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

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

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

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 Building and Construction General On-site Award 20102 is varied as follows:

1. By inserting clause 15.8 as follows:

15.8 Competency based progression

(a) For the purpose of competency based wage progression in clause 19.7 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 19.7 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 15.8(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 15.8(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 15.8(a)(iii) or on a date as determined under the dispute resolution process in clause 15.8(b).

2. 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)

(A) Four year apprenticeship (nominal term),from 1 January 2014:

Stage of apprenticeship	Minimum training requirements on entry	% of the standard rate (apprentices who have not completed year 12)	% of the standard rate (apprentices who have completed year 12)
Stage 1	On commencement and prior to the attainment of the minimum training requirements specified for Stage 2	50	50
Stage 2	●On attainment of 25% of the total competencies specified in the training plan for the relevant AQF Certificate III qualification;or ●12 months after commencing the apprenticeship, whichever is the earlier.	60	60
Stage 3	●On attainment of 50% of the total competencies specified in the training plan for the relevant AQF Certificate III qualification;or ●12 months after commencing Stage 2, whichever is the earlier.	75	75
Stage 4	●On attainment of 75% of the total competencies specified in the training plan for the relevant AQF Certificate III qualification;or ●12 months after commencing Stage 3, whichever is the earlier.	90	90

(B) Four year apprenticeship (nominal term),from the first pay period commencing on or after 1 January 2015:

Stage of apprenticeship	Minimum training requirements on entry	% of the standard rate (apprentices who have not completed year 12)	% of the standard rate (apprentices who have completed year 12)
Stage 1	On commencement and prior to the attainment of the minimum training requirements specified for Stage 2	50	55
Stage 2	●On attainment of 25% of the total competencies specified in the training plan for the relevant AQF Certificate III qualification;or ●12 months after commencing the apprenticeship, whichever is the earlier.	60	65
Stage 3	●On attainment of 50% of the total competencies specified in the training plan for the relevant AQF Certificate III qualification;or ●12 months after commencing Stage 2, whichever is the earlier.	75	75
Stage 4	●On attainment of 75% of the total competencies specified in the training plan for the relevant AQF Certificate III qualification;or ●12 months after commencing Stage 3, whichever is the earlier.	90	90

(C) Three year apprenticeship (nominal term)

Stage of apprenticeship	Minimum training requirements on entry	% of the standard rate
Stage 1	On commencement and prior to the attainment of the minimum training requirements specified for Stage 1	55
Stage 2	●On attainment of 50% of the total competencies specified in the training plan for the relevant AQF Certificate III qualification;or ●12 months after commencing the apprenticeship, whichever is the earlier.	75
Stage 3	●On attainment of 75% of the total competencies specified in the training plan for the relevant AQF Certificate III qualification;or ●12 months after commencing Stage 2, whichever is the earlier.	90

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

(A) From 1 January 2014:

Year of apprenticeship	% of the standard rate (apprentices who have not completed year 12)	% of the standard rate (apprentices who have completed year 12)
1st year	50	50
2nd year	60	60
3rd year	75	75
4th year	90	90

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

Year of apprenticeship	% of the standard rate (apprentices who have not completed year 12)	% of the standard rate (apprentices who have completed year 12)
1st year	50	55
2nd year	60	65
3rd year	75	75
4th year	90	90

(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.

(f) Notwithstanding the nominal period,the apprenticeship (excluding apprentices covered by the Electrotechnology Training Package) is completed in a shorter period when:

(i) the qualification specified in the contract of training is successfully completed;and

(ii) the apprentice has the necessary practical experience to achieve competency in the skills covered by the contract of training,provided that the determination as to whether this condition has been met must be by agreement between the registered training organisation,the employer and the apprentice and where there is a disagreement concerning this matter the matter may be referred to the relevant State/Territory apprenticeship authority for determination;and

(iii) the requirements of the relevant State/Territory training authority and any requirements of the Construction and Property Services Industry Skills Council with respect to demonstration of competency and any minimum necessary work experience requirements are met;and

(iv) with respect to trades where there are additional licensing or regulatory requirements under State legislation,when these requirements are met.

B. To the extent that item A.2 this determination is inconsistent with item A.9 of the determination issued by the Full Bench on 22 November 2013, 3 this determination prevails.

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 MA000020.

 3  Fair Work Commission Print Number PR544640.

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