MA000049 PR544152 |
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
(AM2012/135)
AIRPORT EMPLOYEES AWARD 2010
[MA000049]
Airport operations | |
JUSTICE BOULTON,SENIOR DEPUTY PRESIDENT | SYDNEY,22 NOVEMBER 2013 |
Transitional review of modern awards - apprentices,trainees and junior rates - common matters - consequential variations.
A. Further to the decision of 22 August 2013 1 and pursuant to Item 6,Schedule 5 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009,the Airport Employees Award 20102 is varied as follows:
1. By deleting clause 16.1 and inserting the following:
16.1 Apprentice minimum wages
(a) Apprentices who are under 21 years of age and commenced before 1 January 2014 must be paid an award salary,calculated to the nearest dollar,as the appropriate percentage indicated below of the minimum salary of a Technical services officer Level 1. Where the age and year of service produce different percentages,the higher percentage will apply:
Age or length of service as an apprentice | Percentage of the standard rate |
% | |
Under 18 or 1st year | 42 |
At 18 or 2nd year | 55 |
At 19 or 3rd year | 75 |
At 20 or 4th year | 88 |
(b) Apprentices who commenced on or after 1 January 2014 and are under 21 years of age must be paid an award salary,calculated to the nearest dollar,as the appropriate percentage indicated below of the minimum salary of a Technical services officer Level 1. Where the age and year of service produce different percentages,the higher percentage will apply.
(i) From 1 January 2014:
Age or length of service as an apprentice | Percentage of the standard rate for apprentices who have not completed Year 12 | Percentage of the standard rate for apprentices who have finished year 12 |
% | % | |
Under 18 or 1st year | 47 | 47 |
At 18 or 2nd year | 60 | 60 |
At 19 or 3rd year | 75 | 75 |
At 20 or 4th year | 88 | 88 |
(ii) From the first pay period commencing on or after 1 January 2015:
Age or length of service as an apprentice | Percentage of the standard rate for apprentices who have not completed Year 12 | Percentage of the standard rate for apprentices who have finished year 12 |
% | % | |
Under 18 or 1st year | 50 | 55 |
At 18 or 2nd year | 60 | 65 |
At 19 or 3rd year | 75 | 75 |
At 20 or 4th year | 88 | 88 |
2. By deleting clause 17 and inserting the following:
17. Adult apprentice minimum wages
17.1 The salary of an adult apprentice who commenced before 1 January 2014 must be the rate prescribed by clause 16—Apprentice minimum wages for the relevant year of the apprenticeship.
17.2 The salary of an adult apprentice who commenced on or after 1 January 2014 and is in the first year of their apprenticeship must be 80% of the standard rate or the rate prescribed by clause 16—Apprentice minimum wages for the relevant year of apprenticeship,whichever is greater.
17.3 The salary of an adult apprentice who commenced on or after 1 January 2014 and is in the second and subsequent years of their apprenticeship must be the rate for the lowest adult classification in clause 15.1—Salaries or the rate prescribed by clause 16—Apprentice minimum wages for the relevant year of apprenticeship,whichever is the greater.
17.4 Provided that where a person was employed by the employer prior to becoming an adult apprentice,such person must not suffer a reduction in the rate of salary by virtue of becoming indentured.
17.5 For the purpose only of fixing a salary,the adult apprentice must continue to receive the rate of salary that is from time to time applicable to the classification or class of work in which they were engaged immediately prior to entering the indenture.
3. By deleting clause C.8 and inserting the following:
C.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each two years of employment as an apprentice or at the rate of competency-based progression if provided for in this award.
4. By deleting clause C.9 and inserting the following:
C.9 The apprentice wage scales are based on a standard full-time apprenticeship of four years (unless the apprenticeship is of three years duration) or stages of competency based progression (if provided for in this award). The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.
5. By deleting clause C.10 and inserting the following:
C.10 If an apprentice converts from school-based to full-time,the successful completion of competencies (if provided for in this award) and all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.
6. By updating all cross-references accordingly.
B. This determination comes into operation on the first full pay period commencing on or after 1 January 2014.
SENIOR DEPUTY PRESIDENT
1 [2013] FWCFB 5411.
2 MA000049.
Printed by authority of the Commonwealth Government Printer
<Price code A>