B.5 Notification of classification
Upon a request being made by an employee, the employee will be advised of the award
classification which the employer considers to be appropriate having regard to the definitions
in this award and the duties performed by the employee.
If an employee disputes the classification assigned to them by the employer the employee
must advise the employer in writing. If the dispute is unable to be resolved by the employer
and the employee in a reasonable time it will be dealt with in accordance with clause 9-
Dispute resolution.
Schedule C-School-Based Apprentices
C.1 This schedule applies to school-based apprentices. A school-based apprentice is a
person who is undertaking an apprenticeship in accordance with this schedule while
also undertaking a course of secondary education.
C.2 A school-based apprenticeship may be undertaken in the trades covered by this
award under a training agreement or contract of training for an apprentice declared or
recognised by the relevant State or Territory authority.
C.3 The relevant minimum wages for full-time junior and adult apprentices provided for
in this award, calculated hourly, will apply to school-based apprentices for total
hours worked including time deemed to be spent in off-the-job training.
C.4 For the purposes of clause C.3, where an apprentice is a full-time school student, the
time spent in off-the-job training for which the apprentice must be paid is 25% of the
actual hours worked each week on-the-job. The wages paid for training time may be
averaged over the semester or year.
C.5 A school-based apprentice must be allowed, over the duration of the apprenticeship,
the same amount of time to attend off-the-job training as an equivalent full-time
apprentice.
C.6 For the purposes of this schedule, off-the-job training is structured training delivered
by a Registered Training Organisation separate from normal work duties or general
supervised practice undertaken on the job.
C.7 The duration of the apprenticeship must be as specified in the training agreement or
contract for each apprentice but must not exceed six years.
C.8 School-based apprentices progress through the relevant wage scale at the rate of 12
months progression for each two years of employment as an apprentice.
C.9 The apprentice wage scales are based on a standard full-time apprenticeship of four
years (unless the apprenticeship is of three years duration). The rate of progression
reflects the average rate of skill acquisition expected from the typical combination of
work and training for a school-based apprentice undertaking the applicable
apprenticeship.
C.10 If an apprentice converts from school-based to full-time, all time spent as a full-time
apprentice will count for the purposes of progression through the relevant wage scale
in addition to the progression achieved as a school-based apprentice.
C.11 School-based apprentices are entitled pro rata to all of the other conditions in this
award.
Telecommunications Services Award 2010
Schedule D-Supported Wage System
[Sched D varied by PR994491, PR998748]
D.1 This schedule defines the conditions which will apply to employees who because of
the effects of a disability are eligible for a supported wage under the terms of this
award.
D.2 In this schedule:
approved assessor means a person accredited by the management unit established
by the Commonwealth under the supported wage system to perform assessments of
an individual's productive capacity within the supported wage system
assessment instrument means the tool provided for under the supported wage
system that records the assessment of the productive capacity of the person to be
employed under the supported wage system
disability support pension means the Commonwealth pension scheme to provide
income security for persons with a disability as provided under the Social Security
Act 1991 (Cth), as amended from time to time, or any successor to that scheme
relevant minimum wage means the minimum wage prescribed in this award for the
class of work for which an employee is engaged
supported wage system (SWS) means the Commonwealth Government system to
promote employment for people who cannot work at full award wages because of a
disability, as documented in the Supported Wage System Handbook. The Handbook
is available from the following website: www.jobaccess.gov.au
SWS wage assessment agreement means the document in the form required by the
Department of Education, Employment and Workplace Relations that records the
employee's productive capacity and agreed wage rate
D.3 Eligibility criteria
D.3.1 Employees covered by this schedule will be those who are unable to perform the
range of duties to the competence level required within the class of work for which
the employee is engaged under this award, because of the effects of a disability on
their productive capacity and who meet the impairment criteria for receipt of a
disability support pension.
D.3.2 This schedule does not apply to any existing employee who has a claim against the
employer which is subject to the provisions of workers compensation legislation or
any provision of this award relating to the rehabilitation of employees who are
injured in the course of their employment.
D.4 Supported wage rates
D.4.1 Employees to whom this schedule applies will be paid the applicable percentage of
the relevant minimum wage according to the following schedule:
Assessed capacity (clause D.5)
% Relevant minimum wage %
10 10
20 20
30 30
40 40
50 50
60 60
70 70
80 80
90 90
[D.4.2 varied by PR994491, PR998748 ppc 01Jul10] [varied PR510670 21 Jun 11]
D.4.2 Provided that the minimum amount payable must be not less than $75 per week.
D.4.3 Where an employee's assessed capacity is 10%, they must receive a high degree of
assistance and support.
D.5 Assessment of capacity
D.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the
productive capacity of the employee will be assessed in accordance with the
Supported Wage System by an approved assessor, having consulted the employer
and employee and, if the employee so desires, a union which the employee is eligible
to join.
D.5.2 All assessments made under this schedule must be documented in an SWS wage
assessment agreement, and retained by the employer as a time and wages record in
accordance with the Act.
D.6 Lodgement of SWS wage assessment agreement
[D.6.1 varied by PR994491 from 01Jan10]
D.6.1 All SWS wage assessment agreements under the conditions of this schedule,
including the appropriate percentage of the relevant minimum wage to be paid to the
employee, must be lodged by the employer with Fair Work Australia.
[D.6.2 varied by PR994491 from 01Jan10]
D.6.2 All SWS wage assessment agreements must be agreed and signed by the employee
and employer parties to the assessment. Where a union which has an interest in the
award is not a party to the assessment, the assessment will be referred by Fair Work
Australia to the union by certified mail and the agreement will take effect unless an
objection is notified to Fair Work Australia within 10 working days.
D.7 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent
review on the basis of a reasonable request for such a review. The process of review must be
in accordance with the procedures for assessing capacity under the supported wage system.
D.8 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the relevant
minimum wage only. Employees covered by the provisions of this schedule will be entitled to
the same terms and conditions of employment as other workers covered by this award on a
pro rata basis.
D.9 Workplace adjustment
An employer wishing to employ a person under the provisions of this schedule must take
reasonable steps to make changes in the workplace to enhance the employee's capacity to do
the job. Changes may involve re-design of job duties, working time arrangements and work
organisation in consultation with other workers in the area.
D.10 Trial period
D.10.1 In order for an adequate assessment of the employee's capacity to be made, an
employer may employ a person under the provisions of this schedule for a trial
period not exceeding 12 weeks, except that in some cases additional work adjustment
time (not exceeding four weeks) may be needed.
D.10.2 During that trial period the assessment of capacity will be undertaken and the
percentage of the relevant minimum wage for a continuing employment relationship
will be determined.
[D.10.3 varied by PR994491, PR998748 ppc 01Jul10]
D.10.3 The minimum amount payable to the employee during the trial period must be no
less than $73 per week.
D.10.4 Work trials should include induction or training as appropriate to the job being
trialled.
D.10.5 Where the employer and employee wish to establish a continuing employment
relationship following the completion of the trial period, a further contract of
employment will be entered into based on the outcome of assessment under
clause D.5.