2004 WAIRC 11661
100423027
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES ON THE COMMISSION'S OWN MOTION

HON MINISTER FOR CONSUMER AND EMPLOYMENT PROTECTION, AUSTRALIAN MINES & METALS ASSOCIATION INC, TRADES AND LABOR COUNCIL OF WESTERN AUSTRALIA, CHAMBER OF COMMERCE & INDUSTRY OF WESTERN AUSTRALIA

CORAM COMMISSION IN COURT SESSION
CHIEF COMMISSIONER W S COLEMAN
SENIOR COMMISSIONER A R BEECH
COMMISSIONER J H SMITH
DATE THURSDAY, 3 JUNE 2004
FILE NO APPLICATION 570 OF 2004
CITATION NO. 2004 WAIRC 11661
_______________________________________________________________________________
Result State Wage Case Increase – Principles, Safety Net Adjustment and Minimum Adult Award Wage
Representation
RESPONDENT MR R MCFERRAN ON BEHALF OF THE WA FRUIT GROWERS’ ASSOCIATION
Ms S Howard on behalf of the Western Australian Hotels and Hospitality Association (Incorporated) Union of Employers
Mr P Wilding and Ms C Purcell on behalf of the Minister for Consumer and Employment Protection
Ms C Ozich (of counsel) on behalf of the Trades and Labour Council
Mr J Flood on behalf of the Australian Mines and Metals Association Inc
Mr G Bull (of counsel) and with him Mr G Blyth on behalf of the Chamber of Commerce and Industry of Western Australia
_______________________________________________________________________________

General Order and Orders

THE COMMISSION IN COURT SESSION constituted for the purpose of Section 51 of the Industrial Relations Act, 1979 (“the Act”) and having concluded that the “decision of the Australian Industrial Relations Commission in the May 2004 Safety Net Review – Wages” (Print PR002004) is a National Wage Decision under section 51(1) of the Act and being satisfied that there are no good reasons not to give effect to the National Wage Decision,

AND HAVING reviewed minimum weekly rates under section 51D of the Act in accordance with the requirements of section 51E(1) of the Act;

NOW THEREFORE the Commission in Court Session pursuant to section 51 of the Act hereby orders:

General Order

1. THAT pursuant to section 27(1)(j) of the Act, the Minister for Consumer and Employment Protection, the Trades and Labor Council, the Chamber of Commerce and Industry of Western Australia Inc. and the Australian Mines and Metals Association Inc. be made parties to this matter (Matter No. 570 of 2004).

2. THAT pursuant to section 51 of the Act the General Order which issued in Matter No. 569 of 2003 with respect to matters which gave effect to the National Wage Case of 2003 is rescinded with effect on and from 4th June 2004.

3. THAT the Statement of Principles under the General Order in Matter No. 569 of 2003 be replaced by the Statement of Principles – June 2004 (in the schedule attached hereto).

4. THAT rates of pay of adults in the awards set out in the schedules published by the Commission, be increased under this General Order by the arbitrated safety net adjustment of $19.00 per week with effect on and from 4th June 2004 AND that this increase shall be subject to absorption in the same terms as previous State Wage decisions; and

5. THAT any increase to wages result from the General Order unless provided for elsewhere shall be calculated on the basis that:

(a) Where the award prescribes an adult fortnightly rate of pay the fortnightly rate of pay be increased by $38.00 per fortnight with effect on and from the
4th June 2004.

(b) Where the award prescribes an annual rate of pay, the annual rate of pay is increased by $991.00 per annum with effect on and from 4th June 2004.

(c) Where the award prescribes an adult hourly rate of pay, the hourly rate of pay is increased by the amount of $19.00 per week divided by the number of ordinary hours of work prescribed by the relevant award for a full time employee. Where applicable, casual loadings are to be calculated based on the hourly rate.

6. THAT where an award rate other than an adult rate is determined by reference to a percentage of the adult rate or some other formula those award rates shall be varied on the basis of that percentage or formula to take into account the application of the arbitrated safety net adjustment of $19.00 per week to the adult award wage.

7. THAT increases under State Wage Case Principles prior to June 2004, except those resulting from enterprise agreements, are not to be used to offset the arbitrated safety net adjustment of $19.00 per week.

8. THAT allowances which relate to work or conditions which have not changed and service increments may be varied in accordance with the Statement of Principles – June 2004 by an application to amend the award.

9. (a) THAT all awards which contain Clause 1B. – Minimum Adult Award Wage shall be varied to delete the existing provision and in lieu thereof insert the following:

1B. - MINIMUM ADULT AWARD WAGE

(1) No adult employee shall be paid less than the Minimum Adult Award Wage unless otherwise provided by this clause.

(2) The Minimum Adult Award Wage for full time adult employees is $467.40 per week payable on and from 4th June 2004.

(3) The Minimum Adult Award Wage of $467.40 per week is deemed to include all arbitrated safety net adjustments from State Wage Case decisions.

(4) Unless otherwise provided in this clause adults employed as casuals, part time employees or pieceworkers or employees who are remunerated wholly on the basis of payment by result shall not be paid less than pro rata the Minimum Adult Award Wage according to the hours worked.

(5) Juniors shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award to the Minimum Adult Award Wage of $467.40 per week.

(6) (a) The Minimum Adult Award Wage shall not apply to apprentices, employees engaged on traineeships or Jobskill placements or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate.

(b) Liberty to apply is reserved in relation to any special categories of employees not included here or otherwise in relation to the application of the Minimum Adult Award Wage.

(7) Subject to this clause the Minimum Adult Award Wage shall -

(a) apply to all work in ordinary hours.

(b) apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.

(8) Minimum Adult Award Wage

The rates of pay in this award include the minimum weekly wage for adult employees payable under the 2004 State Wage Case Decision. Any increase arising from the insertion of the minimum adult award wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum adult award wage.

(9) Adult Apprentices
(a) Notwithstanding the provisions of this clause, an apprentice, 21 years of age or over, shall not be paid less than $406.70 per week.
(b) The rate paid in paragraph (a) above is payable on superannuation and during any period of paid leave prescribed by this Award.
(c) Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.
(d) Nothing in this clause shall operate to reduce the rate of pay fixed by this award for an adult apprentice in force immediately prior to 5th June 2003.

(b) THAT in awards set out hereunder which contain in another clause text identical to that in clause 1B (prior to the variation under 9(a) above) shall be varied by deleting that clause and inserting in lieu thereof in the relevant clause the following:

MINIMUM ADULT AWARD WAGE

(1) No adult employee shall be paid less than the Minimum Adult Award Wage unless otherwise provided by this clause.

(2) The Minimum Adult Award Wage for full time adult employees is $467.40 per week payable on and from 4th June 2004.

(3) The Minimum Adult Award Wage of $467.40 per week is deemed to include all arbitrated safety net adjustments from State Wage Case decisions.

(4) Unless otherwise provided in this clause adults employed as casuals, part time employees or pieceworkers or employees who are remunerated wholly on the basis of payment by result shall not be paid less than pro rata the Minimum Adult Award Wage according to the hours worked.

(5) Juniors shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award to the Minimum Adult Award Wage of $467.40 per week.

(6) (a) The Minimum Adult Award Wage shall not apply to apprentices, employees engaged on traineeships or Jobskill placements or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate.

(b) Liberty to apply is reserved in relation to any special categories of employees not included here or otherwise in relation to the application of the Minimum Adult Award Wage.

(7) Subject to this clause the Minimum Adult Award Wage shall -

(a) apply to all work in ordinary hours.

(b) apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.

(8) Minimum Adult Award Wage

The rates of pay in this award include the minimum weekly wage for adult employees payable under the 2004 State Wage Case Decision. Any increase arising from the insertion of the minimum adult award wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum adult award wage.

(9) Adult Apprentices
(a) Notwithstanding the provisions of this clause, an apprentice, 21 years of age or over, shall not be paid less than $406.70 per week.
(b) The rate paid in paragraph (a) above is payable on superannuation and during any period of paid leave prescribed by this Award.
(c) Where in this award an additional rate is expressed as a percentage, fraction, or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.
(d) Nothing in this clause shall operate to reduce the rate of pay fixed by this award for an adult apprentice in force immediately prior to 5th June 2003.

Awards
Award No
Clause



  Air Conditioning and Refrigeration Industry (Construction and Servicing) Award
R 10/1979
29A
  Animal Welfare Industry Award
8/1968
19A
  Asbestos Jointings Industry Award 1967
7/1967
24A
  B.P. Refinery (Kwinana) Construction, Mining and Energy Workers Union Award 1980 - The
A 2/1981
36
  Bespoke Bootmakers' and Repairers' Award No. 4 of 1946
4/1946
8A
  Bradken Bassendean (WA) Way Forward Enterprise Award 2003
A9/2003
4.1
  Building Trades (Goldmining Industry) Award
29/1965, 32/1965, 4/1966
9A
  Building Trades Award 1968
31/1966
10A
  Burswood International Resort Casino Employees Award 2002
A 4/2002
6
  Burswood Catering and Entertainment Pty Ltd Employees Award 2001
A 4/2001
6
  Case and Box Makers Award, 1952
48/1951
6A
  Cement Workers' Award, 1975
10/1967
11A
  Clothing Trades Award
16/1972
19
  Club Workers' Award, 1976
12/1976
21A
  Egg Processing Award 1978
R42/1978
1A
  Engineering and Engine Drivers' (Nickel Smelting) Award, 1973
4/1973
23
  Foremen (Building Trades) Award 1991
A 5/1987
6
  Fruit Growing and Fruit Packing Industry Award - The
R 17/1979
24A
  Gaol Officers' Award 1998
12/1968
2B
  Grain Handling Salaried Officers’ Consolidated Award 1989
37/1965
1A
  Hospital Salaried Officers (Australian Red Cross Blood Service, Western Australia) Award, 1978
R 17/1974
2B
  Hotel and Tavern Workers' Award, 1978
R 31/1977
21A
  Industrial Catering Workers' Award, 1977
29A/1974
22A
  Marine Stores Award
13/1958
6A
  Mineral Sands Mining and Processing (Engineering and Building Trades) Award, 1977
6/1977
26A
  Mineral Sands Mining and Processing Industry Award, 1981
A 38/1981
28
  Motel, Hostel, Service Flats and Boarding House Workers' Award, 1976
29/1974
21A
  Nickel Mining and Processing Award, 1975
18/1975
38
  Nickel Smelting (Western Mining Corporation Limited) Award, 1972
18/1972
24
  Optical Mechanics' Award, 1971
9/1970
24A
  Private Hospital Employees' Award, 1972
27/197
35
  Radio and Television Employees' Award
R 3/1980
29A
  Restaurant, Tearoom and Catering Workers' Award, 1979
R 48/1978
21A
  Saddlers and Leatherworkers' Award
7/1962
9A
  Saw Servicing Establishments Award No. 17 of 1977
17/1977
29
  Shearing Contractors Award of Western Australia
A2/2003
4.1
  Sheet Metal Workers' Award No. 10 of 1973
10/1973
6A
  Soft Furnishings Award
A 23/1982
7A
  State Research Stations, Agricultural Schools and College Workers’ Award 1971
23/1971
27
  Timber Yard Workers Award No. 11 of 1951
11/1951
30
  Tin and Associated Minerals Mining and Processing Industry Award No.14 of 1971
14/1971
31
  Watchmakers’ and Jewellers Award 1970
10/1970
8A
  Water Corporation (Staff) Award 2003
PSAA1/2003
30


(c) THAT the awards set out hereunder which prescribe a minimum weekly wage for adult employees are varied by deleting that provision and inserting the text of the Adult Minimum Award Wage of this Order.

MINIMUM ADULT AWARD WAGE

(a) No adult employee shall be paid less than the Minimum Adult Award Wage unless otherwise provided by this clause.

(b) The Minimum Adult Award Wage for full time adult employees is $467.40 per week payable on and from 4th June 2004.

(c) The Minimum Adult Award Wage of $467.40 per week is deemed to include all arbitrated safety net adjustments from State Wage Case decisions.

(d) Unless otherwise provided in this clause adults employed as casuals, part time employees or pieceworkers or employees who are remunerated wholly on the basis of payment by result shall not be paid less than pro rata the Minimum Adult Award Wage according to the hours worked.

(e) Juniors shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award to the Minimum Adult Award Wage of $467.40 per week.

(f) (i) The Minimum Adult Award Wage shall not apply to apprentices, employees engaged on traineeships or Jobskill placements or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate.

(ii) Liberty to apply is reserved in relation to any special categories of employees not included here or otherwise in relation to the application of the Minimum Adult Award Wage.

(g) Subject to this clause the Minimum Adult Award Wage shall -

(i) apply to all work in ordinary hours.

(ii) apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.

(h) Minimum Adult Award Wage

The rates of pay in this award include the minimum weekly wage for adult employees payable under the 2004 State Wage Case Decision. Any increase arising from the insertion of the minimum adult award wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required. Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum adult award wage.

(i) Adult Apprentices

(i) Notwithstanding the provisions of this clause, an apprentice, 21 years of age or over, shall not be paid less than $406.70 per week.

(ii) The rate paid at paragraph (i) above is payable on superannuation and during any period of paid leave prescribed by this Award.

(iii) Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of the apprenticeship.

(iv) Nothing in this sub-clause shall operate to reduce the rate of pay fixed by this Award for an adult apprentice in force immediately prior to 5th June 2003.

Awards
Award No
Clause



  Argyle Diamonds Production Award 1996
A7/1996
23(4)
  AWU Gold (Mining and Processing) Award 1993
A 1/1992
16(6)
  Bag, Sack and Textile Award
3/1960
25(4)
  Bakers' (Country) Award No. 18 of 1977
R 18/1977
8(6)
  Dried Vine Fruits Industry Award, 1951 - The
8/1951
22(3)
  Earth Moving and Construction Award
10/1963
27 - after Part 3
  Electrical, Engineering and Building Trades (West Australian Newspapers Limited) Award, 1988
A 17/1985
First Schedule Cl. 8
  Electronics Industry Award No. A22 of 1985
A 22/1985
Part II – Construction Work Cl 10(9) (also contains a standard ‘1B’ clause)
  Engineering Trades (Government) Award, 1967 Award Nos. 29, 30 and 31 of 1961 and 3 of 1962
29/1961, 30/1961, 31/1961, 3/1962
First Schedule Wages - Cl. 14
  Fire Brigade Employees (Workshops) Award 1983
A 6/1981
19(8)
  Furniture Trades Industry Award
A 6/1984
8(6)
  Gold Mining Engineering and Maintenance Award
26/1947
5(8)
  Golf Link and Bowling Green Employees' Award, 1993
16/1967
27(4)
  Government Railways Locomotive Enginemen's Award 1973 - 1990
13/1973
14(14)
  Government Water Supply, Sewerage and Drainage Employees Award 1981
2/1980
38(9)
  Landscape Gardening Industry Award
R 18/1978
25(6)
  Metal Trades (General) Award 1966
13/1965
Part I - Cl. 31(6)
Part II - Cl. 10(8)
  Metropolitan Health Service Engineering and Building Services Enterprise Award 1999
A 1/1999
Append A(6)
  Minerals Production (Salt) Industry Award 1969
36/1968
26(4)
  Pastrycooks' Award No. 24 of 1981
24/1981
10(4)
  Plastic Manufacturing Award 1977
5/1977
22(7)
  Quadriplegic Centre Award
A 1/1993
27 Part C (1)(e)
  Quarry Workers' Award, 1969
13/1968
Cl. 27(6)
  Railway Employees' Award No. 18 of 1969
18/1969
44(8)
  Sugar Refining Award - The
A 41/1982
7(14)
  Timber Workers Award No. 36 of 1950
36/1950
52(9)
  Vehicle Builders' Award 1971
9/1971
9(9)
  Wineries Award 1969
31/1969
7(5)
  Wire Manufacturing (Australian Wire Industries Pty. Ltd.) Award No.24 of 1970
24/1970
25(5)
  Wundowie Foundry Award 1986
A 8/1986
23(6)


10. THAT the General Order has no application to wages set out in clauses, schedules or appendices in the awards set out hereunder as these wage rates serve only to facilitate transitional or interim arrangements or the translation of wage rates to revised schedules. These clauses, schedules or appendices have no relevance to current rates of pay under the awards specified.

Awards





  Clerks’ (R.A.C. Control Room Officers) Award of 1988; No. A 42 of 1987

Appendix A - Translation Table
  Clothing Trades Award 1973; Award No. 16 of 1972

Clause 18.- Wages
  Club Workers’ Award, 1976, No. 12 of 1976

Subclause (4) of Clause 10A.– Translation of Casual Employees


Subclause (4) of Clause 21B.– Translation of Full-Time and Part-Time Employees
  Egg Processing Award 1978; Award No. R 42 of 1978

Appendix 4 – Transitional Arrangement
  Family Day Care Co-ordinators’ and Assistants’ Award, 1985; Award No. A 16 of 1985

Schedule C – Family Day Care Co-ordinators and Assistants Award Implementation of Minimum Rates Adjustment
  Gold Mining Engineering and Maintenance Award; Award No. 26 of 1947

Schedule II - Superseded Classification Structure and Definitions


Appendix I – Kalgoorlie Consolidated Gold Mines Pty Ltd
  Hotel and Tavern Workers’ Award, 1978; No. R 31 of 1977

Subclause (4) of Clause 10A.– Translation of Casual Employees


Subclause (4) of Clause 21B.– Translation of Full-Time and Part-Time Employees
  Motel, Hostel, Service Flats and Boarding House Workers’ Award, 1976, Award No. 29 of 1974

Subclause (4) of Clause 10A.– Translation of Casual Employees


Subclause (4) of Clause 20A.– Translation of Full-Time and Part-Time Employees
  Railway Employees' Award No 18 of 1969

Appendix A
Appendix C


Appendix D


Appendix E


Appendix F


Appendix G
  Railway Officers’ Award, 1985; No 1 of 1985

Schedule D - Transitional Provisions - Broadbanding of Salaries
  Restaurant, Tearoom and Catering Workers’ Award 1979; Award No. R 48 of 1978

Subclause (4) of Clause 10A. – Translation of Casual Employees


Subclause (4) of Clause 20A. – Translation of Full-Time and Part-Time Employees
  State Energy Commission of Western Australia Wages and Conditions Award, 1988; Award No. A 1 of 1989

Schedule 1


11. NOTWITHSTANDING the terms of clause 4 of this General Order, the arbitrated safety net adjustment of $19.00 per week shall not have application to wage rates in the Awards listed hereunder:

  ANI Engineering Bassendean (WA) Way Forward Enterprise Award 1998, No A2 of 1998
  Bradken Bassendean (WA) Way Forward Enterprise Award 2001, No A6 of 2001
  Bradken Bassendean (WA) Way Forward Enterprise Award 2003; Clause 4.2 only
  Clerks (Racing - Betting) Award 1978, No R 22 of 1977; Schedule C only
  Kalgoorlie Consolidated Gold Mines Award, 2002; Clause 10 only
  Shearing Contractors Award of Western Australia, 2003, No. A2 of 2003; Clause 4.2 only


FURTHER NOW THEREFORE pursuant to section 51F(1) of the Act the Commission in Court Session hereby orders:

Orders

12. THAT pursuant to section 51F(1)(a) of the Act the General Order that established the Minimum Weekly Rate of Pay under section 12 of the Minium Conditions of Employment Act, 1993 applicable to an employee who has reached 21 years of age and who is not an apprentice or trainee in matter No. 569 of 2003 is rescinded with effect on and from 4th June 2004;

13. THAT the Minimum Weekly Rate of Pay pursuant to section 12 of the Minimum Conditions of Employment Act, 1993 applicable to an employee
(a) who has reached 21 years of age; and
(b) who is not an apprentice or trainee,
shall be $467.40 per week; and

14. THAT in accordance with section 51H(1) of the Act the rate in (13) above shall have effect on and from 4th June 2004.


FURTHER NOW THEREFORE following the review under section 51E(1) of the Act the Commission in Court Session hereby orders:

Orders

15. THAT pursuant to section 51F(1)(a) of the Act the Order that established minimum weekly rates of pay under sections 14 and 15 of the Minimum Conditions of Employment Act, 1993 to apprentices and trainees in Matter No. 569 of 2003 is rescinded with effect on and from 4th June 2004.

Apprentices

16. THAT pursuant to section 51F(1)(b) of the Act the minimum weekly rate of pay applicable under section 14 of the Minimum Conditions of Employment Act, 1993 to apprentices shall be:

(a) in relation to that class of apprentice to whom an award or a relevant award applies where an employer-employee agreement is in force, the minimum weekly rate of pay shall be the rate of pay that applies to that class of apprentice under the award where the award applies or the relevant award where an employer-employee agreement is in force.

(b) in relation to that class of apprentice to whom an award does not apply and to whom there is no relevant award to apply if an employer-employee agreement is in force or is subsequently entered into, the minimum weekly rate of pay shall be the rate of pay determined by reference to apprentices rates of pay in the Metal Trades (General) Award, 1966 which operate on and from 4th June 2004 namely:


Total Rate per Week
Four Year Term

First year
$235.70
Second year
$308.66
Three year
$420.90
Fourth year
$493.86


Three and a Half Year Term

First six months
$235.70
Next year
$308.66
Next year
$420.90
Final year
$493.86


Three Year Term

First year
$308.66
Second year
$420.90
Third year
$493.86


Trainees

17. THAT pursuant to section 51F(1)(b) of the Act the minimum weekly rate of pay applicable under section 15 of the Minimum Conditions of Employment Act, 1993 to trainees shall be:

(a) in relation to that class of trainee to whom an award applies or a relevant award applies where an employer-employee agreement is in force, the minimum weekly rate of pay shall be the rate of pay that applies to that class of trainee under the award where an award applies or the relevant award where an employer-employee agreement is in force.

(b) in relation to that class of trainee to whom an award does not apply and to whom there is no relevant award to apply if an employer-employee agreement is in force or is subsequently entered into, the minimum weekly rate of pay at the relevant Industry/Skill level as determined by reference to Attachment A hereunder, shall be the rate of pay contained in the following table (Table 1). These rates of pay are based on the Metal Trades (General) Award, 1966 which operated as at 3rd June 2004:

Table 1
Industry/Skill Level A
School Leaver
Year 10
$
Year 11
$
Year 12
$

153.00
183.00
225.00




Plus 1 year our of school
183.00
225.00
261.00
Plus 2 years
225.00
261.00
303.00
Plus 3 years
261.00
303.00
347.00
Plus 4 years
303.00
347.00

Plus 5 years or more
347.00



Industry/Skill Level B
School Leaver
Year 10
$
Year 11
$
Year 12
$

153.00
183.00
215.00




Plus 1 year our of school
183.00
215.00
246.00
Plus 2 years
215.00
246.00
288.00
Plus 3 years
246.00
288.00
329.00
Plus 4 years
288.00
329.00

Plus 5 years or more
329.00



Industry/Skill Level C
School Leaver
Year 10
$
Year 11
$
Year 12
$

153.00
183.00
200.00




Plus 1 year our of school
183.00
200.00
225.00
Plus 2 years
200.00
225.00
253.00
Plus 3 years
225.00
253.00
284.00
Plus 4 years
253.00
284.00

Plus 5 years or more
284.00




For any class of trainees under this subclause undertaking a traineeship that is not provided for in Attachment A, the minimum weekly rate of pay shall be the rate of pay in Industry/Skill Level C.

Australian Qualification Framework (AQF)

For a trainee in this class undertaking a AQF4 traineeship the minimum weekly rate of pay shall be the weekly wage rate for an AQF3 trainee at Industry/Skill Levels A, B or C as applicable with the addition of 3.8 per cent of that wage rate.

Part time and School Based Trainees

This provision shall apply to trainees who undertake a traineeship on a part time basis, or as a School Based trainee, by working less than full time hours and by undertaking the approved training at the same or lesser training time than a full time trainee.

School Based trainees will receive the relevant wage rate at Skill/Industry Levels A, B and C as applicable, as for School Leavers.

The minimum weekly rate of pay for part time and School Based trainees shall be calculated by taking full time rates expressed above multiplied by 1.25. This minimum weekly rate of pay for part time School Based trainees is then divided by 38 in accordance with section 10 of the Minimum Conditions of Employment Act, 1993 to produce a minimum hourly rate of pay.

(c) in relation to that class of trainee to whom an award applies or a relevant award applies where an employer-employee agreement is in force and who has reached 21 years of age, the minimum weekly rate of pay is the rate of pay that applies to that class of trainee determined by reference to the highest weekly wage rate for the skill level relevant to the traineeship under the award or under the relevant award where an employer-employee agreement is in force.

(d) in relation to that class of trainee to whom an award does not apply and to whom there is no relevant award to apply if an employer-employee agreement is in force or is entered in to and who has reached 21 years of age, the minimum weekly rate of pay shall be that determined by reference to the highest weekly wage rate for the skill level relevant to the traineeship set out hereunder:

Industry/Skill Level A
$347.00 per week
Industry/Skill Level B
$329.00 per week
Industry/Skill Level C
$284.00 per week

18. THAT the minimum weekly rates of pay pursuant to this Order for the purposes of section 14 and 15 of the Minimum Conditions of Employment Act, 1993 shall have effect on and from 4th June 2004.






COMMISSION IN COURT SESSION
ATTACHMENT A

INDUSTRY/SKILL LEVEL A

TRAINEESHIP
CERTIFICATE
LEVEL
Administration/Business Services

Local Government (Governance & Administration)
II & III & IV
Business Administration
III & IV
Business
II & III & IV
Business (Legal Administration/Services)
III & IV
Business (Recordkeeping)
III & IV
Business (Marketing)
IV
Business (Human Resources)
IV
Business (Small Business Management)
IV
Workplace Readiness*
I
Beauty

Beauty
III
Beauty Therapy
IV
Civil Construction

Civil Construction – Plant
III
Pipelaying
III
Road Construction and Maintenance
III
Bridge/Marine Construction*
III
Foundation Work- Anchors Piling*
III
Railway Construction and Maintenance*
III
Community Services

Community Care Work*
III
Community Services (Aged Care Worker)
III
Community Services (Children’s Services)
III
Community Services (Youth Work)
III
Community Services Work*
II & III
Bi-Lingual/Bi-Cultural Community Services Work*
II & III
Disability Work*
III & IV
Social Housing Work*
III & IV
Correctional Services

Correctional Practice (Custodial)
III & IV
Correctional Practice
III & IV
Financial Services

Financial Services
III & IV
Financial Services (General Insurances)
III & IV
Financial Services (Accounts Clerical)
III
Financial Services (Financial Planning Support)*
IV
Floristry

Floristry
III

* Denotes new Traineeship created since 5th June 2003

Food Processing

Food Processing
III
Food Processing (Plant Baking)
III
Food Processing (Wine)
III
Pharmaceutical Manufacturing
III
Gas Industry

Gas Operations
III & IV
Hospitality

Hospitality – (Accommodation Services)
III
Hospitality – (Food & Beverage)
III
Hospitality – (Operations)
III
Hospitality - Supervision
IV
Information Technology

Information Technology (Applications)
II
Information Technology (General)
III
Information Technology (Network Administration)
III
Information Technology (Software Application)
III
Information Technology (Network Management)
IV
Information Technology (Website Design)*
IV
Information Technology (Database Administration)
IV
Information Technology (Multimedia)
IV
Information Technology (Technical Support)
IV
Information Technology (Systems Analysis & Design)
IV
Information Technology & Telecommunication Services
II
Laboratory Operations

Laboratory Skills
III
Laboratory Techniques
IV
Metal and Engineering

Engineering Technician
III
Draftsperson
V
Production Systems (Surface Finishing)
III
Engineering – Higher Engineering Trade
IV
Production Systems (Foundry)*
III
Museum and Library/Information Services

Library and Information Services
II & III & IV
Museum Practice
II & III
Plastics, Rubber and Cablemaking/Process Manufacturing

Plastics
III
Process Manufacturing
III
Polymer Technology
IV
Plastics – Film
III
Plastics – Blow Moulding
III
Plastics – Composites
III
Plastics – Extrusion
III
Plastics – Fabrication
III

* Denotes new Traineeship created since 5th June 2003

Plastics – Injection Moulding
III
Plastics – Thermoforming
III
Plastics – Rotational Moulding*
III
Plastics – Polystrene*
III
Rubber*
III
Rubber - Injection Moulding
III
Rubber - Belt Splicing
III
Rubber – Rubber Lining
III
Process Manufactured Mineral Products
III & IV
Process Plant Operations
III
Process Plant Technology
IV
Process Support*
III
Public Services/Public Safety

Policing
III
Government
II & III & IV
Government – Fraud Control Investigation
IV
Government – Fraud Control Prevention/Detection
IV
Retail

Retail Operations
III
Retail Supervision
III
Community Pharmacy
III
Telecommunications

Telecommunications
II & III & IV
Telecommunications Cabling
II & IV
Telecommunications (Access Network)*
II
Telecommunications (Cabling & Customer Premises Equipment)*
III
Telecommunications (Engineering)*
IV
Customer Contact*
III & IV
Textile Clothing and Footwear

Textile Fabrication
III
Textile Production
III
Laundry Operations
III
Clothing Production
III & IV
Dry Cleaning Operations
III
Early Stage Wool Processing
III
Hide Skin Leather Processing
III
Tourism

International Retail Travel Sales
III
Tourism (Attractions and Theme Parks)
II
Tourism (Guiding)
II & III & IV
Tourism (Sales/Office Operations)
II
Tourism (Visitor Information Services)
III
Transport and Distribution

Transport Administration*
III
Transport and Distribution (Cash in Transit)
III

* Denotes new Traineeship created since 5th June 2003

Transport and Distribution (Marine Engine Driving)
III
Transport and Distribution (Maritime Operations)
III
Transport and Distribution (Mobile Cranes)
III
Transport and Distribution (Rail Civil Infrastructure)
III
Transport and Distribution (Rail Operations)
III & IV
Transport and Distribution (Road Transport)
III & IV
Transport and Distribution (Stevedoring)
III
Transport and Distribution (Warehousing)
III & IV
Water Industry

Water Industry Operations
III & IV
Wholesale Training Package

Wholesale Operations
III
Other

Client/Patient Support Services
II & III
Allied Health Assistance
III
Health Support Services*
III
Health Service Assistance (Client Patient Services)*
III
Health Service Assistance (Sterilisation Services)*
III
Teacher Assistant (Indigenous)*
III
General Construction
II
General Construction Demolition
III
Materials Handling
III
Concreting/Steelfixing*
III

INDUSTRY/SKILL LEVEL B

TRAINEESHIP
CERTIFICATE
LEVEL
Aeroskills Industry

Aeroskills (Aircraft Avionics)
II
Aeroskills (Aircraft Mechanical)
II
Aeroskills (Aircraft Structures)
II
Asset Maintenance

Asset Maintenance (Cleaning Operations)
II & III
Asset Security

Technical Security
II & III
Automotive Industry/Retail Service and Repair

Automotive (Administration – Clerical)
II
Automotive (Administration – Service Reception)
II
Automotive (Administration – Vehicle Financing & Reins.)
II
Automotive (Administration – Vehicle Ins. & Loss Ass.)
II
Automotive (Administration – Vehicle Valuation/Purchasing)
II
Automotive (Electrical – Accessory Fitting)
II
Automotive (Mechanical – Air Conditioning)
II

* Denotes new Traineeship created since 5th June 2003

Automotive (Mechanical – Driveline)
II
Automotive (Mechanical – Exhaust Fitting and Repair)
II
Automotive (Mechanical – Radiator Repair)
II
Automotive (Mechanical – Steering & Suspension)
II
Automotive (Mechanical – Tyre Fitting and Repair Heavy)
II
Automotive (Mechanical – Tyre Fitting and Repair Light)
II
Automotive (Mechanical – Underbody)
II
Automotive (Mechanical – Vehicle Servicing)
II
Automotive (Mechanical – Wheel Alignment)
II
Automotive (Sales – Automotive Aftermarket)
II
Automotive (Sales – Replacement Parts and Accessories)
II
Automotive (Sales – Service Station Operations)
II
Automotive (Sales – Parts Interpreting)
III
Automotive (Sales – Vehicles)
II & III
Automotive (Sales – Warehousing)
II
Automotive (Vehicle Body – Accessory Fitting)
II
Automotive (Vehicle Body – Detailing)
II
Automotive (Vehicle Body – Dismantling)
II
Automotive (Vehicle Body – Glazing)
II
Automotive (Vehicle Body – Paint and Penal Preparation)
II
Automotive (Vehicle Body – Window Tinting)
II
Automotive Aftermarket Retail Operations
II & III
Automotive Aftermarket Warehousing Distribution Ops
II & III
Automotive Mechanical (Cylinder Head Reconditioning)
II
Bicycles Services
II
Marine Sales
II
Marine Services
II
Outdoor Power Equipment Services
II
Beauty

Make-Up Artistry
II
Nail Technology
II
Retail Cosmetic Assistant
II
Caravan Industry

Caravan Park Operations
II & III
Civil Construction

Civil Construction
II
Entertainment/Film TV Radio & Multimedia

Broadcasting (Radio)
III & IV
Broadcasting (Remote Area Operations)
III
Broadcasting (Television)
III & IV
Entertainment
II & III & IV
Entertainment (Front of House)
II
Entertainment (Lighting)
III & IV
Entertainment (Sound)
III & IV
Entertainment (Audiovisual)
III & IV
Entertainment (Costume)
III & IV

* Denotes new Traineeship created since 5th June 2003

Screen
III & IV
Multimedia
II & III & IV
Extractive Industries/Metalliferous

Drillers Assistant
II
Driller
III
Metalliferous Mining Operations (Open Cut)
II & III
Metalliferous Mining Operations (Processing)
II & III
Metalliferous Mining Operations (Underground)
II & III & IV
Extractive Industries Operator*
II & III
Floristry

Floristry
II
Food Processing Industry

Food Processing
II
Food Processing (Wine)
II
Pharmaceutical Manufacturing
II
Forest and Forest Products Industry

Forest and Forest Products (Forest Growing and Management)
II & III
Forest and Forest Products (Harvesting)
II & III
Forest and Forest Products (Sawmilling and Processing)
II & III
Forest and Forest Products (Timber Manufactured Products)
II & III
Forest and Forest Products (Timber Merchandising)
II & III
Forest and Forest Products (Wool Panel Products)
II & III
Gas Industry

Gas Operations
II
Hospitality Industry

Hospitality – (Asian Cookery)
II
Hospitality – (Catering Operations)
II
Hospitality – (Commercial Cookery)
II
Hospitality – (Patisserie)
II
Hospitality – (Operations)
II
Textile, Clothing and Footwear

Textile Production (Complex or Multiple Processes)
II
Dry Cleaning Operations
II
Laundry Operations
II
Meat

Meat Processing (Abattoirs)
II
Meat Processing (Boning)
III
Meat Processing (Food Services)
II
Meat Processing (General)
III
Meat Processing (Rendering)
III
Meat Processing (Smallgoods)
II & III
Meat Processing (Slaughtering)
III
Metal and Engineering

Engineering – Production
II

* Denotes new Traineeship created since 5th June 2003

Outdoor Recreation/Community Recreation

Outdoor Recreation
III & IV
Community Recreation
II & III
Plastics, Rubber and Cablemaking/Process Manufacturing

Process Manufacturing*
II
Process Manufacturing (Cablemaking)
II
Plastics
II
Plastics – Film
II
Plastics – Blow Moulding
II
Plastics – Composites
II
Plastics – Extrusion
II
Plastics – Fabrication
II
Plastics – Injection Moulding
II
Plastics – Thermoforming
II
Plastics – Rotational Moulding*
II
Plastics – Polystrene*
II
Rubber*
II
Rubber – Rubber Lining
II
Rubber – Injection Moulding
II
Rubber - Belt Splicing
II
Process Manufactured Mineral Products
II
Process Plant Operations
II
Process Support*
II
Printing and Graphic Arts

Desktop Publishing
II
Print Production Support
II
Screen Printing
II
Small Offset Printing
II
Printing and Graphic Arts (Multimedia)
III & IV
Printing and Graphic Arts (Printing)
IV
Public Safety

Public Safety – ATSI Police Liaison
II
Public Safety – ATSI Community Policing
II
Retail

Retail Operations
II
Community Pharmacy
II
Sport Industry

Fitness
II & III & IV
Sport (Career Orientated Participation)
II
Sport and Recreation
II & III & IV
Transport and Distribution

Transport Administration*
II
Transport and Distribution (Marine Engine Driving
II
Transport and Distribution (Maritime Operations)
II
Transport and Distribution (Rail Civil Infrastructure)
II
Transport and Distribution (Rail Operations)
II

* Denotes new Traineeship created since 5th June 2003

Transport and Distribution (Road Transport)
II
Transport and Distribution – Stevedoring
II
Transport and Distribution (Warehousing)
II
Air Freight Forwarding
II
Veterinary Nursing

Veterinary Nursing
IV
Water Industry

Water Industry Operations
II
Wholesale Training

Wholesale Operations
II
Other

Conservation and Land Management
II & III & IV
Furnishing (Flat Panel)
II
Furnishing (Flooring)
II
Furnishing (Polishing)
II
Furnishing (Upholstery)
II
Furniture Production
II
Furniture Product Knowledge
II
Glass and Glazing*
II
Glass Processing
III
Electrotechnology Data Communications*
II & III
Electrotechnology Servicing
II
Electrotechnology Remote Essential Services Operations
II
Electrotechnology Communications
III & IV
Electrotechnology Apparatus Servicing
IV
Electrotechnology Computer Systems
IV
Electrotechnology Entertainment and Servicing
IV
Electrotechnology Instrumentation
IV
Electrotechnology Refrigeration and Air Conditioning
IV
Electrotechnology Systems Electrician
IV
Electrotechnology Contracting
IV
Electrotechnology Explosion Protection
IV
Electrotechnology Radar Systems
IV
Communication Technology*
III
ESI Generation (Operations)
III & IV
ESI Generation (Mechanical)
III & IV
ESI Generation (Electrical/Electronic)
IV
ESI Generation (Fabrication)
III
ESI Generation (Systems Operations)
IV
ESI Distribution (Powerline)
III
Drainage*
II

* Denotes new Traineeship created since 5th June 2003
INDUSTRY/SKILL LEVEL C

TRAINEESHIP
CERTIFICATE
LEVEL
Agriculture

Agriculture
II & III & IV
Agriculture (Beef Cattle Production)
II & III & IV
Agriculture (Dairy)
II & III & IV
Agriculture (Goat Production)
II & III
Agriculture (Grain Production)
II & III
Agriculture (Horse Breeding)
II & III
Agriculture (Horticulture Production)
II & III
Agriculture (Pig Production)
II & III & IV
Agriculture (Sheep and Wool)
II & III
Agriculture (Rural Merchandising)
II & III
Horticulture

Horticulture
II & III & IV
Horticulture (Arboriculture)
II & III & IV
Horticulture (Floriculture)
II & III & IV
Horticulture (Landscape)
II & III & IV
Horticulture (Retail Nursery)
II & III & IV
Horticulture (Wholesale Nursery)
II & III & IV
Horticulture (Parks and Gardens)
II & III & IV
Horticulture (Production)
II & III & IV
Horticulture (Turf)
II & III & IV
Rural Operations
II & III
Music

Music
III & IV
Music Industry (Foundation)
II
Music Industry (Technical Production)
III & IV
Music Industry (Business)
III
Racing Industry

Racing – Stablehand
II
Racing - Advanced Stablehand
III
Racing – Trackrider
III
Racing – Jockey
IV
Racing - Harness Owner Trainer*
III
Seafood Industry

Seafood Processing (Operations)
II & III
Seafood Processing (Seafood Sales and Distribution)
II & III
Seafood (Aquaculture)
II & III & IV
Seafood (Fishing Operations)
II & III
Seafood (Fisheries Compliance)
III

* Denotes new Traineeship created since 5th June 2003
SCHEDULE


STATEMENT OF PRINCIPLES – June 2004

1. Role of Arbitration and the Award Safety Net

Existing wages and conditions in awards and relevant agreements of the Commission constitute the safety net which protects employees who may be unable to reach an industrial agreement.

Wages and conditions of employment maintained in awards in accordance with these Principles and through the operation of section 40B of the Act is the safety net.

These Principles do not have application to Enterprise Orders made under section 42I of the Act.

2. When an Award or relevant Agreement may be varied or another Award made without the claim being regarded as above or below the Safety Net:

In the following circumstances an award or relevant agreement may, on application, be varied or another award made without the application being regarded as a claim for wages and/or conditions above or below the award safety net:

(a) to include previous State Wage Case increases in accordance with Principle 3.

(b) to incorporate test case standards in accordance with Principle 4.

(c) to adjust allowances and service increments in accordance with Principle 5.

(d) to adjust wages pursuant to work value changes in accordance with Principle 6.

(e) to reduce standard hours to 38 per week in accordance with Principle 7.

(f) to adjust wages for arbitrated safety net adjustments in accordance with Principle 8.

(g) to vary an Award or relevant Agreement to include the Minimum Adult Wage in accordance with Principle 9.

(h) a consent variation to a single enterprise specific award or a consent replacement award to a single enterprise specific award under Principle 10 giving effect to structural efficiency initiatives or productivity based arrangements.

(i) where awards already make provision for superannuation pursuant to principles which operated under State Wage Cases from 1986 until 1993 the terms of those clauses may be varied to refer to current Federal Statutes in lieu of employers’ contributions, but these clause shall not be varied otherwise.

(j) to vary the award to incorporate industrial agreement provisions into the award by consent pursuant to section 40A of the Act. The incorporated industrial agreement wage rate and allowance provisions will not be subject to arbitrated safety net adjustments and will be identified separately in the award at the time of variation.

3. Previous State Wage Case Increases

Increases available under previous State Wage Case Decisions such as structural efficiency adjustments, and previous arbitrated safety net adjustments will, on application, still be accessible.

Minimum rates adjustments may also be progressed under this principle.

4. Test Case Standards

Test Case Standards established and/or revised by the Commission may be incorporated in an award. Where disagreement exists as to whether a claim involves a test case standard, those asserting that it does, must make an application and justify its referral. The Chief Commissioner will decide whether the claim should be dealt with by a Commission in Court Session.

5. Adjustment of Allowances and Service Increments

Existing allowances which constitute a reimbursement of expenses incurred may be adjusted from time to time where appropriate to reflect the relevant change in the level of such expenses.

Adjustment of existing allowances which relate to work or conditions which have not changed and of service increments will be determined in each case in accordance with State Wage Decisions.

Allowances which relate to work or conditions which have not changed and service increments may be adjusted as a result of the arbitrated safety net increase in Clause 8 of this Section.

In circumstances where the Commission has determined that it is appropriate to adjust existing allowances relating to work or conditions which have not changed and service increments for a monetary safety net increase, the method of adjustment shall be that such allowances and service increments should be increased by a percentage derived as follows: divide the monetary safety net increase by the rate of pay for the key classification in the relevant award immediately prior to the application of the safety net increase to the award rate and multiply by 100.

Existing allowances for which an increase is claimed because of changes in the work or conditions will be determined in accordance with the relevant provisions of the Work Value Changes Principle of this Statement of Principles.

New allowances to compensate for the reimbursement of expenses incurred may be awarded where appropriate having regard to such expenses.

Where changes in the work have occurred or new work and conditions have arisen, the question of a new allowance, if any, shall be determined in accordance with the relevant principles of this Statement of Principles. The relevant principles in this context may be Work Value Changes Principle or First Award and Extensions to an Existing Award Principle.

New service increments may only be awarded to compensate for changes in the work and/or conditions and will be determined in accordance with the relevant parts of the Work Value Changes Principle of this Statement of Principles.

6. Work Value Changes

(a) Changes in work value may arise from changes in the nature of the work, skill and responsibility required or the conditions under which work is performed. Changes in work by themselves may not lead to a change in wage rates. The strict test for an alteration in wage rates is that the change in the nature of the work should constitute such a significant net addition to work requirements as to warrant the creation of a new classification or upgrading to a higher classification.

In addition to meeting this test a party making a work value application will need to justify any change to wage relativities that might result not only within the relevant internal award classifications structure but also against external classifications to which that structure is related. There must be no likelihood of wage "leapfrogging" arising out of changes in relative position.

These are the only circumstances in which rates may be altered on the ground of work value and the altered rates may be applied only to employees whose work has changed in accordance with this provision.

In applying the Work Value Changes Principle, the Commission will have regard to the need for any alterations to wage relativities between awards to be based on skill, responsibility and the conditions under which work is performed.

(b) Where new or changed work justifying a higher rate is performed only from time to time by persons covered by a particular classification or where it is performed only by some of the persons covered by the classification, such new or changed work should be compensated by a special allowance which is payable only when the new or changed work is performed by a particular employee and not by increasing the rate for the classification as a whole.

(c) The time from which work value changes in an award should be measured is the date of operation of the second structural efficiency adjustment allowable under the September 1989 State Wage Decision [69 WAIG 2917].

(d) Care should be exercised to ensure that changes which were or should have been taken into account in any previous work value adjustments or in a structural efficiency exercise are not included in any work evaluation under this provision.

(e) Where the tests specified in (1) are met, an assessment will have to be made as to how that alteration should be measured in money terms. Such assessment should normally be based on the previous work and the nature and extent of the change in work.

(f) The expression "the conditions under which the work is performed" relates to the environment in which the work is done.

(g) The Commission should guard against contrived classifications and over-classification of jobs.

(h) Any changes in the nature of the work, skill and responsibility required or the conditions under which the work is performed, taken into account in assessing an increase under any other provision of this Statement of Principles, shall not be taken into account in any claim under this provision.

7. Standard Hours

In approving any application to reduce standard hours to 38 per week, the Commission will satisfy itself that the cost impact is minimised.

8. Arbitrated Safety Net Adjustments

Where the minimum rates adjustment process in an award has been completed, the Commission may consider an application for the base rate, supplementary payment and arbitrated safety net adjustments to be combined so that the award specifies only the total minimum rate for each classification.

By consent of all parties to an award, where the minimum rates adjustment has been completed, award rates may be expressed as hourly rates as well as weekly. In the absence of consent, a claim that award rates be so expressed may be determined by arbitration.

The arbitrated safety net adjustment arising from the decision in Matter No. 570 of 2004 is $19.00 per week.

9. Minimum Adult Award Wage

A minimum adult award wage clause will be required to be inserted in any new award.

The minimum adult wage clause will be as follows –

MINIMUM ADULT AWARD WAGE

(1) No adult employee shall be paid less than the minimum adult award wage unless otherwise provided by this clause.

(2) The minimum adult award wage for full time adult employees is $467.40 per week payable on and from 4th June 2004.

(3) The minimum adult award wage of $467.40 per week is deemed to include all arbitrated safety net adjustments from State Wage Case decisions.

(4) Unless otherwise provided in this clause adults employed as casuals, part time employees or piece workers or employees who are remunerated wholly on the basis of payment by result shall not be paid less than pro rata the minimum adult award wage according to the hours worked.

(5) Juniors shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award to the Minimum Adult Award Wage of $467.40 per week.

(6) (a) The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or Jobskill placements or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate.

(b) Liberty to apply is reserved in relation to any special category of employees not included here or otherwise in relation to the application of the minimum adult award wage.

(7) Subject to this clause the minimum adult award wage shall –

(a) apply to all work in ordinary hours.

(b) apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.

(8) Minimum Adult Award Wage

The rates of pay in this award include the minimum weekly wage for adult employees payable under the 2004 State Wage Case Decision. Any increase arising from the insertion of the adult minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the adult minimum wage.

(9) Adult Apprentices

(a) Notwithstanding the provisions of this clause, an apprentice, 21 years of age or over, shall not be paid less than $406.70 per week.

(b) The rate paid in paragraph (a) above is payable on superannuation and during any period of paid leave prescribed by this award.

(c) Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.

(d) Nothing in this clause shall operate to reduce the rate of pay fixed by the award for an adult apprentice in force immediately prior to 5th June 2003.

10. Making or Varying an Award or issuing an Order (other than an Enterprise Order under section 42I of the Act) which has the effect of varying wages or conditions above or below the safety net

An application or reference for a variation in wages or conditions above or below the safety net will be referred to the Chief Commissioner for him to determine whether the matter should be dealt with by a Commission in Court Session or by a single Commissioner.

A party seeking such a claim must support it with material justifying:

· why the matter has not been progressed and/or finalised pursuant to s.41 of the Act;
· why the matter has not been pursued under any other Principle set out in this Statement; and
· how in the discharge of its statutory function to consider varying above or below the safety net the Commission should take into account, to the extent that it is relevant, each of the matters identified in section 26 of the Act.

Provided that where parties to a single enterprise specific award apply to vary the award by consent or consent to a replacement award to give effect to structural efficiency initiatives or productivity based arrangements the Chief Commissioner may allocate the matter to a single Commissioner.

11. New Awards (including interim Awards) and Extensions to an existing Award

The following shall apply to the making of a new award (including an interim award) and an extension to an existing award:

(a) In the making of a new award, the main consideration shall be that the award meets the needs of the particular industry or enterprise while ensuring that employees' interests are also properly taken into account. Structural efficiency considerations shall apply in the making of such an award.

(b) Subject to section 36A(3) in the making of an interim award the Commission shall ensure that the award meets the needs of the particular industry or enterprise while ensuring that employees' interests are also properly taken into account. Structural efficiency considerations shall apply in the making of such an award.

(c) A new award (including and interim award) shall have a clause providing for the minimum award wage [see Clause 9 of this Section] included in its terms.

(d) In the extension of an existing award to new work or to award-free work the rates applicable to such work will be assessed by reference to the value of work already covered by the award, providing structural efficiency considerations including the minimum rates adjustment provisions where relevant have been applied to the award.

12. Economic Incapacity

Any respondent or group of respondents to an award may apply to reduce and/or postpone the variation which results in an increase in labour costs under this Statement of Principles on the ground of very serious or extreme economic adversity. The merit of such application shall be determined in the light of the particular circumstances of each case and any material relating thereto shall be rigorously tested. The impact on employment at the enterprise level of the increase in labour costs is a significant factor to be taken into account in assessing the merit of an application. A party making such an application must make and justify an application as a Special Case. It will then be a matter for the Chief Commissioner to decide whether it should be dealt with by a Commission in Court Session.

13. Duration

This Statement of Principles will operate until reviewed.