Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 6,Sch. 5—Modern awards review

Modern Awards Review 2012—Apprentices,Trainees and Juniors
(AM2012/48,AM2012/129)

BUILDING AND CONSTRUCTION GENERAL ON-SITE AWARD 2010
[MA000020]

Transitional review of modern awards - apprentices,trainees and juniors - common matters - consequential variations.

A. Further to the decision of 22 August 2013 1 and pursuant to Item 6,Schedule 5 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009,the Building and Construction General On-site Award 20102 is varied as follows:

1. By deleting clause 15.1(c) and inserting the following:

(c) An apprenticeship is a system of structured on-the-job training with an employer and off-the-job training with a Registered Training Organisation accessed through a contract of training.

2. By deleting clause 15.1(e) and inserting the following:

(e) Registered Training Organisation (RTO) means a training organisation registered by the Australian Skills Quality Authority,the Victorian Registration and Qualifications Authority or the Western Australia’s Training and Accreditation Council.

3. By deleting clause 15.2(c) and inserting the following:

(c) Time spent by an apprentice,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 apprentice’s wages and determining the apprentice’s employment conditions. This clause operates subject to the provisions of Schedule D –School-based apprentices and the provisions of clause 25.12(b).

4. By inserting clause 15.2(d) as follows:

(d) The notice of termination provisions of the NES apply to apprentices.

5. By inserting clause 15.2(e) as follows:

(e) Redundancy provisions do not apply to apprentices,provided that where the employment of an apprentice by an employer is continued after the completion of the apprenticeship,the period of the apprenticeship will be counted as service for the purposes of the award and long service leave entitlements and in the event that an apprentice is terminated at the end of their apprenticeship and is re-engaged by the same employer within six months of such termination,the period of the apprenticeship will be counted as service in determining any future termination entitlements.

6. By deleting clause 15.3(c) and inserting the following:

(c) No apprentice will,except in an emergency,work or be required to work overtime or shiftwork at times which would prevent their attendance at the Registered Training Organisation as required by any statute,award,regulation or the contract of training applicable to them.

7. By deleting clause 15.6—Attendance at technical schools and inserting the following:

15.6 Training Costs –Fees and textbooks

(a) All fees charged by an RTO and the cost of all prescribed textbooks for the apprenticeship,which are paid by an apprentice,shall be reimbursed by the employer within six months of commencement of the apprenticeship or a stage of the apprenticeship,or within 3 months of the commencement of training provided by the RTO,whichever is the later,unless there is unsatisfactory progress.

(b) An employer may meet its obligations under this clause by paying any fees and/or cost of textbooks directly to the RTO.

8. By inserting clause 15.8 as follows:

15.8 Attendance at block release training

(a) Where an apprentice is required to attend block release training for training identified in or associated with their training contract,and such training requires an overnight stay,the employer must pay for the excess reasonable travel costs incurred by the apprentice in the course of travelling to and from such training. Provided that this clause will not apply where the apprentice could attend an alternate Registered Training Organisation (RTO) closer to the apprentice’s usual place of work and the use of the more distant RTO is not agreed between the employer and the apprentice.

(b) For the purposes of this clause excess reasonable travel costs includes the total cost of reasonable transportation (including transportation of tools where required),accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling,including meals,in excess of the fares and travel patterns allowance payable under clause 25.12(a). For the purposes of this clause excess travel costs do not include payment for travelling time or expenses incurred while not in transit.

(c) The amount payable by an employer under this clause may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.

(d) This clause applies in lieu of the provisions contained in clause 24—Living Away From Home –Distant Work.

9. By deleting clauses 19.7(b) to (e) and inserting the following:

(b) An apprentice shall be paid a minimum rate of pay calculated on the total of the percentage of the standard rate determined in accordance with the following tables,and the allowances prescribed in clause 19.7(e):

(i) Apprentices who commence a contract of training on or after 1st January 2014 (excluding apprentices covered by the Electrotechnology Training Package)

Four Year Apprenticeship

From 1 January 2014:

From the first pay period commencing on or after 1 January 2015:

Three Year Apprenticeship

(ii) Apprentices who commence a contract of training on or after 1st January 2014 (apprentices covered by the Electrotechnology Training Package)

From 1 January 2014:

From the first pay period commencing on or after 1 January 2015:

(iii) Apprentices who commenced a contract of training prior to 1 January 2014:

Four year apprenticeship	% of the standard rate
1st year	45
2nd year	55
3rd year	75
4th year	90
Three year apprenticeship	% of the standard rate
1st year	55
2nd year	75
3rd year	90

(c) Transitional provisions competency based progression

(i) An apprentice is entitled to progress through the wage structure based on achievement of competency in accordance with the terms of an award made under the Workplace Relations Act 1996 (Cth) that would have applied to the employee immediately prior to 27 March 2006,a notional agreement preserving a State award that would have applied to the employee immediately prior to 1 January 2010 or a Division 2B State award that would have applied to the employee immediately prior to 1 January 2011:

• if the employee had at that time been in their current circumstances of employment and no agreement-based transitional instrument,enterprise agreement or Division 2B State employment agreement had applied to the employee;and



• that would have entitled the apprentice to progress through the wage structure based on achievement of competencies.

(ii) Clause 19.7(c) ceases to operate on 31 December 2014.

(d) Transitional provisions—Two year residential apprenticeships in Western Australia commenced prior to 1st January 2014

(i) An apprenticed employee undertaking a two year residential apprenticeship in Western Australia will be paid the percentage of the standard rate,as follows:

Nominated residential apprenticeships in Western Australia
Year of apprenticeship	% of the standard rate
1st year	55
2nd year	75

(ii) Clause 19.7(d) ceases to operate on 31 December 2014.

(e) In addition to the above rates apprentices will be paid amounts prescribed in:

• clause 21.2—Industry allowance;



• clause 20.1—Tool and employee protection allowance;



• the relevant percentage (as identified in clauses 19.7(b) and (d) for the year of the apprenticeship) of the Special allowance contained in clause 21.1;

and,where applicable,

• clause 21.3—Underground allowance;and



• for refractory bricklaying apprentices the relevant percentage (as identified in clause 19.7(b) for the year of the apprenticeship) of the Refractory bricklaying allowance contained in clause 21.8.

as part of the ordinary weekly wage for all purposes.

10. By deleting clauses 19.8 and inserting the following:

(a) (i) Where a person was employed by an employer immediately prior to becoming an adult apprentice with that employer,such person will not suffer a reduction in the ordinary time hourly rate of pay by virtue of entering into the contract of training.

(ii) Provided that for employees engaged in the general building and construction,and civil construction,sectors the provision in 19.8(a)(i) above shall only apply to employees who have been employed by the employer for at least six months as a full-time weekly or daily hire employee,or twelve months as a part-time or regular and systematic casual employee immediately prior to commencing the apprenticeship.

(b) For the purpose of fixing a rate of pay only,the adult apprentice will continue to receive the ordinary time hourly rate of pay that is applicable to the classification or class of work specified in clause 19.1,and in which the adult apprentice was engaged immediately prior to entering into the contract of training.

(c) Subject to clauses 19.8(a) and (b),the rate of pay of an adult apprentice will be the ordinary time hourly rate prescribed for the lowest paid classification in clause 19.1 or the ordinary time hourly rate prescribed by clause 19.7 for the relevant year of apprenticeship,whichever is the greater.

11. By deleting clause 25.12(b) and inserting the following:

(b) (i) Apprentices will only receive the allowances prescribed in clause 25.12(a) for days when they attend work and any rostered day off.

(ii) Apprentices will not be paid the allowance in clause 25.12(a) for days they attend an RTO for training and assessment in accordance with the contract of training.

(iii) When a school-based apprentice attends off-the-job training or assessment not at the school at which they are enrolled they will receive 25% of the allowance prescribed in clause 25.12(a).

12. By deleting clause 36.7 and inserting the following:

36.7 Except in an emergency,no trainee will work or be required to work overtime or shiftwork at times which would prevent the employee’s attendance at a Registered Training Organisation,as required by any statute,award or regulation.

13. By deleting clauses D.8 to D.10 and inserting the following:

D.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each two years of employment as an apprentice or at the rate of competency based progression where provided for in this award.

D.9 The apprentice wage scales are based on a standard full-time apprenticeship of four years (unless the apprenticeship is of three years duration) or stages of competency based progression where provided for in this award. The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.

D.10 If an apprentice converts from school-based to full-time,the successful completion of competencies (where provided for in this award) and all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.

13. By updating all cross references accordingly.

B. This determination comes into operation on the first full pay period commencing on or after 1 January 2014.

SENIOR DEPUTY PRESIDENT

 1  [2013] FWCFB 5411.

 2  MA000020.

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