NATIONAL TRAINING WAGE AWARD 2000
This award shall be known as the National Training Wage Award 2000.
This award shall be arranged as follows:
1. Title
2. Arrangement
3. Anti-discrimination
4. Parties bound
5. Application
6. Supersession
7. Period of operation
8. Definitions
9. Training conditions
10. Employment conditions
11. Wages
12. Special arrangements
13. Dispute settlement over traineeship schemes
14. Part time traineeships
Schedule A Organisations of Employees Respondent
Schedule B Employers & Employer Organisations Respondent
Schedule C Allocation of Traineeships to Wage Levels
Schedule D Traineeship schemes excluded from this award
3.1 It is the intention of the respondents to this award to achieve the principal object in s.3(j) of the Workplace Relations Act 1996 through respecting and valuing the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
3.2 Accordingly, in fulfilling their obligations under the dispute avoidance and settling clause, the respondents must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.
3.3 Nothing in this clause is taken to affect:
3.3.1 any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation;
3.3.2 junior rates of pay, until 22 June 2000 or later date determined by the Commission in accordance with s.143(1E) of the Act;
3.3.3 an employee, employer or registered organisation, pursuing matters of discrimination in any State or federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission;
3.3.4 the exemptions in s.170CK(3) and (4) of the Act.
4.1 This award shall be binding on:
4.1.1 All employees whether members of an organisation listed in Schedule A or not who are employed by:
4.1.1(a) employers listed in Schedule B; or
4.1.1(b) members of organisations of employers listed in Schedule B; and
4.1.2 The employers, and employer organisations, listed in Schedule B and members of such organisations of employers.
5.1 This award shall apply to persons:
5.1.1 who are undertaking a Traineeship (as defined); and
5.1.2 who are employed by an employer bound by this award or employed by a member of an employer organisation bound by this award; and
5.1.3 whose employment is, or otherwise would be, covered by an award which also:
5.1.3(a) binds the employer or an organisation of which the employer is a member; and
5.1.3(b) binds a union which is a party to this award and in respect of which the person is a member or is eligible for membership.
5.2 This award does not apply to the apprenticeship system or any training programme which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at 25 June 1997 or in an award that binds the employer. This award only applies to AQF IV traineeships when the AQF III traineeship in the training package is listed in Schedule C. Further, this award also does not apply to any certificate IV training qualification that is an extension of the competencies acquired under a certificate III qualification which is excluded from this award due to the operation of this subclause.
5.3 At the conclusion of the Traineeship, this award ceases to apply to the employment of the Trainee and the relevant award shall apply to the former trainee.
5.4 Except as provided for in clause 6 - Supersession, nothing in this award shall be taken to replace the prescription of training requirements in the relevant award.
This award supersedes the National Training Wage Award 1994, the National Training Wage Interim (Roping in No. 1) Award 1995 the National Training Wage (Transport Workers - Roping-in No. 1) Interim Award 1996, the National Training Wage (Transport Workers - Roping in No. 2) Award 1996.
Any existing award provisions for the Australian Traineeship System (ATS) or the Career Start Traineeship (CST) shall not apply to any employer bound by this award.
This order shall come into force on and from 28 March 2001 and shall remain in force for a period of six months.
8.1 Approved Training means that training which is specified in the Training Plan which is part of the Training Agreement registered with the relevant State or Territory Training Authority. It includes training undertaken both on and off-the-job in a Traineeship and involves formal instruction, both theoretical and practical, and supervised practice. The training reflects the requirements of a National Training Package or a Traineeship Scheme and leads to a qualification under the Australian Qualification Framework.
8.2 Relevant Award means an award that applies to a Trainee, or that would have applied, but for the operation of this award.
8.3 Relevant Union means a union party to a relevant award and which is entitled to enrol the Trainee as a member.
8.4 Trainee is an individual who is a signatory to a training agreement registered with the relevant State/Territory Training Authority and is involved in paid work and structured training which may be on or off the job. "Trainee" does not include an individual who already has the competencies to which the traineeship is directed.
8.5 Traineeship means a system of training which has been approved by the relevant State or Territory Training Authority, or which meets the requirements of a National Training Package developed by a National Industry Training Advisory Board and endorsed by the National Training Framework Committee, which leads to an Australian Qualifications Framework qualification specified by that National Training Package, and includes full time traineeships and part time traineeships including school-based traineeships.
8.6 Training Agreement means an agreement for a Traineeship made between an employer and a trainee which is registered with the relevant State or Territory Training Authority.
8.7 Training Package means the competency standards, assessment guidelines and Australian Qualifications Framework qualifications endorsed for an industry or enterprise by the National Training Framework Committee and placed on the National Training Information Service with the approval of Commonwealth, State and Territory Ministers responsible for vocational education and training.
8.8 Training Plan means a programme of training which forms part of a Training Agreement registered with the relevant State or Territory Training Authority.
8.9 Approved Training means that training which is specified in the Training Plan which is part of the Training Agreement registered with the relevant State or Territory Training Authority. It includes training undertaken both on and off-the-job in a Traineeship and involves formal instruction, both theoretical and practical, and supervised practice. The training reflects the requirements of a National Training Package or a Traineeship Scheme and leads to a qualification under the Australian Qualification Framework.
8.10 Traineeship Scheme means an approved Traineeship applicable to a group or class of employees or to an industry or sector of an industry or an enterprise, which has been approved by the relevant State or Territory Training Authority.
8.11 References in this award to the relevant State or Territory Training Authority mean the bodies in the relevant State or Territory which exercise approval powers in relation to traineeships and register training agreements under the relevant State or Territory vocational education and training legislation.
[8.12 substituted by PR932806 ppc 09Aug02]
8.12 Relevant State or Territory legislation means the following:
Western Australia: Vocational Education and Training Act 1996
Northern Territory: Northern Territory Employment and Training Authority Act 1991
Victoria: Vocational Education and Training Act 1990
New South Wales: Apprenticeship and Traineeship Act 2001
Australian Capital Territory: Vocational Education and Training Act 1995
Queensland: Training and Employment Act 2000
South Australia: Vocational Education, Employment and Training Act 1994
Tasmania: Vocational Education and Training Act 1994
or any successor legislation.
8.13 Year 10 - For the purposes of this award any person leaving school before completing Year 10 shall be deemed to have completed Year 10.
9.1 The Trainee shall attend an approved training course or training program prescribed in the Training Agreement or as notified to the trainee by the relevant State or Territory Training Authority in accredited and relevant Traineeship Schemes;
9.2 Employment as a trainee under this award shall not commence until the relevant Training Agreement, made in accordance with a Training Scheme, has been signed by the employer and the trainee and lodged for registration with the relevant State or Territory Training Authority, provided that if the Training Agreement is not in a standard format employment as a trainee shall not commence until the Training Agreement has been registered with the relevant State or Territory Training Authority. The employer shall ensure that the Trainee is permitted to attend the training course or program provided for in the Training Agreement and shall ensure that the Trainee receives the appropriate on-the-job training.
9.3 The employer shall provide a level of supervision in accordance with the Traineeship Agreement during the traineeship period.
9.4 The provisions of the relevant State and Territory legislation dealing with the monitoring by officers of the relevant State or Territory Training Authority and the use of training records or work books as part of this monitoring process shall apply to traineeships under this award.
10.1 A full-time trainee shall be engaged for a maximum of one year's duration, except in respect of AQF III and AQF IV traineeships which may extend up to two years full time, provided that a Trainee shall be subject to a satisfactory probation period of up to one month which may be reduced at the discretion of the employer. By agreement in writing, and with the consent of the relevant State or Territory Training Authority, the relevant employer and the Trainee may vary the duration of the Traineeship and the extent of approved training provided that any agreement to vary is in accordance with the relevant Traineeship Scheme. A part-time trainee shall be engaged in accordance with the provisions of clause 14 - Part-time traineeships, of this award.
10.2 Where the trainee completes the qualification, in the Training Agreement, earlier than the time specified in the Training Agreement then the traineeship may be concluded by mutual agreement.
10.3 Termination of employment of trainees is dealt with in the training agreement, or in the relevant State of Territory training legislation. An employer initiating such action shall give written notice to the trainee at the time the action is commenced.
10.4 The Trainee shall be permitted to be absent from work without loss of continuity of employment and/or wages to attend the approved training.
10.5 Where the employment of a Trainee by an employer is continued after the completion of the traineeship period, such traineeship period shall be counted as service for the purposes of any relevant Award or any other legislative entitlements.
10.6 Trainees working overtime
10.6.1 Reasonable overtime may be worked by the trainee provided that it does not affect the successful completion of the approved training.
10.6.2 No Trainee shall work overtime or shiftwork on their own unless consistent with the provisions of the relevant award.
10.6.3 No Trainee shall work shiftwork unless the shiftwork makes satisfactory provision for approved training. Such training may be applied over a cycle in excess of a week, but must average over the relevant period no less than the amount of training required for non-shiftwork Trainees.
10.6.4 The Trainee wage shall be the basis for the calculation of overtime and/or shift penalty rates prescribed by the relevant award, unless the relevant award makes specific provision for a Trainee to be paid at a higher rate, or the employer and trainee agree in writing that a trainee will be paid at a higher rate, in which case the higher rate shall apply.
10.7 All other terms and conditions of the relevant award(s) that are applicable to the Trainee or would be applicable to the Trainee but for this Award shall apply unless specifically varied by this Award.
10.8 Trainee who fails to either complete the Traineeship or who cannot for any reason be placed in full time employment with the employer on successful completion of the Traineeship shall not be entitled to any severance payments payable pursuant to termination, change and redundancy provisions or provisions similar thereto.
Note: It is not intended that existing employees shall be displaced from employment by Trainees.
11.1 The weekly wages payable to full time trainees shall be as provided in 11.4, 11.5 11.6 and 11.8 of this subclause and in accordance with clause 10 - Employment conditions.
11.2 These wage rates will only apply to Trainees while they are undertaking an approved Traineeship which includes approved training as defined in this Award.
11.3 The wage rates prescribed by this clause do not apply to complete trade level training which is covered by the Apprenticeship system.
11.4 Wage Level A
[11.4 substituted by PR907087 PR919186; corrected by PR919950; substituted by PR934198; PR947751 ppc 03Jul04]
Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Wage Level A.
Highest year of schooling completed
School Leaver Year 10 Year 11 Year 12
$ $ $
168.00 (50%)* 209.00 (33%)
196.00 (33%) 235.00 (25%) 284.00
Plus 1 year out of school 235.00 284.00 330.00
Plus 2 years 284.00 330.00 384.00
Plus 3 years 330.00 384.00 439.00
Plus 4 years 384.00 439.00
Plus 5 or more years 439.00
b11.5 Wage Level B
[11.5 substituted by PR907087 PR919186; corrected by PR919950; substituted by PR934198; PR947751 ppc 03Jul04]
Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Wage Level B.
Highest year of schooling completed
School Leaver Year 10 Year 11 Year 12
$ $ $
168.00 (50%)* 209.00 (33%)
196.00 (33%) 235.00 (25%) 274.00
Plus 1 year out of school 235.00 274.00 315.00
Plus 2 years 274.00 315.00 370.00
Plus 3 years 315.00 370.00 421.00
Plus 4 years 370.00 421.00
Plus 5 or more years 421.00
11.6 Wage Level C
[11.6 substituted by PR907087 PR919186; corrected by PR919950; substituted by PR934198; PR947751 ppc 03Jul04]
Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Wage Level C.
Highest year of schooling completed
School Leaver Year 10 Year 11 Year 12
$ $ $
168.00 (50%)* 209.00 (33%)
196.00 (33%) 235.00 (25%) 268.00
Plus 1 year out of school 235.00 268.00 301.00
Plus 2 years 268.00 301.00 337.00
Plus 3 years 301.00 337.00 376.00
Plus 4 years 337.00 376.00
Plus 5 or more years 376.00
11.7 School based traineeships
[11.7 substituted by PR907087 PR919186; corrected by PR919950; substituted by PR934198; PR947751 ppc 03Jul04]
Year of schooling
Year 11 Year 12
School based traineeships in Wage Levels A, B and C $215.00 $235.00
* Figures in brackets indicate the average proportion of time spent in approved training to which the associated wage rate is applicable. Where not specifically indicated the average proportion of time spent in structured training which has been taken into account insetting the rate is 20 per cent.
11.8 Wage Rates for Certificate IV Traineeships
[11.8.1 substituted by PR932806 ppc 09Aug02]
11.8.1 Trainees undertaking an AQF IV traineeship shall receive the relevant weekly wage rate for AQF III trainees at Wage Levels A, B or C as applicable with the addition of 3.8 per cent of that wage rate.
[11.8.2 varied by PR907087 PR919186; substituted by PR932806 PR934198; PR947751 ppc 03Jul04] 11.8.2(b) An adult trainee who is undertaking a traineeship for an AQF IV qualification shall receive the following weekly wage as applicable based on the allocation of AQF III qualifications:
First Year of Traineeship Second Year of Traineeship
$ $
Wage Level A 456.00 473.00
Wage Level B 437.00 454.00
Wage Level C 390.00 405.00
11.9 Arbitrated safety net adjustment
[11.9 substituted by PR907087 PR919186 PR934198; PR947751 ppc 03Jul04]
The rates of pay in this award have been adjusted for the arbitrated safety net adjustment payable under the Safety Net Review - Wages May 2004 decision [PR002004]. This arbitrated safety net adjustment may 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 certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required.
Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.
[11.10 substituted by PR907087 PR919186 PR934198; PR947751 ppc 03Jul04]
11.10 Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.
11.11 Schedule C sets out the wage level of a traineeship.
11.12 For the purposes of this provision, out of school shall refer only to periods out of school beyond Year 10, and shall be deemed to
11.12.1 include any period of schooling beyond Year 10 which was not part of nor contributed to a completed year of schooling;
11.12.2 include any period during which a Trainee repeats in whole or part a year of schooling beyond Year 10;
11.12.3 not include any period during a calendar year in which a year of schooling is completed; and
11.12.4 have effect on an anniversary date being January 1 in each year.
11.13 Despite any other clause in this Award, trainees may not be employed under this award under the traineeship schemes and in the areas of employment listed in Schedule D.
11.14 Where a person was employed by an employer under this award immediately prior to becoming an adult trainee with that employer, such person shall not suffer a reduction in the rate of pay by virtue of becoming a trainee. An `adult trainee' for the purpose of this subclause is a trainee who would qualify for the highest wage rate in Wage Level A, B or C if covered by that wage level.
11.15 Where a traineeship is converted from an AQF II to an AQF III traineeship, or from an AQF III to an AQF IV traineeship, the employee shall move to the next higher award rate provided in this award, if a higher award rate is provided for that new AQF level.
12. AWARD DISPUTE SETTLING PROCEDURES
For matters not dealt with in the relevant State or Territory training legislation, the procedures to avoid industrial disputation contained in the relevant award will apply to trainees.
13. DISPUTE SETTLEMENT OVER TRAINEESHIP SCHEMES
13.1 A party to this award may initiate this procedure when that party wishes to argue that this award should not provide for employment under a particular traineeship scheme despite the allocation of the scheme to a wage level by Schedule C.
13.2 The party shall:
13.2.1 Notify the relevant award parties of an intention to dispute the particular traineeship scheme, identifying the scheme.
13.2.2 Request the parties with an interest in the scheme to meet with them at a mutually agreed location.
13.2.3 If agreement cannot be reached the matter may be referred to the AIRC for conciliation.
13.2.4 If agreement is not reached during conciliation then an application may be made to include the traineeship scheme in Schedule D.
14.1 This clause shall apply to trainees who undertake a traineeship on a part time basis 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.
14.2 Wages
[14.2.1 varied by PR907087; PR919186 ppc 03Jul02; corrected by PR919950 ppc 03Jul02]
14.2.1 The tables set out below are the hourly rates of pay where the training is either fully off-the-job or where 20% of time is spent in approved training. These rates are derived from a 38 hour week.
Table 1: Trainees who have left school ($ per hour)
[14.2.1 Table 1 substituted by PR932806 PR934198; PR947751 ppc 03Jul04] Table 1: Trainees who have left school ($ per hour)
Highest year of schooling completed
Wage Level A
Year 10 Year 11 Year 12
School Leaver 7.07 7.73 9.34
Plus 1 year out of school 7.73 9.34 10.86
Plus 2 years 9.34 10.86 12.63
Plus 3 years 10.86 12.63 14.44
Plus 4 years 12.63 14.44
Plus 5 years or more years 14.44
Wage Level B
Year 10 Year 11 Year 12
School Leaver 7.07 7.73 9.01
Plus 1 year out of school 7.73 9.01 10.36
Plus 2 years 9.01 10.36 12.17
Plus 3 years 10.36 12.17 13.85
Plus 4 years 12.17 13.85
Plus 5 years or more years 13.85
Wage Level C
Year 10 Year 11 Year 12
School Leaver 7.07 7.73 8.82
Plus 1 year out of school 7.73 8.82 9.90
Plus 2 years 8.82 9.90 11.09
Plus 3 years 9.90 11.09 12.37
Plus 4 years 11.09 12.37
Plus 5 years or more years 12.37
Table 2: School based traineeships ($ per hour)
[14.2.1 Table 2 substituted by PR934198; PR947751 ppc 03Jul04]
Year of Schooling
Year 11 Year 12
Wage Levels A, B and C 7.07 7.73
20% Loading [14.6.2] 8.48 9.28
Table 3: Wage rates for part time Certificate IV traineeships (S per hour):
[14.2.1 Table 3 inserted by PR932806 ppc 09Aug02; varied by PR934198; PR947751 ppc 03Jul04]
Trainees undertaking a part time AQF IV traineeship shall receive the relevant hourly rate for AQF III trainees at Wage Levels A, B or C as applicable under Table I or 2 with the addition of 3.8 per cent of that wage rate.
An adult trainee (as defined under subclause 11.8.2(b)) who is undertaking a part time traineeship for an AQF IV qualification shall receive the following hourly rate as applicable based on the allocation of AQF III qualifications:
First Year of Traineeship Second Year of Traineeship
$ $
Wage Level A 15.00 15.56
Wage Level B 14.38 14.93
Wage Level C 12.83 13.32
14.3 The hours for which payment shall be made are determined as follows:
14.3.1 Where the approved training for a traineeship (including a school based traineeship) is provided off-the-job by a registered training organisation, for example at school or at TAFE, these rates shall apply only to the total hours worked by the part time trainee on-the-job.
[14.3.2 substitutd by PR932806 ppc 09Aug02]
14.3.2 Where the approved training is undertaken solely on-the-job, and the average proportion of time to be spent in approved training is 20% (i.e. the same as for the equivalent full time traineeship), then the total hours on-the-job shall be multiplied by the applicable hourly rate, and then 20 per cent shall be deducted.
[14.3.3 substituted by PR932806 ppc 09Aug02]
14.3.3 Where the approved training is partly on-the-job and partly off-the-job, and the average proportion of time to be spent in approved training is 20% (i.e. the same as for the equivalent full time traineeship), then the total of all hours spent in work and training shall be multiplied by the applicable hourly rate, and then 20 per cent shall be deducted.
Note: As noted in clause 10 of this award, 20 per cent is the average proportion of time spent in approved training which has been taken into account in setting the wage rates for most full time traineeships.
[14.3.4 substituted by PR932806 ppc 09Aug02]
14.3.4 Where a person was employed part time by an employer under this award immediately prior to becoming a part time adult trainee with that employer, such person shall not suffer a reduction in the hourly rate of pay by virtue of becoming a trainee. An `adult trainee' for the purpose of this subelause is a trainee who would qualify for the highest wage rate in Wage Level A, B or C if covered by that wage level.
14.3.5 Where the normal full time weekly hours are not 38 the appropriate hourly rate may be obtained by multiplying the rate in the table by 38 and then dividing by the normal full time hours.
14.4 General Formula
14.4.1 For traineeships not covered by 14.2.1, the following formula for the calculation of wage rates shall apply:
14.4.1(a) The wage rate shall be pro-rata the full time rates based on variation in the amount of training and/or the amount of work over the period of the traineeship which may also be varied on the basis of the following formula:
Full time wage rate x Trainee hours - average weekly training time
30.4*
* Note: 30.4 in the above formula represents 38 ordinary full time hours less the average training time for full time trainees (ie. 20%) a pro rata adjustment will need to be made in the case where the relevant award specifies different ordinary full time hours: for example where the ordinary weekly hours are 40, 30.4 will be replaced by 32.
14.4.1(a)(i) Full time wage rate means the appropriate rate as set out in 11.4, 11.5, 11.6, 11.7 and 11.8.
14.4.1(a)(ii) Trainee hours shall be the hours worked per week including the time spent in approved training.
14.4.1(a)(iii) Average weekly training time is based upon the length of the traineeship specified in the traineeship agreement or training agreement as follows:
7.6 X 12 Length of the traineeship in months
Note 1: 7.6 in the above formula represents the average weekly training time for a full time trainee whose ordinary hours are 38 per week a pro rata adjustment will need to be made in the case where the relevant award specifies different ordinary time hours for example, where the ordinary weekly hours are 40, 7.6 will be replaced by 8.
Note 2: The parties note that the traineeship agreement will require a trainee to be employed for sufficient hours to complete all requirements of the traineeship, including the on the job work experience and demonstration of competencies the parties also note that this would result in the equivalent of a full day's on the job work per week.
14.5 Example of the calculation for the wage rate for a part time traineeship
A school student commences a traineeship in year 11 the ordinary hours of work in the relevant award are 38. The training agreement specifies two years (24 months) as the length of the traineeship.
Average weekly training time is therefore 7.6 x 12/24 = 3.8 hours.
Trainee hours totals 15 hours; these are made up of 11 hours work which is worked over two days of the week plus 1-1/2 hours on the job training plus 2-1/2 hours off the job approved training at school and at TAFE.
So the wage rate in year 11 is:
$181 x 15 - 3.8 30.4 = $66.68 (plus any applicable penalty rates under the relevant award)The wage rate varies when the student completes year 11 and passes the anniversary date of 1 January the following year to begin year 12 and/or if trainee hours changes.
14.6 Employment conditions for all part time trainees
14.6.1 A part time trainee shall receive, on a pro rata basis, all employment conditions applicable to a full time trainee. All the provisions of this award shall apply to part time trainees except as specified in this clause.
14.6.2 However, a trainee undertaking a school based traineeship may, with the agreement of the trainee, be paid an additional loading 20 per cent on all ordinary hours in lieu of annual leave, sick leave, personal leave and public holidays notwithstanding this, where a trainee is called upon to work on a public holiday the provisions of the relevant award shall apply.
14.6.3 A part time trainee may, by agreement, transfer from a part time to a full time traineeship position should one become available.
14.6.4 The minimum engagement periods specified in the relevant awards shall also be applicable to part time trainees.
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