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MA000089 PR551677 |
FAIR WORK COMMISSION |
DETERMINATION |
Fair Work Act 2009
s.285—Annual wage review
Annual Wage Review 2013–14
(C2014/1)
VEHICLE MANUFACTURING,REPAIR,SERVICES AND RETAIL AWARD 2010
[MA000089]
Vehicle industry | |
JUSTICE ROSS,PRESIDENT | MELBOURNE,19 JUNE 2014 |
Annual Wage Review 2013–14.
A. Further to the decision issued by the Expert Panel in the Annual Wage Review 2013–14 on 4 June 2014 [[2014] FWCFB 3500],the above award is varied as follows:
1. By deleting the table appearing in clause 33.4 and inserting the following:
Classifications | Wage group level | Weekly rate | Hourly rate |
| $ | $ | |
Vehicle RS&R industry employee—Level 1 | R1 | 640.90 | 16.87 |
Vehicle RS&R industry employee—Level 2 | R2 | 659.40 | 17.35 |
Vehicle RS&R industry employee—Level 3 | R3 | 684.70 | 18.02 |
Vehicle RS&R industry employee—Level 4 | R4 | 708.20 | 18.64 |
Vehicle RS&R industry employee—Level 5 | R5 | 725.70 | 19.10 |
Vehicle industry RS&R—tradesperson or equivalent Level I | R6 | 746.20 | 19.64 |
Vehicle industry RS&R—tradesperson or equivalent Level II | R7 | 816.30 | 21.48 |
2. By deleting the table appearing in clause 33.5 and inserting the following:
| Weekly rate | Hourly rate |
| $ | $ |
Driver—forklift: | ||
●Lifting capacity up to 4500 kg | 708.10 | 18.63 |
●Lifting capacity in excess of 4500kg | 708.10 | 18.63 |
Driver—mobile crane: | ||
●Lifting capacity up to 10 tonnes | 708.10 | 18.63 |
●Lifting capacity in excess of 10 tonnes | 708.10 | 18.63 |
Driver—commercial vehicle used in the course of the employer’s business: | ||
●Makers capacity of 3 tonnes or less | 708.10 | 18.63 |
●Makers capacity of over 3 tonnes but under 8 tonnes | 708.10 | 18.63 |
Driver—articulated vehicle | ||
●Makers capacity up to and including 10 tonnes | 735.10 | 19.34 |
Driver—tow truck | ||
●Class 1 | 708.10 | 18.63 |
●Class 2 and 3 | 708.10 | 18.63 |
●Class 4 | 746.20 | 19.64 |
3. By deleting the table appearing in clause 35.3(b) and inserting the following:
Year of apprenticeship | Award reference | Weekly wage |
| $ | |
Level 1 or 1st year | National Training Wage Award—Skill Level B | See Schedule E |
Level 2 or 2nd year | Vehicle industry RS&R employee—Level 1 | 640.90 |
Level 3 or 3rd year | Vehicle industry RS&R employee—Level 2 | 659.40 |
Level 4 or 4th year | Vehicle industry RS&R employee—Level 3 | 684.70 |
Thereafter | Vehicle industry RS&R employee–tradesperson or equivalent—Level R6 | 746.20 |
4. By deleting the table appearing in clause 35.3(c) and inserting the following:
Year of apprenticeship | Award reference | Weekly wage |
$ | ||
Stage 1 or 1st year | 80% of Vehicle industry RS&R employee - tradesperson or equivalent - Level R6 | 597.00 |
Stage 2 or 2nd year | Vehicle industry RS&R employee - Level 1 | 640.90 |
Stage 3 or 3rd year | Vehicle industry RS&R employee - Level 2 | 659.40 |
Stage 4 or 4th year | Vehicle industry RS&R employee - Level 3 | 684.70 |
Thereafter | Vehicle industry RS&R employee - tradesperson or equivalent - Level R6 | 746.20 |
5. By deleting the table appearing in clause 36.1 and inserting the following:
| 20 years &over | 19 years | 18 years | 17 years | 16 years &under |
| (adult rate) | (75%) | (62.5%) | (50%) | (47.5%) |
| $ | $ | $ | $ | $ |
Monday to Friday | 22.22 | 16.67 | 13.89 | 11.11 | 10.55 |
Saturdays,Sundays and public holidays | 28.99 | 21.74 | 18.12 | 14.50 | 13.77 |
Overtime for any hours worked in excess of 10 hours per day or an average of 38 hours per week will be paid in addition | 12.38 | 9.29 | 7.74 | 6.19 | 5.88 |
6. By deleting the table appearing in clause 36.2 and inserting the following:
| 20 years &over | 19 years | 18 years | 17 years | 16 years &under |
| (adult rate) | (75%) | (62.5%) | (50%) | (47.5%) |
| $ | $ | $ | $ | $ |
Monday to Friday | 22.87 | 17.15 | 14.29 | 11.44 | 10.86 |
Saturdays,Sundays and public holidays | 29.83 | 22.37 | 18.64 | 14.92 | 14.17 |
Overtime for any hours worked in excess of 10 hours per day or an average of 38 hours per week will be paid in addition | 12.73 | 9.55 | 7.96 | 6.37 | 6.05 |
7. By deleting the table appearing in clause 36.3 and inserting the following:
| 20 years &over | 19 years | 18 years | 17 years | 16 years &under |
| (adult rate) | (75%) | (62.5%) | (50%) | (47.5%) |
| $ | $ | $ | $ | $ |
Monday to Friday | 24.44 | 18.33 | 15.28 | 12.22 | 11.61 |
Saturdays,Sundays and public holidays | 31.77 | 23.83 | 19.86 | 15.89 | 15.09 |
Overtime for any hours worked in excess of 10 hours per day or an average of 38 hours per week will be paid in addition | 13.86 | 10.40 | 8.66 | 6.93 | 6.58 |
8. By deleting the table appearing in clause 45.5 and inserting the following:
Classification | Wage group level | Weekly rate | Hourly rate |
| $ | $ | |
Vehicle industry/production employee Level 1 | V1 | 640.90 | 16.87 |
Vehicle industry/production employee Level 2 | V2 | 659.40 | 17.35 |
Vehicle industry/production employee Level 3 | V3 | 684.70 | 18.02 |
Vehicle industry/production employee Level 4 | V4 | 708.20 | 18.64 |
| |||
Vehicle industry tradesperson—Level I | V5 | 746.20 | 19.64 |
Vehicle industry tradesperson—Level II | V6 | 769.60 | 20.25 |
Vehicle industry tradesperson—Level III | V7 | 793.00 | 20.87 |
Vehicle industry tradesperson—Level IV | V8 | 816.30 | 21.48 |
Vehicle industry tradesperson—Level V | V9 | 855.50 | 22.51 |
Vehicle industry tradesperson—Level VI | V10 | 873.10 | 22.98 |
| |||
Vehicle industry engineering associate—Level I | V11 | 896.40 | 23.59 |
Vehicle industry engineering associate—Level II | V12 | 943.30 | 24.82 |
| |||
Vehicle industry leading technical officer &Principal engineering trainer/supervisor/co-ordinator | V13 | 966.80 | 25.44 |
| |||
Vehicle industry principal technical officer | V14 | 1009.10 | 26.56 |
| |||
Driver classifications | |||
Vehicle industry driver—Level I | D1 | 717.60 | 18.88 |
Vehicle industry driver—Level II | D2 | 726.20 | 19.11 |
Vehicle industry driver—Level III | D3 | 735.00 | 19.34 |
Vehicle industry driver—Level IV | D4 | 745.50 | 19.62 |
9. By deleting the table appearing in clause 51.3(a) and inserting the following:
Year of apprenticeship | Award reference | Total weekly rate payable |
$ | ||
Stage 1 or 1st year | National Training Wage Award—Skill Level B exit rate | See Schedule E—National Training Wage |
Stage 2 or 2nd year | Vehicle industry/production employee Level 1—V1 | 640.90 |
Stage 3 or 3rd year | Vehicle industry/production employee Level 2—V2 | 659.40 |
Stage 4 or 4th year | Vehicle industry/production employee Level 3—V3 | 684.70 |
10. By deleting the table appearing in clause 51.3(b) and inserting the following:
Year of apprenticeship | Award reference | Total weekly rate payable |
$ | ||
Stage 1 or 1st year | 80% of Vehicle industry tradesperson - Level 1 (V5) | 597.00 |
Stage 2 or 2nd year | Vehicle industry/production employee Level 1 - V1 | 640.90 |
Stage 3 or 3rd year | Vehicle industry/production employee Level 2 - V2 | 659.40 |
Stage 4 or 4th year | Vehicle industry/production employee Level 3 - V3 | 684.70 |
11. By deleting the amounts “$754.20”and “$19.85”wherever they appear in clause 62.6(b) and inserting “$776.80”and “$20.44”respectively.
12. By deleting the amounts “$815.40”and “$21.46”wherever they appear in clause 62.6(c) and inserting “$839.90”and “$22.10”respectively.
13. By deleting clause E.5 and inserting the following:
E.5 Minimum Wages
E.5.1 Minimum wages for full-time traineeships
(a) Wage Level A
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 Appendix E1 are:
Highest year of schooling completed | |||
Year 10 | Year 11 | Year 12 | |
per week | per week | per week | |
$ | $ | $ | |
School leaver | 287.90 | 317.10 | 377.80 |
Plus 1 year out of school | 317.10 | 377.80 | 439.60 |
Plus 2 years out of school | 377.80 | 439.60 | 511.60 |
Plus 3 years out of school | 439.60 | 511.60 | 585.80 |
Plus 4 years out of school | 511.60 | 585.80 | |
Plus 5 or more years out of school | 585.80 | ||
(b) Wage Level B
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 Appendix E1 are:
Highest year of schooling completed | |||
Year 10 | Year 11 | Year 12 | |
per week | per week | per week | |
$ | $ | $ | |
School leaver | 287.90 | 317.10 | 367.60 |
Plus 1 year out of school | 317.10 | 367.60 | 422.80 |
Plus 2 years out of school | 367.60 | 422.80 | 495.80 |
Plus 3 years out of school | 422.80 | 495.80 | 565.60 |
Plus 4 years out of school | 495.80 | 565.60 | |
Plus 5 or more years out of school | 565.60 | ||
(c) Wage Level C
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 Appendix E1 are:
Highest year of schooling completed | |||
Year 10 | Year 11 | Year 12 | |
per week | per week | per week | |
$ | $ | $ | |
School leaver | 287.90 | 317.10 | 367.60 |
Plus 1 year out of school | 317.10 | 367.60 | 413.80 |
Plus 2 years out of school | 367.60 | 413.80 | 462.20 |
Plus 3 years out of school | 413.80 | 462.20 | 515.00 |
Plus 4 years out of school | 462.20 | 515.00 | |
Plus 5 or more years out of school | 515.00 | ||
(d) AQF Certificate Level IV traineeships
(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:
Wage level | First year of traineeship | Second and subsequent years of traineeship |
per week | per week | |
$ | $ | |
Wage Level A | 608.30 | 631.90 |
Wage Level B | 586.90 | 609.50 |
Wage Level C | 534.10 | 554.30 |
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 Appendix E1 are:
Highest year of schooling completed | |||
Year 10 | Year 11 | Year 12 | |
per hour | per hour | per hour | |
$ | $ | $ | |
School leaver | 9.47 | 10.44 | 12.43 |
Plus 1 year out of school | 10.44 | 12.43 | 14.47 |
Plus 2 years out of school | 12.43 | 14.47 | 16.83 |
Plus 3 years out of school | 14.47 | 16.83 | 19.26 |
Plus 4 years out of school | 16.83 | 19.26 | |
Plus 5 or more years out of school | 19.26 | ||
(b) Wage Level B
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 Appendix E1 are:
Highest year of schooling completed | |||
Year 10 | Year 11 | Year 12 | |
per hour | per hour | per hour | |
$ | $ | $ | |
School leaver | 9.47 | 10.44 | 12.10 |
Plus 1 year out of school | 10.44 | 12.10 | 13.91 |
Plus 2 years out of school | 12.10 | 13.91 | 16.32 |
Plus 3 years out of school | 13.91 | 16.32 | 18.61 |
Plus 4 years out of school | 16.32 | 18.61 | |
Plus 5 or more years out of school | 18.61 | ||
(c) Wage Level C
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 Appendix E1 are:
Highest year of schooling completed | |||
Year 10 | Year 11 | Year 12 | |
per hour | per hour | per hour | |
$ | $ | $ | |
School leaver | 9.47 | 10.44 | 12.10 |
Plus 1 year out of school | 10.44 | 12.10 | 13.61 |
Plus 2 years out of school | 12.10 | 13.61 | 15.20 |
Plus 3 years out of school | 13.61 | 15.20 | 16.94 |
Plus 4 years out of school | 15.20 | 16.94 | |
Plus 5 or more years out of school | 16.94 | ||
(d) School-based traineeships
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 Appendix E1 are as follows when the trainee works ordinary hours:
Year of schooling | |
Year 11 or lower | Year 12 |
per hour | per hour |
$ | $ |
9.47 | 10.44 |
(e) AQF Certificate Level IV traineeships
(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:
Wage level | First year of traineeship | Second and subsequent years of traineeship |
per hour | per hour | |
$ | $ | |
Wage Level A | 20.01 | 20.79 |
Wage Level B | 19.29 | 20.04 |
Wage Level C | 17.57 | 18.24 |
(f) Calculating the actual minimum wage
(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.
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 E1 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.
B. This determination comes into operation from 1 July 2014. In accordance with s.166(5) of the Fair Work Act 2009 this determination does not take effect until the start of the first full pay period that starts on or after 1 July 2014.
SENIOR DEPUTY PRESIDENT
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