Private
Hospitals, Aged Care and Disability Services Industry (Training) (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Unions NSW,
Industrial Organisation of Employees and State Peak Council.
(No. IRC 766 of 2013)
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Before Commissioner
Tabbaa
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24 September 2013
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VARIATION
1. Delete
paragraph (x) of subclause (b) of Clause 6, Employment Conditions, of the award
published 2 June 2000 reprinted 27 January 2012 (372 I.G. 680), and insert in lieu
thereof the following:
(x) Minimum and
maximum hours of work for part-time employees specified in the Parent Award
shall apply to part-time Trainees also.
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Example
of the calculation for the Wage Rate for a Part-Time Traineeship
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A school student commences a
Traineeship in Year 11. The ordinary
hours of work in the Parent Award
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are 38. The Training Contract specifies two years
(24 months) as the length of the Traineeship.
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"Average weekly training
time" is therefore 7.6 x 12/24 = 3.8 hours.
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"Trainee hours"
totals 15 hours; these are made up of 11 hours work which is worked over 2
days of the
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week plus 1-1/2 hours on the
job training plus 2-1/2 hours off the job approved training at school and at
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TAFE.
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So the wage rate in Year 11
is:
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$273 x
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15
- 3.8
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= $100.58 plus any applicable penalty rates under the Parent
Award.
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30.4
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While for 2012 the wage rate
is
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$281 x
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15
- 3.8
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= $103.53 plus any applicable penalty rates under the Parent
Award.
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30.4
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The wage rate varies when the
student completes Year 11 and passes the anniversary date of 1 January the
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following year to begin Year
12 and/or if "Trainee hours" changes.
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2. Delete
subclause (e) of Clause 7, Wages, and insert in lieu thereof the
following:
(e) The rates of
pay in this award include the further adjustments payable under the State Wage Case
2011 and 2012. These adjustments may be offset against:
(a) any equivalent
over-award payments; and/or
(b) award wage
increases since 29 May 1991 other than safety net State Wage Case and minimum
rates adjustments.
3. Delete Part
B, Monetary Rates and insert in lieu thereof the following:
Part B
MONETARY RATES
Table 1 - Industry/Skill Level A
Where the accredited training course and work performed
are for the purpose of generating skills which have been defined for work at industry/skill
Level A.
2011 Adjustment
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|
Highest Year of
Schooling Completed
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|
|
Year 10
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Year 11
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Year 12
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|
SWC 2011 (3.4%)
|
SWC 2011 (3.4%)
|
SWC 2011 (3.4%)
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|
First Pay Period
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First Pay Period
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First Pay Period
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15 May 2013
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15 May 2013
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15 May 2013
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$
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$
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$
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|
School Leaver
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272.80
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300.80
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361.10
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Plus 1 year out of school
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300.80
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361.10
|
420.40
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Plus 2 years
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361.10
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420.40
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488.40
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Plus 3 years
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420.40
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488.40
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558.40
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Plus 4 years
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488.40
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558.40
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558.40
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Plus 5 years or more
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558.40
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558.40
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558.40
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2012 Adjustment
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Highest Year of
Schooling Completed
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Year 10
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Year 11
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Year 12
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|
SWC 2012 (2.9%)
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SWC 2012 (2.9%)
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SWC 2012 (2.9%)
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First Pay Period
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First Pay Period
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First Pay Period
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15 May 2013
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15 May 2013
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15 May 2013
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$
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$
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$
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School Leaver
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280.70
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309.50
|
371.50
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Plus 1 year out of school
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309.50
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371.50
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432.60
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Plus 2 years
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371.50
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432.60
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502.50
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Plus 3 years
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432.60
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502.50
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574.60
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Plus 4 years
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502.50
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574.60
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574.60
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Plus 5 years or more
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574.50
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574.60
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574.60
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The average proportion of time spent in structured training
which has been taken into account in setting the rate is 20 per cent.
Table 2 - Industry/Skill Level B
Where the accredited training course and work performed
are for the purpose of generating skills which have been defined for work at industry/skill
Level B.
2011 Adjustment
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|
Highest Year of
Schooling Completed
|
|
|
Year 10
|
Year 11
|
Year 12
|
|
|
SWC 2011 (3.4%)
|
SWC 2011 (3.4%)
|
SWC 2011 (3.4%)
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|
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First Pay Period
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First Pay Period
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First Pay Period
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15 May 2013
|
15 May 2013
|
15 May 2013
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$
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$
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$
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|
School Leaver
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273.00
|
301.00
|
349.00
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Plus 1 year out of school
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301.00
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349.00
|
402.00
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Plus 2 years
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349.00
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402.00
|
473.00
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Plus 3 years
|
402.00
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473.00
|
539.00
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Plus 4 years
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473.00
|
539.00
|
539.00
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Plus 5 years or more
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539.00
|
539.00
|
539.00
|
2012 Adjustment
|
|
Highest Year of
Schooling Completed
|
|
|
Year 10
|
Year 11
|
Year 12
|
|
|
SWC 2012 (2.9%)
|
SWC 2012 (2.9%)
|
SWC 2012 (2.9%)
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|
|
First Pay Period
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First Pay Period
|
First Pay Period
|
|
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15 May 2013
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15 May 2013
|
15 May 2013
|
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$
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$
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$
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School Leaver
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281.00
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310.00
|
359.00
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Plus 1 year out of school
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310.00
|
359.00
|
414.00
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Plus 2 years
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359.00
|
414.00
|
487.00
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Plus 3 years
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414.00
|
487.00
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555.00
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Plus 4 years
|
487.00
|
555.00
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555.00
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Plus 5 years or more
|
555.00
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555.00
|
555.00
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The average proportion of time spent in structured training
which has been taken into account in setting the rate is 20 per cent.
Table 3 - Weekly Rates - Industry/Skill Level C
Where the accredited training course and work performed
are for the purpose of generating skills which have been defined for work at
Skill Level C.
2011 Adjustment
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|
Highest Year of
Schooling Completed
|
|
|
Year 10
|
Year 11
|
Year 12
|
|
|
SWC 2011 (3.4%)
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SWC 2011 (3.4%)
|
SWC 2011 (3.4%)
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|
|
First Pay Period
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First Pay Period
|
First Pay Period
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|
15 May 2013
|
15 May 2013
|
15 May 2013
|
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$
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$
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$
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School Leaver
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273.00
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301.00
|
346.00
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Plus 1 year out of school
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301.00
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346.00
|
390.00
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Plus 2 years
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346.00
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390.00
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434.00
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Plus 3 years
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390.00
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434.00
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486.00
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Plus 4 years
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434.00
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486.00
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486.00
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Plus 5 years or more
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486.00
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486.00
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486.00
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2012 Adjustment
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|
Highest Year of
Schooling Completed
|
|
|
Year 10
|
Year 11
|
Year 12
|
|
|
SWC 2012 (2.9%)
|
SWC 2012 (2.9%)
|
SWC 2012 (2.9%)
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|
|
First Pay Period
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First Pay Period
|
First Pay Period
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|
15 May 2013
|
15 May 2013
|
15 May 2013
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$
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$
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$
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School Leaver
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281.00
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310.00
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356.00
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Plus 1 year out of school
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310.00
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356.00
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401.00
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Plus 2 years
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356.00
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401.00
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447.00
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Plus 3 years
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401.00
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447.00
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500.00
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Plus 4 years
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447.00
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500.00
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500.00
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Plus 5 years or more
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500.00
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500.00
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500.00
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The average proportion of time spent in Structured Training
which has been taken into account in setting the above rates is 20 per cent.
Table 4 - School-based Traineeships
2011 Adjustment
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Year of Schooling
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Year 11
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Year 12
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SWC 2011 (3.4%)
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SWC 2011 (2.9%)
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First Pay Period
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First Pay Period
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15 May 2013
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15 May 2013
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$
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$
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School based Traineeships Skill Levels A, B and C
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273.00
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301.00
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2012 Adjustment
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Year of Schooling
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Year 11
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Year 12
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|
SWC 2012 (3.4%)
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SWC 2012 (2.9%)
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|
|
First Pay Period
|
First Pay Period
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15 May 2013
|
15 May 2013
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|
$
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$
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School based Traineeships Skill Levels A, B and C
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281.00
|
310.00
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The average proportion of time spent in structured training
which has been taken into account in setting the rate is 20 per cent.
Table 5 - Hourly Rates for Trainees Who Have Left School
SKILL LEVEL A
2011 Adjustment
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SKILL LEVEL A
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Year 10
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Year 11
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Year 12
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SWC 2011
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SWC 2011
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SWC 2011
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|
(3.4%)
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(3.4%)
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(3.4%)
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First Pay Period
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First Pay Period
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First Pay Period
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15 May 2013
|
15 May 2013
|
15 May 2013
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$
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$
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$
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School leaver
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8.99
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9.90
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11.87
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1 year after leaving school
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9.90
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11.87
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13.79
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2 years +
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11.87
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13.79
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16.08
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3 years +
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13.79
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16.08
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18.37
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4 years +
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16.08
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18.37
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18.37
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5 years +
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18.37
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18.37
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18.37
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2012 Adjustment
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SKILL LEVEL A
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Year 10
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Year 11
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Year 12
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SWC 2012 (2.9%)
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SWC 2012 (2.9%)
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SWC 2012 (2.9%)
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|
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First Pay Period
|
First Pay Period
|
First Pay Period
|
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15 May 2013
|
15 May 2013
|
15 May 2013
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$
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$
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$
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School leaver
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9.25
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10.19
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12.21
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1 year after leaving school
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10.19
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12.21
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14.19
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2 years +
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12.21
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14.19
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16.55
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3 years +
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14.19
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16.55
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18.90
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4 years +
|
16.55
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18.90
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18.90
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5 years +
|
18.90
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18.90
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18.90
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SKILL LEVEL B
2011 Adjustment
|
SKILL LEVEL B
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|
Year 10
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Year 11
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Year 12
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|
SWC 2011 (3.4%)
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SWC 2011 (3.4%)
|
SWC 2011 (3.4%)
|
|
|
First Pay Period
|
First Pay Period
|
First Pay Period
|
|
|
15 May 2013
|
15 May 2013
|
15 May 2013
|
|
|
$
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$
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$
|
|
School leaver
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8.99
|
9.90
|
11.49
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1 year after leaving school
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9.90
|
11.49
|
13.22
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2 years +
|
11.49
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13.22
|
15.54
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3 years +
|
13.22
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15.54
|
17.70
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4 years +
|
15.54
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17.70
|
17.70
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5 years +
|
17.70
|
17.70
|
17.70
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2012 Adjustment
|
SKILL LEVEL B
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|
Year 10
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Year 11
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Year 12
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|
|
SWC 2012 (2.9%)
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SWC 2012 (2.9%)
|
SWC 2012 (2.9%)
|
|
|
First Pay Period
|
First Pay Period
|
First Pay Period
|
|
|
15 May 2013
|
15 May 2013
|
15 May 2013
|
|
|
$
|
$
|
$
|
|
School leaver
|
9.25
|
10.19
|
11.82
|
|
1 year after leaving school
|
10.19
|
11.82
|
13.60
|
|
2 years +
|
11.82
|
13.60
|
15.99
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|
3 years +
|
13.60
|
15.99
|
18.21
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|
4 years +
|
15.99
|
18.21
|
18.21
|
|
5 years +
|
18.21
|
18.21
|
18.21
|
SKILL LEVEL C
2011 Adjustment
|
SKILL LEVEL C
|
|
|
|
Year 10
|
Year 11
|
Year 12
|
|
|
SWC 2011 (3.4%)
|
SWC 2011 (3.4%)
|
SWC 2011 (3.4%)
|
|
|
First Pay Period
|
First Pay Period
|
First Pay Period
|
|
|
15 May 2013
|
15 May 2013
|
15 May 2013
|
|
|
$
|
$
|
$
|
|
School leaver
|
8.99
|
9.90
|
11.37
|
|
1 year after leaving school
|
9.90
|
11.37
|
12.80
|
|
2 years +
|
11.37
|
12.80
|
14.29
|
|
3 years +
|
12.80
|
14.29
|
16.00
|
|
4 years +
|
14.29
|
16.00
|
16.00
|
|
5 years +
|
16.00
|
16.00
|
16.00
|
2012 Adjustment
|
SKILL LEVEL C
|
|
|
|
Year 10
|
Year 11
|
Year 12
|
|
|
SWC 2012 (2.9%)
|
SWC 2012 (2.9%)
|
SWC 2012 (2.9%)
|
|
|
First Pay Period
|
First Pay Period
|
First Pay Period
|
|
|
15 May 2013
|
15 May 2013
|
15 May 2013
|
|
|
$
|
$
|
$
|
|
School leaver
|
9.25
|
10.19
|
11.70
|
|
1 year after leaving school
|
10.19
|
11.70
|
13.17
|
|
2 years +
|
11.70
|
13.17
|
14.70
|
|
3 years +
|
13.17
|
14.70
|
16.46
|
|
4 years +
|
14.70
|
16.46
|
16.46
|
|
5 years +
|
16.46
|
16.46
|
16.46
|
Table 6 - Hourly Rates for School-based Traineeships
2011 Adjustment
|
|
Year of Schooling
|
|
|
Year 11
|
Year 12
|
|
|
|
SWC 2011 (3.4%)
|
SWC 2011 (3.4%)
|
|
|
|
First Pay Period
|
First Pay Period
|
|
|
|
15 May 2013
|
15 May 2013
|
|
|
|
$
|
$
|
|
|
Skills levels A, B and C
|
8.99
|
9.90
|
|
2012 Adjustment
|
|
Year of Schooling
|
|
|
Year 11
|
Year 12
|
|
|
SWC 2012 (2.9%)
|
SWC 2012 (2.9%)
|
|
|
First Pay Period
|
First Pay Period
|
|
|
15 May 2013
|
15 May 2013
|
|
|
$
|
$
|
|
Skills levels A, B and C
|
9.25
|
10.19
|
4. This
variation shall take effect from the beginning of the first full pay period to
commence on or after 15 May 2013 in accordance with the State Wage Case 2011
and 2012 decision.
I. TABBAA,
Commissioner
____________________
Printed by
the authority of the Industrial Registrar.