no less than the minimum weekly rate for Level 2 in clause 14—Minimum wages or the relevant rate prescribed by clauses 16.3 or 16.4 for the relevant year of the apprenticeship,whichever is the greater.

16.6 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 14 in which the adult apprentice was engaged immediately prior to entering into the training agreement.

3. 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 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  [2013] FWCFB 5411.

 2  MA000113.

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About this document
(1)
Code:
PR544319V
Title:
MA000113 - Variation - 22 Nov 2013
Effective:
22 Nov 2013
Updated:
24 Nov 2013
(0)
MA000113 - Variation - 22 Nov 2013
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