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Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards—National Training Wage
(AM2016/15, AM2016/17)
JUSTICE ROSS, PRESIDENT
VICE PRESIDENT HATCHER
COMMISSIONER HUNT
MELBOURNE, 23 FEBRUARY 2017
4 yearly review of modern awards – National Training Wage schedule.
1. Introduction
[1] This Statement provides an update on the review of the National Training Wage
schedule (NTW schedule) following the Statement issued on 6 July 2016 (the July
Statement).1 The NTW schedule has been re-drafted in plain language and will be published
today. A consultation process is set out at the end of this Statement.
2. Background
[2] In the July Statement, we expressed the provisional view that NTW schedules should
be removed from all modern awards except the Miscellaneous Award 2010 (the
Miscellaneous Award). The NTW schedule runs to eight pages and there are currently minor
variations in the NTW schedule across awards. With the objective of reducing the length and
complexity of modern awards, the following changes were proposed:
(i) standardising the NTW schedule; and
(ii) removing the NTW Schedule from all modern awards, save for the
Miscellaneous Award 2010, and incorporating the NTW schedule by reference
into the other modern awards that currently contain the schedule in full.
[3] Parties were invited to make submissions on the proposal, the following parties made
submissions:
Construction, Forestry, Mining and Energy Union – Construction and General
Division (CFMEU)2
Australian Industry Group (Ai Group)3
Australian Manufacturing Workers Union (AMWU)4
National Farmers’ Federation (NFF)5
[2017] FWCFB 1095
STATEMENT
E AUSTRALIA FairWork Commission
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[4] The NFF and Ai Group did not oppose to the removal of the NTW schedules from
modern awards and the retention of the NTW schedule by reference, in the Miscellaneous
Award.
[5] The AMWU and CFMEU propose that the NTW schedule should be relevant and
appropriate to the work covered by the particular modern award. The unions’ view is that the
schedules should reflect the coverage of the award, the other provisions of the award which
are relevant (for example other wage rates for trainees) and age restrictions on the
qualifications being undertaken.6 The following awards were identified by the AMWU7 and
CFMEU8 as requiring a NTW schedule, albeit in a modified form:
Airline Operations—Ground Staff Award 2010 (AMWU);
Airport Employees Award 2010 (AMWU);
Building and Construction General On-site Award 2010 (AMWU & CFMEU);
Food, Beverage and Tobacco Manufacturing Award 2010 (AMWU);
Joinery and Building Trades Award 2010 (CFMEU);
Manufacturing and Associated Industries and Occupations Award 2010 (AMWU);
Mobile Crane Hiring Award 2010 (CFMEU);
Sugar Industry Award 2010 (AMWU); and
Surveying Award 2010 (AMWU).
[6] The NTW schedule to be inserted in the Miscellaneous Award has been re-drafted by
the plain language expert and will be published today for comment.
[7] Parties have made submissions on how the NTW schedule could be updated to reflect
current legislation, training bodies, authorities and packages. The proposed updates are
marked up in the revised version of NTW schedule.
3. The provisional view regarding the NTW schedule
[8] The Commission is of the provisional view that where parties have requested that the
NTW schedule be tailored to a particular modern award that this should occur. A tailored
version of the NTW schedule will be inserted in the awards listed above adopting the
proposed plain language provisions where appropriate. Parties with an interest in those awards
should file submissions setting out how the draft schedules should be tailored.
[9] For all other modern awards, apart from the Miscellaneous Award, the Commission is
of the provisional view that the NTW schedule will be removed once the revised NTW
schedule to be inserted into the Miscellaneous Award has been finalised. For modern awards
which currently have an NTW schedule, the training wage conditions will be incorporated
through reference to the Miscellaneous Award as outlined in the July Statement as follows9:
‘X. National training wage
X.1 Schedule E to the Miscellaneous Award 2010 sets out minimum wage rates and
conditions for employees undertaking traineeships.
X.2 This award incorporates the terms of Schedule E to the Miscellaneous Award
2010 as at 1 July 2017.’
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[10] The date in the reference at clause X.2 would be updated each year following any
adjustment to the rates of pay for trainees in the NTW Schedule to the Miscellaneous Award.
[11] No change will be made to modern awards which do not currently contain the NTW
schedule.
4. Next steps
[12] Submissions in relation to the plain language draft and the tailored draft schedules
should be filed in accordance with the following timetable:
1. Submissions on the plain language re-draft of the NTW schedule should be
filed by no later than 4.00 pm Friday 17 March 2017.
2. Submissions on the form of the NTW schedule to be inserted in the 9 awards
listed in paragraph [5] of this statement (including which training packages
should be included in each award) should be filed by no later than 4.00 pm
Friday 17 March 2017.
3. Submissions in reply should be filed by no later than 4.00 pm on Thursday
30 March 2017.
[13] The tailored NTW schedules to be inserted into the awards listed in paragraph [5] will
be the subject of further consultation with the relevant parties following the finalisation of the
form of the NTW schedule in the Miscellaneous Award.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
Price code A, PR590487
1 Statement, 6 July 2016 [2016] FWC 4495.
2 CFMEU, Submission, 28 July 2016.
3 Ai Group, Submission, 29 July 2016.
4 AMWU, Submission, 29 July 2016.
5 NFF, Submission, 29 July 2016.
6 See CFMEU, Submission, 28 July 2016 at [5].
7 AMWU, Submission, 5 December 2016.
8 CFMEU, Submission, 9 December 2016.
9 Statement, 6 July 2016 [2016] FWC 4495 at [17]–[19].
https://www.fwc.gov.au/decisionssigned/html/2016FWC4495.htm
https://www.fwc.gov.au/sites/awardsmodernfouryr/am201617-subs-cfmeu-091216.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201617-sub-amwu-051216.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201617-subs-cfmeu-280716.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201617-subs-nff-290716.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201617-subs-amwu-290716.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201617-subs-aig-290716.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201617-subs-cfmeu-280716.pdf
https://www.fwc.gov.au/decisionssigned/html/2016FWC4495.htm
