MA000025 - Variation - 22 Nov 2013

MA000025  PR544547

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
(AM2012/157)

ELECTRICAL,ELECTRONIC AND COMMUNICATIONS CONTRACTING AWARD 2010
[MA000025]

Electrical contracting industry

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 Electrical,Electronic and Communications Contracting Award 20102 is varied as follows:

1. By inserting the following definitions in clause 3.2 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 12 of this Award

apprentice means a person who has entered into a training contract for an apprenticeship in accordance with clause 12 of this Award

2. By deleting clause 12.6.

3. By renumbering clauses 12.7 to 12.13 as clauses 12.9 to 12.15 respectively.

4. By renumbering clauses 12.4 and 12.5 as clause 12.6 and 12.7 respectively.

5. By inserting a new clause 12.4 as follows:

12.4 Time spent by an apprentice,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 subclause operates subject to the provisions of Schedule E –School-based apprentices.”

6. By inserting a new clause 12.5 as follows:

12.5 Excess travel costs for block release training

(a) 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.

(b) 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,in excess of the travel and expenses allowance payable under clause 17.5. 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.

(c) 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.

7. By inserting a new clause 12.8 as follows:

12.8 Training costs

(a) An apprentice attending technical colleges,schools,registered training organisations or TAFE must be reimbursed by the employer,within 6 months from the commencement of the apprenticeship or the relevant stage of the apprenticeship,or within three months of the registered training organisation commencing the training,whichever is the later,unless there is unsatisfactory progress:

    (i) all fees paid by the apprentice less any amount paid to the apprentice for reimbursement of these fees by a government;and

    (ii) any costs associated with prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) incurred by an employee in connection with training specified in,or associated with,the training contract;

(b) Direct payment of the fees and textbooks,within six months from the commencement of the apprenticeship or the relevant stage of the apprenticeship,by an employer to the training provider satisfies the requirement for reimbursement in clause 12.8(a).

8. By renumbering clauses 16.4(a)(ii) to 16.4(a)(iv) as clauses 16.4(a)(iii) to 16.4(a)(v).

9. By deleting clause 16.4(a)(i) and inserting the following:

    (i) Junior apprentices engaged prior to 1 January 2014 will be paid the percentages of the minimum wage rate for the Electrical worker grade 5 classification in clause 16.2 as set out in the following table:

    Year of apprenticeship

    %

      

    1st year

    40

      

    2nd year

    52

      

    3rd year

    70

      

    4th year

    82

10. By inserting a new clause 16.4(a)(ii) as follows:

    (ii) Junior apprentices engaged on or after 1 January 2014 will be paid the percentages of the minimum wage rate for the Electrical worker grade 5 classification in clause 16.2 as set out in the following tables:

    From 1 January 2014

    Year of apprenticeship

    Apprentices who have not completed Year 12
    %

    Apprentices who have completed Year 12
    %

       

    1st year

    45

    45

       

    2nd year

    57

    57

       

    3rd year

    70

    70

       

    4th year

    82

    82

    From the first pay period to commence on or after 1 January 2015

    Year of apprenticeship

    Apprentices who have not completed Year 12
    %

    Apprentices who have completed Year 12
    %

       

    1st year

    50

    55

       

    2nd year

    60

    65

       

    3rd year

    70

    70

       

    4th year

    82

    82

11. By renumbering clauses 16.4(b) and 16.4(c) as clauses 16.4(c) and 16.4(d) respectively.

12. By inserting a new clause 16.4(b) as follows:

(b) Adult Apprentices minimum wages

    (i) 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 16.2 in which the adult apprentice was engaged immediately prior to commencing their adult apprenticeship.

    (ii) Subject to clause 16.4(b)(i),adult apprentices commencing their apprenticeship prior to 1 January 2014 will be paid the percentages of the minimum wage rate for the Electrical worker grade 5 classification in clause 16.2 as set out in the following table:

    Year of apprenticeship

    %

      

    1st year

    40

      

    2nd year

    52

      

    3rd year

    70

      

    4th year

    82

    (iii) Subject to subparagraph 16.4(b)(i),adult apprentices commencing their apprenticeship on or after 1 January 2014 will be paid as set out in the following table:

    From 1 January 2014

    Year of apprenticeship

     

    1st year

    80% of the minimum wage rate for Electrical Worker Grade 5

      

    2nd year

    EW1

      

    3rd year

    EW1

      

    4th year

    EW1

    (iv) In addition to the minimum wage payments arising from clause 16.4(b),adult apprentices will be paid the full amount of the tool allowance in clause 17.2(b) and the fares allowances in clause 17.5(d),and the percentages shown in clause 16.4(b) of the travel time allowance in clause 17.5(c) and the industry allowance in clause 17.2(a)). Any other special allowances in clauses 17.3 and 17.4 and allowances for travel and expenses in clauses 17.5 and 17.6 will be paid to apprentices on an ‘as incurred’basis at the rate specified,subject to clause 17.1(b).

    (v) 1st,2nd and 3rd year adult apprentices will be paid 80% of the electrician’s licence allowance in clause 17.2(c). 4th year adult apprentices will be paid 90% of the electrician’s licence allowance in clause 17.2(c).

    (vi) The all-purpose rate to be paid to an adult apprentice will be the sum of the minimum wage rate arising from clause 16.4(b),the full amount of the tool allowance in clause 17.2(b) and the percentages shown in clause 16.4(a) of the electrician’s licence allowance in clause 17.2(c) and the industry allowance in clause 17.2(a). The weekly all-purpose rate of pay is payable for all purposes of the award and will be included as appropriate when calculating payments for overtime,all forms of paid leave,annual leave loading,public holidays and pro rata payments on termination.

    (vii) The all-purpose hourly wage rate means the all-purpose weekly wage rate divided by 38.

13. By deleting clause 16.5 and inserting the following:

16.5 Clauses 16.4(c) and 16.4(d) cease to operate on 31 December 2014.

14. By deleting clause E.8 and inserting the following:

E.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.

15. By deleting clause E.9 and inserting the following:

E.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.

16. By deleting clause E.10 and inserting the following:

E.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.

17. 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  MA000025.

Printed by authority of the Commonwealth Government Printer

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About this document
(1)
Code:
PR544547V
Title:
MA000025 - Variation - 22 Nov 2013
Effective:
22 Nov 2013
Updated:
24 Nov 2013
(0)
MA000025 - Variation - 22 Nov 2013
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