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
BLACK COAL MINING INDUSTRY 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 Black Coal Mining Industry Award 20102 is varied as follows:
1. By deleting the words “training agreement”wherever they appear in clauses 11.5 and 11.6 and inserting the words “training contract”.
2. By deleting clauses 11.7 to 11.9.
3. By renumbering clauses 11.2 to 11.6 as 11.3 to 11.7.
4. By inserting a new clause 11.2 as follows:
11.2 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.
5. By inserting a new clause 11.8 as follows:
11.8 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.
6. By inserting a new clause 11.9 as follows:
11.9 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.
7. By inserting a new clause 11.10 as follows:
11.10 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.
8. By deleting the words “The weekly minimum wage rates for apprentices are as follows”appearing in clause A.6.7 and inserting the words “The weekly minimum wage rates for apprentices (including adult apprentices) that commenced a training contract prior to 1 January 2014 are as follows”.
9. By inserting a new clause A.6.8 as follows:
A.6.8 Apprentice minimum wage arrangements for apprentices that commenced on or after 1 January 2014
(a) Minimum wage rates for apprentices and adult apprentices commencing a training contract on or after 1 January 2014 are set out below as a percentage of the wage prescribed for Mineworker - Induction Level 2 of this award.
(b) For first year apprentices (other than adult apprentices),who commenced on or after 1 January 2014,the increased rate will be phased in. From 1 January 2014 it will be 50% of the Mineworker - Induction Level 2 rate,from the first pay period on or after 1 January 2015 this will increase to 55% of the level 5 rate.
(i) Apprentices other than adult apprentices
Has not completed year 12
Has completed year 12
From 1 January 2014:50%
From first pay period commencing on or after 1 January 2015:55%
(ii) Adult apprentices
Rate of pay
Mineworker - Induction Level 1 rate
Mineworker - Induction Level 1 rate
(c) A person employed by an employer under this award immediately prior to entering into a training contract as an adult apprentice with that employer must not suffer a reduction in their minimum wage by virtue of entering into the training contract. For the purpose only of fixing a minimum wage,the adult apprentice must continue to receive the minimum wage that applies to the classification in which the adult apprentice was engaged immediately prior to entering into the training contract.
(d) Clause A.6.8(c) only applies where the employee,immediately prior to entering into a training contract as an adult apprentice has been an employee in the enterprise for a minimum of 6 months full-time employment or twelve months part-time or regular and systematic casual employment.
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  FWCFB 5411.
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