AP789529CRV - Metal, Engineering and Associated Industries Award 1998
PART 5 -RATES OF PAY AND RELATED MATTERS
5.1 CLASSIFICATIONS AND RATES OF PAY
5.1.1 Rates of Pay for Adult Employees
5.1.1(a) Adult employees, other than those specified in 5.1.1(b), shall be entitled to receive the award rate of pay for the relevant classification as set out in the table in 5.1.1(c)
5.1.1(b) The following adult employees are not entitled to receive the award rate of pay set out in the table in 5.1.1(c):
5.1.1(c) Schedule of Rates of Pay
[Pt I:Pt 5:5.1.1(c) substituted by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308; PR959867 ppc 07Jun05]
Wage group
Weekly award rate
Hourly rate
$
$
C14
484.40
12.75
C13
501.10
13.19
C12
523.60
13.78
C11
544.50
14.33
C10
578.20
15.21
C9
599.10
15.77
C8
619.90
16.31
C7
638.80
16.81
C6
680.50
17.91
C5
701.40
18.46
C4
722.20
19.01
C3
763.90
20.10
C2(a)
784.80
20.65
C2(b)
822.50
21.64
C1(a)
906.00
23.84
C1(b)
1031.10
27.13
5.1.1(d) Absorption of Safety Net Adjustments
[Pt I:Pt 5:5.1.1(d) substituted by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308; PR959867 ppc 07Jun05]
The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review—Wages June 2005 decision [PR002005]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above-award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required.
Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.
5.1.1(e) Phasing in of Wage Rates of Employees without relevant Work Experience
An employee who possesses the appropriate level of academic qualifications and who otherwise meets the requirements of the relevant classification definition but who is without prior experience in the metal and engineering industry or other relevant work experience shall be paid in accordance with the following formula:
Qualification |
Years of Relevant |
% of Relevant Work |
Experience |
Rate of Pay | |
Advanced Certificate |
0 |
77% of C5 Rate |
or National Diploma |
1 |
85% of C5 Rate |
2 |
96% of C5 Rate | |
3 |
100% of C5 Rate | |
Associate Diploma |
0 |
72% of C3 Rate |
or National Advanced |
1 |
79% of C3 Rate |
Diploma |
2 |
89% of C3 Rate |
3 |
93% of C3 Rate | |
4 |
100% of C3 Rate |
5.1.1(f) For the purposes of this clause, any entitlement to wages expressed to be by the week shall mean any entitlement which an employee would receive for performing 38 hours of work.
5.1.2 Classification Definitions And Skill Based Career Paths
The definitions of the classifications for each of the wage levels referred to in 5.1.1(c) are set out in Schedule D.
5.1.3 Procedure For Classifying Employees
[Pt I:Pt 5:5.1.3(a) corrected by Q2704; varied by PR955055 ppc 17Jan05]
5.1.3(a) The procedures for reclassifying employees under this award are set out in the National Metal and Engineering Competency Standards Implementation Guide distributed by the Manufacturing Industry Skills Council.
5.1.3(b) Without detracting from any of the processes set out in 5.1.3(e), any disputes in relation to classification or reclassification, including disputes relating to the terms of the National Metal and Engineering Competency Standards Implementation Guide, shall be handled in accordance with the Dispute Resolution Procedure in clause 3.2 of this Award.
5.1.3(c)(i) It shall be a term of the award that where there is agreement to implement the standards at the enterprise, or in the event that the classification of an employee is called into question, the issue shall be settled by the application of competency standards in accordance with this clause and the National Metal and Engineering Competency Standards Implementation Guide or by reference to the minimum training requirement in the relevant classification definition, except as provided in paragraphs (ii) (iii) and (iv) below.
(ii) Where the employee has a relevant qualification recognised as a minimum training requirement for the level at which the employee seeks to be classified and he/she is exercising or will be required to exercise the skills and knowledge gained from that qualification necessary for that level of work the employee shall be classified appropriately. It is up to the employer to demonstrate reasons for a qualification that is a recognised minimum training requirement not being regarded as relevant for an employee's work. Any disputes which cannot be resolved at the enterprise level over the application of this clause in the first instance are to be referred to the National Oversighting Committee prescribed in 5.1.3(e) (i) of this award.
(iii) Where skill standards have not been finalised in respect of any class of work, and this is necessary for determining an employee's classification, employees performing such work shall not be reclassified until such standards are available except as provided for in paragraphs (ii) and (iv) of this subclause.
[Pt I:Pt 5:5.1.3(c)(iv) corrected by Q2704 from 01Jul98]
(iv) Where the situation described in paragraph (iii) above applies, but not under any other circumstances, an employee may be reclassified on the basis that the employee meets the requirements of the classification definitions prescribed in Appendices G and H of the previous Metal Industry Award 1984 (the old classification definitions) or in respect of employees covered by the previous Metal Industry Award 1984 Parts II and V, the relevant provisions of the Metal Industry Award Restructuring Manual sections 6.2 and 10 and the definitions in the previous Metal Industry Award Part II.
(v) All employees engaged under the award at the relevant classification levels shall be subject to the metal and engineering competency standards.
5.1.3(d) Other provisions to be followed where competency standards are being implemented in an enterprise:
(i) Management and employee representatives responsible for oversighting the implementation of competency standards within enterprises shall be given access to briefing and/or training courses on the standards prior to implementation.
[Pt I:Pt 5:5.1.3(d)(ii) corrected by Q2704; varied by PR955055 ppc 17Jan05; corrected by PR955500 ppc 17Jan05]
(ii) Such briefings/training courses on the metal and engineering competency standards and Implementation Guide. These briefings/training courses can be either a joint briefing delivered by the parties or by one party with the approval of other relevant parties at the enterprise or an approved course delivered by a Manufacturing Industry Skills Council recognised provider with the approval of the relevant parties at the enterprise level shall be approved by the Manufacturing Industry Skills Council.
The above does not exclude the delivery of additional training or advice by the parties or the Manufacturing Industry Skills Council to enterprises.
5.1.3(e) Facilitation of Implementation
[Pt I:Pt 5:5.1.3(e)(i) corrected by Q2704; deleted by PR955055 ppc 17Jan05]
[Pt I:Pt 5:5.1.3(e)(ii) renumbered as 5.1.3(e)(i) by PR955055 ppc 17Jan05]
(i) A Board of Reference as set out in subclause 5.1.3(g) shall be established from time to time for the purpose of resolving any disputes or difficulty or likely dispute or difficulty in relation to the implementation of competency standards either at the industry or enterprise level.
[Pt I:Pt 5:5.1.3(e)(iii) renumbered as 5.1.3(e)(ii) by PR955055 ppc 17Jan05; corrected and substituted by PR956678 ppc 17Jan05]
(ii) If any problem arises in relation to implementation of the standards at the enterprise level, which cannot be resolved by the parties at that level, then it shall be referred to the Board of Reference as set out in subparagraph 5.1.3(e)(i).
Notwithstanding the above, the rights of any party to pursue whatever other course of action is available under the Workplace Relations Act 1996 remains available.
5.1.3(f) Points
The points to be assigned to the classification levels under the award shall be:
Award Classification Level |
Recommended Points |
C14 |
- |
C13 |
- |
C12 |
32 |
C11 |
64 |
C10 |
96 |
C9 |
12 additional points above C10 |
C8 |
24 additional points above C10 |
C7 |
36 additional points above C10 |
C6 |
48 additional points above C10 |
C5 |
60 additional points above C10 |
C4 |
Standards and points to be finalised |
C3 |
Standards and points to be finalised |
C2a |
Standards and points to be finalised |
C2b |
Standards and points to be finalised |
C1a |
Standards and points to be finalised |
C1b |
Standards and points to be finalised |
and in accordance with Table 2 in the National Metal and Engineering Competency Standards Implementation Guide.
5.1.3(g) Board of Reference - Competency Standards Implementation
(i) Notwithstanding the provisions of this clause, a Board of Reference shall be established from time to time for the purpose of resolving any dispute or difficulty or likely dispute or difficulty in relation to the implementation of competency standards either at the industry or enterprise level.
(ii) the Board shall be constituted by a Chairperson who shall be a member of the Australian Industrial Relations Commission and at least four other members two of whom are nominated by the MTFU and the other two nominated by the employer organisations respondent to the Award and representing the industrial interests of the employer.
(iii) In circumstances where the dispute or difficulty, or likely dispute or difficulty, affects the industrial interests of an organisation which is a party to this award the Chairperson shall take steps to:-
(iv) In determining MTFU representation to the Board the MTFU shall ensure that the union(s) which represent the employees in respect of whom the dispute or difficulty concerns shall be nominated to the Board.
(v) If the MTFU is unable to resolve who is to be represented on the board the Chairperson shall make a recommendation.
[Pt I:Pt 5:5.1.3(g)(vi) corrected by Q2704 from 01Jul98]
(vi) Any person nominated by the MTFU or employer organisations to sit on the Board of Reference shall be a person with organisational responsibilities associated with the implementation of competency standards.
(vii) Before proceedings commence, the Chairperson shall seek undertakings from the parties appearing before the Board that any decision, subject to the terms of the Act shall be final.
(viii) "MTFU" means the Metal Trades Federation of Unions.
An employee engaged for more than two hours during one day or shift on duties carrying a higher rate than his or her ordinary classification shall be paid the higher rate for such day or shift. If for two hours or less during one day or shift he or she shall be paid the higher rate for the time so worked.
