MA000142 PR707584

FAIR WORK COMMISSION

DETERMINATION

Fair Work Act 2009
s.285—Annual wage review

Annual Wage Review 2018–19
(C2019/1)

AUSTRALIAN FEDERAL POLICE ENTERPRISE AWARD 2016
[MA000142]


Federal police operations
JUSTICE ROSS, PRESIDENT VICE PRESIDENT HATCHER DEPUTY PRESIDENT ASBURY COMMISSIONER HAMPTON PROFESSOR RICHARDSON MR GIBBS MR APTED	SYDNEY, 20 JUNE 2019

Annual Wage Review 2018–19.

A. Further to the decision issued by the Expert Panel in the Annual Wage Review
2018–19 on 30 May 2019 [[2019] FWCFB 3500], the above award is varied as follows:

1. By deleting the table appearing in clause 9.2 and inserting the following:

Classifications	Minimum rate $	Hourly rate $
Level 1	41,825	20.04
Level 2	43,894	21.04
Level 3	48,866	23.42
Level 4	56,129	26.90
Level 5	63,185	30.28
Level 6	77,340	37.06
Level 7	85,615	41.03
Level 8	93,890	45.00
Executive Level	109,448	52.45

2. By deleting the amount “$21.61” appearing in clause 10.3 and inserting “$22.27”.

3. By deleting the amount “$21.61” appearing in clause 10.4 and inserting “$22.27”.

4. By deleting the amount “$2.58” appearing in clause 10.5 and inserting “$2.66”.

5. By deleting the amount “$1426.60” appearing in clause 10.6(a) and inserting “$1469.92”.

6. By deleting the amount “$25.37” appearing in clause 14.7(b) and inserting “$26.14”.

7. By deleting the table appearing in clause B.1 and inserting the following:

	Day
	Ordinary rate $
Level 1	20.04
Level 2	21.04
Level 3	23.42
Level 4	26.90
Level 5	30.28
Level 6	37.06
Level 7	41.03
Level 8	45.00
Executive Level	52.45

8. By deleting the table appearing in clause B.2 and inserting the following:

	Monday - Friday (other than night shift)	Monday to Friday on a full night shift	Monday to Friday (overtime on night shift for employee on night shift for seven shifts in any period of 28 days)	Saturday and Sunday	Public holiday
	150%	175%	200%	200%	250%
	$	$	$	$	$
Level 1	30.06	35.07	40.08	40.08	50.10
Level 2	31.56	36.82	42.08	42.08	52.60
Level 3	35.13	40.99	46.84	46.84	58.55
Level 4	40.35	47.08	53.80	53.80	67.25
Level 5	45.42	52.99	60.56	60.56	75.70
Level 6	55.59	64.86	74.12	74.12	92.65
Level 7	61.55	71.80	82.06	82.06	102.58
Level 8	67.50	78.75	90.00	90.00	112.50
Executive Level	78.68	91.79	104.90	104.90	131.13

9. By deleting the table appearing in clause B.3 and inserting the following:

	Day	Morning and afternoon shift	Afternoon shift	Night	Night shift-additional provision night	Saturday	Sunday	Public holiday
	100%	115%	115%	122.5%	150%	150%	200%	250%
	$	$	$	$	$	$	$	$
Level 1	20.04	23.05	23.05	24.55	30.06	30.06	40.08	50.10
Level 2	21.04	24.20	24.20	25.77	31.56	31.56	42.08	52.60
Level 3	23.42	26.93	26.93	28.69	35.13	35.13	46.84	58.55
Level 4	26.90	30.94	30.94	32.95	40.35	40.35	53.80	67.25
Level 5	30.28	34.82	34.82	37.09	45.42	45.42	60.56	75.70
Level 6	37.06	42.62	42.62	45.40	55.59	55.59	74.12	92.65
Level 7	41.03	47.18	47.18	50.26	61.55	61.55	82.06	102.58
Level 8	45.00	51.75	51.75	55.13	67.50	67.50	90.00	112.50
Executive Level	52.45	60.32	60.32	64.25	78.68	78.68	104.90	131.13

10. By deleting the table appearing in clause B.4 and inserting the following:

	Day	Morning and afternoon shift	Afternoon shift	Night	Night shift-additional provision night	Saturday	Sunday	Public holiday
	125%	140%	140%	147.5%	175%	175%	225%	275%
	$	$	$	$	$	$	$	$
Level 1	25.05	28.06	28.06	29.56	35.07	35.07	45.09	55.11
Level 2	26.30	29.46	29.46	31.03	36.82	36.82	47.34	57.86
Level 3	29.28	32.79	32.79	34.54	40.99	40.99	52.70	64.41
Level 4	33.63	37.66	37.66	39.68	47.08	47.08	60.53	73.98
Level 5	37.85	42.39	42.39	44.66	52.99	52.99	68.13	83.27
Level 6	46.33	51.88	51.88	54.66	64.86	64.86	83.39	101.92
Level 7	51.29	57.44	57.44	60.52	71.80	71.80	92.32	112.83
Level 8	56.25	63.00	63.00	66.38	78.75	78.75	101.25	123.75
Executive Level	65.56	73.43	73.43	77.36	91.79	91.79	118.01	144.24

11. By deleting the table appearing in clause B.5 and inserting the following:

	Monday - Friday	Saturday - first 3 hours	Saturday - after 3 hours	Sunday - all day	Public holiday - all day
	$	$	$	$	$
	150%	150%	200%	200%	200%
Level 1	30.06	30.06	40.08	40.08	40.08
Level 2	31.56	31.56	42.08	42.08	42.08
Level 3	35.13	35.13	46.84	46.84	46.84
Level 4	40.35	40.35	53.80	53.80	53.80
Level 5	45.42	45.42	60.56	60.56	60.56
Level 6	55.59	55.59	74.12	74.12	74.12
Level 7	61.55	61.55	82.06	82.06	82.06
Level 8	67.50	67.50	90.00	90.00	90.00
Executive Level	78.68	78.68	104.90	104.90	104.90

12. By deleting clause C.1 and inserting the following:

C.1 Wage-related allowances

The wage related allowances in this award are based on the standard rate as defined in Schedule F as the AFP Band 2 = $21.04.

Allowance	Clause	Payable	% of standard rate	$
Diving allowance	10.3	per day	105.84	22.27
Explosives harmless allowance	10.4	per occasion	105.84	22.27
Static duty allowance	10.5	per hour or part thereof	12.65	2.66
Coroner's officer allowance	10.6(a)	per annum	6986.3	1469.92
On-call allowance	14.7(b)	Per occasion	124.24	26.14

13. By deleting clause E.5 and inserting the following:

E.5 Minimum Wages

E.5.1 Minimum wages for full-time traineeships

(a) Wage Level A

Subject to clause E.5.3 of this schedule, the minimum wages for a 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 E.7 are:


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per week	per week	per week
	$	$	$
School leaver	332.80	366.50	436.60
Plus 1 year out of school	366.50	436.60	508.10
Plus 2 years out of school	436.60	508.10	591.30
Plus 3 years out of school	508.10	591.30	677.00
Plus 4 years out of school	591.30	677.00
Plus 5 or more years out of school	677.00

(b) Wage Level B


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per week	per week	per week
	$	$	$
School leaver	332.80	366.50	424.80
Plus 1 year out of school	366.50	424.80	488.60
Plus 2 years out of school	424.80	488.60	573.10
Plus 3 years out of school	488.60	573.10	653.70
Plus 4 years out of school	573.10	653.70
Plus 5 or more years out of school	653.70

(c) Wage Level C


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per week	per week	per week
	$	$	$
School leaver	332.80	366.50	424.80
Plus 1 year out of school	366.50	424.80	478.20
Plus 2 years out of school	424.80	478.20	534.30
Plus 3 years out of school	478.20	534.30	595.20
Plus 4 years out of school	534.30	595.20
Plus 5 or more years out of school	595.20

(d) AQF Certificate Level IV traineeships

(i) Subject to clause E.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level IV traineeship are the minimum wages for the relevant full-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.

(ii) Subject to clause E.5.3 of this schedule, the minimum wages for an adult trainee undertaking a full-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

Wage level	First year of traineeship	Second and subsequent years of traineeship
	per week	per week
	$	$
Wage Level A	703.20	730.40
Wage Level B	678.40	704.40
Wage Level C	617.40	640.70

E.5.2 Minimum wages for part-time traineeships

(a) Wage Level A

Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum wages 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 E.7 are:


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per hour	per hour	per hour
	$	$	$
School leaver	10.95	12.07	14.37
Plus 1 year out of school	12.07	14.37	16.73
Plus 2 years out of school	14.37	16.73	19.45
Plus 3 years out of school	16.73	19.45	22.26
Plus 4 years out of school	19.45	22.26
Plus 5 or more years out of school	22.26

(b) Wage Level B


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per hour	per hour	per hour
	$	$	$
School leaver	10.95	12.07	13.99
Plus 1 year out of school	12.07	13.99	16.08
Plus 2 years out of school	13.99	16.08	18.87
Plus 3 years out of school	16.08	18.87	21.52
Plus 4 years out of school	18.87	21.52
Plus 5 or more years out of school	21.52

(c) Wage Level C


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per hour	per hour	per hour
	$	$	$
School leaver	10.95	12.07	13.99
Plus 1 year out of school	12.07	13.99	15.73
Plus 2 years out of school	13.99	15.73	17.57
Plus 3 years out of school	15.73	17.57	19.58
Plus 4 years out of school	17.57	19.58
Plus 5 or more years out of school	19.58

(d) School-based traineeships

Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum wages for a trainee 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 E.7 are as follows when the trainee works ordinary hours:


Year of schooling
Year 11 or lower	Year 12
per hour	per hour
$	$
10.95	12.07

(e) AQF Certificate Level IV traineeships

(i) Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level IV traineeship are the minimum wages for the relevant part-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.

(ii) Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum wages for an adult trainee undertaking a part-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

Wage level	First year of traineeship	Second and subsequent years of traineeship
	per hour	per hour
	$	$
Wage Level A	23.12	24.03
Wage Level B	22.29	23.15
Wage Level C	20.31	21.08

(f) Calculating the actual minimum wage

(i) Where the full-time ordinary hours of work are not 38 or an average of 38 per week, the appropriate hourly minimum wage is obtained by multiplying the relevant minimum wage in clauses E.5.2(a)–(e) of this schedule by 38 and then dividing the figure obtained by the full-time ordinary hours of work per week.

(ii) Where the approved training for a part-time traineeship is provided fully off-the-job by a registered training organisation, for example at school or at TAFE, the relevant minimum wage in clauses E.5.2(a)–(e) of this schedule applies to each ordinary hour worked by the trainee.

(iii) Where 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 wage in clauses E.5.2(a)–(e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.

E.5.3 Other minimum wage provisions

(a) An employee who was employed by an employer immediately prior to becoming a trainee with that employer must not suffer a reduction in their minimum wage per week or per hour by virtue of becoming a trainee. Casual loadings will be disregarded when determining whether the employee has suffered a reduction in their minimum wage.

(b) 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, where a higher minimum wage is provided for the new AQF certificate level.

E.5.4 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 E.7 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.

B. This determination comes into operation from 1 July 2019. In accordance with s.166(5) of the Fair Work Act 2009 this determination does not take effect until the start of the first full pay period that starts on or after 1 July 2019.

PRESIDENT

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