|FAIR WORK COMMISSION|
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 year review of modern awards—Apprentice conditions
EDUCATIONAL SERVICES (SCHOOLS) GENERAL STAFF AWARD 2010
(ODN AM2008/33) [MA000076]
JUSTICE BOULTON,SENIOR DEPUTY PRESIDENT
SENIOR DEPUTY PRESIDENT HARRISON
SYDNEY,23 DECEMBER 2014
Variation to Modern Award - insertion of apprentice conditions.
A. Further to the decision 1 of 17 December 2014 and pursuant to section 156(2)(b)(i) of the Fair Work Act 2009,the Educational Services (Schools) General Staff Award 2010 is varied as follows:
1. By deleting subclause E.1.6 of Schedule E - Apprentices and inserting the following:
E.1.6 An apprentice who attends a Registered Training Organisation (RTO) must be reimbursed by their employer for all training fees and the costs of all prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) paid by the apprentice in respect of any course prescribed,at the end of each term,unless there is unsatisfactory progress. An employer may meet its obligation by paying any fees and/or cost of textbooks directly to the RTO.
2. By deleting subclause E.1.16 of Schedule E - Apprentices and inserting the following:
E.1.16 Apprentices are entitled to the NES,as supplemented by this award,except with respect to redundancy pay.
3. By inserting after subclause E.1.18 of Schedule E - Apprentices the following:
E.1.19 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 alternative Registered Training Organisation (RTO) and the use of the more distant RTO is not agreed between the employer and the apprentice.
E.1.20 For the purposes of E.1.19,excess reasonable travel costs include the total costs 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 subclause,excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.
E.1.21 The amount payable by an employer under E.1.19 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.
E.1.22 Time spent by an apprentice 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 subclause operates subject to the provisions of clause E.2 –School-based Apprentices of Schedule E.
B. This determination comes into operation on 1 January 2015.
SENIOR DEPUTY PRESIDENT
1  FWCFB 9156
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