PR596349 - Variation - 28 Sep 2017

MA000104  PR596349
FAIR WORK COMMISSION

DETERMINATION



Fair Work Act 2009

s.156 - 4 yearly review of modern awards

4 yearly review of modern awards—Miscellaneous Award 2010
(AM2016/15,AM2016/17)

MISCELLANEOUS AWARD 2010
[MA000104]

Miscellaneous industry

JUSTICE ROSS,PRESIDENT
VICE PRESIDENT HATCHER
COMMISSIONER HUNT

MELBOURNE,28 SEPTEMBER 2017

4 yearly review of modern awards –National Training Wage Schedule –Miscellaneous Award 2010 –plain language re-draft.

A. Further to the decision issued on 15 August 2017 [[2017] FWCFB 4174] and the Statement issued on 28 August 2017 [[2017] FWCFB 4457] the above award is varied as follows:

1. By deleting Schedule E—National Training Wage and inserting the following:

Schedule E—National Training Wage

E.1 Definitions

E.1.1 In this schedule:

adult trainee means a trainee who would qualify for the highest minimum wage in wage level A,B or C if covered by that wage level.

approved training,in relation to a trainee,means the training specified in the training contract of the trainee.

Australian Qualifications Framework (AQF) means the national framework for qualifications in post-compulsory education and training.

relevant Ministers means the Commonwealth,State and Territory Ministers responsible for vocational education and training.

relevant State or Territory training authority means a body in the relevant State or Territory that has power to approve traineeships,and to register training contracts,under the relevant State or Territory vocational education and training legislation.

relevant State or Territory vocational education and training legislation means the following or any successor legislation:

    Apprenticeship and Traineeship Act 2001 (NSW);

    Education and Training Reform Act 2006 (Vic);

    Training and Skills Development Act 2008 (SA);

    Training and Skills Development Act 2016 (NT);

    Training and Tertiary Education Act 2003 (ACT);

    Training and Workforce Development Act 2013 (Tas);

    Vocational Education and Training Act 1996 (WA);

    Further Education and Training Act 2014 (Qld).

trainee means an employee undertaking a traineeship under a training contract.

traineeship means a system of training that:

(a) has been approved by the relevant State or Territory training authority;and

(b) meets the requirements of a training package developed by the relevant Skills Service Organisation and endorsed by the Australian Industry and Skills Committee;and

(c) leads to an AQF certificate level qualification.

training contract means an agreement for a traineeship made between an employer and an employee that is registered by the relevant State or Territory training authority.

training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification that have been endorsed for an industry or enterprise by the Australian Industry and Skills Committee and placed on the National Training Information Service with the approval of the relevant Ministers,and includes any relevant replacement training package.

wage level A,B or C,see clause E.4.

Year 10 includes any year before Year 10.

E.1.2 A reference in this schedule to out of school refers only to periods out of school beyond Year 10 as at 1 January in each year and is taken to:

(a) include any period of schooling beyond Year 10 that was not part of,or did not contribute to,a completed year of schooling;and

(b) include any period during which a trainee repeats,in whole or part,a year of schooling beyond Year 10;and

(c) not include any period during a calendar year after the completion during that year of a year of schooling.

E.2 Coverage

E.2.1 Subject to clauses E.2.2 to E.2.5,this schedule applies to an employee covered by this award who is undertaking a traineeship and whose training package and AQF certificate level are allocated to a wage level by clause E.6 or by clause E.4.4.

E.2.2 This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in clause E.6.

E.2.3 This schedule does not apply to:

(a) the apprenticeship system;or

(b) qualifications not identified in training packages;or

(c) qualifications in training packages that are not identified as appropriate for a traineeship.

E.2.4 If this schedule is inconsistent with other provisions of this award relating to traineeships,the other provisions prevail.

E.2.5 This schedule ceases to apply to an employee at the end of the traineeship.

E.3 Types of traineeship

The following types of traineeship are available:

E.3.1 A full-time traineeship based on 38 ordinary hours per week,with 20% of those hours being approved training;

E.3.2 A part-time traineeship based on fewer than 38 ordinary hours per week,with 20% of those hours being approved training provided:

(a) wholly on the job;or

(b) partly on the job and partly off the job;or

(c) wholly off the job.

E.4 Minimum rates

E.4.1 Minimum weekly rates for full-time traineeships

(a) Wage level A

    The minimum rate for a full-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level A by clause E.6.1 is the weekly rate specified in Column 2 of Table 1—Wage level A minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in Column 1.

    Table 1—Wage level A minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship)

Column 1
Experience level of trainee

Column 2
Highest year of schooling completed

 

Year 10

Year 11

Year 12

 

per week

per week

per week

School leaver

$312.20

$343.80

$409.60

Plus 1 year out of school

$343.80

$409.60

$476.60

Plus 2 years out of school

$409.60

$476.60

$554.70

Plus 3 years out of school

$476.60

$554.70

$635.10

Plus 4 years out of school

$554.70

$635.10

 

Plus 5 or more years out of school

$635.10

  

    NOTE:See clause E.4.3 for other minimum wage provisions that affect this paragraph.

(b) Wage level B

    The minimum rate for a full-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level B by clause E.6.2 or by clause E.4.4 is the weekly rate specified in Column 2 of Table 2—Wage level B minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in Column 1.

    Table 2—Wage level B minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship)

Column 1
Experience level of trainee

Column 2
Highest year of schooling completed

 

Year 10

Year 11

Year 12

 

per week

per week

per week

School leaver

$312.20

$343.80

$398.50

Plus 1 year out of school

$343.80

$398.50

$458.40

Plus 2 years out of school

$398.50

$458.40

$537.60

Plus 3 years out of school

$458.40

$537.60

$613.20

Plus 4 years out of school

$537.60

$613.20

 

Plus 5 or more years out of school

$613.20

  

    NOTE:See clause E.4.3 for other minimum wage provisions that affect this paragraph.

(c) Wage level C

    The minimum rate for a full-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level C by clause E.6.1 is the weekly rate specified in Column 2 of Table 3—Wage level C minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in Column 1.

    Table 3—Wage level C minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship)

Column 1
Experience level of trainee

Column 2
Highest year of schooling completed

 

Year 10

Year 11

Year 12

 

per week

per week

per week

School leaver

$312.20

$343.80

$398.50

Plus 1 year out of school

$343.80

$398.50

$448.60

Plus 2 years out of school

$398.50

$448.60

$501.20

Plus 3 years out of school

$448.60

$501.20

$558.40

Plus 4 years out of school

$501.20

$558.40

 

Plus 5 or more years out of school

$558.40

  

    NOTE:See clause E.4.3 for other minimum wage provisions that affect this paragraph.

(d) AQF Certificate Level IV traineeships

    (i) The minimum rate for a full-time trainee undertaking an AQF Certificate Level IV traineeship is the minimum rate for the relevant full-time AQF Certificate Level III traineeship increased by 3.8%.

    (ii) The minimum rate for a full-time adult trainee undertaking an AQF Certificate Level IV traineeship is the weekly rate specified in Column 2 or 3 of Table 4—Minimum weekly rate for full-time adult trainees (AQF Certificate Level IV traineeship) according to the year of the traineeship specified in those columns and the relevant wage level for the relevant AQF Certificate Level III traineeship specified in Column 1.

    Table 4—Minimum weekly rate for full-time adult trainees (AQF Certificate Level IV traineeship)

Column 1
Wage level

Column 2
First year of traineeship

Column 3
Second and subsequent years of traineeship

 

per week

per week

A

$659.60

$685.10

B

$636.30

$660.80

C

$579.10

$601.00

    NOTE:See clause E.4.3 for other minimum wage provisions that affect this paragraph.

E.4.2 Minimum hourly rates for part-time traineeships

(a) Wage level A

    The minimum hourly rate for a part-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level A by clause E.6.1 is the hourly rate specified in Column 2 of Table 5—Wage level A minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in Column 1.

    Table 5—Wage level A minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship)

Column 1
Experience level of trainee

Column 2
Highest year of schooling completed

 

Year 10

Year 11

Year 12

 

per hour

per hour

per hour

School leaver

$10.27

$11.32

$13.48

Plus 1 year out of school

$11.32

$13.48

$15.69

Plus 2 years out of school

$13.48

$15.69

$18.24

Plus 3 years out of school

$15.69

$18.24

$20.88

Plus 4 years out of school

$18.24

$20.88

 

Plus 5 or more years out of school

$20.88

  

    NOTE:See paragraph (f) for calculating the actual minimum wage. See also clause E.4.3 for other minimum wage provisions that affect this paragraph.

(b) Wage level B

    The minimum hourly rate for a part-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level B by clause E.6.2 or by clause E.4.4 is the hourly rate specified in Column 2 of Table 6—Wage level B minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in Column 1.

    Table 6—Wage level B minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship)

Column 1
Experience level of trainee

Column 2
Highest year of schooling completed

 

Year 10

Year 11

Year 12

 

per hour

per hour

per hour

School leaver

$10.27

$11.32

$13.12

Plus 1 year out of school

$11.32

$13.12

$15.08

Plus 2 years out of school

$13.12

$15.08

$17.70

Plus 3 years out of school

$15.08

$17.70

$20.18

Plus 4 years out of school

$17.70

$20.18

 

Plus 5 or more years out of school

$20.18

  

    NOTE:See paragraph (f) for calculating the actual minimum wage. See also clause E.4.3 for other minimum wage provisions that affect this paragraph.

(c) Wage level C

    The minimum hourly rate for a part-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level C by clause E.6.3 is the hourly rate specified in Column 2 of Table 7—Wage level C minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in Column 1.

    Table 7—Wage level C minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship)

Column 1
Experience level of trainee

Column 2
Highest year of schooling completed

 

Year 10

Year 11

Year 12

 

per hour

per hour

per hour

School leaver

$10.27

$11.32

$13.12

Plus 1 year out of school

$11.32

$13.12

$14.75

Plus 2 years out of school

$13.12

$14.75

$16.48

Plus 3 years out of school

$14.75

$16.48

$18.37

Plus 4 years out of school

$16.48

$18.37

 

Plus 5 or more years out of school

$18.37

  

    NOTE:See paragraph (f) for calculating the actual minimum wage. See also clause E.4.3 for other minimum wage provisions that affect this paragraph.

(d) School-based traineeships

    The minimum hourly rate for a part-time trainee who works ordinary hours and is undertaking a school-based AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage levels A,B or C by clause E.6 or by clause E.4.4 is the hourly rate in Column 1 or 2 of Table 8—Minimum hourly rate for part-time trainees (school-based AQF Certificate Level I–III traineeship) according to the year of schooling of the trainee.

    Table 8—Minimum hourly rate for part-time trainees (school-based AQF Certificate Level I–III traineeship)

Column 1
Year 11 or lower

Column 2
Year 12

per hour

per hour

$10.27

$11.32

    NOTE:See paragraph (f) for calculating the actual minimum wage. See also clause E.4.3 for other minimum wage provisions that affect this paragraph.

(e) AQF Certificate Level IV traineeships

    (i) The minimum hourly rate for a part-time trainee undertaking an AQF Certificate Level IV traineeship is the minimum hourly rate for the relevant part-time AQF Certificate Level III traineeship increased by 3.8%.

    (ii) The minimum hourly rate for a part-time adult trainee undertaking an AQF Certificate Level IV traineeship is the hourly rate in Column 2 or 3 of Table 9—Minimum hourly rate for part-time adult trainees (AQF Certificate Level IV traineeship),according to the year of the traineeship specified in those columns and the relevant wage level for the relevant AQF Certificate Level III traineeship specified in Column 1.

    Table 9—Minimum hourly rate for part-time adult trainees (AQF Certificate Level IV traineeship)

Column 1
Wage level

Column 2
First year of traineeship

Column 3
Second and subsequent years of traineeship

 

per hour

per hour

A

$21.69

$22.54

B

$20.91

$21.72

C

$19.05

$19.78

    NOTE:See paragraph (f) for calculating the actual minimum wage. See also clause E.4.3 for other minimum wage provisions that affect this paragraph.

(f) Calculating the actual minimum wage

    (i) If fewer than 38 (or an average of 38) ordinary hours of work per week is considered full-time at the workplace by the employer,the appropriate minimum hourly rate for a part-time trainee is obtained by multiplying the relevant minimum hourly rate in clauses E.4.2(a) to (e) by 38 and then dividing the figure obtained by the full-time ordinary hours of work per week.

    (ii) If the approved training for a part-time traineeship is provided wholly off-the-job by a registered training organisation,for example at school or at TAFE,the relevant minimum hourly rate in clauses E.4.2(a) to (e) applies to each ordinary hour worked by the trainee.

    (iii) If the approved training for a part-time traineeship is undertaken solely on-the-job or partly on-the-job and partly off-the-job,the relevant minimum hourly rate in clauses E.4.2(a) to (e) minus 20% applies to each ordinary hour worked by the trainee.

E.4.3 Other minimum wage provisions

(a) Clause E.4.3 applies despite anything to the contrary in clause E.4.4 or E.3.2.

(b) An employee who was employed by an employer immediately before becoming a trainee with that employer must not suffer a reduction in their minimum rate of pay because of becoming a trainee.

(c) For the purpose of determining whether a trainee has suffered a reduction as mentioned in paragraph (b),casual loadings are to be disregarded.

(d) If a qualification is converted from an AQF Certificate Level II to an AQF Certificate Level III traineeship,or from an AQF Certificate Level III to an AQF Certificate Level IV traineeship,then the trainee must be paid the next highest minimum wage provided in this schedule,if a higher minimum wage is provided for the new AQF certificate level.

E.4.4 Default wage rate

The minimum wage for a trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate level are not allocated to a wage level by clause E.6 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I–III traineeship whose training package and AQF certificate level are allocated to wage level B.

E.5 Employment conditions

E.5.1 A trainee undertaking a school-based traineeship may agree to be paid an additional loading of 25% on all ordinary hours worked instead of being paid annual leave,paid personal/carer’s leave,paid compassionate leave and paid absence on public holidays. However,if the trainee works on a public holiday,the public holiday provisions of this award apply.

E.5.2 A trainee is entitled to be released from work without loss of pay and without loss of continuity of employment to attend any training and assessment specified in,or associated with,the training contract.

E.5.3 Time spent by a trainee,other than a trainee undertaking a school-based traineeship,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 trainee’s wages and determining the trainee’s employment conditions.

E.5.4 The time to be included for the purpose of calculating the wages for part-time trainees whose approved training is wholly off-the-job is determined by clauses E.4.2(f)(ii) and (iii) and not by clause E.5.3.

E.5.5 Subject to clause E.2.4,this award applies to a trainee in the same way that it applies to an employee who is not a trainee except as otherwise expressly provided by this schedule.

E.6 Allocation of traineeships to wage levels

The wage levels applying to training packages and their AQF certificate levels are:

E.6.1 Wage level A

Training package

AQF certificate level

Aeroskills

II

Aviation

I,II,III

Beauty

III

Business Services

I,II,III

Chemical,Hydrocarbons and Refining

I,II,III

Civil Construction

III

Coal Training Package

II,III

Community Services

II,III

Construction,Plumbing and Services Integrated Framework

I,II,III

Correctional Services

II,III

Drilling

II,III

Electricity Supply Industry—Generation Sector

II,III
(III in Western Australia only)

Electricity Supply Industry—Transmission,Distribution and Rail Sector

II

Electrotechnology

I,II,III
(III in Western Australia only)

Financial Services

I,II,III

Floristry

III

Food Processing Industry

III

Gas Industry

III

Information and Communications Technology

I,II,III

Laboratory Operations

II,III

Local Government (other than Operational Works Cert I and II)

I,II,III

Manufactured Mineral Products

III

Manufacturing

I,II,III

Maritime

I,II,III

Metal and Engineering (Technical)

II,III

Metalliferous Mining

II,III

Museum,Library and Library/Information Services

II,III

Plastics,Rubber and Cablemaking

III

Public Safety

III

Public Sector

II,III

Pulp and Paper Manufacturing Industries

III

Retail Services (including wholesale and Community pharmacy)

III

Telecommunications

II,III

Textiles,Clothing and Footwear

III

Tourism,Hospitality and Events

I,II,III

Training and Assessment

III

Transport and Logistics

III

Water Industry (Utilities)

III

 

E.6.2 Wage level B

 

Training package

AQF certificate level

Animal Care and Management

I,II,III

Asset Maintenance

I,II,III

Australian Meat Industry

I,II,III

Automotive Industry Manufacturing

II,III

Automotive Industry Retail,Service and Repair

I,II,III

Beauty

II

Caravan Industry

II,III

Civil Construction

I

Community Recreation Industry

III

Entertainment

I,II,III

Extractive Industries

II,III

Fitness Industry

III

Floristry

II

Food Processing Industry

I,II

Forest and Forest Products Industry

I,II,III

Furnishing

I,II,III

Gas Industry

I,II

Golf Clubs and Facilities

II,III

Health

II,III

Local Government (Operational Works)

I,II

Manufactured Mineral Products

I,II

Metal and Engineering (Production)

II,III

Outdoor Recreation Industry

I,II,III

Plastics,Rubber and Cablemaking

II

Printing and Graphic Arts

II,III

Property Services

I,II,III

Public Safety

I,II

Pulp and Paper Manufacturing Industries

I,II

Retail Services

I,II

Screen and Media

I,II,III

Sport Industry

II,III

Sugar Milling

I,II,III

Textiles,Clothing and Footwear

I,II

Transport and Logistics

I,II

Visual Arts,Craft and Design

I,II,III

Water Industry

I,II

E.6.3 Wage level C

 

Training package

AQF certificate level

Agriculture,Horticulture and Conservation and Land Management

I,II,III

Funeral Services

I,II,III

Music

I,II,III

Racing Industry

I,II,III

Rural Production

I,II,III

Seafood Industry

I,II,III

2. By updating the Table of Contents and cross-references accordingly.

B. This determination comes into operation from 15 August 2017. In accordance with s. 165(3) of the Fair Work Act 2009 this determination does not take effect until the start of the first full pay period that starts on or after 15 August 2017.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

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About this document
(1)
Code:
PR596349
Title:
PR596349 - Variation - 28 Sep 2017
Effective:
28 Sep 2017
Updated:
4 Oct 2017
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