(Commission's own motion) -v- Minister for Consumer and Employment Protection, Trades and Labor Council of Western Australia, Australian Mines & Metals Association Inc, Chamber of Commerce & Industry of Western Australia
Document Type: Order
Matter Number: APPLA 66/2006
Matter Description: State Wage Order pursuant to Section 50A(1)(a) of the Act (other
Industry:
Jurisdiction: Commission in Court Session
Member/Magistrate name: Chief Commissioner A R Beech, Senior Commissioner J F Gregor, Commissioner S J Kenner
Delivery Date: 22 Aug 2006
Result: State Wage Order issued
Citation: 2006 WAIRC 05320
WAIG Reference: 86 WAIG 2687
STATE WAGE ORDER PURSUANT TO SECTION 50A(1)(A) OF THE ACT (OTHER THAN FOR ADULT APPRENTICE RATES)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES (COMMISSION'S OWN MOTION)
APPLICANT
-V-
MINISTER FOR CONSUMER AND EMPLOYMENT PROTECTION, TRADES AND LABOR COUNCIL OF WESTERN AUSTRALIA, AUSTRALIAN MINES & METALS ASSOCIATION INC, CHAMBER OF COMMERCE & INDUSTRY OF WESTERN AUSTRALIA
RESPONDENT
CORAM CHIEF COMMISSIONER A R BEECH
SENIOR COMMISSIONER J F GREGOR
COMMISSIONER S J KENNER
DATE TUESDAY, 22 AUGUST 2006
FILE NO APPLA 66 OF 2006
CITATION NO. 2006 WAIRC 05320
Result State Wage Order issued
REPRESENTATION MR J NICHOLAS ON BEHALF OF TRADES AND LABOR COUNCIL OF WESTERN AUSTRALIA
Ms J Gardner and with her Mr M Hammond on behalf of the Minister for Consumer and Employment Protection
Mr P Robertson on behalf of Australian Mines and Metals Association Inc
Mr D Jones on behalf of Chamber of Commerce and Industry of Western Australia
State Wage Order
THE COMMISSION IN COURT SESSION constituted for the purpose of section 50A of the Industrial Relations Act, 1979 ("the Act") and having regard to the provisions of section 22 of the Labour Relations Legislation Amendment Act, 2006;
AND HAVING reviewed minimum weekly rates under section 50A(1)(a)(i), (ii) and (iii) of the Act in accordance with the requirements of section 50A of the Act and section 22 of the Labour Relations Legislation Amendment Act, 2006;
NOW THEREFORE the Commission in Court Session pursuant to section 50A(1)(a) of the Act hereby makes the following Orders:
1. THAT the Order which issued in matter No. 576 of 2005 that established the Minimum Weekly Rate of Pay under section 12 of the Minimum Conditions of Employment Act, 1993 applicable to an employee who has reached 21 years of age and who is not an apprentice or trainee is rescinded with effect on and from the commencement of the first pay period on or after 1 September 2006.
2. THAT the Minimum Weekly Rate of Pay applicable under section 12 of the Minimum Conditions of Employment Act, 1993 to an employee:
(a) who has reached 21 years of age; and
(b) who is not an apprentice or trainee,
shall be $504.40 per week on and from the commencement of the first pay period on or after 1 September 2006.
3. THAT the Order which issued in matter No. 576 of 2005 that established Minimum Weekly Rates of Pay under sections 14 and 15 of the Minimum Conditions of Employment Act, 1993 to apprentices and trainees is rescinded with effect on and from the commencement of the first pay period on or after 1 September 2006.
Apprentices
4. THAT 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 the commencement of the first pay period on or after 1 September 2006:
Total Rate per Week
Four Year Term
First year
$251.24
Second year
$329.01
Three year
$448.65
Fourth year
$526.42
Three and a Half Year Term
First six months
$251.24
Next year
$329.01
Next year
$448.65
Final year
$526.42
Three Year Term
First year
$329.01
Second year
$448.65
Third year
$526.42
Trainees
5. THAT 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 based on the Metal Trades (General) Award 1966 contained in Table 1 as follows:
Table 1
The following rates of pay apply on and from the commencement of the first pay period on or after 1 September 2006.
Industry/Skill Level A
School Leaver
Year 10
$
Year 11
$
Year 12
$
173.00
206.00
254.00
Plus 1 year out of school
206.00
254.00
294.00
Plus 2 years
254.00
294.00
342.00
Plus 3 years
294.00
342.00
392.00
Plus 4 years
342.00
392.00
Plus 5 years or more
392.00
Industry/Skill Level B
School Leaver
Year 10
$
Year 11
$
Year 12
$
173.00
206.00
244.00
Plus 1 year out of school
206.00
244.00
279.00
Plus 2 years
244.00
279.00
327.00
Plus 3 years
279.00
327.00
374.00
Plus 4 years
327.00
374.00
Plus 5 years or more
374.00
Industry/Skill Level C
School Leaver
Year 10
$
Year 11
$
Year 12
$
173.00
206.00
232.00
Plus 1 year out of school
206.00
232.00
261.00
Plus 2 years
232.00
261.00
293.00
Plus 3 years
261.00
293.00
329.00
Plus 4 years
293.00
329.00
Plus 5 years or more
329.00
(c) 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)
(d) For a trainee in this class undertaking an 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
(e) 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.
(i) School Based trainees will receive the relevant wage rate at Skill/Industry Levels A, B and C as applicable, as for School Leavers.
(ii) 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.
(f) 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.
(g) 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 below:
On and from the commencement of the first pay period on or after 1 September 2006 -
Industry/Skill Level A
$392.00 per week
Industry/Skill Level B
$374.00 per week
Industry/Skill Level C
$329.00 per week
COMMISSION IN COURT SESSION
SCHEDULE
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
Business (Medical Administration)
III
Workplace Readiness
I
Beauty
Beauty Services
III
Beauty Therapy
IV
Civil Construction
Civil Engineering
IV
Plant Operations
III
Pipelaying
III
Road Construction and Maintenance
III
Bridge Construction & Maintenance
III
Trenchless Technology
III
Tunnel Construction
III
Foundation Work
III
Railway Construction and Maintenance
III
Community Services
Career Development Officer
III & IV
Community Care Work
III
Community Services (Aged Care Worker)
III & IV
Community Services (Children’s Services)
III
Community Services (Youth Work)
III
Community Services Work
II & III & IV
Bi-Lingual/Bi-Cultural Community Services Work
II & III
Disability Work
III & IV
Out of School Hours Care Work
IV
Social Housing Work
III & IV
Aboriginal Islander Education Worker
III & IV
Aboriginal Child Care Work
III
Community Services Contact Work
II
Community Services Support Work
II
Youth Work
IV
Correctional Services
Correctional Practice (Custodial)
III & IV
Correctional Practice
III & IV
Financial Services
Financial Services
III & IV
Financial Services (Accounts Clerical)
III
Financial Services (Financial Practice Support)
IV
Financial Services (Accounting)
IV
Insurance Services
III & IV
Floristry
Floristry
III
Food Processing
Food Processing
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
II
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 – Extrusion
III
Plastics – Fabrication
III
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
Firefighting Operations
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
Telecommunications Cabling
II
Telecommunications (Access Network)
II
Telecommunications (Cabling & Customer Premises Equipment)
III
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
Footwear Repair
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
Integrated Rating
III
Transport Administration
III
Transport and Distribution (Cash in Transit)
III
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
Transport and Distribution (Aviation Flight Operations)
III
Transport and Distribution (Aviation Ground Operations)
III
Water Industry
Water 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
Soft Furnishing
III
General Construction
II
General Construction (Demolition)
III
Concreting
III
Dogging
III
Scaffolding
III
Rigging
III
Steel fixing
III
Aboriginal Environmental Health
II & III
Property Management
IV
INDUSTRY / SKILL LEVEL B
TRAINEESHIP
CERTIFICATE
LEVEL
Aeroskills Industry
Aeroskills (Aircraft Mechanical)
II
Asset Maintenance
Asset Maintenance (Cleaning Operations)
II & III
Asset Maintenance (Waste Management)
II & III
Asset Security
Technical Security
II & III
Automotive Industry/Retail Service and Repair
Automotive (Administration)
II
Automotive Electrical Technology
II
Automotive (Mechanical)
II
Automotive (Sales)
II & III
Automotive (Vehicle Body)
II
Automotive Aftermarket Warehousing Distribution Ops
II & III
Bicycles Services
II
Marine
II
Outdoor Power Equipment
II
Vehicle Servicing
II
Beauty
Make-Up Services
II
Nail Technology
II
Retail Cosmetic Services
II
Caravan Industry
Caravan Park Operations
II & III
Civil Construction
Civil Construction
II & III
Entertainment/Film TV Radio & Multimedia
Broadcasting (Radio)
II & III & IV
Broadcasting (Remote Area Operations)
III
Broadcasting (Television)
III & IV
Costume for Performance
IV
Entertainment (Front of House)
II
Live Production Theatre & Events
II
Live Production Theatre & Events (Lighting)
III & IV
Live Production Theatre & Events (Vision Systems)
III & IV
Live Production Theatre & Events (Audio)
III & IV
Screen
IV
Multimedia
II & III & IV
Extractive Industries/Metalliferous
Drillers Assistant
II
Driller
III
Metalliferous Mining Operations (Open Cut)
II & III & IV
Metalliferous Mining Operations (Processing)
II & III & IV
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
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
Laboratory Operations
Sampling and Measurement
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
Meat Processing (Quality Assurance)
IV
Metal and Engineering
Engineering – Production
II
Aluminium Windows and Frames Manufacturing
II
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 – Polystyrene
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
III & IV
Career Orientated Participation
II &III
Sport and Recreation
II & III & IV
Textile, Clothing and Footwear
Textile Production (Complex or Multiple Processes)
II
Dry Cleaning Operations
II
Laundry Operations
II
Footwear Repair
II
Transport and Distribution
Transport Administration
II
Transport and Distribution (Aviation Flight Operations)
II
Transport and Distribution (Aviation Ground Operations)
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
Transport and Distribution (Road Transport)
II
Transport and Distribution – Stevedoring
II
Transport and Distribution (Warehousing)
II
Water Industry
Water Operations
II
Veterinary Nursing
Veterinary Nursing
IV
Wholesale Training
Wholesale Operations
II
Other
Conservation and Land Management
II & III & IV
Drainage
II
Paving
II
Animal Studies
II
Animal Technology
III
Captive Animals
III
Companion Animal Services
III & IV
Animal Control and Regulation
IV
Electrotechnology Data Communications
II & III
Electrotechnology Servicing
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
Furnishing (Flooring)
II
Furnishing (Polishing)
II
Furnishing (Upholstery)
II
Furniture Making
II
Picture Framing
III
Soft Furnishing
II
Glass and Glazing
II
Electrotechnology Remote Essential Services Operations
II
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
INDUSTRY / SKILL LEVEL C
TRAINEESHIP
CERTIFICATE
LEVEL
Agriculture/Rural
Agriculture
II & III & IV
Agriculture (Beef Cattle Production)
III & IV
Agriculture (Dairy)
III
Agriculture (Goat Production)
III
Agriculture (Grain Production)
III
Agriculture (Horse Breeding)
III
Agriculture (Horticulture Production)
II & III
Agriculture (Pig Production)
III
Agriculture (Sheep and Wool)
III
Agriculture (Rural Merchandising)
III
Advanced Wool Handling
III
Irrigation
II & III & IV
Shearing
II & III & IV
Wool Handling
II
Wool Clip Preparation
III
Wool Classing
IV
Horticulture
Horticulture
II & III & IV
Horticulture (Arboriculture)
II & III & IV
Horticulture (Floriculture)
II & III & IV
Horticulture (Landscape)
II & IV
Horticulture (Retail Nursery)
II & III & IV
Horticulture (Wholesale Nursery)
II & IV
Horticulture (Parks and Gardens)
II & IV
Horticulture (Turf)
II & 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 Driver
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
STATE WAGE ORDER PURSUANT TO SECTION 50A(1)(A) OF THE ACT (OTHER THAN FOR ADULT APPRENTICE RATES)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES (Commission's own motion)
APPLICANT
-v-
Minister for Consumer and Employment Protection, Trades and Labor Council of Western Australia, Australian Mines & Metals Association Inc, Chamber of Commerce & Industry of Western Australia
RESPONDENT
CORAM Chief Commissioner A R Beech
Senior Commissioner J F Gregor
Commissioner S J Kenner
DATE Tuesday, 22 August 2006
FILE NO APPLA 66 OF 2006
CITATION NO. 2006 WAIRC 05320
Result State Wage Order issued
Representation Mr J Nicholas on behalf of Trades and Labor Council of Western Australia
Ms J Gardner and with her Mr M Hammond on behalf of the Minister for Consumer and Employment Protection
Mr P Robertson on behalf of Australian Mines and Metals Association Inc
Mr D Jones on behalf of Chamber of Commerce and Industry of Western Australia
State Wage Order
THE COMMISSION IN COURT SESSION constituted for the purpose of section 50A of the Industrial Relations Act, 1979 ("the Act") and having regard to the provisions of section 22 of the Labour Relations Legislation Amendment Act, 2006;
AND HAVING reviewed minimum weekly rates under section 50A(1)(a)(i), (ii) and (iii) of the Act in accordance with the requirements of section 50A of the Act and section 22 of the Labour Relations Legislation Amendment Act, 2006;
NOW THEREFORE the Commission in Court Session pursuant to section 50A(1)(a) of the Act hereby makes the following Orders:
1. THAT the Order which issued in matter No. 576 of 2005 that established the Minimum Weekly Rate of Pay under section 12 of the Minimum Conditions of Employment Act, 1993 applicable to an employee who has reached 21 years of age and who is not an apprentice or trainee is rescinded with effect on and from the commencement of the first pay period on or after 1 September 2006.
2. THAT the Minimum Weekly Rate of Pay applicable under section 12 of the Minimum Conditions of Employment Act, 1993 to an employee:
(a) who has reached 21 years of age; and
(b) who is not an apprentice or trainee,
shall be $504.40 per week on and from the commencement of the first pay period on or after 1 September 2006.
3. THAT the Order which issued in matter No. 576 of 2005 that established Minimum Weekly Rates of Pay under sections 14 and 15 of the Minimum Conditions of Employment Act, 1993 to apprentices and trainees is rescinded with effect on and from the commencement of the first pay period on or after 1 September 2006.
Apprentices
4. THAT 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 the commencement of the first pay period on or after 1 September 2006:
|
|
Total Rate per Week |
|||
|
Four Year Term |
|
|||
|
First year |
$251.24 |
|||
|
Second year |
$329.01 |
|||
|
Three year |
$448.65 |
|||
|
Fourth year |
$526.42 |
|||
|
|
|
|||
|
Three and a Half Year Term |
|
|||
|
First six months |
$251.24 |
|||
|
Next year |
$329.01 |
|||
|
Next year |
$448.65 |
|||
|
Final year |
$526.42 |
|||
|
|
|
|||
|
Three Year Term |
|
|||
|
First year |
$329.01 |
|||
|
Second year |
$448.65 |
|||
|
Third year |
$526.42 |
|||
Trainees
5. THAT 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 based on the Metal Trades (General) Award 1966 contained in Table 1 as follows:
Table 1
The following rates of pay apply on and from the commencement of the first pay period on or after 1 September 2006.
|
Industry/Skill Level A |
|||
|
School Leaver |
Year 10 $ |
Year 11 $ |
Year 12 $ |
|
|
173.00 |
206.00 |
254.00 |
|
|
|
|
|
|
Plus 1 year out of school |
206.00 |
254.00 |
294.00 |
|
Plus 2 years |
254.00 |
294.00 |
342.00 |
|
Plus 3 years |
294.00 |
342.00 |
392.00 |
|
Plus 4 years |
342.00 |
392.00 |
|
|
Plus 5 years or more |
392.00 |
|
|
|
|
|||
|
Industry/Skill Level B |
|||
|
School Leaver |
Year 10 $ |
Year 11 $ |
Year 12 $ |
|
|
173.00 |
206.00 |
244.00 |
|
|
|
|
|
|
Plus 1 year out of school |
206.00 |
244.00 |
279.00 |
|
Plus 2 years |
244.00 |
279.00 |
327.00 |
|
Plus 3 years |
279.00 |
327.00 |
374.00 |
|
Plus 4 years |
327.00 |
374.00 |
|
|
Plus 5 years or more |
374.00 |
|
|
|
|
|||
|
Industry/Skill Level C |
|||
|
School Leaver |
Year 10 $ |
Year 11 $ |
Year 12 $ |
|
|
173.00 |
206.00 |
232.00 |
|
|
|
|
|
|
Plus 1 year out of school |
206.00 |
232.00 |
261.00 |
|
Plus 2 years |
232.00 |
261.00 |
293.00 |
|
Plus 3 years |
261.00 |
293.00 |
329.00 |
|
Plus 4 years |
293.00 |
329.00 |
|
|
Plus 5 years or more |
329.00 |
|
|
|
|
|||
(c) 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)
(d) For a trainee in this class undertaking an 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
(e) 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.
(i) School Based trainees will receive the relevant wage rate at Skill/Industry Levels A, B and C as applicable, as for School Leavers.
(ii) 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.
(f) 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.
(g) 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 below:
On and from the commencement of the first pay period on or after 1 September 2006 -
|
Industry/Skill Level A |
$392.00 per week |
|
Industry/Skill Level B |
$374.00 per week |
|
Industry/Skill Level C |
$329.00 per week |
COMMISSION IN COURT SESSION
SCHEDULE
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 |
|
Business (Medical Administration) |
III |
|
Workplace Readiness |
I |
|
Beauty |
|
|
Beauty Services |
III |
|
Beauty Therapy |
IV |
|
Civil Construction |
|
|
Civil Engineering |
IV |
|
Plant Operations |
III |
|
Pipelaying |
III |
|
Road Construction and Maintenance |
III |
|
Bridge Construction & Maintenance |
III |
|
Trenchless Technology |
III |
|
Tunnel Construction |
III |
|
Foundation Work |
III |
|
Railway Construction and Maintenance |
III |
|
Community Services |
|
|
Career Development Officer |
III & IV |
|
Community Care Work |
III |
|
Community Services (Aged Care Worker) |
III & IV |
|
Community Services (Children’s Services) |
III |
|
Community Services (Youth Work) |
III |
|
Community Services Work |
II & III & IV |
|
Bi-Lingual/Bi-Cultural Community Services Work |
II & III |
|
Disability Work |
III & IV |
|
Out of School Hours Care Work |
IV |
|
Social Housing Work |
III & IV |
|
Aboriginal Islander Education Worker |
III & IV |
|
Aboriginal Child Care Work |
III |
|
Community Services Contact Work |
II |
|
Community Services Support Work |
II |
|
Youth Work |
IV |
|
Correctional Services |
|
|
Correctional Practice (Custodial) |
III & IV |
|
Correctional Practice |
III & IV |
|
Financial Services |
|
|
Financial Services |
III & IV |
|
Financial Services (Accounts Clerical) |
III |
|
Financial Services (Financial Practice Support) |
IV |
|
Financial Services (Accounting) |
IV |
|
Insurance Services |
III & IV |
|
Floristry |
|
|
Floristry |
III |
|
Food Processing |
|
|
Food Processing |
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 |
II |
|
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 – Extrusion |
III |
|
Plastics – Fabrication |
III |
|
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 |
|
Firefighting Operations |
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 |
|
Telecommunications Cabling |
II |
|
Telecommunications (Access Network) |
II |
|
Telecommunications (Cabling & Customer Premises Equipment) |
III |
|
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 |
|
Footwear Repair |
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 |
|
|
Integrated Rating |
III |
|
Transport Administration |
III |
|
Transport and Distribution (Cash in Transit) |
III |
|
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 |
|
Transport and Distribution (Aviation Flight Operations) |
III |
|
Transport and Distribution (Aviation Ground Operations) |
III |
|
Water Industry |
|
|
Water 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 |
|
Soft Furnishing |
III |
|
General Construction |
II |
|
General Construction (Demolition) |
III |
|
Concreting |
III |
|
Dogging |
III |
|
Scaffolding |
III |
|
Rigging |
III |
|
Steel fixing |
III |
|
Aboriginal Environmental Health |
II & III |
|
Property Management |
IV |
INDUSTRY / SKILL LEVEL B
|
TRAINEESHIP |
CERTIFICATE LEVEL |
|
Aeroskills Industry |
|
|
Aeroskills (Aircraft Mechanical) |
II |
|
Asset Maintenance |
|
|
Asset Maintenance (Cleaning Operations) |
II & III |
|
Asset Maintenance (Waste Management) |
II & III |
|
Asset Security |
|
|
Technical Security |
II & III |
|
Automotive Industry/Retail Service and Repair |
|
|
Automotive (Administration) |
II |
|
Automotive Electrical Technology |
II |
|
Automotive (Mechanical) |
II |
|
Automotive (Sales) |
II & III |
|
Automotive (Vehicle Body) |
II |
|
Automotive Aftermarket Warehousing Distribution Ops |
II & III |
|
Bicycles Services |
II |
|
Marine |
II |
|
Outdoor Power Equipment |
II |
|
Vehicle Servicing |
II |
|
Beauty |
|
|
Make-Up Services |
II |
|
Nail Technology |
II |
|
Retail Cosmetic Services |
II |
|
Caravan Industry |
|
|
Caravan Park Operations |
II & III |
|
Civil Construction |
|
|
Civil Construction |
II & III |
|
Entertainment/Film TV Radio & Multimedia |
|
|
Broadcasting (Radio) |
II & III & IV |
|
Broadcasting (Remote Area Operations) |
III |
|
Broadcasting (Television) |
III & IV |
|
Costume for Performance |
IV |
|
Entertainment (Front of House) |
II |
|
Live Production Theatre & Events |
II |
|
Live Production Theatre & Events (Lighting) |
III & IV |
|
Live Production Theatre & Events (Vision Systems) |
III & IV |
|
Live Production Theatre & Events (Audio) |
III & IV |
|
Screen |
IV |
|
Multimedia |
II & III & IV |
|
Extractive Industries/Metalliferous |
|
|
Drillers Assistant |
II |
|
Driller |
III |
|
Metalliferous Mining Operations (Open Cut) |
II & III & IV |
|
Metalliferous Mining Operations (Processing) |
II & III & IV |
|
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 |
|
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 |
|
Laboratory Operations |
|
|
Sampling and Measurement |
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 |
|
Meat Processing (Quality Assurance) |
IV |
|
Metal and Engineering |
|
|
Engineering – Production |
II |
|
Aluminium Windows and Frames Manufacturing |
II |
|
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 – Polystyrene |
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 |
III & IV |
|
Career Orientated Participation |
II &III |
|
Sport and Recreation |
II & III & IV |
|
Textile, Clothing and Footwear |
|
|
Textile Production (Complex or Multiple Processes) |
II |
|
Dry Cleaning Operations |
II |
|
Laundry Operations |
II |
|
Footwear Repair |
II |
|
Transport and Distribution |
|
|
Transport Administration |
II |
|
Transport and Distribution (Aviation Flight Operations) |
II |
|
Transport and Distribution (Aviation Ground Operations) |
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 |
|
Transport and Distribution (Road Transport) |
II |
|
Transport and Distribution – Stevedoring |
II |
|
Transport and Distribution (Warehousing) |
II |
|
Water Industry |
|
|
Water Operations |
II |
|
Veterinary Nursing |
|
|
Veterinary Nursing |
IV |
|
Wholesale Training |
|
|
Wholesale Operations |
II |
|
Other |
|
|
Conservation and Land Management |
II & III & IV |
|
Drainage |
II |
|
Paving |
II |
|
Animal Studies |
II |
|
Animal Technology |
III |
|
Captive Animals |
III |
|
Companion Animal Services |
III & IV |
|
Animal Control and Regulation |
IV |
|
Electrotechnology Data Communications |
II & III |
|
Electrotechnology Servicing |
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 |
|
Furnishing (Flooring) |
II |
|
Furnishing (Polishing) |
II |
|
Furnishing (Upholstery) |
II |
|
Furniture Making |
II |
|
Picture Framing |
III |
|
Soft Furnishing |
II |
|
Glass and Glazing |
II |
|
Electrotechnology Remote Essential Services Operations |
II |
|
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 |
INDUSTRY / SKILL LEVEL C
|
TRAINEESHIP |
CERTIFICATE LEVEL |
|
Agriculture/Rural |
|
|
Agriculture |
II & III & IV |
|
Agriculture (Beef Cattle Production) |
III & IV |
|
Agriculture (Dairy) |
III |
|
Agriculture (Goat Production) |
III |
|
Agriculture (Grain Production) |
III |
|
Agriculture (Horse Breeding) |
III |
|
Agriculture (Horticulture Production) |
II & III |
|
Agriculture (Pig Production) |
III |
|
Agriculture (Sheep and Wool) |
III |
|
Agriculture (Rural Merchandising) |
III |
|
Advanced Wool Handling |
III |
|
Irrigation |
II & III & IV |
|
Shearing |
II & III & IV |
|
Wool Handling |
II |
|
Wool Clip Preparation |
III |
|
Wool Classing |
IV |
|
Horticulture |
|
|
Horticulture |
II & III & IV |
|
Horticulture (Arboriculture) |
II & III & IV |
|
Horticulture (Floriculture) |
II & III & IV |
|
Horticulture (Landscape) |
II & IV |
|
Horticulture (Retail Nursery) |
II & III & IV |
|
Horticulture (Wholesale Nursery) |
II & IV |
|
Horticulture (Parks and Gardens) |
II & IV |
|
Horticulture (Turf) |
II & 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 Driver |
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 |