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MA000048 PR545477 |
FAIR WORK COMMISSION |
DETERMINATION |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 6,Sch. 5—Modern awards review
Modern Awards Review 2012—Apprentices,Trainees and Juniors
(AM2012/107)
AIRLINE OPERATIONS-GROUND STAFF AWARD 2010
[MA000048]
Airline operations | |
JUSTICE BOULTON,SENIOR DEPUTY PRESIDENT | SYDNEY,12 DECEMBER 2013 |
Transitional review of modern awards - apprentices,trainees and junior rates - common matters - competency based wage progression.
A. Further to the decision of 12 December 2013 1 and pursuant to Item 6,Schedule 5 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009,the Airline Operations–Ground Staff Award 20102 is varied as follows:
1. By deleting clause 16 and inserting the following
16. Apprentice minimum weekly wages
16.1 Minimum wages for apprentices commencing or continuing an apprenticeship prior to 1 January 2014
(a) The minimum wage for apprentices who commenced an apprenticeship prior to January 1,2014 are,except as provided for in clause 16.3–Adult apprentice minimum wages for current employees,are as set out in the following table.
(b) For apprentices who commenced an AQF IV qualification outcome the percentages are of the ordinary weekly wage rate prescribed in clause 15.3 for an Aircraft Maintenance Engineer.
(c) For apprentices who commenced an AQF III qualification outcome the percentages are of the ordinary weekly wage rate prescribed in clause 15.3 for a Tradesperson.
Stage | Percentage of rate |
1 | 42 |
2 | 55 |
3 | 75 |
4 | 88 |
16.2 Minimum wages for apprentices commencing an apprenticeship on and from 1 January 2014
(a) From 1 January 2014 the minimum wages for an apprentice who commences an AQF IV qualification outcome apprenticeship on or after 1 January 2014 are as set out in the following table (except as otherwise provided for in clause 16.3–Adult apprentice minimum wages for current employees).
Stage of apprenticeship | Has not completed year 12 (%) | Has completed year 12 (%) | Adult apprentice (% or classification) |
1 | 50% of rate for Tradesperson classification | 50% of rate for Tradesperson classification | 80% of rate for Tradesperson classification |
2 | 60% of rate for Tradesperson classification | 65% of rate for Tradesperson classification | Aircraft Worker 1 |
3 | 75% of rate for Aircraft Maintenance Engineer classification | 75% of rate for Aircraft Maintenance Engineer classification | Aircraft Worker 2 |
4 | 88% of rate for Aircraft Maintenance Engineer classification | 88% of rate for Aircraft Maintenance Engineer classification | 88% of rate for Aircraft Maintenance Engineer classification |
(b) From 1 January 2014 the minimum wage for an apprentice who commences an AQF III qualification outcome apprenticeship on or after 1 January 2014 are as set out in the following table (except as otherwise provided for in clause 16.3–Adult apprentice minimum wages for current employees). The percentages are of the ordinary weekly wage rate prescribed in clause 15.3 for a Tradesperson.
Stage of apprenticeship | Has or has not completed year 12 % | Adult apprentices % or classification |
1 | 47% | 80% |
2 | 60% | Aircraft Worker 1 |
3 | 75% | Aircraft Worker 2 |
4 | 88% | Aircraft Worker 3 |
(c) From the first pay period commencing on or after 1 January 2015 the minimum wage for an apprentice who commences an AQF IV qualification outcome apprenticeship on or after 1 January 2014 are set out in the following table (except as otherwise provided for in clause 16.3–Adult apprentice minimum wages for current employees):
Stage or year of apprenticeship | Has not completed year 12 (%) | Has completed year 12 (%) | Adult apprentice (% or classification) |
1 | 50% of rate for Tradesperson classification | 55% of rate for Tradesperson classification | 80% of rate for Tradesperson classification |
2 | 60% of rate for Tradesperson classification | 65% of rate for Tradesperson classification | Aircraft Worker 1 |
3 | 75% of rate for Aircraft Maintenance Engineer classification | 75% of rate for Aircraft Maintenance Engineer classification | Aircraft Worker 2 |
4 | 88% of rate for Aircraft Maintenance Engineer classification | 88% of rate for Aircraft Maintenance Engineer classification | 88% of rate for Aircraft Maintenance Engineer classification |
(d) From the first pay period commencing on or after 1 January 2015 the minimum wage for an apprentice who commences an AQF III qualification outcome apprenticeship on or after 1 January 2014 are as set out in the following table (except as otherwise provided for in clause 16.3–Adult apprentice minimum wages for current employees). The percentages are of the ordinary weekly wage rate prescribed in clause 15.3 for a Tradesperson.
Stage or year of apprenticeship | Has not completed year 12 (%) | Has completed year 12 (%) | Adult apprentice (% or classification) |
1 | 50 | 55 | 80% |
2 | 60 | 65 | Aircraft Worker 1 |
3 | 75 | 75 | Aircraft Worker 2 |
4 | 88 | 88 | Aircraft Worker 3 |
16.3 Adult apprentice minimum wages for current employees
(a) A person employed by an employer under this award immediately prior to entering into a training contract as an adult apprentice with that employer must not suffer a reduction in their minimum wage by virtue of entering into the training contract. For the purpose only of fixing a minimum wage,the adult apprentice must continue to receive the minimum wage that applies to the classification specified in clause 15.3 in which the adult apprentice was engaged immediately prior to entering into the training agreement.
(b) This clause applies where the employee,immediately prior to entering into a training contract as an adult apprentice has been an employee in the enterprise for a minimum of 6 months full-time employment or twelve months part-time or regular and systematic casual employment.
16.4 Conditions for progression through each stage
The minimum wages for each stage of the apprenticeship are set out in clauses 16.1 to 16.3. The conditions for progression to each stage are set out in the following table:
Stage of apprenticeship | Progression requirements |
Stage 1 | No entry requirements |
Stage 2 | An apprentice enters Stage 2: ● On attainment of 25% of the competencies required for the relevant AQF Certificate III or IV qualification specified in the training plan;or ●12 months after commencing the apprenticeship, whichever is the earlier |
Stage 3 | An apprentice enters Stage 2: ● On attainment of 50% of the competencies required for the relevant AQF Certificate III or IV qualification specified in the training plan;or ●12 months after commencing Stage 2, whichever is the earlier |
Stage 4 | An apprentice enters Stage 2: ● On attainment of 75% of the competencies required for the relevant AQF Certificate III or IV qualification specified in the training plan;or ●12 months after commencing Stage 3, whichever is the earlier |
16.5 Competency based progression
(a) For the purpose of competency based wage progression in clause 16 an apprentice will be paid at the relevant wage rate for the next stage of their apprenticeship if:
(i) competency has been achieved in the relevant proportion of the total units of competency specified in clause 16.4 for that stage of the apprenticeship. The units of competency which are included in the relevant proportion must be consistent with any requirements in the training plan;and
(ii) any requirements of the relevant State/Territory apprenticeship authority and any additional requirements of the relevant training package with respect to the demonstration of competency and any minimum necessary work experience requirements are met;and
(iii) either:
(A) the Registered Training Organisation (RTO),the employer and the apprentice agree that the abovementioned requirements have been met;or
(B) the employer has been provided with written advice that the RTO has assessed that the apprentice meets the abovementioned requirements in respect to all the relevant units of competency and the employer has not advised the RTO and the apprentice of any disagreement with that assessment within 21 days of receipt of the advice.
(b) If the employer disagrees with the assessment of the RTO referred to in clause 16.5(a)(iii)(B) above,and the dispute cannot be resolved by agreement between the RTO,the employer and the apprentice,the matter may be referred to the relevant State/Territory apprenticeship authority for determination. If the matter is not capable of being dealt with by such authority it may be dealt with in accordance with the dispute resolution clause in this award. For the avoidance of doubt,disputes concerning other apprenticeship progression provisions of this award may be dealt with in accordance with the dispute resolution clause.
(c) For the purposes of this clause,the training package containing the qualification specified in the contract of training for the apprenticeship,sets out the assessment requirements for the attainment of the units of competency that make up the qualification. The definition of “competency”utilised for the purpose of the training packages and for the purpose of this clause is the consistent application of knowledge and skill to the standard of performance required in the workplace. It embodies the ability to transfer and apply skills and knowledge to new situations and environments.
(d) The apprentice will be paid the wage rate referred to in clause 16.5(a) from the first full pay period to commence on or after the date on which an agreement or determination is reached in accordance with clause 16.5(a)(iii) or on a date as determined under the dispute resolution process in clause 16.5(b).
2. By updating all cross references and the table of contents accordingly.
B. To the extent that item A.1 of this determination is inconsistent with items A.3 and A.4 of the determination issued by the Full Bench on 22 November 2013, 3 this terms of this determination prevail.
C. This determination comes into operation on the first full pay period commencing on or after 1 January 2014.
SENIOR DEPUTY PRESIDENT
1 [2013] FWCFB 9603.
2 Fair Work Commission Publication Number MA000048.
3 Fair Work Commission Print Number PR544771.
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