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 973 of 2013)
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Before The Honourable Acting Justice Boland
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12 February 2014
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VARIATION
1. Delete
paragraph (x) of subclause (b) of Clause 6, Employment Conditions, of the award
published 2 June 2000 (315 I.G. 1404) and reprinted 27 January 2012 (372
I.G.680), as varied, 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 in 2012
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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While for 2013 the wage rate is
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$288 x
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15
- 3.8
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= $106.10 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 2013. 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.
2013 Adjustment
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Highest Year of Schooling
Completed
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Year 10
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Year 10
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Year 11
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Year 11
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Year 12
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Year 12
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SWC 2012
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SWC 2013 (2.6%)
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SWC 2012
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SWC 2013 (2.6%)
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SWC 2012
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SWC 2013 (2.6%)
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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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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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14 November 2013
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15 May 2013
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14 November 2013
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15 May 2013
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14 November 2013
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$
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$
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$
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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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288.00
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309.50
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317.60
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371.50
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381.20
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Plus 1 year out of school
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309.50
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317.60
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371.50
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381.20
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432.60
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443.90
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Plus 2 years
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371.50
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381.20
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432.60
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443.90
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502.50
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515.60
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Plus 3 years
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432.60
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443.90
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502.50
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515.60
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574.60
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589.40
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Plus 4 years
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502.50
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515.60
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574.60
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589.40
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574.60
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589.40
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Plus 5 years or more
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574.50
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589.40
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574.60
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589.40
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574.60
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589.40
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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.
2013 Adjustment
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Highest Year of
Schooling Completed
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Year 10
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Year 10
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Year 11
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Year 11
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Year 12
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Year 12
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SWC 2012
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SWC 2013 (2.6%)
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SWC 2012
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SWC 2013 (2.6%)
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SWC 2012
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SWC 2013 (2.6%)
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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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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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14 November 2013
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15 May 2013
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14 November 2013
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15 May 2013
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14 November 2013
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$
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$
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$
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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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288.00
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310.00
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318.00
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359.00
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368.00
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Plus 1 year out of school
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310.00
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318.00
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359.00
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368.00
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414.00
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425.00
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Plus 2 years
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359.00
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368.00
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414.00
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425.00
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487.00
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500.00
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Plus 3 years
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414.00
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425.00
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487.00
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500.00
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555.00
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569.00
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Plus 4 years
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487.00
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500.00
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555.00
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569.00
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555.00
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569.00
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Plus 5 years or more
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555.00
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569.00
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555.00
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569.00
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555.00
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569.00
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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.
2013 Adjustment
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Highest Year of
Schooling Completed
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Year 10
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Year 10
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Year 11
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Year 11
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Year 12
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Year 12
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SWC 2012
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SWC 2013 (2.6%)
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SWC 2012
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SWC 2013 (2.6%)
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SWC 2012
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SWC 2013 (2.6%)
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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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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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14 November 2013
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15 May 2013
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14 November 2013
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15 May 2013
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14 November 2013
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$
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$
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$
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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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288.00
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310.00
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318.00
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356.00
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365.00
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Plus 1 year out of school
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310.00
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318.00
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356.00
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365.00
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401.00
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411.00
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Plus 2 years
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356.00
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365.00
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401.00
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411.00
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447.00
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459.00
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Plus 3 years
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401.00
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411.00
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447.00
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459.00
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500.00
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513.00
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Plus 4 years
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447.00
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459.00
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500.00
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513.00
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500.00
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513.00
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Plus 5 years or more
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500.00
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513.00
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500.00
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513.00
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500.00
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513.00
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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
2013 Adjustment
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Year of Schooling
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Year 11
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Year 11
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Year 12
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Year 12
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SWC 2012
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SWC 2013 (2.6%)
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SWC 2012
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SWC 2013 (2.6%)
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First Pay Period
15 May 2013
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First Pay Period
14 November 2013
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First Pay Period
15 May 2013
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First Pay Period
14 November 2013
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$
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$
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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
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288.00
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310.00
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318.00
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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
2013 Adjustment
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SKILL LEVEL A
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Year 10
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Year 10
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Year 11
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Year 11
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Year 12
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Year 12
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SWC 2012
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SWC 2013 (2.6%)
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SWC 2012
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SWC 2013 (2.6%)
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SWC 2012
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SWC 2013 (2.6%)
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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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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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14 November 2013
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15 May 2013
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14 November 2013
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15 May 2013
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14 November 2013
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$
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$
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$
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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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9.49
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10.19
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10.46
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12.21
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12.53
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1 year after
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10.19
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10.46
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12.21
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12.53
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14.19
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14.56
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leaving school
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2 years +
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12.21
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12.53
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14.19
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14.56
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16.55
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16.98
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3 years +
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14.19
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14.56
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16.55
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16.98
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18.90
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19.39
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4 years +
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16.55
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16.98
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18.90
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19.39
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18.90
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19.39
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5 years +
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18.90
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19.39
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18.90
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19.39
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18.90
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19.39
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SKILL LEVEL B
2013 Adjustment
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SKILL LEVEL B
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Year 10
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Year 10
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Year 11
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Year 11
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Year 12
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Year 12
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SWC 2012
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SWC 2013 (2.6%)
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SWC 2012
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SWC 2013 (2.6%)
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SWC 2012
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SWC 2013 (2.6%)
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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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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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14 November 2013
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15 May 2013
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14 November 2013
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15 May 2013
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14 November 2013
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$
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$
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$
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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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9.49
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10.19
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10.46
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11.82
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12.13
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1 year after
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10.19
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10.46
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11.82
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12.13
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13.60
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13.95
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leaving school
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2 years +
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11.82
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12.13
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13.60
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13.95
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15.99
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16.41
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3 years +
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13.60
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13.95
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15.99
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16.41
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18.21
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18.68
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4 years +
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15.99
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16.41
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18.21
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18.68
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18.21
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18.68
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5 years +
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18.21
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18.68
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18.21
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18.68
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18.21
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18.68
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SKILL LEVEL C
2013 Adjustment
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SKILL LEVEL C
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Year 10
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Year 10
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Year 11
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Year 11
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Year 12
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Year 12
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SWC 2012
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SWC 2013 (2.6%)
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SWC 2012
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SWC 2013 (2.6%)
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SWC 2012
|
SWC 2013 (2.6%)
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|
|
First Pay Period
|
First Pay Period
|
First Pay Period
|
First Pay Period
|
First Pay Period
|
First Pay Period
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|
15 May 2013
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14 November 2013
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15 May 2013
|
14 November 2013
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15 May 2013
|
14 November 2013
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$
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$
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$
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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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9.49
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10.19
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10.46
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11.70
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12.00
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1 year after leaving
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10.19
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10.46
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11.70
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12.00
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13.17
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13.51
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school
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2 years +
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11.70
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12.00
|
13.17
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13.51
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14.70
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15.08
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3 years +
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13.17
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13.51
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14.70
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15.08
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16.46
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16.89
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4 years +
|
14.70
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15.08
|
16.46
|
16.89
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16.46
|
16.89
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5 years +
|
16.46
|
16.89
|
16.46
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16.89
|
16.46
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16.89
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Table 6 - Hourly Rates for School-based Traineeships
2012 Adjustment
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Year of Schooling
|
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Year 11
|
Year 11
|
Year 12
|
Year 12
|
|
|
SWC 2012
|
SWC 2013 (2.6%)
|
SWC 2012
|
SWC 2013 (2.6%)
|
|
|
First Pay Period
|
First Pay Period
|
First Pay Period
|
First Pay Period
|
|
|
15 May 2013
|
14 November 2013
|
15 May 2013
|
14 November 2013
|
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|
$
|
$
|
$
|
$
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Skills levels A, B and C
|
9.25
|
9.49
|
10.19
|
10.46
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3. This variation
shall take effect from the beginning of the first full pay period to commence
on or after 14 November 2013 in accordance with the State Wage Case 2013.
R. P. BOLAND , Acting Justice
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Printed by the authority of the Industrial Registrar.