MA000029 - Variation - 12 Dec 2013

MA000029  PR545520

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,12 DECEMBER 2013

Transitional review of modern awards - apprentices,trainees and junior rates - common matters - competency based wage progression.

A. Further to the decision of 12 December 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 13.5 and inserting the following:

13.5 Notwithstanding the nominal period,the apprenticeship is completed in a shorter period when:

(a) the qualification specified in the contract of training is successfully completed;and

(b) the apprentice has the necessary practical experience to achieve competency in the skills covered by the contract of training,provided that the determination as to whether this condition has been met must be by agreement between the registered training organisation,the employer and the apprentice and where there is a disagreement concerning this matter the matter may be referred to the relevant State/Territory apprenticeship authority for determination;and

(c) the requirements of the relevant State/Territory apprenticeship authority and any requirements of the Construction and Property Services Industry Skills Council with respect to demonstration of competency and any minimum necessary work experience requirements are met;and

(d) with respect to trades where there are additional licensing or regulatory requirements under State legislation,when these requirements are met

2. By inserting clause 13.17 as follows:

13.17 Competency based progression

(a) For the purpose of competency based wage progression in clauses 19 and 20 an apprentice will be paid at the relevant wage rate for the next stage of their apprenticeship if:

    (i) competency has been achieved in the relevant proportion of the total units of competency specified in clause 19.1 or 20.2 for that stage of the apprenticeship. The units of competency which are included in the relevant proportion must be consistent with any requirements in the training plan;and

    (ii) any requirements of the relevant State/Territory apprenticeship authority and any additional requirements of the relevant training package with respect to the demonstration of competency and any minimum necessary work experience requirements are met;and

    (iii) either:

      (A) the Registered Training Organisation (RTO),the employer and the apprentice agree that the abovementioned requirements have been met;or

      (B) the employer has been provided with written advice that the RTO has assessed that the apprentice meets the abovementioned requirements in respect to all the relevant units of competency and the employer has not advised the RTO and the apprentice of any disagreement with that assessment within 21 days of receipt of the advice.

(b) If the employer disagrees with the assessment of the RTO referred to in clause 13.17(a)(iii)(B) above,and the dispute cannot be resolved by agreement between the RTO,the employer and the apprentice,the matter may be referred to the relevant State/Territory apprenticeship authority for determination. If the matter is not capable of being dealt with by such authority it may be dealt with in accordance with the dispute resolution clause in this award. For the avoidance of doubt,disputes concerning other apprenticeship progression provisions of this award may be dealt with in accordance with the dispute resolution clause.

(c) For the purposes of this clause,the training package containing the qualification specified in the contract of training for the apprenticeship,sets out the assessment requirements for the attainment of the units of competency that make up the qualification. The definition of “competency”utilised for the purpose of the training packages and for the purpose of this clause is the consistent application of knowledge and skill to the standard of performance required in the workplace. It embodies the ability to transfer and apply skills and knowledge to new situations and environments.

(d) The apprentice will be paid the wage rate referred to in clause 13.17(a) from the first full pay period to commence on or after the date on which an agreement or determination is reached in accordance with clause 13.17(a)(iii) or on a date as determined under the dispute resolution process in clause 13.17(b).

3. By deleting clause 19.1 and inserting the following:

19.1 Minimum wages

(a) Apprentices who commence a contract of training on or after 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 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 (nominal term)

      (A) From 1 January 2014:

      Stage of apprenticeship

      Minimum training requirements on entry

      % 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)

          

      Stage 1

      On commencement and prior to the attainment of the minimum training requirements specified for Stage 2

      50

      50

          

      Stage 2

        ●On attainment of 25% of the total competencies specified in the training plan for the relevant AQF Certificate III qualifications;or

        ●12 months after commencing the apprenticeship

      whichever is the earlier.

      60

      60

          

      Stage 3

        ●On attainment of 50% of the total competencies specified in the training plan for the relevant AQF Certificate III qualifications;or

        ●12 months after commencing Stage 2

      whichever is the earlier.

      75

      75

          

      Stage 4

        ●On attainment of 75% of the total competencies specified in the training plan for the relevant AQF Certificate III qualifications;or

        ●12 months after commencing Stage 3

      whichever is the earlier.

      90

      90

      (B) From the first pay period commencing on or after 1 January 2015:

      Stage of apprenticeship

      Minimum training requirements on entry

      % 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)

          

      Stage 1

      On commencement and prior to the attainment of the minimum training requirements specified for Stage 2

      50

      55

          

      Stage 2

        ●On attainment of 25% of the total competencies specified in the training plan for the relevant AQF Certificate III qualifications;or

        ●12 months after commencing the apprenticeship

      whichever is the earlier.

      60

      65

          

      Stage 3

        ●On attainment of 50% of the total competencies specified in the training plan for the relevant AQF Certificate III qualifications;or

        ●12 months after commencing Stage 2

      whichever is the earlier.

      75

      75

          

      Stage 4

        ●On attainment of 75% of the total competencies specified in the training plan for the relevant AQF Certificate III qualifications;or

        ●12 months after commencing Stage 3

      whichever is the earlier.

      90

      90

    (ii) Three year apprenticeship (nominal term)

      From 1 January 2014:

      Stage of apprenticeship

      Minimum training requirements on entry

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

         

      Stage 1

      On commencement and prior to the attainment of the minimum training requirements specified for Stage 2

      55

         

      Stage 2

        ●On attainment of 50% of the total competencies specified in the training plan for the relevant AQF Certificate III qualifications;or

        ●12 months after commencing the apprenticeship

      whichever is the earlier.

      75

         

      Stage 3

        ●On attainment of 75% of the total competencies specified in the training plan for the relevant AQF Certificate III qualifications;or

        ●12 months after commencing Stage 2

      whichever is the earlier.

      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

4. 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 (nominal term)

Stage of apprenticeship

Minimum training requirements on entry

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

   

Stage 1

On commencement and prior to the attainment of the minimum training requirements specified for Stage 2

81

   

Stage 2

    ●On attainment of 25% of the total competencies specified in the training plan for the relevant AQF Certificate III qualifications;or

    ●12 months after commencing the apprenticeship

whichever is the earlier.

85

   

Stage 3

    ●On attainment of 50% of the total competencies specified in the training plan for the relevant AQF Certificate III qualifications;or

    ●12 months after commencing Stage 2

whichever is the earlier.

88

   

Stage 4

    ●On attainment of 75% of the total competencies specified in the training plan for the relevant AQF Certificate III qualifications;or

    ●12 months after commencing Stage 3

whichever is the earlier.

94

(b) Three year apprenticeship (nominal term)

Stage of apprenticeship

Minimum training requirements on entry

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

   

Stage 1

On commencement and prior to the attainment of the minimum training requirements specified for Stage 2

83

   

Stage 2

    ●On attainment of 50% of the total competencies specified in the training plan for the relevant AQF Certificate III qualifications;or

    ●12 months after commencing the apprenticeship

whichever is the earlier.

88

   

Stage 3

    ●On attainment of 75% of the total competencies specified in the training plan for the relevant AQF Certificate III qualifications;or

    ●12 months after commencing Stage 2

whichever is the earlier.

94

B. To the extent that item A.3 of this determination is inconsistent with item A.5 of the determination issued by the Full Bench on 22 November 2013, 3 this determination prevails.

C. To the extent that item A.4 of this determination is inconsistent with item A.6 of the determination issued by the Full Bench on 22 November 2013, 4 this determination prevails.

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

SENIOR DEPUTY PRESIDENT

 1  [2013] FWCFB 9603.

 2  Fair Work Commission Publication Number MA000029.

 3  Fair Work Commission Print Number PR544644.

 4  Ibid.

Printed by authority of the Commonwealth Government Printer

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About this document
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Code:
PR545520V
Title:
MA000029 - Variation - 12 Dec 2013
Effective:
12 Dec 2013
Updated:
12 Dec 2013
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MA000029 - Variation - 12 Dec 2013
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