[2017] FWCFB 4174
The attached document replaces the document previously issued with the above code on 15
August 2017.
The cross reference to [60] in paragraph [67] has been deleted and replaced with [65].
Ingrid Summers
On behalf of the Associate to Justice Ross
Dated 16 August 2017
1
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards—National Training Wage
(AM2016/15, AM2016/17)
JUSTICE ROSS, PRESIDENT
VICE PRESIDENT HATCHER
COMMISSIONER HUNT MELBOURNE, 15 AUGUST 2017
4 yearly review of modern awards – National Training Wage Schedule – Miscellaneous
Award – plain language re-draft.
Background
[1] In a Statement 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] In a decision1 issued on 9 June 2017 (the June 2017 decision) a reference term was
inserted into the 94 modern awards specified in Attachment A of that decision. Draft
Determinations giving effect to that decision were published on the Commission’s website on
13 June 2017 and interested parties were invited to comment. The Draft Determinations
removed the NTW Schedule from the specified awards and incorporated the NTW Schedule
by reference to the Miscellaneous Award 2010. Final determinations were issued and the
change came into operation on 1 July 2017.
[3] In a Statement2 issued on 23 February 2017 (the February 2017 Statement) the Full
Bench announced that the NTW Schedule of the Miscellaneous Award 2010 would be re-
drafted in plain language and a plain language draft of the NTW Schedule was published the
same day. Interested parties were invited to make submissions on the draft. This Decision
deals with the finalisation of the terms of the plain language NTW Schedule as part of the 4
yearly review of modern awards (the Review).
[4] In response to the February 2017 Statement, submissions were received from
Australian Industry Group (Ai Group), the Australian Manufacturing Workers’ Union
(AMWU), the Construction, Forestry, Mining and Energy Union – Construction and General
Division (CFMEU), the Motor Trade Association of South Australia (MTA (SA)), Master
Builders Australia (MBA) and the Housing Industry Association (HIA).
[5] A draft summary of submissions was published on the Commission’s website on 20
April 2017. Interested parties were invited to review the draft summary to ensure their
submissions were accurately characterised. No comments or submissions were received.
[2017] FWCFB 4174
DECISION
E AUSTRALIA FairWork Commission
[2017] FWCFB 4174
2
[6] The draft summary of submissions was sorted into outstanding and agreed issues, with
the outstanding contested issues appearing at items 1 to 9. Agreed issues appear at items 10 to
24.
[7] A conference was held on Friday 21 July 2017 to discuss the outstanding issues with
the NTW Schedule in the Miscellaneous Award 2010. The transcript of the conference is
available on the Commission’s website. The parties in attendance at the conference confirmed
the accuracy of the summary of submissions.
[8] As to the matters remaining in contention (items 1to 9) the outcome of the conference
was as follows:
Item 1: no longer pressed by Ai Group
Item 2: Ai Group to clarify its position, in writing, by 4.00 pm Friday 28 July 2017
Item 3: unresolved, to be determined on the papers
Item 4: unresolved, to be determined on the papers
Item 5: unresolved, to be determined on the papers
Item 6: Ai Group drew attention to the judgment of Katzmann J in CEPU v Excelior
Pty Ltd [2013] FCA 638 (28 June 2013)
Item 7: the proposal by MTA (SA) is opposed by both Ai Group and the AMWU on
the basis that it would effect a change to existing entitlements. Unresolved, to
be determined on the papers.
Item 8: Ai Group to contact MTA (SA) to ascertain whether this item and item 7 is
pressed or not, and to advise the Commission (amod@fwc.gov.au)
Item 9: unresolved, to be determined on the papers
[9] Following the conference a Statement3 was issued on 24 July 2017 (the July 2017
Statement), requesting the Ai Group to confirm its position with respect to item 2 and to
contact the MTA (SA) to ascertain if they wish to press items 7 and 8, and to advise the
Commission of their intent.
[10] The MTA (SA) outlined in correspondence dated 28 July 2017 that they wish to press
items 7 and 8 and rely on their earlier submissions (filed on 24 March 2017). The MTA then
filed a further submission on 1 August 2017 setting out their submissions in relation to item 7
and item 8. The Ai Group wrote to the Commission on 31 July 2017 stating that they do not
press their submission in relation to item 2.
[11] In the July 2017 Statement, parties were put on notice that any unresolved issues
would be determined on the basis of the submissions filed and if any party wished to file
further submissions or wanted an oral hearing they should contact the Commission. No
further submissions or requests for an oral hearing were received.
mailto:amod@fwc.gov.au
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/210717-am201615-201617.htm
[2017] FWCFB 4174
3
[12] We now deal briefly with the agreed matters relating to the NTW Schedule, before
turning to determine the outstanding contested issues.
Agreed issues
[13] In the summary of submissions document, the agreed issues appear at items 10 to 24.
These agreed matters were incorporated into the NTW Schedule that appeared at Attachment
B to a Statement issued on 21 June 20174. We briefly deal with each agreed matter below.
A.1.1 – Definitions of Industry Skills Council and National Quality Council
[14] Items 10 and 11 of the summary document relate to submissions made by the AMWU
regarding clause A.1.1 – Definitions. In relation to Item 10, parties agreed that the
‘traineeship’ definition needed to be updated by deleting the terms ‘Industry Skills Council’
and ‘National Quality Council’ and replacing them with ‘Skills Service Organisation’ and
‘Australian Industry and Skills Committee.’ We agree and this change will be made to the
NTW Schedule.
A.1.1 – Definition of ‘relevant Ministers’
[15] In relation to Item 11, the definition of ‘relevant Ministers’ has been retained to
reflect reference to this definition within the NTW Schedule.
A.3.2(b) – Part-time traineeships
[16] The types of traineeship clause for part-time employees is currently worded as
follows:
“E.4.2 a part-time traineeship based on less than 38 ordinary hours per week, with
20% of ordinary hours being approved training solely on-the-job or partly on-the-job
and partly off-the-job, or where training is fully off-the-job.
[17] The equivalent plain language clause is as follows:
“(b) a part-time traineeship based on fewer than 38 ordinary hours per week, with 20%
of those hours being approved training.”
[18] The Ai Group submit that the words “solely on-the-job or partly on-the-job” should be
re-inserted.5 The Ai Group is of the view that these words aid in understanding the basis upon
which a part-time traineeship may be undertaken. The MBA and the AMWU support the
submission of the Ai Group.
[19] We agree that the omitted words should be reinserted as they assist in understanding
the basis upon which part time traineeships are undertaken. We have decided to amend the
clause as follows:
‘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:
[2017] FWCFB 4174
4
(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
[20] Items 13, 14, 15, 16, 17, 19, 20, 21 and 22 of the summary document all relate to a
submission by the Ai Group that a number of subclauses in clause A.4.1 should be amended
to clarify that the clauses operate subject to clause A.4.36. The affected clauses are A.4.1(a),
A.4.1(b), A.4.1(c) and A.4.1(d)(i) and (ii).
[21] The Ai Group made a further submission that a number of subclauses in A.4.2 should
be amended to clarify that the clauses operate subject to clauses A.4.3 and A.4.2(f). The
affected clauses are A.4.2(a), A.4.2(b) and A.4.2(c).
[22] The AMWU supports the Ai Group submissions.7
[23] We propose to deal with the Ai Group submission by inclusion of the following notes:
‘NOTE: See clause A.4.3 for other minimum wage provisions that affect this paragraph.
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.’
[24] Item 18 of the summary document relates to a submission made by the MTA (SA) that
the title of clause A.4.2 should be amended to read ‘Minimum hourly rates for part-time
traineeships’ rather than the current wording of ‘minimum wages for part-time traineeships.’
We agree. We prefer the use of the word ‘rate’. The title of clause A.4.2 will be amended.
The word ‘wages’ has also been amended to ‘rates’ in a number of other clauses of the NTW
Schedule for consistency.
[25] Item 23 of the summary document relates to a submission made by the MTA (SA) that
the words ‘hourly minimum rate’ in clause A.4.2(f)(i) be amended to read ‘minimum hourly
rate’. We agree and this change will be made.
[26] Item 24 of the summary document refers to an incorrect clause reference appearing in
the note under clause A.5.3. The cross reference has been amended from clause 0 to clause
A.5.3. for the reasons set out at [57] this note has been removed.
[27] We now turn to deal with the outstanding contested issues which appear at items 3 to 9
of the summary of submissions document.
Outstanding contested issues
Item 3 – A.2.1 – Coverage
[28] The Ai Group submit that clause A.2.1 should be amended as follows (see item 3 of
the summary document):
“A.2.1 Subject to clauses A.2.2 to A.2.5, this schedule applies to in respect of an
employee covered by this award who is undertaking a traineeship and whose training
[2017] FWCFB 4174
5
package and AQF certificate level are allocated to a wage level by clause A.6 or by
clause A.4.4.”
[29] The Ai Group submit that the NTW Schedule creates entitlements for employees and
obligations on employers in relation to those employees. It says that it is not appropriate that
the application of the schedule be limited to employees only.
[30] We do not propose to make the change proposed. It seems to us that the expression
‘applies to an employee covered by this award is clearer and easier to understand than the
expression proposed by Ai Group. Further, we do not agree with the proposition that the
NTW Schedule does not impose obligations on employers. The NTW Schedule sets out
employee entitlements. It is implicit that such entitlements impose consequent obligations on
employers.
Item 4 – A.4 – Minimum rates
[31] The MBA has made a submission (see item 4 of the summary document) to delete,
from the end of a number of clauses, the words ‘and the experience level of the trainee
specified in column 1’.8 The clauses subject to the MBA submission are A.4.1(a), A.4.1(b),
A.4.1 (c), A.4.1(d)(ii), A.4.2(a), A.4.2(b) and A.4.2 (c).
[32] The MBA submit that these words should be deleted as they have no relevance to the
operation of time-based progression provisions contained within the Miscellaneous Award
NTW Schedule. No other party supported the position advanced by the MBA.
[33] The CFMEU opposes the deletion of these words on the basis that they clearly relate
to the title of Column 1 of the tables in the relevant clauses and have nothing to do with
competency-based progression.9 The AMWU also opposes the MBA submission, on the
ground that the reference to the ‘experience level of the trainee’ is not a reference to the
competency of the trainee but to the ascribed experience accruing over time after leaving
school.10
[34] We are not persuaded to make the change proposed by the MBA. The reference to
‘the experience level of the trainee’ is plainly not related to competency based progression
and simply refers to experience acquitted after leaving school by reference to the number of
years since the trainee left school.
Item 5 – Clause A.5.1 – Employment conditions
[35] Clause A.5 of the NTW Schedule is as follows:
‘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 4174
6
A.5.2 A trainee is entitled to be released from work without loss of pay and without loss of
continuity of employment to attend any training and assessment specified in, or associated
with, the training contract.
A.5.3 Time spent by a trainee, other than a trainee undertaking a school-based traineeship, in
attending any training and assessment specified in, or associated with, the training contract is
to be regarded as time worked for the employer for the purposes of calculating the trainee’s
wages and determining the trainee’s employment conditions.
NOTE: The time to be included for the purpose of calculating the wages for part-time trainees
whose approved training is fully off-the-job is determined by clause A.4.2(f)(ii) and not by
this clause.
A.5.4 Subject to clause A.2.4, this award applies to a trainee in the same way that it applies
to an employee who is not a trainee except as otherwise expressly provided by this schedule.’
(emphasis added)
[36] The Ai Group submit that the word “being” should be deleted from A.5.1. The Ai
Group submit that the words are unnecessary and may cause confusion. The Ai Group submit:
‘It is not the case that where a school-based trainee is paid an additional 25% loading, he/she is
entitled to (for instance) a form of leave called “annual leave” without pay. “Paid annual
leave” is a specific reference to the entitlement that arises under s.87 of the Act. Where the
25% loading is paid, the employee is does not accrue and therefore cannot take that form of
leave. Nor can they take paid personal/carer’s leave or paid compassionate leave.’11
[37] The AMWU oppose the Ai Group’s submission on the basis that if trainees are not
specifically excluded from an award provision, for example annual leave without pay, then
they are entitled to access the entitlement.12 The AMWU submit that the current drafting
should remain.
[38] We do not propose to amend clause A.5.1 in the manner suggested by the Ai Group.
Contrary to the Ai Group’s submission the expression ‘instead of being paid annual leave’
does not, of itself, give rise to any entitlement to unpaid annual leave. Any entitlement to
unpaid annual leave in such circumstances will depend on the terms of the relevant award.
Item 6 – Clause A.5.2 – Employment conditions
[39] The Ai Group seeks to amend clause A.5.2 as follows:
‘A trainee is entitled to be released from work without loss of pay and without loss of continuity
of employment and to payment of the appropriate wages to attend any training and assessment
specified in, or associated with, the training contract.’
[40] The Ai Group submit that the words without loss of pay may be interpreted to require
the payment of any amount that would have been payable to the employee had they instead
been working. Many award clauses presently adopt this phrase and are interpreted to have that
effect.
[41] The Ai Group rely on a Federal Court Decision13 (CEPU v Excelior Pty Ltd [2013]
FCA 638; ‘Excelior’). The question before the Court was whether the employer was obliged
by the terms of the Telecommunications Services Award 2010 (the TS Award) to pay for the
[2017] FWCFB 4174
7
cost of travel and related expenses incurred by an employee where the purpose of the travel
was to attend training and the training was a requirement of the job. The employee was
employed as a trainee technician engaged in a telecommunications traineeship. Clause 17.1(e)
of the TS Award provided:
Transfers, travelling and working away from usual place of work
(i) Distant work/travelling time payment
All reasonable out-of-pocket expenses incurred in connection with the employer’s business
authorised by the employer and properly paid by the employee will be reimbursed by the
employer.
Except as provided elsewhere in this award, an employee directed by the employer to travel
in the employee’s own time to transact company business will be paid travelling time and all
expenses incurred while travelling in accordance with clause 17.1(e)(ii). Further, an
employee sent by their employer from their usual locality to another and required to remain
away from their usual residence will be paid expenses while so absent from their usual
locality.
An employee is not entitled to be paid for travelling in the employee’s accustomed
workplace or territory. In circumstances where an employee is required to work away from
the accustomed workplace or territory and travels in the employee’s own time to reach such
place, the employee will be entitled to be paid for the time reasonably spent in travelling to
such place in excess of that which would be spent travelling from home to the accustomed
workplace or boundary of the accustomed territory.
[42] The NTW Schedule was set out at Schedule E of the TS Award. Clause E.6 dealt with
employment conditions for trainees and provided, relevantly,:
Employment conditions
...
E.6.2 A trainee is entitled to be released from work without loss of continuity of employment
and to payment of the appropriate wages to attend any training and assessment specified in, or
associated with, the training contract.
E.6.3 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.
E.6.4 Subject to clause E.3.5 of this schedule, all other terms and conditions of this award
apply to a trainee unless specifically varied by this schedule.
[43] The Ai Group rely on the following observations in Excelior regarding clause E.6.2:
‘66. Clause E.6.2 requires payment of the appropriate wages to attend training. Courts have
sometimes taken a broad view of the meaning of wages. The CEPU referred to the discussion
of the case law in the maritime context in my judgment in Visscher v Teekay Shipping
(Australia) Pty Ltd (No 4) (2012) 297 ALR 674; [2012] FCA 1247 (“Vischer”) at [81]. Indeed,
in one case meal allowances were held to be “wages”: The Tergeste [1903] P 26. In United
States Trust Company of New York v Master and Crew of Ship “Ionian Mariner” (1997) 77
FCR 563 Black CJ pointed out (at 582) that “[m]any emoluments and other advantages to
which a member of a crew has become entitled have been regarded as wages for the purpose of
a maritime lien” and that a “broad view of ‘wages’ will readily accommodate emoluments that
can be seen as surrounding the core concept of money paid as a recompense for work done
[2017] FWCFB 4174
8
under a contract of employment”. But the context in which these decisions were made is quite
different. Even if these cases were relevant to the interpretation of the TS award, which is
doubtful to say the least, none of them recognises a travel allowance as a wage. “Wages” is not
defined in the TS award and there is no definition in the Fair Work Act. The CEPU did not in
fact contend that “wages” was wide enough to include travelling allowances. In my opinion,
“wages” in cl E.6.2 has its ordinary meaning of a payment for services rendered. See Visscher
at [73], [75] where the relevant dictionary definitions appear. “Wages” would readily
encompass overtime and penalty rates (and probably also annual leave) as they are paid for
services rendered. But a travel allowance is not. The Navigation Act 1912 (Cth), with which
Visscher was concerned, defined “wages” as “includes emoluments”, probably reflecting the
position historically taken in maritime law. There is nothing in the TS award that implies that
“wages” was intended to include emoluments. Indeed, the distinction between wages and
conditions in cl E.6.3 might suggest otherwise.’14
[44] The Ai Group submit that the above extract supports its proposition that ‘wages’ in
clause E.6.2 does not incorporate all amounts that might otherwise have been payable under
the award to the trainee. Rather, it requires the payment of amounts due for ‘services
rendered’.15
[45] The AMWU supports the proposed drafting of clause A.5.2 and does not agree with
the proposition that the current term excludes, for example, travelling allowances.
[46] Whether trainees are entitled to travelling allowances depends on the context and
entitlements contained in a specific modern award. The term ‘at the appropriate wage’ is the
current expression and also one identified in the apprentice provisions of modern awards. The
terms ‘without loss of pay’ or ‘appropriate wage’ depends on the context of the award.16
[47] Contrary to the Ai Group’s submission Excelior does not stand for the general
proposition that clause E.6 is necessarily limited to amounts that might otherwise have been
payment for ‘services rendered’. As Katzmann J observed at [63] – [65]:
‘In its terms cl E.6.3 provides that time spent by a trainee in attending training is to be
regarded as time worked for the purposes of calculating the trainee’s wages and
determining the trainee’s employment conditions. It does not provide that attending
training is to be regarded as attending work. While some employment conditions may
be regarded as “wages” (see the discussion below), I am satisfied that the purpose of
this clause is to ensure that time spent in training counts towards both the calculation
of ordinary wages and the determination of those employment conditions which
depend on time worked. The most obvious examples of such a condition are long
service leave (where continuity of service is important) and annual leave (which is
given by the s 87(1) of the Fair Work Act as four weeks paid annual leave or five in the
case of certain shiftworkers for each year of service). But there are other examples.
Section 96(1) of the Fair Work Act, for instance, provides that employees are entitled to
10 days paid personal/carer’s leave for each year of service. Section 117 requires that
the minimum period of notice that an employer must give when terminating an
employee’s employment is to be calculated by reference to the employee’s period of
continuous service with the employer.
The primary judge was therefore correct to observe that cl E.6.3 is concerned with
remuneration for time spent in attending training and does not extend to time spent
travelling to and from training.
http://www.austlii.edu.au/au/legis/cth/consol_act/fwa2009114/s117.html
http://www.austlii.edu.au/au/legis/cth/consol_act/fwa2009114/
http://www.austlii.edu.au/au/legis/cth/consol_act/fwa2009114/s96.html
http://www.austlii.edu.au/au/legis/cth/consol_act/fwa2009114/
http://www.austlii.edu.au/au/legis/cth/consol_act/fwa2009114/s87.html
[2017] FWCFB 4174
9
The CEPU submitted that by the operation of cl E.6.4 all terms and conditions of
employment in the TS award apply to trainees, regardless of whether they are engaged
in work or training. I do not accept the submission. It seems to me that the intention of
the clause was to ensure that, save to the extent provided in the schedule, trainees were
not to be disadvantaged in comparison with other employees. So if an employee was
entitled to be paid for the time reasonably spent in travelling to a place where he or she
was required to work, then so was a trainee. Similarly, the employer must reimburse a
trainee, like any other employee, for reasonable out-of-pocket expenses he or she
incurs in connection with the employer’s business, provided they are authorised by the
employer and properly paid by the trainee. Thus, while it is true that the terms and
conditions of employment in the TS award include the entitlements conferred by cl
17.1(e), cl E.6.4 does not alter the meaning of “work” in that clause.’
[48] It is also clear from [57] –[58] of her Honour’s judgment that clause 17.1(e)(i) of the
TS Award does not encompass a requirement to attend training at a location away from the
workplace or places, as such a requirement is not a requirement ‘to work’. Further, as is
apparent from the passages set out above, clause E.6 of the NTW Schedule provides that time
spent by a trainee is to be regarded as time worked for the purposes of calculating the trainee’s
wages and determining the trainee’s employment conditions. It does not provide that
attending training is to be regarded as work.
[49] It seems to us that whether or not a trainee is entitled to the benefit of a particular
award entitlement, such as a travelling allowance when attending training depends on the
terms of the particular award (see, for example, CFMEU v Master Builders Group Training
Scheme Inc17).
[50] We are not persuaded to make the variation proposed. It seems to us that the
expression ‘entitled … to payment of appropriate wages’ is somewhat ambiguous and the
intended interaction between A.5.2 and A.5.3 and A.5.4 is uncertain. To the extent that there
is any ambiguity as to the particular award entitlements which are applicable to trainees, that
issue should be dealt with on application on an award by award basis. The ‘one size fits all’
approach advocated by Ai Group is not appropriate in these circumstances.
Item 7 and Item 8 – Clause A.5.3
[51] The MTA (SA) sought to amend clause A.5.3 and to delete the ‘NOTE’ after clause
A.5.3 as follows:
A.5.3 Time spent by a full time trainee, other than a trainee undertaking a school based
traineeship 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 in determining the a full time trainee’s employment conditions. The
weekly wages in A.4.1(a) to (d) includes payment for time worked and time spent in training.
NOTE: The time to be included for the purpose of calculating the wages for part-time trainees
whose approved training is fully off-the-job is determined by clause 0 and not by this clause.
A.5.4 ‘The time to be included for the purpose of calculating the wages for part-time
trainees (including a school-based trainee) is determined by A.4.2(f)(ii) and (iii) and not
A.5.3.’18
[2017] FWCFB 4174
10
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.
[52] The MTA (SA) seek the variation above for the following reasons:
‘ A full-time trainee is paid a weekly wage as set out in Tables 1-4 in A.4.1 for the
hours of work and training. These weekly wage rates in the NTW Schedule have
been ‘discounted’ by 20% to account for the time that is spent in training. So the
full-time trainee wage is to cover hours worked as well as time spent in training.
The hourly rates for part-time employees (including a school-based trainee) have not
been ‘discounted’ to account for time spent in training so the mix of training and
work has to be considered when calculating the wages of a part-time trainee. A
different calculation is used to calculate the wages depending on the type of training
that is undertaken.
The different types of training are referred to in A.4.2(f)(ii) and (iii).
School- based trainees are paid part-time hourly rates, as appropriate, in Table 8 of
A.4.2(d) as well as having regard to the ‘Employment conditions’ contained in
A.5.1.’19
[53] The AMWU oppose the change sought by MTA (SA) on the ground that the existing
clause only excludes “a trainee undertaking a school-based apprenticeship” and not all part-
time trainees. The AMWU argue that the proposal would significantly extend the scope of the
exclusion.20
[54] The Ai Group also opposes the changes to clause A.5.3 sought by MTA (SA) on the
basis that the provision was subject of the Excelior Federal Court Decision21 and that the
proposed change may lead to a further round of costly litigation.22
[55] Contrary to the submissions advanced by the AMWU and the Ai Group, MTA (SA)
contends that the variations proposed do not significantly broaden the scope of the exclusion
and nor do they amount a substantive change to the clause. This contention is advanced on the
basis that the current clause A.5.3 excludes ‘school based trainees’ and that the ‘Note’ at the
end of the clause also excludes part time trainees from clause A.5 for the purpose of
calculating the wages for part time trainees whose approved training is wholly off-the-job. It
is submitted that the change proposed only provides ‘further clarification on the application of
the clause’ and that ‘no substantive change is intended’.
[56] We accept the MTA (SA) does not intend to substantively change clause A.5.3 but we
are not persuaded that the proposed change is as benign as it described. The difficulty with
the proposal is that it removes (for part time trainees) the current position whereby time spent
attending training is to be regarded as time worked. There is no similar provision in either
A.4.2(f)(ii) or (iii). We think that the change proposed may be substantive and accordingly
we do not propose to make it as part of this exercise. In the event that MTA (SA) wishes to
pursue the issue they may make an application to vary the NTW Schedule in the
Miscellaneous Award 2010 once the plain language redrafting exercise is complete.
[57] We do propose to adopt MTA (SA)’s other proposal – the deletion of the ‘NOTE’ and
its replacement with a new clause A.5.4, in the terms set out above.
[2017] FWCFB 4174
11
[58] We do not propose to make the change sought by MTA (SA) to clause A.5.3, for the
reasons advanced by Ai Group.
Item 9 – Clause A.5.4 – Employment conditions
[59] The redrafted clause A.5.4 is as follows:
‘E.5.4 Subject to clause A.2.4, this award applies to a trainee in the same way that it applies to
an employee who is not a trainee except as otherwise expressly provided by this schedule.’
[60] Ai Group submit that clause A.5.4 should be amended to read as follows:
‘Subject to clause A.2.4, all other terms and conditions of this award apply to a trainee unless
specifically varied by this schedule.’
[61] Ai Group submit that an interpretation of the redrafted clause may have the effect of
narrowing the scope of an employer’s prerogative as to how a specific provision is applied to
its employees. They submit that this would amount to an alteration to the legal effect of the
clause.23
[62] We are not persuaded that the redrafted clause alters the legal effect of the current
provision and we do not propose to make the change sought.
[63] A determination giving effect to this decision will be issued shortly.
Award specific schedules
[64] In 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.
Applications were made by the AMWU and the CFMEU to maintain award-specific
schedules in a number of awards.
[65] In the June 2017 decision24 we confirmed that award-specific schedules will be
maintained in the following nine modern 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;
Sugar Industry Award 2010; and
Surveying Award 201025.
[66] The decision 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. When tailored to each award,
these schedules will be consistent with the final plain language NTW Schedule.
[2017] FWCFB 4174
12
[67] We propose to publish draft schedules for each of the nine awards listed at paragraph
[65] above in the week commencing 21 August 2017. Interested parties will be given an
opportunity to comment on the award specific schedules. These comments on the award
specific schedules are to be filed no later than 4.00 pm Friday 8 September 2017. Any party
wishing to reply to material filed are to do so no later than 4.00 pm on Friday 22 September
2017.
Next Steps
[68] An updated draft NTW Schedule that we propose to insert into the Miscellaneous
Award 2010 is set out at Attachment A to this decision. Parties are directed to file any
comments on the updated draft no later than 4.00 pm Friday 18 August 2017. All comments
are to be sent to amod@fwc.gov.au. A determination varying the schedule in the
Miscellaneous Award 2010 will then be issued.
[69] In relation to the award specific schedules (outlined at paragraphs [64] – [67] above),
interested parties are to comment on the schedules no later than 4.00 pm on Friday 8
September 2017. 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 are to do so no later
than 4.00 pm on Friday 22 September 2017. All submissions are to be sent to
amod@fwc.gov.au.
[70] We propose to determine whether award specific NTW schedules are to be included in
the nine modern awards set out at [65] above and, if so, the content of the schedule, on the
papers. Any request for an oral hearing is to be made by no later than 4pm on Tuesday 25
September, 2017 and to be sent to amod@fwc.gov.au.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
Price code G, PR595249
1 [2017] FWCFB 3176
2 Statement, 23 February 2017
3 [2017] FWC 3874
4 [2017] FWCFB 3349
5 Submission, 29 July 2017, paragraph 24 – 25
6 Ibid, at paragraph 29 – 33
7 Submission, 7 April 2017, paragraph 7 – 9
8 Submission, 17 March 2017, paragraph 3.4
9 Submission, 6 April 2017, paragraph 13
10 Submission, 7 April 2017, paragraph 17
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-amwu-070417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-cfmeu-060417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-mba-170317.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-amwu-070417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201617-subs-aig-290716.pdf
https://www.fwc.gov.au/documents/decisionssigned/html/2017fwcfb1095.htm
mailto:amod@fwc.gov.au
mailto:amod@fwc.gov.au
mailto:amod@fwc.gov.au
[2017] FWCFB 4174
13
11 Submission, 24 March 2017, paragraph 45 – 46
12 Submission, 7 April 2017, paragraph 10 – 11
13 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v
Excelior Pty Ltd [2013] FCA 638 at [66]
14 Submission, 24 March 2017, paragraph 47
15 Ibid, paragraph 48
16 Submission, 7 April 2017, paragraph 12 – 15
17 (2007) 168 IR 164
18 Submission, 24 March 2017, paragraph 2.2.4
19 Submission, 24 March 2017, paragraph 2.2.3
20 Submission, 7 April 2017, paragraph 19
21 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v
Excelior Pty Ltd [2013] FCA 638
22 Submission, 11 April 2017, paragraph 10 – 12
23 Submission, 24 March 2017 at para 52-59
24 [2017] FWCFB 3176
25 The Surveying Award 2010 does not currently have a NTW Schedule.
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-mtasa-240317.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-mtasa-240317.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-amwu-070417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-aig-240317.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-rep-amwu-070417.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-17-sub-aig-240317.pdf
14
Attachment A—Plain language draft of Miscellaneous Award 2010 NTW Schedule
Note: changes have been tracked using red text to highlight proposed changes as a result
of this decision.
Schedule A—National Training Wage
A.1 Definitions
A.1.1 In this schedule:
adult trainee means a trainee who would qualify for the highest minimum wage in
wage level A, B or C if covered by that wage level.
approved training, in relation to a trainee, means the training specified in the training
contract of the trainee.
Australian Qualifications Framework (AQF) means the national framework for
qualifications in post-compulsory education and training.
relevant Ministers means the Commonwealth, State and Territory Ministers
responsible for vocational education and training.
relevant State or Territory training authority means a body in the relevant State or
Territory that has power to approve traineeships, and to register training contracts,
under the relevant State or Territory vocational education and training legislation.
relevant State or Territory vocational education and training legislation means
the following or any successor legislation:
Apprenticeship and Traineeship Act 2001 (NSW);
Education and Training Reform Act 2006 (Vic);
Training and Skills Development Act 2008 (SA);
Training and Skills Development Act 2016 (NT);
Training and Tertiary Education Act 2003 (ACT);
Training and Workforce Development Act 2013 (Tas);
Vocational Education and Training Act 1996 (WA);
Further Education and Training Act 2014 (Qld) Vocational Education,
Training and Employment Act 2000 (Qld).
trainee means an employee undertaking a traineeship under a training contract.
traineeship means a system of training that:
(a) has been approved by the relevant State or Territory training authority; and
[2017] FWCFB 4174
15
(b) meets the requirements of a training package developed by the relevant
Industry Skills Council Skills Service Organisation and endorsed by the National
Quality Council Australian Industry and Skills Committee; and
(c) leads to an AQF certificate level qualification.
training contract means an agreement for a traineeship made between an employer
and an employee that is registered by the relevant State or Territory training authority.
training package means the competency standards and associated assessment
guidelines for an AQF certificate level qualification that have been endorsed for an
industry or enterprise by the National Quality Council Australian Industry and Skills
Committee and placed on the National Training Information Service with the approval
of the relevant Ministers, and includes any relevant replacement training package.
wage level A, B or C, see clause A.4.
Year 10 includes any year before Year 10.
A.1.2 A reference in this schedule to out of school refers only to periods out of school
beyond Year 10 as at 1 January in each year and is taken to:
(a) include any period of schooling beyond Year 10 that was not part of, or did not
contribute to, a completed year of schooling; and
(b) include any period during which a trainee repeats, in whole or part, a year of
schooling beyond Year 10; and
(c) not include any period during a calendar year after the completion during that
year of a year of schooling.
A.2 Coverage
A.2.1 Subject to clauses A.2.2 to A.2.5, this schedule applies to an employee covered by this
award who is undertaking a traineeship and whose training package and AQF
certificate level are allocated to a wage level by clause A.6 or by clause A.4.4.
A.2.2 This schedule only applies to AQF Certificate Level IV traineeships for which a
relevant AQF Certificate Level III traineeship is listed in clause A.6.
A.2.3 This schedule does not apply to:
(a) the apprenticeship system; or
(b) qualifications not identified in training packages; or
(c) qualifications in training packages that are not identified as appropriate for a
traineeship.
[2017] FWCFB 4174
16
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 Wages Rates
A.4.1 Minimum wages weekly rates for full-time traineeships
(a) Wage level A
Subject to clause A.4.3, The minimum wage rate for a full-time trainee
undertaking a full-time AQF Certificate Level I–III traineeship whose training
package and AQF certificate levels are allocated to wage level A by
clause A.6.1 is the weekly wage rate specified in column 2 of Table 1—Wage
level A minimum weekly wage rate for full-time trainees (AQF Certificate
Level I–III traineeship) according to the highest year of schooling completed
by the trainee specified in that column and the experience level of the trainee
specified in column 1.
Table 1—Wage level A minimum weekly wage rate for full-time trainees
(AQF Certificate Level I–III traineeship)
Column 1
Experience level of trainee
Column 2
Highest year of schooling completed
Year 10 Year 11 Year 12
per week per week per week
School leaver $302.20 $332.80 $396.50
Plus 1 year out of school $332.80 $396.50 $461.40
Plus 2 years out of school $396.50 $461.40 $537.00
[2017] FWCFB 4174
17
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 3 years out of school $461.40 $537.00 $614.80
Plus 4 years out of school $537.00 $614.80
Plus 5 or more years out of school $614.80
NOTE: See clause A.4.3 for other minimum wage provisions that affect this paragraph.
(b) Wage level B
Subject to clause A.4.3, The minimum wage rate for a full-time trainee
undertaking a AQF Certificate Level I–III traineeship whose training package
and AQF certificate levels are allocated to wage level B by clause A.6.2 or by
clause A.4.4 is the weekly wage rate specified in column 2 of Table 2—Wage
level B minimum weekly wage rate for full-time trainees (AQF Certificate
Level I–III traineeship) according to the highest year of schooling completed
by the trainee specified in that column and the experience level of the trainee
specified in column 1.
Table 2—Wage level B minimum weekly wage rate for full-time trainees
(AQF Certificate Level I–III traineeship)
Column 1
Experience level of trainee
Column 2
Highest year of schooling completed
Year 10 Year 11 Year 12
per week per week per week
School leaver $302.20 $332.80 $385.80
Plus 1 year out of school $332.80 $385.80 $443.80
Plus 2 years out of school $385.80 $443.80 $520.40
Plus 3 years out of school $443.80 $520.40 $593.60
Plus 4 years out of school $520.40 $593.60
Plus 5 or more years out of school $593.60
NOTE: See clause A.4.3 for other minimum wage provisions that affect this paragraph.
(c) Wage level C
Subject to clause A.4.3, The minimum wage rate for a full-time trainee
undertaking a AQF Certificate Level I–III traineeship whose training package
and AQF certificate levels are allocated to wage level C by clause A.6.3 is the
[2017] FWCFB 4174
18
weekly wage rate specified in column 2 of Table 3—Wage level C minimum
weekly wage rate for full-time trainees (AQF Certificate Level I–III
traineeship) according to the highest year of schooling completed by the trainee
specified in that column and the experience level of the trainee specified in
column 1.
Table 3—Wage level C minimum weekly wage rate for full-time trainees
(AQF Certificate Level I–III traineeship)
Column 1
Experience level of trainee
Column 2
Highest year of schooling completed
Year 10 Year 11 Year 12
per week per week per week
School leaver $302.20 $332.80 $385.80
Plus 1 year out of school $332.80 $385.80 $434.30
Plus 2 years out of school $385.80 $434.30 $485.20
Plus 3 years out of school $434.30 $485.20 $540.60
Plus 4 years out of school $485.20 $540.60
Plus 5 or more years out of school $540.60
NOTE: See clause A.4.3 for other minimum wage provisions that affect this paragraph.
(d) AQF Certificate Level IV traineeships
(i) Subject to clause A.4.3, The for a trainee undertaking a full-time AQF
Certificate Level IV traineeship are the minimum wage rate for the
relevant full-time AQF Certificate Level III traineeship increased by
3.8%.
(ii) Subject to clause A.4.3, The minimum weekly wage rate for an adult
trainee undertaking a full-time AQF Certificate Level IV traineeship is
the weekly wage rate specified in column 2 or 3 of Table 4—Minimum
weekly wage rate for full-time adult trainees (AQF Certificate Level IV
traineeship according to the year of the traineeship specified in those
columns and the relevant wage level for the relevant AQF Certificate
Level III traineeship specified in column 1:
Table 4—Minimum weekly wage rate for full-time adult trainees
(AQF Certificate Level IV traineeship)
Column 1
Wage level
Column 2
First year of
traineeship
Column 3
Second and subsequent
years of traineeship
per week per week
[2017] FWCFB 4174
19
Column 1
Wage level
Column 2
First year of
traineeship
Column 3
Second and subsequent
years of traineeship
per week per week
A $638.50 $663.20
B $616.00 $639.70
C $560.60 $581.80
NOTE: See clause A.4.3 for other minimum wage provisions that affect this paragraph.
A.4.2 Minimum wages hourly rates for part-time traineeships
(a) Wage level A
Subject to clauses A.4.2(f) and A.4.3, the minimum hourly rate for a trainee
undertaking a part-time AQF Certificate Level I–III traineeship whose training
package and AQF certificate levels are allocated to wage level A by
clause A.6.1 is the hourly rate specified in column 2 of Table 5—Wage level A
minimum hourly rate for part-time trainees (AQF Certificate Level I–III
traineeship) according to the highest year of schooling completed by the trainee
specified in that column and the experience level of the trainee specified in
column 1.
Table 5—Wage level A minimum hourly rate for part-time trainees (AQF
Certificate Level I–III traineeship)
Column 1
Experience level of trainee
Column 2
Highest year of schooling completed
Year 10 Year 11 Year 12
per hour per hour per hour
School leaver $9.94 $10.96 $13.05
Plus 1 year out of school $10.96 $13.05 $15.19
Plus 2 years out of school $13.05 $15.19 $17.66
Plus 3 years out of school $15.19 $17.66 $20.21
Plus 4 years out of school $17.66 $20.21
Plus 5 or more years out of school $20.21
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
[2017] FWCFB 4174
20
Subject to clauses A.4.2(f) and A.4.3, the minimum hourly rate for a part-time
trainee undertaking a AQF Certificate Level I–III traineeship whose training
package and AQF certificate levels are allocated to wage level B by
clause A.6.1 or by clause A.4.4 is the hourly rate specified in column 2 of
Table 6—Wage level B minimum hourly rate for part-time trainees (AQF
Certificate Level I–III traineeship) according to the highest year of schooling
completed by the trainee specified in that column and the experience level of
the trainee specified in column 1.
Table 6—Wage level B minimum hourly rate for part-time trainees (AQF
Certificate Level I–III traineeship)
Column 1
Experience level of trainee
Column 2
Highest year of schooling completed
Year 10 Year 11 Year 12
per hour per hour per hour
School leaver $9.94 $10.96 $12.70
Plus 1 year out of school $10.96 $12.70 $14.60
Plus 2 years out of school $12.70 $14.60 $17.13
Plus 3 years out of school $14.60 $17.13 $19.54
Plus 4 years out of school $17.13 $19.54
Plus 5 or more years out of school $19.54
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
Subject to clauses A.4.2(f) and A.4.3, the minimum hourly rate for a part-time
trainee undertaking a AQF Certificate Level I–III traineeship whose training
package and AQF certificate levels are allocated to wage level C by
clause A.6.1 is the hourly rate specified in column 2 of Table 7—Wage level C
minimum hourly rate for part-time trainees (AQF Certificate Level I–III
traineeship) according to the highest year of schooling completed by the trainee
specified in that column and the experience level of the trainee specified in
column 1.
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
[2017] FWCFB 4174
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
School leaver $9.94 $10.96 $12.70
Plus 1 year out of school $10.96 $12.70 $14.28
Plus 2 years out of school $12.70 $14.28 $15.95
Plus 3 years out of school $14.28 $15.95 $17.78
Plus 4 years out of school $15.95 $17.78
Plus 5 or more years out of school $17.78
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
Subject to clauses A.4.2(f) and A.4.3 A.4.1, the minimum hourly rate for a
part-time trainee who works ordinary hours and is undertaking a school-based
AQF Certificate Level I–III traineeship whose training package and AQF
certificate levels are allocated to wage levels A, B or C by clause A.6 or by
clause A.4.4 is the hourly rate in column 1 or 2 of Table 8—Minimum hourly
rate for part-time trainees (school-based AQF Certificate Level I–III
traineeship) according to the year of schooling of the trainee.
Table 8—Minimum hourly rate for part-time trainees (school-based
AQF Certificate Level I–III traineeship)
Column 1
Year 11 or lower
Column 2
Year 12
per hour per hour
$9.94 $10.96
(e) AQF Certificate Level IV traineeships
(i) Subject to clauses A.4.2(f) and A.4.1, the minimum hourly rate for a
trainee undertaking a part-time AQF Certificate Level IV traineeship is
the minimum hourly rate for the relevant part-time AQF Certificate
Level III traineeship increased by 3.8%.
(ii) Subject to clauses A.4.2(f) and A.4.1, the minimum hourly rate for an
adult trainee undertaking a part-time AQF Certificate Level IV
traineeship is the hourly rate in column 2 or 3 of Table 9—Minimum
hourly rate for adult part-time trainees (AQF Certificate Level IV
[2017] FWCFB 4174
22
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 adult part-time trainees
(AQF Certificate Level IV traineeship)
Column 1
Wage level
Column 2
First year of
traineeship
Column 3
Second and subsequent
years of traineeship
per hour per hour
A $21.00 $21.82
B $20.24 $21.03
C $18.44 $19.15
(f) Calculating the actual minimum wage
(i) If fewer than 38 (or an average of 38) ordinary hours of work per week is
considered full-time at the workplace by the employer, the appropriate
hourly minimum hourly rate for a part-time trainee is obtained by
multiplying the relevant minimum hourly rate in clauses A.4.2(a) to (e)
by 38 and then dividing the figure obtained by the full-time ordinary
hours of work per week.
(ii) If the approved training for a part-time traineeship is provided fully
wholly off-the-job by a registered training organisation, for example at
school or at TAFE, the relevant minimum hourly rate in clauses A.4.2(a)
to (e) applies to each ordinary hour worked by the trainee.
(iii) If the approved training for a part-time traineeship is undertaken solely
on-the-job or partly on-the-job and partly off-the-job, the relevant
minimum hourly rate in clauses A.4.2(a) to (e) minus 20% applies to
each ordinary hour worked by the trainee.
A.4.3 Other minimum wage provisions
(a) Clause A.4.3 applies despite anything to the contrary in clause A.4.4 or A.4.2.
(b) An employee who was employed by an employer immediately before
becoming a trainee with that employer must not suffer a reduction in their
minimum rate of pay because of becoming a trainee.
(c) For the purpose of determining whether a trainee has suffered a reduction as
mentioned in paragraph (a), casual loadings are to be disregarded.
(d) If a qualification is converted from an AQF Certificate Level II to an AQF
Certificate Level III traineeship, or from an AQF Certificate Level III to an
[2017] FWCFB 4174
23
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.
NOTE:
A.5.4 The time to be included for the purpose of calculating the wages for part-time
trainees whose approved training is fully wholly off-the-job is determined by
clause A.4.2(f)(ii) and (iii) and not by this clause A.5.3.
A.5.45 Subject to clause A.2.4, this award applies to a trainee in the same way that it applies
to an employee who is not a trainee except as otherwise expressly provided by this
schedule.
A.6 Allocation of Traineeships to Wage Levels
The wage levels applying to training packages and their AQF certificate levels are:
A.6.1 Wage level A
Training package AQF certificate level
Aeroskills II
Aviation I, II, III
[2017] FWCFB 4174
24
Training package AQF certificate level
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
Services
II, III
Plastics, Rubber and Cablemaking III
[2017] FWCFB 4174
25
Training package AQF certificate level
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
[2017] FWCFB 4174
26
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).
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201487-corr-rtbu-201014.pdf
[2017] FWCFB 4174
27
NOTE 2 The Professional Golfers’ Association propose the addition of a ‘Golf Clubs and
Facilities’ training package in Wage Level B (see submission dated 28 September 2015).
NOTE 3 The National Farmers’ Federation proposed replacing the three existing training
packages titled ‘Agri-Food, Amenity Horticulture, and Conservation and Land Management’ with
one consolidated training package titled ‘Agriculture, Horticulture and Conservation and Land
Management’ (see submission dated 29 July 2016).
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201617-subs-nff-290716.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014256-sub-pgoa-280915.pdf
