[2016] FWC 4495
FAIR WORK COMMISSION

STATEMENT



Fair Work Act 2009
s.156 - 4 yearly review of modern awards

4 yearly review of modern awards—National Training Wage
(AM2016/17)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 6 JULY 2016

4 yearly review of modern awards – National Training Wage schedule

Introduction

[1] The majority of modern awards contain the National Training Wage schedule (NTW Schedule) in the form set out at Attachment A. 103 out of 122 of the modern awards of general application, as well as 15 enterprise and State reference public sector modern awards, contain the NTW Schedule (see Attachment B for a list of awards containing the NTW Schedule).

[2] In each exposure draft for an award currently containing the NTW Schedule that has been published during the Award stage of the Review, this Schedule has been included as set out in Attachment C. An initial proposal to combine the weekly and hourly rates in consolidated tables proved problematic and in a decision issued on 23 October 2015, 1 a Full Bench determined that this change would not be made.2

[3] During the Review a small number of submissions have been received about the list of training packages, but there have been no proposals from interested persons to vary the form or content of the NTW Schedule.

Proposal

[4] As part of the Review the Commission is assessing the NTW Schedule to determine whether it currently meets the modern awards objective in s.134 of the Fair Work Act 2009 (Cth) (the Act).

[5] The NTW Schedule runs to eight pages and there are currently minor variations in the NTW Schedule across awards. 3 With the objective of reducing award length and complexity, the following changes are proposed:

[6] These changes do not seek to change the entitlements for trainees under the NTW Schedule.

(i) Standardising the Schedule

[7] During the Priority Award stage of the award modernisation process, the award modernisation Full Bench proposed that the terms of the National Training Wage Award 2000 be re-drafted and included as a schedule to each modern award. 4 After a consultation process, the terms of the NTW Schedule were determined in a decision issued on 4 December 20095 and included in all relevant modern awards.

[8] The NTW Schedules in modern awards have generally been in the same terms. However, there are a small number of variations to the standard NTW Schedule, as listed in the table below:

[9] It is proposed that a standard NTW Schedule be created and adopted in all modern awards. The proposed standard NTW Schedule will be based on the version published in the exposure draft process and set out at Attachment C. This Schedule may be the subject of plain language re-drafting. All interested parties will be given an opportunity to comment on any changes proposed.

[10] A standard NTW Schedule has advantages for employees, employers and training providers. Consistency in the application of the training wage scheme was cited by some parties as one of its benefits during the review of training wage provisions in the award modernisation process.7 Where industries or occupations have specific training needs or provisions, these may be retained within the body of the award.

(ii) Removing the NTW Schedule from modern awards and incorporating it by reference to the Miscellaneous Award 2010

[11] The inclusion of the full NTW Schedule has increased the length and complexity of awards, in circumstances where the NTW provision applies to relatively few award-reliant employers and employees.

Could a stand alone NTW award be made?

[12] One potential option for removing the NTW Schedule from modern awards would be to make a ‘stand alone’ NTW award. However, the scheme of Part 2-3 of the Act is directed to making and maintaining industry or occupation awards and it presents a number of difficulties with making a subject-specific award.

[13] First, a stand alone NTW award could not cover employees who are covered by a modern enterprise award or enterprise instrument, a State reference public sector modern award or a State reference public sector transitional award (see Act ss.143(8) and 143(10)). Further, an employee could not be covered by both the Miscellaneous Award 2010 and a stand alone NTW award (s.163(4)).

[14] Second, Subdivision C of Division 3 of Part 2-3 of the Act would require a stand alone NTW award to contain certain terms. These mandatory terms include: a flexibility term (s.144); a term requiring consultation about changes to rosters or work hours (s.145A); a term providing a dispute resolution procedure (s.146); terms specifying or providing for the determination of ordinary hours of work (s.147); a term requiring contributions to a superannuation fund (s.149B); and a default fund term (s.149C).

[15] One difficulty with formulating the mandatory terms for a stand alone NTW award would be that the terms would have to be capable of applying sensibly to employees who could be covered by any of the industry or occupation awards, where each such industry or occupation award will contain its own mandatory terms. Moreover, such mandatory terms in a stand alone NTW award are likely to be of no practical utility. Inclusion of award terms of this nature would not be consistent with the objective of ensuring a ‘simple, easy to understand, stable and sustainable modern award system for Australia that avoids unnecessary overlap of modern awards’ (s.134(1)(g)).

[16] It follows that we do not consider making a stand alone NTW award to be a practical option.

How would incorporation by reference work?

[17] The full, standardised NTW Schedule would be retained as a schedule to the Miscellaneous Award 2010 with the rates varied in accordance with any Annual Wage Review adjustment. The Miscellaneous Award 2010 is a convenient instrument to use for such a purpose. It is relatively short and does not currently contain other lengthy schedules.

[18] Other awards that currently contain the NTW Schedule would be amended to delete the NTW Schedule and vary the award clause. For example, the variation to the Clerks—Private Sector Award 2010 would operate as follows:

    1. By deleting clause 22 and inserting the following:

    22. National training wage

    22.1 Schedule E to the Miscellaneous Award 2010 sets out minimum wage rates and conditions for employees undertaking traineeships.

    22.2 This award incorporates the terms of Schedule E to the Miscellaneous Award 2010 as at 1 July 2016.

    2. By deleting Schedule D—National Training Wage.

    22. National training wage

    22.1 Schedule E to the Miscellaneous Award 2010 sets out minimum wage rates and conditions for employees undertaking traineeships.

    22.2 This award incorporates the terms of Schedule E to the Miscellaneous Award 2010 as at 1 July 2016.

[19] The electronic version on the Commission’s website of each modern award would contain a link to Schedule E to the Miscellaneous Award 2010 to assist employers and employees.

Future Annual Wage Reviews

[20] Under the proposal to incorporate the NTW Schedule by reference to the Miscellaneous Award 2010, any adjustment of wages in the NTW Schedule as a result of an Annual Wage Review would vary the rates in Schedule E to the Miscellaneous Award 2010. The incorporation clauses in all awards incorporating Schedule E by reference, would also be updated each year to amend the date of the incorporation (see Acts Interpretation Act 1901 (Cth) ss.46AA(1) and 46AA(2)).

[21] Currently when NTW rates are increased as a result of an Annual Wage Review, all rates are replicated in the determinations varying each award; for example see PR566666 re Clerks—Private Sector Award 2010 (AWR 2014–15). With 104 wage rates in each copy of the Schedule, there is considerable administrative burden in adjusting and checking over 10,000 rates following any adjustment to wage rates in the Annual Wage Review.

Awards with high traineeship rates

[22] The proposal advanced is a default position. The NTW Schedule will be removed from all awards that currently contain the schedule, except the Miscellaneous Award 2010, unless an objection is received from an interested party. If there are any objections to this proposal in relation to a particular award, interested persons should make a submission outlining the grounds for their objection in accordance with paragraphs [24] and [25].

No change to entitlements

[23] The proposals outlined in this Statement are not intended to change the entitlements of employees undertaking traineeships. They are put forward for discussion to meet the modern awards objective, and in particular, the requirement that the Commission take into account the regulatory burden (s.134(1)(f)) and the need to ensure a simple, easy to understand award system (s.134(1)(g)).

Submissions

[24] Interested persons are invited to make written submissions on the proposals outlined in this Statement addressing the following:

[25] Submissions should be forwarded to [email protected] by 4.00pm on Thursday, 28 July 2016.

PRESIDENT

Attachment A—Current NTW Schedule

Extract from Clerks—Private Sector Award 2010 [MA000002] as at 1 July 2016

Schedule D—National Training Wage

D.1 Title

This is the National Training Wage Schedule.

D.2 Definitions

In this schedule:

adult trainee is 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 means the training specified in the training contract

Australian Qualifications Framework (AQF) is a national framework for qualifications in post-compulsory education and training

out of school refers only to periods out of school beyond Year 10 as at the first of January in each year and is deemed to:

(a) include any period of schooling beyond Year 10 which was not part of or did not contribute to a completed year of schooling;

(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 in which a year of schooling is completed

relevant State or Territory training authority means the bodies in the relevant State or Territory which exercise approval powers in relation to traineeships and 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:


Australian Capital Territory: Training and Tertiary Education Act 2003;
New South Wales: Apprenticeship and Traineeship Act 2001;
Northern Territory: Northern Territory Employment and Training Act 1991;
Queensland: Vocational Education, Training and Employment Act 2000;
South Australia: Training and Skills Development Act 2008;
Tasmania: Vocational Education and Training Act 1994;
Victoria: Education and Training Reform Act 2006; or
Western Australia: Vocational Education and Training Act 1996 trainee is an employee undertaking a traineeship under a training contract

traineeship means a system of training which has been approved by the relevant State or Territory training authority, which meets the requirements of a training package developed by the relevant Industry Skills Council and endorsed by the National Quality Council, and which leads to an AQF certificate level qualification

training contract means an agreement for a traineeship made between an employer and an employee which is registered with the relevant State or Territory training authority

training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification which have been endorsed for an industry or enterprise by the National Quality Council and placed on the National Training Information Service with the approval of the Commonwealth, State and Territory Ministers responsible for vocational education and training, and includes any relevant replacement training package

year 10 includes any year before Year 10

D.3 Coverage

D.3.1 Subject to clauses D.3.2 to D.3.6 of this schedule, this schedule applies in respect of an employee covered by this award who is undertaking a traineeship whose training package and AQF certificate level is allocated to a wage level by Appendix D1 to this schedule or by clause D.5.4 of this schedule.
D.3.2 This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in Appendix D1 to this schedule.
D.3.3 This schedule does not apply to the apprenticeship system or to any training program which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at 25 June 1997.
D.3.4 This schedule does not apply to qualifications not identified in training packages or to qualifications in training packages which are not identified as appropriate for a traineeship.
D.3.5 Where the terms and conditions of this schedule conflict with other terms and conditions of this award dealing with traineeships, the other terms and conditions of this award prevail.
D.3.6 At the conclusion of the traineeship, this schedule ceases to apply to the employee.
D.4 Types of Traineeship

The following types of traineeship are available under this schedule:

D.4.1 a full-time traineeship based on 38 ordinary hours per week, with 20% of ordinary hours being approved training; and
D.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.
D.5 Minimum Wages
D.5.1 Minimum wages for full-time traineeships

Subject to clause D.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 Appendix D1 are:

Subject to clause D.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 B by Appendix D1 are:

Subject to clause D.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 C by Appendix D1 are:

(i) Subject to clause D.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 D.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:

D.5.2 Minimum wages for part-time traineeships

Subject to clauses D.5.2(f) and D.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 Appendix D1 are:

Subject to clauses D.5.2(f) and D.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 B by Appendix D1 are:

Subject to clauses D.5.2(f) and D.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 C by Appendix D1 are:

Subject to clauses D.5.2(f) and D.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 Appendix D1 are as follows when the trainee works ordinary hours:

(i) Subject to clauses D.5.2(f) and D.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 D.5.2(f) and D.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:

(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 D.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 D.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 D.5.2(a)–(e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.

D.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.

D.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 Appendix D1 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.

D.6 Employment conditions


D.6.1 A trainee undertaking a school-based traineeship may, with the agreement of the trainee, be paid an additional loading of 25% on all ordinary hours worked instead of paid annual leave, paid personal/carer’s leave and paid absence on public holidays, provided that where the trainee works on a public holiday then the public holiday provisions of this award apply.
D.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.
D.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.
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 D.5.2(f)(ii) and not by this clause.
D.6.4 Subject to clause D.3.5 of this schedule, all other terms and conditions of this award apply to a trainee unless specifically varied by this schedule.

Appendix D1: Allocation of Traineeships to Wage Levels

The wage levels applying to training packages and their AQF certificate levels are:

D1.1 Wage Level A

D1.2 Wage Level B

D1.3 Wage Level C

Attachment B—Awards containing NTW Schedule

This table lists all modern awards that include a NTW schedule. Any variation to the ‘standard wording’ in Attachment A is shown in the Notes column.

B.1 122 modern awards of general application

Code

Award title

NTW

Schedule

Standard

NOTES

MA000115

Aboriginal Community Controlled Health Services Award 2010

✓

D

✓

  

MA000018

Aged Care Award 2010

✓

D

✓

  

MA000046

Air Pilots Award 2010

✗

 

 

  

MA000047

Aircraft Cabin Crew Award 2010

✗

 

 

  

MA000048

Airline Operations—Ground Staff Award 2010

✓

E

✗

Exclusions in E.2—Training Package & E.3.1—Coverage

MA000049

Airport Employees Award 2010

✓

E

✓

  

MA000092

Alpine Resorts Award 2010

✓

D

✓

  

MA000060

Aluminium Industry Award 2010

✓

D

✓

  

MA000098

Ambulance and Patient Transport Industry Award 2010

✗

 

 

  

MA000080

Amusement, Events and Recreation Award 2010

✓

D

✓

  

MA000118

Animal Care and Veterinary Services Award 2010

✓

D

✓

  

MA000114

Aquaculture Industry Award 2010

✓

E

✓

  

MA000079

Architects Award 2010

✗

 

 

  

MA000054

Asphalt Industry Award 2010

✓

D

✓

  

MA000019

Banking, Finance and Insurance Award 2010

✓

E

✓

  

MA000001

Black Coal Mining Industry Award 2010

✓

D

✓

  

MA000078

Book Industry Award 2010

✗

 

 

  

MA000091

Broadcasting and Recorded Entertainment Award 2010

✓

J

✓

  

MA000020

Building and Construction General On-site Award 2010

✓

C

✓

  

MA000021

Business Equipment Award 2010

✓

E

✓

  

MA000095

Car Parking Award 2010

✓

D

✓

  

MA000055

Cement and Lime Award 2010

✓

E

✓

  

MA000070

Cemetery Industry Award 2010

✓

D

✓

  

MA000120

Children’s Services Award 2010

✓

D

✓

  

MA000022

Cleaning Services Award 2010

✓

E

✓

  

MA000002

Clerks—Private Sector Award 2010

✓

D

✓

  

MA000045

Coal Export Terminals Award 2010

✗

 

 

  

MA000083

Commercial Sales Award 2010

✓

C

✓

  

MA000056

Concrete Products Award 2010

✓

C

✓

  

MA000023

Contract Call Centre Award 2010

✓

C

✓

  

MA000110

Corrections and Detention (Private Sector) Award 2010

✓

E

✓

  

MA000024

Cotton Ginning Award 2010

✓

C

✓

  

MA000085

Dredging Industry Award 2010

✓

A

✓

  

MA000096

Dry Cleaning and Laundry Industry Award 2010

✓

F

✓

  

MA000075

Educational Services (Post-Secondary Education) Award 2010

✓

F

✓

  

MA000076

Educational Services (Schools) General Staff Award 2010

✓

D

✓

  

MA000077

Educational Services (Teachers) Award 2010

✗

 

 

  

MA000088

Electrical Power Industry Award 2010

✓

D

✓

  

MA000025

Electrical, Electronic and Communications Contracting Award 2010

✓

D

✓

  

MA000003

Fast Food Industry Award 2010

✓

D

✓

  

MA000111

Fire Fighting Industry Award 2010

✗

 

 

  

MA000094

Fitness Industry Award 2010

✓

D

✓

  

MA000073

Food, Beverage and Tobacco Manufacturing Award 2010

✓

D

✓

  

MA000105

Funeral Industry Award 2010

✓

D

✓

  

MA000101

Gardening and Landscaping Services Award 2010

✓

E

✓

  

MA000061

Gas Industry Award 2010

✓

E

✓

  

MA000004

General Retail Industry Award 2010

✓

D

✓

  

MA000026

Graphic Arts, Printing and Publishing Award 2010

✓

E

✓

  

MA000005

Hair and Beauty Industry Award 2010

✓

D

✓

  

MA000027

Health Professionals and Support Services Award 2010

✓

E

✓

  

MA000006

Higher Education Industry—Academic Staff—Award 2010

✗

 

 

  

MA000007

Higher Education Industry—General Staff—Award 2010

✓

E

✓

  

MA000008

Horse and Greyhound Training Award 2010

✓

C

✓

  

MA000028

Horticulture Award 2010

✓

D

✓

  

MA000009

Hospitality Industry (General) Award 2010

✓

F

✓

  

MA000064

Hydrocarbons Field Geologists Award 2010

✓

C

✓

  

MA000062

Hydrocarbons Industry (Upstream) Award 2010

✓

E

✓

  

MA000029

Joinery and Building Trades Award 2010

✓

D

✓

  

MA000067

Journalists Published Media Award 2010

 

 

  

MA000099

Labour Market Assistance Industry Award 2010

✓

D

✓

  

MA000116

Legal Services Award 2010

✓

D

✓

  

MA000081

Live Performance Award 2010

✓

E

✓

  

MA000112

Local Government Industry Award 2010

✓

E

✓

  

MA000117

Mannequins and Models Award 2010

✗

 

 

  

MA000010

Manufacturing and Associated Industries and Occupations Award 2010

✓

D

✗

National Quality Skills Standards Council

MA000093

Marine Tourism and Charter Vessels Award 2010

✓

D

✓

  

MA000050

Marine Towage Award 2010

✗

 

 

  

MA000086

Maritime Offshore Oil and Gas Award 2010

✓

B

✓

  

MA000030

Market and Social Research Award 2010

✗

 

 

  

MA000059

Meat Industry Award 2010

✓

C

✓

  

MA000031

Medical Practitioners Award 2010

✗

 

 

  

MA000011

Mining Industry Award 2010

✓

D

✓

  

MA000104

Miscellaneous Award 2010

✓

E

✓

  

MA000032

Mobile Crane Hiring Award 2010

✓

C

✓

  

MA000033

Nursery Award 2010

✓

C

✓

  

MA000034

Nurses Award 2010

✗

 

    

MA000072

Oil Refining and Manufacturing Award 2010

✓

E

✓

  

MA000063

Passenger Vehicle Transportation Award 2010

✓

D

✓

  

MA000035

Pastoral Award 2010

✓

C

✓

  

MA000097

Pest Control Industry Award 2010

✓

D

✓

  

MA000069

Pharmaceutical Industry Award 2010

✓

C

✓

  

MA000012

Pharmacy Industry Award 2010

✓

D

✓

  

MA000036

Plumbing and Fire Sprinklers Contracting Award 2010

✓

D

✓

  

MA000051

Port Authorities Award 2010

✓

E

✓

  

MA000052

Ports, Harbours and Enclosed Water Vessels Award 2010

✗

 

 

  

MA000074

Poultry Processing Award 2010

✓

C

✓

  

MA000057

Premixed Concrete Award 2010

✓

D

✓

  

MA000108

Professional Diving Industry (Industrial) Award 2010

✗

 

 

  

MA000109

Professional Diving Industry (Recreational) Award 2010

✓

B

✓

  

MA000065

Professional Employees Award 2010

✗

 

 

  

MA000037

Quarrying Award 2010

✓

E

✓

  

MA000013

Racing Clubs Events Award 2010

✓

D

✓

  

MA000014

Racing Industry Ground Maintenance Award 2010

✓

D

✓

  

MA000015

Rail Industry Award 2010

✓

D

✓

  

MA000106

Real Estate Industry Award 2010

✓

D

✓

  

MA000058

Registered and Licensed Clubs Award 2010

✓

E

✓

  

MA000119

Restaurant Industry Award 2010

✓

D

✓

  

MA000039

Road Transport (Long Distance Operations) Award 2010

✓

B

✓

  

MA000038

Road Transport and Distribution Award 2010

✓

D

✓

  

MA000107

Salt Industry Award 2010

✓

D

✓

  

MA000068

Seafood Processing Award 2010

✓

C

✓

  

MA000122

Seagoing Industry Award 2010

✓

B

✓

 

MA000016

Security Services Industry Award 2010

✓

D

✓

  

MA000040

Silviculture Award 2010

✓

C

✓

  

MA000100

Social, Community, Home Care and Disability Services Industry Award 2010

✓

G

✓

  

MA000082

Sporting Organisations Award 2010

✓

D

✓

  

MA000121

State Government Agencies Administration Award 2010

✓

D

✓

  

MA000053

Stevedoring Industry Award 2010

✓

E

✓

  

MA000084

Storage Services and Wholesale Award 2010

✓

C

✓

  

MA000087

Sugar Industry Award 2010

✓

D

✗

National Quality Skills Standards Council

MA000103

Supported Employment Services Award 2010

✓

C

✓

  

MA000066

Surveying Award 2010

✗

 

 

  

MA000041

Telecommunications Services Award 2010

✓

E

✓

  

MA000017

Textile, Clothing, Footwear and Associated Industries Award 2010

✓

E

✓

  

MA000071

Timber Industry Award 2010

✓

G

✓

  

MA000042

Transport (Cash in Transit) Award 2010

✓

B

✓

  

MA000102

Travelling Shows Award 2010

✓

C

✓

  

MA000089

Vehicle Manufacturing, Repair, Services and Retail Award 2010

✓

E

✓

  

MA000043

Waste Management Award 2010

✓

D

✓

  

MA000113

Water Industry Award 2010

✓

E

✓

  

MA000090

Wine Industry Award 2010

✓

D

✓

  

MA000044

Wool Storage, Sampling and Testing Award 2010

✓

D

✓

  

B.2 Enterprise and State reference public sector modern awards (as at 30 June 2016)

Code

Award title

NTW

Schedule

Standard

NOTES

MA000139

Aboriginal Legal Rights Movement Award 2016

✓

C

✓

  

MA000141

Airservices Australia Enterprise Award 2016

✓

F

✗

Full-time and part-time hourly rates published in tables (see para [2])

MA000137

Australia Post Enterprise Award 2015

✓

B

✓

 

MA000146

Australian Capital Territory Public Sector Enterprise Award 2015

✓

D

✗

Full-time and part-time hourly rates published in tables (see para [2])

MA000124

Australian Public Service Enterprise Award 2015

✓

D

✗

Full-time and part-time hourly rates published in tables (see para [2])

MA000149

Christmas Island Administration Enterprise Award 2016

✓

E

✗

Full-time and part-time hourly rates published in tables (see para [2])

MA000127

Chullora Printing Award 2015

✓

C

✓

 

MA000138

GrainCorp Country Operations Award 2015

✗

 

 

 

MA000130

Metropolitan Newspapers (South Australia and Tasmania) Printing Award 2015

✓

E

✓

 

MA000129

Northern Territory News Award 2015

✓

D

✓

 

MA000131

Nurses (ANMF - Victorian Local Government) Award 2015

✗

 

 

 

MA000125

Nurses and Midwives (Victoria) State Reference Public Sector Award 2015

✗

 

 

 

MA000133

Optus Award 2015

✗

 

 

 

MA000145

Parliamentary Departments Staff Enterprise Award 2016

✓

D

✗

Full-time and part-time hourly rates published in tables (see para [2])

MA000126

Printing Industry – Herald & Weekly Times – Production Award 2015

✓

C

✓

 

MA000128

Queensland Newspapers Pty Ltd Printing (Murarrie) Award 2015

✓

C

✓

 

MA000140

Reserve Bank of Australia Award 2016

✓

C

✗

Only relevant training packages included in Appendix

MA000123

Telstra Award 2015

✗

 

 

 

MA000132

Victorian Local Government Award 2015

✓

D

✓

 

MA000134

Victorian State Government Agencies Award 2015

✓

E

✓

 

MA000136

Viterra Bulk Handling and Storage of Grains, Pulses and Minerals Award 2015

✗

 

 

 

Attachment C—Proposed National Training Wage schedule in exposure drafts

Extract from Exposure draft – Clerks—Private Sector Award 2015 published 18 December 2015 (rates updated for AWR 2015–16)

Schedule E—National Training Wage

E.1 Title

This is the National Training Wage Schedule.

E.2 Definitions

In this schedule:

adult trainee is 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 means the training specified in the training contract
Australian Qualifications Framework (AQF) is a national framework for qualifications in post-compulsory education and training
out of school refers only to periods out of school beyond Year 10 as at the first of January in each year and is deemed to:
(a) include any period of schooling beyond Year 10 which was not part of or did not contribute to a completed year of schooling;
(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 in which a year of schooling is completed
relevant State or Territory training authority means the bodies in the relevant State or Territory which exercise approval powers in relation to traineeships and 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:

trainee is an employee undertaking a traineeship under a training contract
traineeship means a system of training which has been approved by the relevant State or Territory training authority, which meets the requirements of a training package developed by the relevant Industry Skills Council and endorsed by the National Quality Council, and which leads to an AQF certificate level qualification
training contract means an agreement for a traineeship made between an employer and an employee which is registered with the relevant State or Territory training authority
training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification which have been endorsed for an industry or enterprise by the National Quality Council and placed on the National Training Information Service with the approval of the Commonwealth, State and Territory Ministers responsible for vocational education and training, and includes any relevant replacement training package
Year 10 includes any year before Year 10

E.3 Coverage

E.3.1 Subject to clauses E.3.2 to E.3.6 of this schedule, this schedule applies in respect of an employee covered by this award who is undertaking a traineeship whose training package and AQF certificate level is allocated to a wage level by clause E.7 to this schedule or by clause E.5.4 of this schedule.
E.3.2 This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in clause E.7 to this schedule.
E.3.3 This schedule does not apply to:
(a) the apprenticeship system;
(b) qualifications not identified in training packages; or
(c) qualifications in training packages which are not identified as appropriate for a traineeship.
E.3.4 This schedule does not apply to qualifications not identified in training packages or to qualifications in training packages which are not identified as appropriate for a traineeship.
E.3.5 Where the terms and conditions of this schedule conflict with other terms and conditions of this award dealing with traineeships, the other terms and conditions of this award prevail.
E.3.6 At the conclusion of the traineeship, this schedule ceases to apply to the employee.

E.4 Types of Traineeship

The following types of traineeship are available under this schedule:

E.4.1 a full-time traineeship based on 38 ordinary hours per week, with 20% of ordinary hours being approved training; and
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.


E.5 Minimum Wages


E.5.1 Minimum wages for full-time traineeships

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.7.1 are:

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 B by clause E.7.2 are:

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 C by clause E.7.3 are:

(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:

E.5.2 Minimum wages for part-time traineeships

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.7.1 are:

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 B by clause E.7.2 are:

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 C by clause E.7.3 are:

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:

(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:

(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.

E.6 Employment conditions

E.6.1 A trainee undertaking a school-based traineeship may, with the agreement of the trainee, be paid an additional loading of 25% on all ordinary hours worked instead of paid annual leave, paid personal/carer’s leave and paid absence on public holidays, provided that where the trainee works on a public holiday then the public holiday provisions of this award apply.
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.
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 E.5.2(f)(ii) and not by this clause.
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.

E.7 Allocation of Traineeships to Wage Levels

The wage levels applying to training packages and their AQF certificate levels are:

E.7.1 Wage Level A

E.7.2 Wage Level B

E.7.3 Wage Level C

   

 1   [2015] FWCFB 7236 at paras 353–356

 2   Four enterprise awards retain the combined wage rates model – see Attachment B.2

 3   Modern awards with different wording in NTW Schedule are identified in Attachment B.

 4   [2008] AIRCFB 1000 at [72]

 5   [2009] AIRCFB 945 at [209]–[212]

 6   [2014] FWCFB 9412 at [64]–[67]

7 Group Training Australia “AM2008/2-12 Submission” (July 2008) [75]

 8   The name of this package was updated following submissions re the Stevedoring Industry Award 2010 – see [2015] FWCFB 7236 at [356]

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