MA000088 - Variation - 22 Nov 2013

    MA000088  PR544629

    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
    (AM2012/159)

    ELECTRICAL POWER INDUSTRY AWARD 2010
    [MA000088]

    Electrical power 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 Power Industry Award 20102 is varied as follows:

    1. By inserting the following definitions 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 17.2 of this award

    apprentice means a person who has entered into a training contract for an apprenticeship in accordance with clause 17.2 of this award

    2. By deleting the preamble appearing under the heading in clause 17.2(b).

    3. By renumbering clause 17.2(b)(i) as 17.2(b)(v).

    4. By inserting a new clause 17.2(b)(i) as follows:

    (i) The minimum weekly wage payable to an apprentice shall be the percentage of the standard rate as set out in the following tables:

      Apprenticeship commenced before 1 January 2014

       

      Year of apprenticeship

      Junior apprentice % of standard rate

      Adult apprentice % of standard rate

         

      1st year

      42

      70

         

      2nd year

      55

      80

         

      3rd year

      75

      85

         

      4th year

      85

      90

      Apprenticeship commenced on or after 1 January 2014
      From 1 January 2014

       

      Year of apprenticeship

      Junior apprentice % of standard rate

      Adult apprentice % of standard rate

         
       

      Not completed year 12

      Completed year 12

       
          

      1st year

      47

      47

      75

          

      2nd year

      60

      60

      The highest of 80%,the national minimum wage or the rate for Pay Level 1

          

      3rd year

      75

      75

      The highest of 85%,the national minimum wage or the rate for Pay Level 1

          

      4th year

      85

      85

      The highest of 90%,the national minimum wage or the rate for Pay Level 1

      Apprenticeship commenced on or after 1 January 2014
      From 1 January 2015

       

      Year of apprenticeship

      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 highest of 80%,the national minimum wage or the rate for Pay Level 1

          

      3rd year

      75

      75

      The highest of 85%,the national minimum wage or the rate for Pay Level 1

          

      4th year

      85

      85

      The highest of 90%,the national minimum wage or the rate for Pay Level 1

    5. By deleting the table appearing under clause 17.1(b)(iv).

    6. By inserting clause 17.2(b)(vi) as follows:

    (vi) 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 subparagraph is subject to the provisions of Schedule E—School-based apprentices.

    7. By inserting clause 17.2(b)(vii) as follows:

      (vii) (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 alternate 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,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.

      (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.

    8. By deleting clauses E.8,E.9 and E.10 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.

    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.

    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.

    9. 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  MA000088.

    Printed by authority of the Commonwealth Government Printer

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About this document
(1)
Code:
PR544629V
Title:
MA000088 - Variation - 22 Nov 2013
Effective:
22 Nov 2013
Updated:
24 Nov 2013
(0)
MA000088 - Variation - 22 Nov 2013
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