1
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards—National Training Wage
(AM2016/17, AM2016/15)
JUSTICE ROSS, PRESIDENT
VICE PRESIDENT HATCHER
COMMISSIONER HUNT MELBOURNE, 21 JUNE 2017
National Training Wage Schedule – plain language re-draft – Miscellaneous Award 2010 –
next steps.
[1] In a decision1 issued on 9 June 2017 we decided to insert a reference term into the
modern awards specified in Attachment A of that decision. Draft Determinations giving effect
to that decision were published on the Commission’s website on 13 June 2017 and interested
parties were invited to comment. The Draft Determinations remove the National Training
Wage Schedule (NTW Schedule) from the specified awards and incorporate the NTW
Schedule by reference to the Miscellaneous Award 2010. Final determinations will issue
shortly and come into operation from 1 July 2017.
[2] This Statement outlines the next steps in dealing with the plain language drafting of
the NTW Schedule in the Miscellaneous Award 2010.
[3] In a Statement2 issued on 23 February 2017 we announced that the NTW Schedule of
the Miscellaneous Award 2010 would be re-drafted in plain language and a plain language
draft of the NTW Schedule was published the same day. Interested parties were invited to
make submissions on the draft.
[4] Submissions were received from the Australian Industry Group (Ai Group), the
Australian Manufacturing Workers Union (AMWU), the Construction, Forestry, Mining and
Energy Union – Construction and General Division (CFMEU), the Motor Trade Association
of South Australia (MTA) and Master Builders Australia (MBA).
[5] A draft summary of submissions was published on the Commission’s website on
20 April 2017. Interested parties were invited to review the draft summary of submissions to
ensure their submissions were accurately characterised. No comments or submissions were
received.
1 [2017] FWCFB 3176
2 [2017] FWCFB 1095
[2017] FWCFB 3349
STATEMENT
E AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb1095.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/2017fwcfb3176.pdf
[2017] FWCFB 3349
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[6] The draft summary of submissions has been sorted into outstanding and agreed issues.
The revised summary of submissions is set out at Attachment A to this Statement.
Outstanding issues appear at items 1 to 9. Agreed issues appear at items 10 to 24.
[7] A marked up version of the Miscellaneous Award 2010 NTW Schedule is included at
Attachment B. The marked changes reflect the agreed position of the parties and
amendments of drafting errors.
[8] A conference will be held on Friday 21 July 2017 at 9.00 am in Sydney with the
view to resolving the outstanding issues with the NTW Schedule in the Miscellaneous Award
2010.
[9] Award-specific NTW Schedules in awards subject to applications to retain NTW
Schedules will be addressed after the NTW Schedule in the Miscellaneous Award 2010 has
been finalised.3
PRESIDENT
Printed by authority of the Commonwealth Government Printer
Price code G, PR593980
3 [2017] FWCFB 1095 at 5.
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb1095.htm
3
Attachment A—revised summary of submissions—plain language draft of NTW Schedule for Miscellaneous Award 2010
This table is a summary of submissions lodged on or before 5.00pm on 22 June 2017.
ITEM PARTY DOCUMENT CLAUSE
(PLRDS)
SUMMARY OF ISSUE THEIR
REFERENCE
NOTES
Plain language re-draft of the NTW schedule—opposed and outstanding issues
1 Ai Group Sub-24/03/17 A.1.1 Definitions
In definition of approved
training words ‘in relation to
trainee’ should be deleted.
Unnecessary and confusing.
Paras 7–10 Drafter comment: These
words give context to the
later reference to “the
trainee”. It ensures the
easy use later of
references to the
approved training of an
employee.
2 Ai Group Sub-24/03/17 A.1.2(c) Definitions
Clause should be amended as
follows: not include any period
during a calendar year after the
completion during that year of in
which a year of schooling is
completed.
The period of time during which
the employee was in fact
completing such schooling is no
longer excluded. The legal effect
of this clause is substantially
different to the current NTWS.
Would have significant effect on
wage entitlements.
Paras 11–15 Drafter’s comment: The
redrafted clause clearly
excludes any period
during a year after you
have finished your year’s
schooling.
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-aig-240317.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-aig-240317.pdf
[2017] FWCFB 3349
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ITEM PARTY DOCUMENT CLAUSE
(PLRDS)
SUMMARY OF ISSUE THEIR
REFERENCE
NOTES
AMWU Reply sub-
07/04/17
The revised schedule would not
have the effect the AIG claim as a
period of schooling could not also
be a period out of school.
Para 3–4
3 Ai Group Sub-24/03/17 A.2.1 Coverage
Clause should be amended to
read: ‘…this schedule applies to
in respect of an employee…’
NTW schedule creates
entitlements for employees and
obligations on employers in
relation to those employees. Not
appropriate that the application of
the schedule be limited only to
employees.
Paras 16–20 Drafter comment: prefers
proposed wording of
plain language draft.
4 MBA Sub-17/03/17 A.4.1(a) – (d)
A.4.2(a) – (c)
Minimum wages for full-time
traineeships
Minimum wages for part-time
traineeships
The following words at the end of
these clauses, and after the word/s
‘column’ should be deleted as
they have no relevance to the
operation of the time-based
progression provisions contained
within the Miscellaneous Award
NTW schedule ED and the Plain
Language re-draft NTW schedule
- ‘and the experience level of the
trainee specified in column 1.’
3.4 Outstanding/opposed
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-mba-170317.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-aig-240317.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-amwu-070417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-amwu-070417.pdf
[2017] FWCFB 3349
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ITEM PARTY DOCUMENT CLAUSE
(PLRDS)
SUMMARY OF ISSUE THEIR
REFERENCE
NOTES
CFMEU Reply submission
– 06/04/17
Opposes deletion as words clearly
relate to the title of Column 1 and
have nothing to do with
competency based progression.
Para 13
AMWU Reply sub-
07/04/17
Opposes deletion on the basis that
the reference to ‘the experience
level of the trainee’ is not a
reference to the competency of the
trainee but to the ascribed
experience accruing over time,
post leaving school.
Para 17
5 Ai Group Sub-24/03/17 A.5.1 Employment conditions
The word ‘being’ should be
deleted as follows:
“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…”
Is unnecessary and apt to confuse.
May lead to the trainee becoming
entitled to ‘annual leave’ without
pay.
Paras 43–46 Outstanding/opposed
Drafter prefers wording
of plain language draft.
AMWU Reply sub-
07/04/17
Word should remain. If trainees
are not specifically excluded from
an award provision, without pay,
then they are entitled to access the
entitlement.
Para 10–11
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-amwu-070417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-amwu-070417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-aig-240317.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-amwu-070417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-amwu-070417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-cfmeu-060417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-cfmeu-060417.pdf
[2017] FWCFB 3349
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ITEM PARTY DOCUMENT CLAUSE
(PLRDS)
SUMMARY OF ISSUE THEIR
REFERENCE
NOTES
6 Ai Group Sub-24/03/17 A.5.2 Employment conditions
Clause should be amended to
read: A trainee is entitled to be
released from work without loss
of pay and without loss of
continuity of employment and to
payment of the appropriate wages
to attend any training and
assessment specified in, or
associated with, the training
contract.
These words may be interpreted to
require the payment of any
amount that would have been
payable to the employee had they
instead been working.
Paras 47–51 Outstanding/opposed
AMWU Reply sub-
07/04/17
Does not oppose the draft as
whether travel allowances or other
entitlements accrue under the
terms ‘without loss of pay’ or
‘appropriate wage’, depends on
the context of the modern award.
Paras 12–15
7 MTA Sub-24/03/17 A.5.3 Amend clause to read ‘Time spent
by a full-time trainee in attending
any training and assessment
specified in, or associated with,
the training contract is to be
regarded as time worked for the
employer and in determining a
Para 2.2.3 Outstanding/opposed
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-mtasa-240317.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-amwu-070417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-amwu-070417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-aig-240317.pdf
[2017] FWCFB 3349
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ITEM PARTY DOCUMENT CLAUSE
(PLRDS)
SUMMARY OF ISSUE THEIR
REFERENCE
NOTES
full-time trainee’s employment
conditions. The weekly wages in
A.4.1(a) to (d) includes payment
for time worked and time spent in
training.’
AMWU Reply sub-
07/04/17
Oppose MTA submission. The
existing clause only excludes ‘a
trainee undertaking a school-
based traineeship’ not all part-
time trainees. Proposal would
significantly extend scope of
exclusion.
Para 19
Ai Group Reply sub –
11/04/17
Opposes MTA’s proposed re-
wording of this provision (was
subject of a decision of the
Federal Court – does not support a
change to the wording which
could lead to a further round of
costly litigation.
Para 10–12
8 MTA Sub-24/03/17 A.5.3 – note Also proposes that the ‘note’ after
clause be replaced by new clause
A.5.4 as follows: ‘The time to be
included for the purpose of
calculating the wages for part-
time trainees (including a school-
based trainee) is determined by
A.4.2(f)(ii) and (iii) and not A.5.3.
Renumber A.5.4 as A.5.5
accordingly.
Para 2.2.4
Para 2.2.5
Outstanding/opposed
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-mtasa-240317.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-aig-110417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-aig-110417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-amwu-070417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-amwu-070417.pdf
[2017] FWCFB 3349
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ITEM PARTY DOCUMENT CLAUSE
(PLRDS)
SUMMARY OF ISSUE THEIR
REFERENCE
NOTES
Ai Group Reply sub –
11/04/17
Opposes MTA’s proposed re-
wording of this provision (was
subject of a decision of the
Federal Court – does not support a
change to the wording which
could lead to a further round of
costly litigation.
Para 10–12
9 Ai Group Sub-24/03/17 A.5.4 Employment conditions
Clause should read as follows:
‘Subject to clause A.2.4, all other
terms and conditions of this award
apply to a trainee unless
specifically varied by this
schedule.’
Otherwise may have the effect of
narrowing the scope of an
employer’s prerogative as to how
a specific provision is applied to
its employees.
Para 59 Drafter comment: it is
unnecessary to refer to
‘terms and conditions’.
The word ‘expressly’
covers the need for an
express variation.
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-aig-240317.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-aig-110417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-aig-110417.pdf
[2017] FWCFB 3349
9
ITEM PARTY DOCUMENT CLAUSE
(PLRDS)
SUMMARY OF ISSUE THEIR
REFERENCE
NOTES
Plain language re-draft of the NTW schedule—agreed and not opposed issues
10 AMWU Sub-24/03/17 A.1.1 Definitions
Terms need to be updated. In the
traineeship definition, ‘Industry
Skills Council’ and ‘National
Quality Council’ should be
replaced with ‘Skills Service
Organisation’ and ‘Australian
Industry and Skills Committee’.
Para 3 Agreed
CFMEU Reply submission
– 06/04/17
The changes in definitions
proposed by the AMWU are
generally supported.
Para 18
Ai Group Reply sub –
11/04/17
Does not oppose the updating of
terminology as proposed by
AMWU
Para 4
11 AMWU Sub-24/03/17 A.1.1 Definitions
The definition ‘relevant Ministers’
has been deleted to reflect current
arrangements.
Para 4 Definition has been re-
inserted.
12 Ai Group Sub-24/03/17 A.3(b) Types of traineeship
The following words should be
reinserted ‘solely on-the-job or
partly on-the-job and partly off-
the-job, or where training is fully
off-the-job.’
The current clause aids in
understanding the basis upon
which a part-time traineeship may
be undertaken.
Paras 24–25 Agreed
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-aig-240317.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-amwu-240317.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-aig-110417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-aig-110417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-cfmeu-060417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-cfmeu-060417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-amwu-240317.pdf
[2017] FWCFB 3349
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ITEM PARTY DOCUMENT CLAUSE
(PLRDS)
SUMMARY OF ISSUE THEIR
REFERENCE
NOTES
MBA Sub-17/03/17 Agrees with Ai Group 3.3
CFMEU Reply submission
– 06/04/17
Wording is not necessary in the
clause. Only time the different
types of training for part-time
trainees is relevant is in
calculating the wage rates as set
out in A.4.2(f) – words are
already contained within that
clause.
Para 12
AMWU Reply sub-
07/04/17
Agree with Ai Group that the
terms should be deleted.
Para 6
Ai Group Reply sub –
11/04/17
Agree with MBA’s submission.
Refers to Paras 21-25 of
submission.
Para 5–6
13 Ai Group Sub-24/03/17 A.4.1(a) Minimum wages for full-time
traineeships – Wage level A
For clause to be ‘simple and easy
to understand’ should be amended
to make clear that it operates
subject to clause A.4.3.
Para 29 Agreed
AMWU Reply sub-
07/04/17
Agree with Ai Group. Para 7-9
14 Ai Group Sub-24/03/17 A.4.1(b) Minimum wages for full-time
traineeships – Wage level B
Clause should be amended to
make clear that it operates subject
to clause A.4.3.
Para 30 Agreed
AMWU Reply sub-
07/04/17
Agree with Ai Group. Para 7–9
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-amwu-070417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-amwu-070417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-aig-240317.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-amwu-070417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-amwu-070417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-aig-240317.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-aig-110417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-aig-110417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-amwu-070417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-amwu-070417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-cfmeu-060417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-cfmeu-060417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-mba-170317.pdf
[2017] FWCFB 3349
11
ITEM PARTY DOCUMENT CLAUSE
(PLRDS)
SUMMARY OF ISSUE THEIR
REFERENCE
NOTES
15 Ai Group Sub-24/03/17 A.4.1(c) Minimum wages for full-time
traineeships – Wage level C
Clause should be amended to
make clear that it operates subject
to clause A.4.3.
Para 31 Agreed
AMWU Reply sub-
07/04/17
Agree with Ai Group. Para 7–9
16 Ai Group Sub-24/03/17 A.4.1(d)(i) Minimum wages for full-time
traineeships - AQF Certificate
Level IV traineeships
Clause should be amended to
make clear that it operates subject
to clause A.4.3.
Para 32 Agreed
AMWU Reply sub-
07/04/17
Agree with Ai Group. Para 7–9
17 Ai Group Sub-24/03/17 A.4.1(d)(ii) Minimum wages for full-time
traineeships – AQF Certificate
Level IV traineeships
Clause should be amended to
make clear that it operates subject
to clause A.4.3.
Para 33 Agreed
AMWU Reply sub-
07/04/17
Agree with Ai Group. Para 7–9
18 MTA Sub-24/03/17 A.4.2 Minimum wages for part-time
traineeships
Amend title to read ‘Minimum
hourly rates for part-time
traineeships’.
The rates in subclauses are not the
minimum wages and the
2.2.1 Agreed.
Changes to terminology
have also been made to
other clauses for
consistency.
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-mtasa-240317.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-amwu-070417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-amwu-070417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-aig-240317.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-amwu-070417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-amwu-070417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-aig-240317.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-amwu-070417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-amwu-070417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-aig-240317.pdf
[2017] FWCFB 3349
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ITEM PARTY DOCUMENT CLAUSE
(PLRDS)
SUMMARY OF ISSUE THEIR
REFERENCE
NOTES
calculation of the actual minimum
wages is dealt with in A.4.2(f).
Ai Group Reply sub –
11/04/17
Although amendment is not
necessary, does not oppose the
change proposed by MTA.
Para 7
19 Ai Group Sub-24/03/17 A.4.2(a) Minimum wages for part-time
traineeships – Wage level A
Clause should be amended to
make clear that it operates subject
to clause A.4.3.
Further amended to make clear
that it operates subject to clause
A.4.2(f).
Para 34
Para 39
Agreed
AMWU Reply sub-
07/04/17
Agree with Ai Group Para 34 Para 7–9
20 Ai Group Sub-24/03/17 A.4.2(b) Minimum wages for part-time
traineeships – Wage level B
Clause should be amended to
make clear that it operates subject
to clause A.4.3 and A.4.2(f).
Para 40 Agreed
21 Ai Group Sub-24/03/17 A.4.2(c) Minimum wages for part-time
traineeships – Wage level C
Clause should be amended to
make clear that it operates subject
to clause A.4.3 and A.4.2(f).
Para 41 Agreed
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-aig-240317.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-aig-240317.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-amwu-070417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-amwu-070417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-aig-240317.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-aig-110417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-aig-110417.pdf
[2017] FWCFB 3349
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ITEM PARTY DOCUMENT CLAUSE
(PLRDS)
SUMMARY OF ISSUE THEIR
REFERENCE
NOTES
22 Ai Group Sub-24/03/17 A.4.2(d) Minimum wages for part-time
traineeships - School based
traineeships
Cross reference to cl. A.4.1
should be replaced with reference
to cl.A.4.3.
Para 42 Agreed
23 MTA Sub-24/03/17 A.4.2(f)(i) Calculating the actual minimum
wage
Amend initial reference to ‘hourly
minimum rate’ to ‘minimum
hourly rate’
This will provide better
consistency in terminology in all
three sub-clauses (i)-(iii) and also
with A.4.2
2.2.2 Agreed
Ai Group Reply sub –
11/04/17
Although amendment is not
necessary, does not oppose the
change proposed by MTA.
Para 8
24 MBA Sub-17/03/17 A.5.3 Employment conditions
In the Note, ‘clause 0’ should read
‘clause A.4.2’
Para 3.5 Agreed. Correct clause
reference is A.4.2(f)(ii).
AMWU Sub-24/03/17 Reference to ‘clause 0’ at A.5.3
should be replaced with ‘clause
A.4.2(f)(ii)
Para 5
Ai Group Sub-24/03/17 Agrees with AMWU. Para 60
CFMEU Reply submission
– 06/04/17
Agrees with MBA. Para 14
Ai Group Reply sub –
11/04/17
Agree with AMWU and MBA
that reference to ‘clause 0’ should
be amended.
Para 9
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-aig-110417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-aig-110417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-cfmeu-060417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-cfmeu-060417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-aig-240317.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-amwu-240317.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-mba-170317.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-aig-110417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-aig-110417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-mtasa-240317.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-aig-240317.pdf
[2017] FWCFB 3349
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List of abbreviations (in alphabetical order)
Ai Group Australian Industry Group
AMWU Australian Manufacturing Workers’ Union
CFMEU Construction, Forestry, Mining and Energy Union (Construction & General Division)
HIA Housing Industry Association
MBA
MTA
Master Builders Australia
Motor Trade Association of South Australia
NTW National Training Wage
PLRDS Plain Language Re-draft of Schedule
15
Attachment B—Plain language draft of Miscellaneous Award 2010 NTW Schedule
Amendments to this schedule are based on agreed issues based on submissions of parties
on or before 20 April 2017. The changes do not reflected a concluded view of the
Commission.
Schedule A—National Training Wage
A.1 Definitions
A.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) Vocational Education, Training and
Employment Act 2000 (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
Industry Skills Council Skills Service Organisation and endorsed by the
National Quality Council Australian Industry and Skills Committee; and
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(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 National Quality Council 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 A.4.
Year 10 includes any year before Year 10.
A.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.
A.2 Coverage
A.2.1 Subject to clauses A.2.2 to A.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 A.6 or by clause A.4.4.
A.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 A.6.
A.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.
A.2.4 If this schedule is inconsistent with other provisions of this award relating to
traineeships, the other provisions prevail.
A.2.5 This schedule ceases to apply to an employee at the end of the traineeship.
A.3 Types of traineeship
The following types of traineeship are available:
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A.3.1 A full-time traineeship based on 38 ordinary hours per week, with 20% of those
hours being approved training;
A.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.
A.4 Minimum Wages Rates
A.4.1 Minimum wages weekly rates for full-time traineeships
(a) Wage level A
Subject to clause A.4.3, the minimum wage rate for a full-time trainee
undertaking a full-time AQF Certificate Level I–III traineeship whose training
package and AQF certificate levels are allocated to wage level A by
clause A.6.1 is the weekly wage rate specified in column 2 of Table 1—Wage
level A minimum weekly wage 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 wage 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 $302.20 $332.80 $396.50
Plus 1 year out of school $332.80 $396.50 $461.40
Plus 2 years out of school $396.50 $461.40 $537.00
Plus 3 years out of school $461.40 $537.00 $614.80
Plus 4 years out of school $537.00 $614.80
Plus 5 or more years out of school $614.80
(b) Wage level B
Subject to clause A.4.3, the minimum wage rate for a full-time trainee
undertaking a AQF Certificate Level I–III traineeship whose training package
and AQF certificate levels are allocated to wage level B by clause A.6.2 or by
clause A.4.4 is the weekly wage rate specified in column 2 of Table 2—Wage
level B minimum weekly wage rate for full-time trainees (AQF Certificate
Level I–III traineeship) according to the highest year of schooling completed
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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 wage 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 $302.20 $332.80 $385.80
Plus 1 year out of school $332.80 $385.80 $443.80
Plus 2 years out of school $385.80 $443.80 $520.40
Plus 3 years out of school $443.80 $520.40 $593.60
Plus 4 years out of school $520.40 $593.60
Plus 5 or more years out of school $593.60
(c) Wage level C
Subject to clause A.4.3, the minimum wage rate for a full-time trainee
undertaking a AQF Certificate Level I–III traineeship whose training package
and AQF certificate levels are allocated to wage level C by clause A.6.3 is the
weekly wage rate specified in column 2 of Table 3—Wage level C minimum
weekly wage 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 wage 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 $302.20 $332.80 $385.80
Plus 1 year out of school $332.80 $385.80 $434.30
Plus 2 years out of school $385.80 $434.30 $485.20
Plus 3 years out of school $434.30 $485.20 $540.60
Plus 4 years out of school $485.20 $540.60
Plus 5 or more years out of school $540.60
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(d) AQF Certificate Level IV traineeships
(i) Subject to clause A.4.3, the for a trainee undertaking a full-time AQF
Certificate Level IV traineeship are the minimum wage rate for the
relevant full-time AQF Certificate Level III traineeship increased by
3.8%.
(ii) Subject to clause A.4.3, the minimum weekly wage rate for an adult
trainee undertaking a full-time AQF Certificate Level IV traineeship is
the weekly wage rate specified in column 2 or 3 of Table 4—Minimum
weekly wage 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 wage 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 $638.50 $663.20
B $616.00 $639.70
C $560.60 $581.80
A.4.2 Minimum wages hourly rates for part-time traineeships
(a) Wage level A
Subject to clauses A.4.2(f) and A.4.3, the minimum hourly rate for a trainee
undertaking a part-time AQF Certificate Level I–III traineeship whose training
package and AQF certificate levels are allocated to wage level A by
clause A.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 $9.94 $10.96 $13.05
Plus 1 year out of school $10.96 $13.05 $15.19
Plus 2 years out of school $13.05 $15.19 $17.66
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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
Plus 3 years out of school $15.19 $17.66 $20.21
Plus 4 years out of school $17.66 $20.21
Plus 5 or more years out of school $20.21
(b) Wage level B
Subject to clauses A.4.2(f) and A.4.3, the minimum hourly rate for a part-time
trainee undertaking a AQF Certificate Level I–III traineeship whose training
package and AQF certificate levels are allocated to wage level B by
clause A.6.1 or by clause A.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 $9.94 $10.96 $12.70
Plus 1 year out of school $10.96 $12.70 $14.60
Plus 2 years out of school $12.70 $14.60 $17.13
Plus 3 years out of school $14.60 $17.13 $19.54
Plus 4 years out of school $17.13 $19.54
Plus 5 or more years out of school $19.54
(c) Wage level C
Subject to clauses A.4.2(f) and A.4.3, the minimum hourly rate for a part-time
trainee undertaking a AQF Certificate Level I–III traineeship whose training
package and AQF certificate levels are allocated to wage level C by
clause A.6.1 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.
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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 $9.94 $10.96 $12.70
Plus 1 year out of school $10.96 $12.70 $14.28
Plus 2 years out of school $12.70 $14.28 $15.95
Plus 3 years out of school $14.28 $15.95 $17.78
Plus 4 years out of school $15.95 $17.78
Plus 5 or more years out of school $17.78
(d) School-based traineeships
Subject to clauses A.4.2(f) and A.4.3 A.4.1, 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 A.6 or by
clause A.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
$9.94 $10.96
(e) AQF Certificate Level IV traineeships
(i) Subject to clauses A.4.2(f) and A.4.1, the minimum hourly rate for a
trainee undertaking a part-time 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) Subject to clauses A.4.2(f) and A.4.1, the minimum hourly rate for an
adult trainee undertaking a part-time AQF Certificate Level IV
traineeship is the hourly rate in column 2 or 3 of Table 9—Minimum
hourly rate for adult part-time 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:
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Table 9—Minimum hourly rate for adult part-time 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 $21.00 $21.82
B $20.24 $21.03
C $18.44 $19.15
(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
hourly minimum hourly rate for a part-time trainee is obtained by
multiplying the relevant minimum hourly rate in clauses A.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 fully
wholly off-the-job by a registered training organisation, for example at
school or at TAFE, the relevant minimum hourly rate in clauses A.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 A.4.2(a) to (e) minus 20% applies to
each ordinary hour worked by the trainee.
A.4.3 Other minimum wage provisions
(a) Clause A.4.3 applies despite anything to the contrary in clause A.4.4 or A.4.2.
(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 (a), 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.
A.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
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wage level by clause A.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.
A.5 Employment conditions
A.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.
A.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.
A.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.
NOTE: The time to be included for the purpose of calculating the wages for part-time trainees
whose approved training is fully wholly off-the-job is determined by clause A.4.2(f)(ii) and
not by this clause.
A.5.4 Subject to clause A.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.
A.6 Allocation of Traineeships to Wage Levels
The wage levels applying to training packages and their AQF certificate levels are:
A.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
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Training package AQF certificate level
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 1 III
Water Industry (Utilities) III
A.6.2 Wage level B2
Training package AQF certificate level
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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 2 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
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Training package AQF certificate level
Transport and Logistics I, II
Visual Arts, Craft and Design I, II, III
Water Industry I, II
A.6.3 Wage level C3
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
NOTE 1 The Rail, Tram and Bus Union Australia proposed replacing the ‘Transport and
Logistics’ training package with the ‘Transport and Distribution’ training package at Certificate
III (see submission dated 17 October 2014).
NOTE 2 The Professional Golfers’ Association propose the addition of a ‘Golf Clubs and
Facilities’ training package in Wage Level B (see submission dated 28 September 2015).
NOTE 3 The National Farmers’ Federation proposed replacing the three existing training
packages titled ‘Agri-Food, Amenity Horticulture, and Conservation and Land Management’ with
one consolidated training package titled ‘Agriculture, Horticulture and Conservation and Land
Management’ (see submission dated 29 July 2016).
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201617-subs-nff-290716.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014256-sub-pgoa-280915.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201487-corr-rtbu-201014.pdf
