MA000025 - Variation - 11 Dec 2013

MA000025  PR545301

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,11 DECEMBER 2013

Transitional review of modern awards - apprentices,trainees and juniors - common matters - consequential variations - correction.

A. The determination issued by the Fair Work Commission on 22 November 2013 [MA000025  PR544547] is corrected as follows:

1. By deleting the words “Junior apprentices engaged prior to 1 January 2014”in Item A.9 and inserting the words “Apprentices,other than adult apprentices,commencing their apprenticeship prior to 1 January 2014”.

2. By deleting the words “Junior apprentices engaged on or after 1 January 2014”in Item A.10 and inserting the words “Apprentices,other than adult apprentices,commencing their apprenticeship on or after 1 January 2014”.

3. By deleting item A.12 and inserting the following:

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

(b) Adult apprentice 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) In addition to the minimum wage payments arising from clause 16.4(b)(ii),adult apprentices commencing their apprenticeship prior to 1 January 2014 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)(ii) of the travel time allowance in clause 17.5(c),the electrician’s licence allowance in clause 17.2(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).

    (iv) The all-purpose rate to be paid to an adult apprentice commencing their apprenticeship prior to 1 January 2014 will be the sum of the minimum wage rate arising from clause 16.4(b)(ii),the full amount of the tool allowance in clause 17.2(b) and the percentages shown in clause 16.4(b)(ii) 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.

    (v) Subject to clause 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

    (vi) In addition to the minimum wage payments arising from clause 16.4(b)(v),adult apprentices commencing their apprenticeship on or after 1 January 2014 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 following percentages of the travel time allowance in clause 17.5(c),the electrician’s licence allowance in clause 17.2(c) and the industry allowance in clause 17.2(a):namely,80% in the first year and 87% for each subsequent year. 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).

    (vii) The all-purpose rate to be paid to an adult apprentice commencing their apprenticeship on or after 1 January 2014 will be the sum of the minimum wage rate arising from clause 16.4(b)(v),the full amount of the tool allowance in clause 17.2(b) and the percentages set out in clause 16.4(b)(vi) 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.

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

B. This determination comes into operation on the first full pay period commencing on or after 1 January 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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About this document
(1)
Code:
PR545301V
Title:
MA000025 - Variation - 11 Dec 2013
Effective:
11 Dec 2013
Updated:
12 Dec 2013
(0)
MA000025 - Variation - 11 Dec 2013
Related Information
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