2003 WAIRC 08746

100317332

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIESON THE COMMISSION'S OWN MOTION

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

CORAMCOMMISSION IN COURT SESSION

CHIEF COMMISSIONER W S COLEMAN

SENIOR COMMISSIONER A R BEECH

COMMISSIONER J F GREGOR

DATEMONDAY, 7 JULY 2003

FILE NO/SAPPLICATION 569 OF 2003

CITATION NO.2003 WAIRC 08746

Review and determination of minimum weekly rates of pay for apprentices and trainees following consideration of the National Wage Decision - Section 51F(1)(b) of the Industrial Relations Act, 1979 - Sections 14 and 15 of the Minimum Conditions of Employment Act, 1993

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ResultSetting the minimum weekly rates of pay for apprentices and trainees for the purposes of section 14 and 15 of the Minimum Conditions of Employment Act, 1993

Representation

Ms S Mayman and with her Ms C Ozich (of counsel) on behalf of the Trades and Labor Council of Western Australia

Mr P Wilding and with him Mr J Ridley and Ms W Hadingham on behalf of the Minister for Consumer and Employment Protection

Mr A Caccamoand then Mr T Adams on behalf of the Australian Mines and Metals Association Inc.

Mr G Bull (of counsel) and with him Ms N Cusworth on behalf of the Chamber of Commerce and Industry of Western Australia Inc

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General Order

THE COMMISSION IN COURT SESSION, having considered the National Wage Decision in accordance with section 51(2) of the Industrial Relations Act, 1979 (“the Act”) and pursuant to section 51E of the Act having reviewed minimum weekly rates of pay referred to in section 51D(b) and (c) of the Act, and having heard fromMs S Mayman and Ms C Ozich on behalf of the Trades and Labor Council of WA, Mr A Caccamo and then Mr T Adams on behalf of the Australian Mines and Metals Association, Mr G Bull and Ms N Cusworth on behalf of the Chamber of Commerce and Industry of Western Australia, Mr P Wilding and Ms W Hadingham on behalf of the Minister for Consumer and Employment Protection and Mr D Crowe on behalf of the Australian Hotels Association, WA Branch;

AND HAVING addressed matters raised in proceedings pursuant to section 35 of the Act including the following:

  • Maintaining unrounded rates for that class of apprentice under clause 2(b) of this Order in line with the relevant rates of pay in the Metal Trades (General) Award 1966;
  • Providing a comprehensive list of Industry/Skill traineeships at Levels A, B & C to enable the application of wage rates under the Table at clause 3(b) of the Order, and;
  • Providing for the basis of calculating the wage rate for the AQF 4 trainee.

NOW THEREFORE the Commission in Court Session hereby orders:

1.THAT pursuant to section 51F(1)(a) of the Act the order that established minimum weekly rates of pay under section 14 and 15 of the Minimum Conditions of Employment Act, 1993 to apprentices and to trainees respectively by operation of the Labour Relations Reform Act, 2002 (section 168, Schedule 1 – Transitional minimum weekly rates of pay (clause 4)) is rescinded.

Apprentices

2.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 5thJune 2003 namely:

Total Rate per Week
Four Year Term
First year / $227.72
Second year / $298.21
Three year / $406.65
Fourth year / $477.14
Three and a Half Year Term
First six months / $227.72
Next year / $298.21
Next year / $406.65
Final year / $477.14
Three Year Term
First year / $298.21
Second year / $406.65
Third year / $477.14

Trainees

3.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. These rates of pay are based on the Metal Trades (General) Award, 1966 which operated as at 4th June 2003:

Table 1.

Industry/Skill Level A
School Leaver / Year 10
$ / Year 11
$ / Year 12
$
146.00 / 175.00 / 215.00
Plus 1 year our of school / 175.00 / 215.00 / 250.00
Plus 2 years / 215.00 / 250.00 / 290.00
Plus 3 years / 250.00 / 290.00 / 333.00
Plus 4 years / 290.00 / 333.00
Plus 5 years or more / 333.00
Industry/Skill Level B
School Leaver / Year 10
$ / Year 11
$ / Year 12
$
146.00 / 175.00 / 205.00
Plus 1 year our of school / 175.00 / 205.00 / 235.00
Plus 2 years / 205.00 / 235.00 / 275.00
Plus 3 years / 235.00 / 275.00 / 315.00
Plus 4 years / 275.00 / 315.00
Plus 5 years or more / 315.00
Industry/Skill Level C
School Leaver / Year 10
$ / Year 11
$ / Year 12
$
146.00 / 175.00 / 190.00
Plus 1 year our of school / 175.00 / 190.00 / 215.00
Plus 2 years / 190.00 / 215.00 / 240.00
Plus 3 years / 215.00 / 240.00 / 270.00
Plus 4 years / 240.00 / 270.00
Plus 5 years or more / 270.00

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 / $333.00 per week
Industry/Skill Level B / $315.00 per week
Industry/Skill Level C / $270.00 per week

4.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 5th June 2003.

COMMISSION IN COURT SESSION

ATTACHMENT A

INDUSTRY / SKILL LEVEL A

TRAINEESHIP / CERTIFICATE
LEVEL
Administration
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
Community Housing Administration / II
Business (Marketing) / IV
Business (Human Resources) / IV
Business (Small Business Management) / IV
Assessment and Workplace Training
N/A
Beauty
Beauty / III
Beauty Therapy / IV
Chemical, Hydrocarbons and Oil Refining
N/A
Civil Construction
Civil Construction – Plant / III
Pipelaying / III
Road Construction and Maintenance / III
Community Services
Aboriginal and Torres Islander Education Worker / III
Community Services (Aged Care Worker) / III
Community Services (Children’s Services) / II & III
Community Services (Youth Work) / III
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
Floristry
Floristry / III
Food Processing
Food Processing (Aerated Waters) / III
Food Processing (Confectionery) / III
Food Processing (Dairy Processing) / III
Food Processing (Flour Milling/Stockfeed Milling / III
Food Processing (Fruit and Vegetables) / III
Food Processing (General Foods) / III
Food Processing (Plant Baking) / III
Food Processing (Poultry) / III
Food Processing (Wine) / III
Pharmaceutical Manufacturing / III
Hospitality
Hospitality – (Accommodation Services) / III
Hospitality – (Food & Beverage) / III
Hospitality – (Operations) / III
Hospitality - Supervision / IV
Information Technology
Information Technology / II
Information Technology (General) / III
Information Technology (Network Administration) / III
Information Technology (Software Application) / III
Information Technology (Network Management) / IV
Information Technology (Programming) / IV
Information Technology (Client Support) / 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
Museum and Library/Information Services
Library and Information Services / II & III & IV
Museum Practice / II & III
Plastics, Rubber and Cablemaking
Plastics / III
Process Manufacturing / III
Polymer Technology / IV
Process Manufacturing (Plastics – Blown Film) / III
Process Manufacturing (Plastics – Blow Moulding) / III
Process Manufacturing (Plastics – Composite Materials) / III
Process Manufacturing (Plastics – Extrusion) / III
Process Manufacturing (Plastics – Fabrication) / III
Process Manufacturing (Plastics – Injection Moulding) / III
Process Manufacturing (Plastics – Thermoforming) / III
Process Manufacturing (Rubber- Injection Moulding) / III
Rubber Lining and Belt Splicing / III
Process Manufactured Mineral Products / III
Process Plant Operations / III
Process Plant Technology / IV
Public Services
Public Safety (ATSI Community Policing) / II
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 & III & IV
Telecommunications (Call Centres) / III & IV
Telecommunications (CAN) / III & IV
Data Communications / II & III
Telecommunications (CPE) / IV
Communications Technology / III
Textile Clothing and Footwear
Textile Fabrication / III
Textile Production / 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
Furniture Removalist / 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
Locomotive Operator – Freight Services / IV
Remotely Operated Vehicles / IV
Wholesale Training Package
Wholesale Operations / III
Other
Client/Patient Support Services / II & III
Allied Health Assistance / III
General Construction / II
General Construction Demolition / III
Materials Handling / III

INDUSTRY / SKILL LEVEL B

TRAINEESHIP / CERTIFICATE
LEVEL
Aeroskills Industry
Aeroskills (Aircraft Avionics) / II
Aeroskills (Aircraft Mechanical) / II
Aeroskills (Aircraft Structures) / II
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
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 Panel 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
CaravanPark Operations / II & III
Civil Construction
Civil Construction / II
Entertainment
Broadcasting (Radio) / II & 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
Music / III & IV
Music Industry (Foundation) / II
Music Industry (Technical Production) / III & IV
Music Industry (Business) / III
Screen / III & IV
Multimedia / II & III & IV
Extractive Industries
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
Floristry
Floristry / II
Food Processing Industry
Food Processing (Aerated Waters) / II
Food Processing (Confectionery) / II
Food Processing (Dairy Processing) / II
Food Processing (Flour Milling or Stockfeed Milling) / II
Food Processing (Fruit and Vegetables) / II
Food Processing (General Foods) / II
Food Processing (Poultry) / 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
Hospitality Industry
Hospitality – (Asian Cookery) / II
Hospitality – (Catering Operations) / II
Hospitality – (Commercial Cookery) / II
Hospitality – (Patisserie) / II
Hospitality – (Operations) / II
Light Manufacturing – Textile, Clothing and Footwear
Clothing Production / III & IV
Textile Fabrication / III
Textile Production / III
Textile Production (Complex or Multiple Processes) / II
Dry Cleaning Operations / II & III
Early Stage Wool Processing / III
Laundry Operations / II & III
Hide, Skin, Leather Processing / III
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
Outdoor Recreation
Outdoor Recreation / III & IV
Community Recreation / II & III
Plastics, Rubber and Cablemaking
Process Manufacturing (Cablemaking) / II
Process Manufacturing (Plastics – Blown Film) / II
Process Manufacturing (Plastics – Blow Moulding) / II
Process Manufacturing (Plastics – Composite Materials) / II
Process Manufacturing (Plastics – Extrusion) / II
Process Manufacturing (Plastics – Fabrication) / II
Process Manufacturing (Plastics – Injection Moulding) / II
Process Manufacturing (Plastics – Thermoforming) / II
Process Manufacturing (Rubber – Injection Moulding) / II
Rubber Lining and Belt Splicing / II
Process Manufactured Mineral Products / II
Process Plant Operations / 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
Retail
Retail Operations / II
Community Pharmacy / II
Sport
Fitness / II & III & IV
Sport (Career Orientated Participation) / II
Sport and Recreation / II & III & IV
Textile, Clothing and Footwear
N/A
Transport and Distribution
Furniture Removalist / 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
Air Freight Forwarding / II
Veterinary Nursing
Veterinary Nursing / IV
Wholesale Training
Wholesale Operations / II
Other
Conservation and Land Management / II & III & IV
Asset Maintenance (Cleaning Operations) / II & III
Asset Maintenance (Waste Management) / II & III
Security (Technical Access) / II & III
Furnishing (Flat Panel) / II
Furnishing (Flooring) / II
Furnishing (Polishing) / II
Furnishing (Upholstery) / II
Furniture Production / II
Furniture Product Knowledge / II
Glass Processing / III
Electrotechnology Servicing / II
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
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
Gas Operations / II & III & IV
Water Industry Operations / II & III & IV

INDUSTRY / SKILL LEVEL C