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 - correction.

A. The determination issued by the Fair Work Commission on 12 December 2013 [MA000020  PR545521] is corrected as follows:

1. By deleting item A.1 and inserting the following:

“1. By inserting clause 15.9 as follows:

15.9 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 15.9(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 15.9(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 15.9(a)(iii) or on a date as determined under the dispute resolution process in clause 15.9(b).”

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

SENIOR DEPUTY PRESIDENT

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