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, 28 AUGUST 2017
National Training Wage Schedule – plain language re-draft – award-specific schedules – next
steps.
[1] In a statement1 of 6 July 2016 (the July 2016 Statement) it was proposed that the
National Training Wage Schedule (the NTW Schedule) be standardised and removed from all
awards except the Miscellaneous Award 2010, and that the NTW Schedule be incorporated
into other awards by reference to the Miscellaneous Award 2010.
[2] Applications were made by the AMWU and the CFMEU to maintain award-specific
schedules in the following nine awards:
Airline Operations—Ground Staff Award 2010;
Airport Employees Award 2010;
Building and Construction General On-site Award 2010;
Food, Beverage and Tobacco Manufacturing Award 2010;
Joinery and Building Trades Award 2010;
Manufacturing and Associated Industries and Occupations Award 2010;
Mobile Crane Hiring Award 2010;
Sugar Industry Award 2010; and
Surveying Award 2010.2
[3] In a statement3 of 23 February 2017 (the February 2017 statement) we expressed a
provisional view that where parties requested that the NTW Schedule be tailored to a
particular modern award, this would occur. In all other modern awards NTW Schedules
would be removed from modern awards and the NTW Schedule to the Miscellaneous Award
2010 would be incorporated in modern awards by a reference term.
[4] In a decision4 of 9 June 2017 (the June 2017 decision) we outlined that the terms of
award-specific NTW Schedules to be inserted into the nine modern awards set out above will
be dealt with after the finalisation of the plain language NTW Schedule in the Miscellaneous
Award 2010. We noted that where schedules are tailored to each award, these schedules will
be consistent with the final plain language NTW Schedule.
[2017] FWCFB 4457
STATEMENT
E AUSTRALIA FairWork Commission
[2017] FWCFB 4457
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[5] In a decision5 of 15 August 2017 (the August 2017 decision) we finalised the NTW
Schedule to be inserted into the Miscellaneous Award 2010. The proposed NTW Schedule for
the Miscellaneous Award 2010 was attached to the August 2017 decision and interested
parties were invited to comment. No comments were received. A determination varying the
Miscellaneous Award 2010 will be issued shortly.
[6] We note that the proposed NTW Schedule set out at Attachment A of the August 2017
decision contained some minor drafting errors. The errors have been corrected. Amendments
were made to clauses A.4.1(a), (d)(i), (d)(ii), A.4.2(a), (d), (e)(i) and (e)(ii).
[7] In the August 2017 decision we stated that the draft schedules for each of the nine
awards would be published in the week commencing 21 August 2017. Award-specific
schedules have been prepared based on the finalised NTW Schedule from the Miscellaneous
Award 2010 and the parties’ draft schedules. The updated Miscellaneous Award 2010 NTW
Schedule and draft award-specific schedules are published as attachments to this decision as
follows:
Attachment Award Party
A Miscellaneous Award 2010 N/A
B Airline Operations Ground Staff Award 2010 AMWU
C Airport Employees Award 2010 AMWU
D Building and Construction General On-site Award 2010 CFMEU &
AMWU
E Food, Beverage and Tobacco Manufacturing Award 2010 AMWU
F Joinery and Building Trades Award 2010 CFMEU
G Manufacturing and Associated Industries and Occupations
Award 2010
AMWU
H Mobile Crane Hiring Award 2010 CFMEU
I Sugar Industry Award 2010 AMWU
J Surveying Award 2010 AMWU
[8] We note that in Ai Group’s submissions in reply6 dated 11 April 2017, at paragraphs
18 to 22, they note certain potentially relevant qualifications included in the standard NTW
Schedule that have been excluded in the AMWU draft schedule. Ai Group list the
qualifications they submit should be retained in any award-specific NTW Schedule.
[9] The AMWU is invited to file submissions on the matters raised by Ai Group at
paragraphs 18 to 22 of their submissions in reply by no later than 4.00pm on Friday 8
September 2017.
[10] We also note that in the AMWU’s submissions in reply7 dated 7 April 2017, at
paragraph 23, they propose the inclusion of Civil Construction as well as Metal and
Engineering Technical Traineeships AQF III in the Building and Construction General On-
site Award 2010. The CFMEU is invited to file submissions on the matters raised by the
AMWU at paragraph 23 of their submissions in reply by no later than 4.00pm on Friday 8
September 2017.
[11] Interested parties are invited to file submissions on the award-specific schedules by no
later than 4.00 pm on Friday 8 September 2017. Any party wishing to reply to material filed
is to do so by no later than 4.00 pm on Friday 22 September 2017.
[2017] FWCFB 4457
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[12] In the event that any party opposes the inclusion of award-specific NTW schedules in
a particular award (e.g. see HIA submission 17 March 2017) they should make a submission
to that effect. Any party wishing to reply to material filed is to do so by no later than 4.00 pm
on Friday 22 September 2017. All submissions are to be sent to amod@fwc.gov.au.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
Price code J, PR595647
1 [2016] FWC 4495.
2 The Surveying Award 2010 does not currently have a NTW Schedule.
3 [2017] FWCFB 1095.
4 [2017] FWCFB 3176.
5 [2017] FWCFB 4174.
6 Ai Group Reply Submissions – 11 April 2017.
7 AMWU Reply Submissions – 7 April 2017.
Attachment A—Miscellaneous Award 2010
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.
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-aig-110417.pdf
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb4174.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb3176.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb1095.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwc4495.htm
mailto:amod@fwc.gov.au
[2017] FWCFB 4457
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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 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
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(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:
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 rates
A.4.1 Minimum weekly rates for full-time traineeships
(a) Wage level A
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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 A.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 A.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 A.6.2 or by clause A.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
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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
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 A.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 A.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 A.4.3 for other minimum wage provisions that affect this
paragraph.
(d) AQF Certificate Level IV traineeships
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(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 A.4.3 for other minimum wage provisions that affect
this paragraph.
A.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 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 $10.27 $11.32 $13.48
Plus 1 year out of school $11.32 $13.48 $15.69
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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 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 A.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 A.6.2 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 $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 A.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
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levels are allocated to wage level C by clause A.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 A.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 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
$10.27 $11.32
NOTE: See paragraph (f) for calculating the actual minimum wage. See also
clause A.4.3 for other minimum wage provisions that affect this paragraph.
(e) AQF Certificate Level IV traineeships
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(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 A.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 A.4.2(a) to 0 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 A.4.2(a) to 0
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 0 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.
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(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.
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
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.
A.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 A.4.2(f)(ii) and (iii) and not by clause A.5.3.
A.5.5 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:
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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
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 II, III
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Training package AQF certificate level
Services
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
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
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Training package AQF certificate level
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
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).
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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).
[2017] FWCFB 4457
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Attachment B—Airline Operations Ground Staff Award 2010—
modified AMWU draft NTW schedule
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 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 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
Industry Reference Committee of the applicable Skills Service Organisation
and endorsed by the Australian Industry and Skills Committee; and
[2017] FWCFB 4457
18
(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.
wage level A 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.
[2017] FWCFB 4457
19
A.3 Types of traineeship
The following types of traineeship are available:
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 rates
A.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
II–III traineeship whose training package and AQF certificate levels are
allocated to wage level A by clause A.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 II–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 II–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 n/a n/a $409.60
Plus 1 year out of school n/a $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 A.4.3 for other minimum wage provisions that affect this
paragraph.
[2017] FWCFB 4457
20
(b) 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 2—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 2—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
NOTE: See clause A.4.3 for other minimum wage provisions that affect
this paragraph.
A.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 II–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 3—Wage level A minimum hourly rate for part-time
trainees (AQF Certificate Level II–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 A minimum hourly rate for part-time trainees (AQF
Certificate Level II–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
[2017] FWCFB 4457
21
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 $15.69 $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 (d) for calculating the actual minimum wage. See also
clause A.4.3 for other minimum wage provisions that affect this paragraph.
(b) 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 level A by
clause A.6 is the hourly rate in column 1 or 2 of Table 4—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 4—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 (d) for calculating the actual minimum wage. See also
clause A.4.3 for other minimum wage provisions that affect this paragraph.
(c) AQF Certificate Level IV traineeships
(i) 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) 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 5—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:
[2017] FWCFB 4457
22
Table 5—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
NOTE: See paragraph (d) for calculating the actual minimum wage. See
also clause A.4.3 for other minimum wage provisions that affect this
paragraph.
(d) 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 A.4.2(a) to (c) 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 A.4.2(a) to (c)
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 (c) 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.4.2.
(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.
[2017] FWCFB 4457
23
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.
A.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 A.4.2(d)(ii) and (iii) and not by clause A.5.3.
A.5.5 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 II, III
Business Services III
Information and Communications
Technology
II, III
Training and Assessment III
Transport and Logistics Distribution1 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).
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201487-corr-rtbu-201014.pdf
[2017] FWCFB 4457
24
Attachment C—Airport Employees Award 2010—modified
AMWU draft NTW schedule
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 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 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
Industry Reference Committee of the applicable Skills Service Organisation
and endorsed by the Australian Industry and Skills Committee; and
[2017] FWCFB 4457
25
(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.
wage level A 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.
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.
[2017] FWCFB 4457
26
A.3 Types of traineeship
The following types of traineeship are available:
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 rates
A.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
II–III traineeship whose training package and AQF certificate levels are
allocated to wage level A by clause A.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 II–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 II–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 n/a n/a $409.60
Plus 1 year out of school n/a $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 A.4.3 for other minimum wage provisions that affect this
paragraph.
[2017] FWCFB 4457
27
(b) 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 2—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 2—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
NOTE: See clause A.4.3 for other minimum wage provisions that affect
this paragraph.
A.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 II–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 3—Wage level A minimum hourly rate for part-time
trainees (AQF Certificate Level II–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 A minimum hourly rate for part-time trainees (AQF
Certificate Level II–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
[2017] FWCFB 4457
28
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 $15.69 $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 (d) for calculating the actual minimum wage. See also
clause A.4.3 for other minimum wage provisions that affect this paragraph.
(b) 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 level A by
clause A.6 is the hourly rate in column 1 or 2 of Table 4—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 4—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 (d) for calculating the actual minimum wage. See also
clause A.4.3 for other minimum wage provisions that affect this paragraph.
(c) 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 5—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:
[2017] FWCFB 4457
29
Table 5—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
NOTE: See paragraph (d) for calculating the actual minimum wage. See
also clause A.4.3 for other minimum wage provisions that affect this
paragraph.
(d) 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 A.4.2(a) to (c) 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 A.4.2(a) to (c)
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 (c) 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.4.2.
(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.
[2017] FWCFB 4457
30
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.
A.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 A.4.2(d)(ii) and (iii) and not by clause A.5.3.
A.5.5 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
Business Services III
Information and Communications
Technology
II, III
Training and Assessment III
Transport and Logistics Distribution1 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).
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201487-corr-rtbu-201014.pdf
[2017] FWCFB 4457
31
Attachment D—Building and Construction General On-site
Award 2010— modified CFMEU draft NTW schedule
Schedule A—National Training Wage
A.1 Definitions
A.1.1 In this schedule:
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 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.
[2017] FWCFB 4457
32
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, and includes any relevant
replacement training package.
wage level A, B or C, see clause 28.
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.
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:
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.
[2017] FWCFB 4457
33
A.4 Minimum rates
A.4.1 Minimum weekly rates for full-time traineeships – see clause 28
(a) AQF Certificate Level IV traineeships
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 (as set out in clause 28) increased by 3.8%.
A.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 A.6.1 is the relevant weekly rate
from clause 28 divided by 30.4.
(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 A.6.2 is the relevant weekly rate
from clause 28 divided by 30.4.
(c) 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 A.6 is the hourly rate in column 1 or 2 of Table 1—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 1—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 A.4.3 for other minimum wage provisions that affect this paragraph.
[2017] FWCFB 4457
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(d) AQF Certificate Level IV traineeships
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%.
(e) 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 A.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 A.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 A.4.2(a) to (d) 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.4.2.
(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.
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.
[2017] FWCFB 4457
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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.
A.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 A.4.2(e)(ii) and (iii) and not by clause A.5.3.
A.5.5 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
Construction, Plumbing and Services
Integrated Framework
I, II, III
Electrotechnology I, II, III
(III in Western Australia
only)
MSL Laboratory Operations II, III
Resources and Infrastructure Industry
Training Package
I, II, III
A.6.2 Wage level B
Training package AQF certificate level
Resources and Infrastructure Industry
Training Package
I
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Attachment E— Food, Beverage and Tobacco Manufacturing
Award 2010—modified AMWU draft NTW schedule
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 or B 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 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
Industry Reference Committee of the applicable Skills Service Organisation
and endorsed by the Australian Industry and Skills Committee; and
[2017] FWCFB 4457
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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 Australian Industry and Skills Committee.
wage level A or B 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.
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.
[2017] FWCFB 4457
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A.3 Types of traineeship
The following types of traineeship are available:
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 rates
A.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
II–III traineeship whose training package and AQF certificate levels are
allocated to wage level A by clause A.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 II–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 II–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 A.4.3 for other minimum wage provisions that affect this
paragraph.
[2017] FWCFB 4457
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(b) Wage level B
The minimum rate for a full-time trainee undertaking an AQF Certificate
Level II–III traineeship whose training package and AQF certificate levels are
allocated to wage level B by clause A.6.2 is the weekly rate specified in
column 2 of Table 2—Wage level B minimum weekly rate for full-time
trainees (AQF Certificate Level II–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 II–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 A.4.3 for other minimum wage provisions that affect this
paragraph.
(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:
[2017] FWCFB 4457
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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 $659.60 $685.10
B $636.30 $660.80
NOTE: See clause A.4.3 for other minimum wage provisions that affect
this paragraph.
A.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 II–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 4—Wage level A minimum hourly rate for part-time
trainees (AQF Certificate Level II–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 II–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 (e) for calculating the actual minimum wage. See also
clause A.4.3 for other minimum wage provisions that affect this paragraph.
[2017] FWCFB 4457
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(b) Wage level B
The minimum hourly rate for a part-time trainee undertaking an AQF
Certificate Level II–III traineeship whose training package and AQF certificate
levels are allocated to wage level B by clause A.6.2 is the hourly rate specified
in column 2 of Table 5—Wage level B minimum hourly rate for part-time
trainees (AQF Certificate Level II–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 II–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 (e) for calculating the actual minimum wage. See also
clause A.4.3 for other minimum wage provisions that affect this paragraph.
(c) 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 II–III traineeship whose
training package and AQF certificate levels are allocated to wage levels A, B
or C by clause A.6 is the hourly rate in column 1 or 2 of Table 6—Minimum
hourly rate for part-time trainees (school-based AQF Certificate Level II–
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 II–III traineeship)
Column 1
Year 11 or lower
Column 2
Year 12
per hour per hour
$10.27 $11.32
NOTE: See paragraph (e) for calculating the actual minimum wage. See also
clause A.4.3 for other minimum wage provisions that affect this paragraph.
[2017] FWCFB 4457
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(d) 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 a part-
time 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 $21.69 $22.54
B $20.91 $21.72
NOTE: See paragraph (e) for calculating the actual minimum wage. See
also clause A.4.3 for other minimum wage provisions that affect this
paragraph.
(e) 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 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 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.
[2017] FWCFB 4457
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A.4.3 Other minimum wage provisions
(a) Clause A.4.3 applies despite anything to the contrary in clause 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 (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.
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.
A.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 A.4.2(e)(ii) and (iii) and not by clause A.5.3.
A.5.5 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
Business Services I, II, III
Food Processing Industry III
[2017] FWCFB 4457
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Training package AQF certificate level
Information and Communications
Technology
II, III
Laboratory Operations II, III
Manufacturing II, III
Metal and Engineering (Technical) III
Training and Assessment III
Transport and Logistics Distribution1 III
A.6.2 Wage level B
Training package AQF certificate level
Food Processing Industry II
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).
[2017] FWCFB 4457
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Attachment F—Joinery and Building Trades Award 2010—
modified CFMEU draft NTW schedule
Schedule A—National Training Wage—Joinery and Building
Trades Award 2010
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 or B 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 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
[2017] FWCFB 4457
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(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 Register of Vocational Education and Training (VET)
(www.training.gov.au) with the approval of the COAG Industry and Skills Council
(CISC), and includes any relevant replacement training package.
wage level A or B, 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.
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.
[2017] FWCFB 4457
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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:
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 rates
A.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 A.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
[2017] FWCFB 4457
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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
Plus 5 or more years out of school $635.10
NOTE: See clause A.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 A.6.2 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 A.4.3 for other minimum wage provisions that affect this
paragraph.
(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
[2017] FWCFB 4457
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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 $659.60 $685.10
B $636.30 $660.80
NOTE: See clause A.4.3 for other minimum wage provisions that affect
this paragraph.
A.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 A.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 $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
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NOTE: See paragraph (e) for calculating the actual minimum wage. See also
clause A.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 A.6.2 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 $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 (e) for calculating the actual minimum wage. See also
clause A.4.3 for other minimum wage provisions that affect this paragraph.
(c) 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 A.6 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
$10.27 $11.32
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NOTE: See paragraph (e) for calculating the actual minimum wage. See also
clause A.4.3 for other minimum wage provisions that affect this paragraph.
(d) 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 $21.69 $22.54
B $20.91 $21.72
NOTE: See paragraph (e) for calculating the actual minimum wage. See
also clause A.4.3 for other minimum wage provisions that affect this
paragraph.
(e) 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 A.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 A.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 A.4.2(a) to (d) minus 20% applies to
each ordinary hour worked by the trainee.
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A.4.3 Other minimum wage provisions
(a) Clause A.4.3 applies despite anything to the contrary in clause 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 (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.
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.
A.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 A.4.2(e)(ii) and (iii) and not by clause A.5.3.
A.5.5 Subject to clause A.4.2, 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:
[2017] FWCFB 4457
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A.6.1 Wage level A
Training package AQF certificate level
Construction, Plumbing and Services
Training Package
I, II, III
A.6.2 Wage level B
Training package AQF certificate level
MSF – Furnishing Training Package I, II, III
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Attachment G—Manufacturing and Associated Industries and
Occupations Award 2010— modified AMWU draft NTW
schedule
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 or B 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 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
[2017] FWCFB 4457
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(b) meets the requirements of a training package developed by the relevant
Industry Reference Committee of the applicable 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.
wage level A or B 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.
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.
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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:
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 rates
A.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
II–III traineeship whose training package and AQF certificate levels are
allocated to wage level A by clause A.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 II–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 II–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
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NOTE: See clause A.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 II–III traineeship whose training package and AQF certificate levels are
allocated to wage level B by clause A.6.2 is the weekly rate specified in
column 2 of Table 2—Wage level B minimum weekly rate for full-time
trainees (AQF Certificate Level II–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 II–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 A.4.3 for other minimum wage provisions that affect this
paragraph.
(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:
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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 $659.60 $685.10
B $636.30 $660.80
NOTE: See clause A.4.3 for other minimum wage provisions that affect
this paragraph.
A.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 II–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 4—Wage level A minimum hourly rate for part-time
trainees (AQF Certificate Level II–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 II–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 (e) for calculating the actual minimum wage. See also
clause A.4.3 for other minimum wage provisions that affect this paragraph.
(b) Wage level B
[2017] FWCFB 4457
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The minimum hourly rate for a part-time trainee undertaking an AQF
Certificate Level II–III traineeship whose training package and AQF certificate
levels are allocated to wage level B by clause A.6.2 is the hourly rate specified
in column 2 of Table 5—Wage level B minimum hourly rate for part-time
trainees (AQF Certificate Level II–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 II–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 (e) for calculating the actual minimum wage. See also
clause A.4.3 for other minimum wage provisions that affect this paragraph.
(c) 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 II–III traineeship whose
training package and AQF certificate levels are allocated to wage levels A, B
or C by clause A.6 is the hourly rate in column 1 or 2 of Table 6—Minimum
hourly rate for part-time trainees (school-based AQF Certificate Level II–
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 II–III traineeship)
Column 1
Year 11 or lower
Column 2
Year 12
per hour per hour
$10.27 $11.32
NOTE: See paragraph (e) for calculating the actual minimum wage. See also
clause A.4.3 for other minimum wage provisions that affect this paragraph.
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(d) 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 full-time adult trainee undertaking a part-
time 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 $21.69 $22.54
B $20.91 $21.72
(e) 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 A.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 A.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 A.4.2(a) to (d) 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.4.2.
[2017] FWCFB 4457
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(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.
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.
A.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 A.4.2(e)(ii) and (iii) and not by clause A.5.3.
A.5.5 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
Business Services I, II, III
Information and Communications
Technology
II, III
Laboratory Operations II, III
Manufacturing II, III
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Training package AQF certificate level
Metal and Engineering (Technical) III
Training and Assessment III
Transport and Logistics Distribution1 III
A.6.2 Wage level B
Training package AQF certificate level
Furnishing I, II, III
Metal and Engineering (Production) 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).
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Attachment H—Mobile Crane Hiring Award 2010—modified
CFMEU draft NTW schedule
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, 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 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
[2017] FWCFB 4457
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(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 Register of Vocational Education and Training (VET)
(www.training.gov.au) with the approval of the COAG Industry and Skills Council
(CISC), and includes any relevant replacement training package.
wage level A, 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.
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.
[2017] FWCFB 4457
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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:
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 rates
A.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 A.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 n/a n/a $409.60
Plus 1 year out of school n/a $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
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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
Plus 5 or more years out of school $635.10
NOTE: See clause A.4.3 for other minimum wage provisions that affect this
paragraph.
(b) 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 2—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 2—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
NOTE: See clause A.4.3 for other minimum wage provisions that affect
this paragraph.
A.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 A.6.1 is the hourly rate specified
in column 2 of Table 3—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.
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Table 3—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 n/a n/a $13.48
Plus 1 year out of school n/a $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 (c) for calculating the actual minimum wage. See also
clause A.4.3 for other minimum wage provisions that affect this paragraph.
(b) 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 4—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 4—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
NOTE: See paragraph (c) for calculating the actual minimum wage. See
also clause A.4.3 for other minimum wage provisions that affect this
paragraph.
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(c) 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 A.4.2(a) to (b) 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 A.4.2(a) to (b)
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 (b) 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.4.2.
(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.
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
[2017] FWCFB 4457
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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.
A.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 A.4.2(c)(ii) and (iii) and not by clause A.5.3.
A.5.5 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
Construction, Plumbing and Services
Training Package
III
Transport and Logistics Training Package1 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).
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Attachment I—Sugar Industry Award 2010—modified AMWU
draft NTW schedule
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 or B 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 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
Industry Reference Committee of the applicable Skills Service Organisation
and endorsed by the 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 Australian Industry and Skills Committee.
wage level A or B 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.
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.
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A.3 Types of traineeship
The following types of traineeship are available:
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 rates
A.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
II–III traineeship whose training package and AQF certificate levels are
allocated to wage level A by clause A.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 II–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 II–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 A.4.3 for other minimum wage provisions that affect this
paragraph.
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(b) Wage level B
The minimum rate for a full-time trainee undertaking an AQF Certificate
Level II–III traineeship whose training package and AQF certificate levels are
allocated to wage level B by clause A.6.2 is the weekly rate specified in
column 2 of Table 2—Wage level B minimum weekly rate for full-time
trainees (AQF Certificate Level II–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 II–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 A.4.3 for other minimum wage provisions that affect this
paragraph.
(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:
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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 $659.60 $685.10
B $636.30 $660.80
NOTE: See clause A.4.3 for other minimum wage provisions that affect
this paragraph.
A.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 II–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 4—Wage level A minimum hourly rate for part-time
trainees (AQF Certificate Level II–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 II–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 (e) for calculating the actual minimum wage. See also
clause A.4.3 for other minimum wage provisions that affect this paragraph.
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(b) Wage level B
The minimum hourly rate for a part-time trainee undertaking an AQF
Certificate Level II–III traineeship whose training package and AQF certificate
levels are allocated to wage level B by clause A.6.2 is the hourly rate specified
in column 2 of Table 5—Wage level B minimum hourly rate for part-time
trainees (AQF Certificate Level II–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 II–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 (e) for calculating the actual minimum wage. See also
clause A.4.3 for other minimum wage provisions that affect this paragraph.
(c) 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 II–III traineeship whose
training package and AQF certificate levels are allocated to wage levels A, B
or C by clause A.6 is the hourly rate in column 1 or 2 of Table 6—Minimum
hourly rate for part-time trainees (school-based AQF Certificate Level II–
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 II–III traineeship)
Column 1
Year 11 or lower
Column 2
Year 12
per hour per hour
$10.27 $11.32
NOTE: See paragraph (e) for calculating the actual minimum wage. See also
clause A.4.3 for other minimum wage provisions that affect this paragraph.
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(d) 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 $21.69 $22.54
B $20.91 $21.72
NOTE: See paragraph (e) for calculating the actual minimum wage. See
also clause A.4.3 for other minimum wage provisions that affect this
paragraph.
(e) 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 A.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 A.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 A.4.2(a) to (d) minus 20% applies to
each ordinary hour worked by the trainee.
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A.4.3 Other minimum wage provisions
(a) Clause A.4.3 applies despite anything to the contrary in clause 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 (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.
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.
A.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 A.4.2(e)(ii) and (iii) and not by clause A.5.3.
A.5.5 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
Business Services I, II, III
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Training package AQF certificate level
Food Processing Industry III
Information and Communications
Technology
II, III
Laboratory Operations II, III
Manufacturing II, III
Metal and Engineering (Technical) III
Training and Assessment III
Transport and Logistics Distribution1 III
A.6.2 Wage level B
Training package AQF certificate level
Food Processing Industry II
Sugar Milling 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).
[2017] FWCFB 4457
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Attachment J—Surveying Award 2010—modified AMWU draft
NTW schedule
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 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 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
Industry Reference Committee of the applicable Skills Service Organisation
and endorsed by the 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 Australian Industry and Skills Committee.
wage level A 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.
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 rates
A.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
II–III traineeship whose training package and AQF certificate levels are
allocated to wage level A by clause A.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 II–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 II–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 n/a n/a $409.60
Plus 1 year out of school n/a $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 A.4.3 for other minimum wage provisions that affect this
paragraph.
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(b) 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 2—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 2—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
NOTE: See clause A.4.3 for other minimum wage provisions that affect
this paragraph.
A.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 II–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 3—Wage level A minimum hourly rate for part-time
trainees (AQF Certificate Level II–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 A minimum hourly rate for part-time trainees (AQF
Certificate Level II–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
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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 4 years out of school $18.24 $20.88
Plus 5 or more years out of school $20.88
NOTE: See paragraph (d) for calculating the actual minimum wage. See also
clause A.4.3 for other minimum wage provisions that affect this paragraph.
(b) 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 level A by
clause A.6 is the hourly rate in column 1 or 2 of Table 4—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 4—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 (d) for calculating the actual minimum wage. See also
clause A.4.3 for other minimum wage provisions that affect this paragraph.
(c) 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 5—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:
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Table 5—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
NOTE: See paragraph (d) for calculating the actual minimum wage. See
also clause A.4.3 for other minimum wage provisions that affect this
paragraph.
(d) 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 A.4.2(a) to (c) 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 A.4.2(a) to (c)
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 (c) 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.4.2.
(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.
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85
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.
A.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 A.4.2(d)(ii) and (iii) and not by clause A.5.3.
A.5.5 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
Business Services III
Information and Communications
Technology
II, III
Metal and Engineering (Technical) III
Property Services II, III
Training and Assessment III
