PR724124 - Variation - 31 Oct 2020

MA000032  PR724124
FAIR WORK COMMISSION

DETERMINATION


Fair Work Act 2009

s.285 - Annual wage review

Annual Wage Review 2019–20
(C2020/1)

MOBILE CRANE HIRING AWARD 2010
[MA000032]

Building,metal and civil construction industries

JUSTICE ROSS,PRESIDENT
VICE PRESIDENT CATANZARITI
DEPUTY PRESIDENT ASBURY
COMMISSIONER HAMPTON
MR FERGUSON
PROFESSOR WOODEN
MS LABINE-ROMAIN

MELBOURNE,31 OCTOBER 2020

Annual Wage Review 2019-2020 - correction –Mobile Crane Hiring Award 2010.

A. The determination issued by the Fair Work Commission on 26 June 2020 [PR718849] is corrected as follows:

1. By deleting item A.2 and inserting a new item A.2 as follows:

‘2. By deleting Clause C.4 and inserting the following:

C.4 Minimum rates
C.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 C.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

    338.60

    372.90

    444.20

    Plus 1 year out of school

    372.90

    444.20

    517.00

    Plus 2 years out of school

    444.20

    517.00

    601.60

    Plus 3 years out of school

    517.00

    601.60

    688.80

    Plus 4 years out of school

    601.60

    688.80

     

    Plus 5 or more years out of school

    688.80

      

NOTE:See clause C.4.3 for other minimum wage provisions that affect clause C.4.1(a).

    (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 C.6.2 or by clause C.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

    338.60

    372.90

    432.20

    Plus 1 year out of school

    372.90

    432.20

    497.20

    Plus 2 years out of school

    432.20

    497.20

    583.10

    Plus 3 years out of school

    497.20

    583.10

    665.10

    Plus 4 years out of school

    583.10

    665.10

     

    Plus 5 or more years out of school

    665.10

      

NOTE:See clause C.4.3 for other minimum wage provisions that affect clause C.4.1(b).

    (c) 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 3—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 3—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

    715.50

    743.20

    B

    690.30

    716.70

NOTE:See clause C.4.3 for other minimum wage provisions that affect clause C.4.1(c).
C.4.2 Minimum hourly rates for part-time traineeships

    (d) 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 C.6.1 is the hourly rate specified in Column 2 of Table 4—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 4—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

    11.14

    12.28

    14.62

    Plus 1 year out of school

    12.28

    14.62

    17.02

    Plus 2 years out of school

    14.62

    17.02

    19.79

    Plus 3 years out of school

    17.02

    19.79

    22.65

    Plus 4 years out of school

    19.79

    22.65

     

    Plus 5 or more years out of school

    22.65

      

NOTE:See clause C.4.2(e) for calculating the actual minimum wage. See also clause C.4.3 for other minimum wage provisions that affect clause C.4.2(a).

    (e) 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 C.6.2 or by clause C.4.4 is the hourly rate specified in Column 2 of Table 5—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 5—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

    11.14

    12.28

    14.23

    Plus 1 year out of school

    12.28

    14.23

    16.36

    Plus 2 years out of school

    14.23

    16.36

    19.20

    Plus 3 years out of school

    16.36

    19.20

    21.90

    Plus 4 years out of school

    19.20

    21.90

     

    Plus 5 or more years out of school

    21.90

      

NOTE:See clause C.4.2(e) for calculating the actual minimum wage. See also clause C.4.3 for other minimum wage provisions that affect clause C.4.2(b).

    (f) 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 or B by clause C.6 or by clause C.4.4 is the hourly rate in Column 1 or 2 of Table 6—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 6—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

    $

    $

    11.14

    12.28

NOTE:See clause C.4.2(e) for calculating the actual minimum wage. See also clause C.4.3 for other minimum wage provisions that affect clause C.4.2(c).

    (g) 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 7—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 7—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

    23.52

    24.45

    B

    22.68

    23.56

NOTE:See clause C.4.2(e) for calculating the actual minimum wage. See also clause C.4.3 for other minimum wage provisions that affect clause C.4.2(d).

    (h) 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 C.4.2(a) to (d) 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 C.4.2(a) to (d) 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 C.4.2(a) to (d) minus 20% applies to each ordinary hour worked by the trainee.

C.4.3 Other minimum wage provisions

    (a) Clause C.4.3 applies despite anything to the contrary in clause C.4.2 or C.4.4.
    (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 clause C.4.3(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.

C.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 C.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.’

B. This determination comes into operation on 1 November 2020. In accordance with s.286(5) of the Fair Work Act 2009 this determination does not take effect in relation to a particular employee until the start of the employee’s first full pay period that starts on or after 1 November 2020.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

About this document
(1)
Code:
PR724124
Title:
PR724124 - Variation - 31 Oct 2020
Effective:
31 Oct 2020
Updated:
4 Nov 2020
Related Information
1.0.11.0 SD