MA000029 - Variation - 22 Nov 2013

MA000029  PR544644

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
(AM2012/127)

JOINERY AND BUILDING TRADES AWARD 2010
[MA000029]

Building,metal and civil construction industries

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 Joinery and Building Trades Award 20102 is varied as follows:

1. By deleting clause 13.8 and inserting the following:

13.8 Apprentice conditions of employment

(a) Except as provided in clause 13—Apprentices,or where otherwise stated,all conditions of employment specified in this award apply to apprentices.

(b) Except as provided in 13.8(d) below redundancy provisions do not apply to apprentices.

(c) The notice of termination provisions of the NES shall apply to apprentices.

(d) Where the employment of an apprentice by an employer is continued after the completion of the apprenticeship,the period of the apprenticeship will be counted as service for the purposes of the award and long service leave entitlements and in the event that an apprentice is terminated at the end of their apprenticeship and is re- engaged by the same employer within six months of such termination,the period of the apprenticeship will be counted as service in determining any future termination entitlements.”

2. By deleting clause 13.11 and inserting the following:

13.11 Training

(a) The employer must provide training and/or access to training consistent with the training agreement without loss of pay.

(b) Time spent by an apprentice in attending any training and 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 clause is subject to Schedule C –School-based apprentices. ”

3. By deleting clause 13.12 and inserting the following:

13.12 Training Costs –Fees and textbooks

(a) All fees charged by a Registered Training Organisation (RTO) and the cost of all prescribed textbooks for the apprenticeship,which are paid by an apprentice,shall be reimbursed by the employer within six months of commencement of the apprenticeship or a stage of the apprenticeship,or within 3 months of the commencement of training provided by the RTO,whichever is the later,unless there is unsatisfactory progress.

(b) An employer may meet its obligations under this clause by paying any fees and/or cost of textbooks directly to the RTO.”

4. By inserting clause 13.16 as follows:

13.16 Attendance at 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 alternate Registered Training Organisation (RTO) closer to the apprentice’s usual place of work 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 in transit.

(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.

(d) This clause applies in lieu of the provisions contained in clause 24.5(a) Living away from home for a distant job.”

5. By deleting clause 19.1 and inserting the following:

19.1 Minimum wages

(a) Apprentices who commence a contract of training on or after 1st January 2014

    An apprentice shall be paid a minimum rate of pay calculated on the total of the percentage of the level 5 classification minimum weekly wage in clause 18.1 determined in accordance with the following tables (calculated to the nearest $0.10,less than $0.05 to be disregarded),and the allowances prescribed in clause 24.1 (where applicable):

    (i) Four year apprenticeship

From 1 January 2014

Year of apprenticeship

% of the level 5 minimum weekly wage set out in clause 18.1 (apprentices who have not completed year 12)

% of the level 5 minimum weekly wage set out in clause 18.1 (apprentices who have completed year 12)

   

1st year

50

50

   

2nd year

60

60

   

3rd year

75

75

   

4th year

90

90

From the first pay period commencing on or after 1 January 2015

Year of apprenticeship

% of the level 5 minimum weekly wage set out in clause 18.1 (apprentices who have not completed year 12)

% of the level 5 minimum weekly wage set out in clause 18.1 (apprentices who have completed year 12)

   

1st year

50

55

   

2nd year

60

65

   

3rd year

75

75

   

4th year

90

90

    (ii) Three year apprenticeship

From 1 January 2014

Year of apprenticeship

% of level 5 minimum weekly wage set out in clause 18.1

  

1st year

55

  

2nd year

75

  

3rd year

90

(b) Apprentices who commenced a contract of training prior to 1 January 2014

    An apprentice shall be paid a minimum rate of pay calculated on the total of the percentage of the level 5 classification minimum weekly wage in clause 18.1 determined in accordance with the following table (calculated to the nearest $0.10,less than $0.05 to be disregarded),and the allowances prescribed in clause 24.1 (where applicable):

    Four year apprenticeship

    % of level 5 minimum weekly wage set out in clause 18.1

      

    1st year

    45

      

    2nd year

    55

      

    3rd year

    75

      

    4th year

    90

      

    Three year apprenticeship

    % of level 5 minimum weekly wage set out in clause 18.1

      

    1st year

    50

      

    2nd year

    75

      

    3rd year

    90

6. By deleting clause 20.2 and inserting the following:

20.2 Subject to clause 20.1,the minimum wages for an adult apprentice are to be calculated in accordance with the percentages set out below (calculated to the nearest $0.10,less than $0.05 to be disregarded) applied to the Level 5 classification minimum weekly wage in clause 18.1:

(a) Four year apprenticeship

Year of apprenticeship

% of level 5 minimum weekly wage set out in clause 18.1

  

1st year

81

  

2nd year

85

  

3rd year

88

  

4th year

94

(b) Three year apprenticeship

Year of apprenticeship

% of level 5 minimum weekly wage set out in clause 18.1

  

1st year

83

  

2nd year

88

  

3rd year

94

7. 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 where provided for in this award.

8. 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 where 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.

9. 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 (where 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.

10. 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  MA000029.

Printed by authority of the Commonwealth Government Printer

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About this document
(1)
Code:
PR544644V
Title:
MA000029 - Variation - 22 Nov 2013
Effective:
22 Nov 2013
Updated:
24 Nov 2013
(0)
MA000029 - Variation - 22 Nov 2013
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