Plumbing apprentices

Transcription

1 Master Builders INDUSTRIAL RELATIONS IR14 07/2012 Plumbing apprentices WAGES & ALLOWANCES FOR PLUMBING APPRENTICES EFFECTIVE 1 JULY 2012 As a result of the transition of state awards to modern awards, apprentices in Queensland will be paid according to their business/employer history. The amount of wages and operative date of current wages will differ depending on whether your business is a company or sole trader or partnership and when your business was established. The different arrangements are outlined below and are also summarised on page 3 of this circular. Plumbing apprentices employed by a business incorporated prior to 27 March 2006 Businesses incorporated prior to 27 March 2006 pay apprentices in accordance with both the Building & Construction Industry Award State 2003, NAPSA and the Order Apprentices and Trainees Wages and Conditions 2003 (the Order). In Queensland, the Order has been preserved, meaning that the relevant percentages for each wage level will remain unchanged and the yearly tool allowance will still be payable. Plumbing apprentices employed by a business incorporated on or after 27 March 2006 These businesses pay the modern award rate and are bound by the modern award provisions, including different percentages for the wage levels and the payment of the tool allowance in the wage rate. However, these businesses are subject to the transitional provisions of the modern award. Plumbing apprentices employed by a sole trader or partnership established prior to 1 January 2010 Sole traders and partnerships pay their apprentices in accordance with both the Building & Construction Industry Award State 2003, and the Order Apprentices and Trainees Wages and Conditions 2003 (the Order). In Queensland, the Order has been preserved, meaning that the relevant percentages for each wage level will remain unchanged and the yearly tool allowance will still be payable. Sole traders and partnerships established on or after 1 January 2010 These businesses pay the modern award rate and are bound by the modern award provisions, including different percentages for the wage levels and the payment of the tool allowance in the wage rate. THIS PUBLICATION IS PRODUCED EXCLUSIVELY FOR MEMBERS OF MASTER BUILDERS FOR FURTHER INFORMATION PLEASE CONTACT THE WORKPLACE RELATIONS TEAM ON (07) , workplacerelations@masterbuilders.asn.au OR LOG ONTO THE MASTER BUILDERS WEBSITE AU. Master Builders Head Office 417 Wickham Terrace, Brisbane Queensland 4000 p (07) f (07) e ask@masterbuilders.asn.au

2 Key conditions HOURS PLUMBING APPRENTICES EMPLOYED BY A BUSINESS INCORPORATED PRIOR TO 27 MARCH 2006 OR SOLE TRADERS AND PARTNERSHIPS ESTABLISHED PRIOR TO 1 JANUARY hours per week plus mandatory RDOs. HOURS PLUMBING APPRENTICES EMPLOYED BY A BUSINESS INCORPORATED ON OR AFTER 27 MARCH 2006 OR SOLE TRADERS AND PARTNERSHIPS ESTABLISHED ON OR AFTER 1 JANUARY 2010 The average ordinary hours worked will be 38 per week for a four week cycle. Unless there is written agreement between the employer and the employees to start at 6am the spread of hours are worked from 7am to 6pm Monday to Friday. Ordinary hours will be worked in a 20 day, four week cycle, Monday to Friday inclusive with 19 days of eight hours each, with 0.4 of one hour each day accruing as a paid Rostered Day Off. There are alternative methods of arranging ordinary hours and rostered days off available, however, only employers of fewer than 15 employees (not working alongside other building and construction workers) can (subject to agreement in writing) work 38 hours in any week, instead of accruing RDOs. ANNUAL LEAVE Four weeks per year including 17.5% leave loading. PERSONAL/CARER S LEAVE Eligible employees are entitled to ten days paid personal/carer s leave per year that can be taken as personal leave or carer s leave. Personal leave is paid sick leave taken by an employee because of the employee s personal illness or injury. The accumulation of this leave is uncapped. (Note: The entitlement is ten days NOT eight days as previously applied). Carer s leave is leave taken by an employee to provide care and support to a member of the employee s household or immediate family. OVERTIME Monday Friday: Time and ½ (i.e. 150%): first two hours; Double time (i.e. 200%) thereafter. Saturday: The appropriate time and ½ rate for the first two hours and double time thereafter. Minimum engagement period is for three hours. Sunday: The appropriate double time rate ALL DAY. Minimum engagement period is for four hours. PAGE 2 MASTER BUILDERS IR14 07/2012

3 How to use this circular A. For employers whose business was incorporated prior to 27 March page 4 B. For employers whose business was incorporated on or after 27 March page 6 C. For sole traders and partnerships established prior to 1 January page 7 D. Sole traders and partnerships established on or after 1 January page 9 Summary of apprentice conditions that apply to businesses The following table summarises the employment arrangements employers and their apprentices and trainees will now be covered. At the time of publication, this table represents the most recent interpretation of the new regulations. Employer type/description Dates of effect Minimum employment conditions Apprentice/ trainee progression and conditions QIRC Order Apprentices and Trainees Wages and Conditions Sole traders, unincorporated entities in partnership and other unincorporated entities (formerly under state system) established prior to 1 January February 2011 No change (as per previous state award, frozen Constitutional corporations (incorporated entities who are trading or financial) usually Pty Ltd or Ltd companies, where corporation existed prior to 27 March 2006 and was employing employees and bound by a Queensland state award immediately before WorkChoices reform commencements on 27 March 2006) Constitutional corporations (incorporated entities who are trading or financial) usually Pty Ltd or Ltd companies where the corporation was created on or after 27 March 2006 All employers that responded to a federal award prior to 1 January 2010 Any new business (either sole trader or corporation) created after 31 December January 2010 No change (as per previous NAPSA or frozen state award requirements until Fair Work Australia completes apprentice and trainee review) QIRC Tool Allowance Order QIRC Order Apprentices and Trainees Wages and Conditions QIRC Tool Allowance Order (NAPSA) 1 January 2010 Modern award As per modern award 1 January 2010 Modern award As per modern award 1 January 2010 Modern award As per modern award IR014 07/2012 MASTER BUILDERS PAGE 3

4 A. Business incorporated prior to 27 March 2006 Wages operative 1 July 2012 Apprentice Plumber Southern Eastern Southern Western Mackay Northern Eastern Northern Western Travel Allowance per day 1st Year 40% $8.32 $8.33 $8.33 $8.33 $8.34 $ nd Year 55% $11.23 $11.24 $11.24 $11.24 $11.26 $ rd Year 75% $15.10 $15.12 $15.12 $15.12 $15.15 $ th Year 90% $18.01 $18.03 $18.03 $18.03 $18.06 $13.60 Note: The above rates include the industry allowance, follow the job loading and special allowance. Tool allowance/buying tools Apprentices receive tools to the value of $600. This allowance is received annually. It is a requirement to provide the first installment of tools within six months of commencement and then within the first three months of the second, third and fourth years. It is advisable to keep accurate records of which tools are presented to the apprentice (e.g. description, value and date). It is also wise to keep receipts and have the apprentice sign for the tools. Adult apprentices Adult means any person who is 21 years of age or over at the time of commencing an apprenticeship or traineeship. These provisions shall not apply to apprentices and trainees who become an adult during the term of the apprenticeship or traineeship. Apprentices shall be entitled to the adult minimum wage (as amended from time to time) plus the full industry allowance prescribed by the Order (previous state award). The adult minimum wage is currently $ per week. The industry allowance is $21.70 per week. Adult apprentices Per week Per hour Travel allowance per day 1st year $ $ $ nd year $ $ $ rd year $ $ $ th year* $ $18.01 $13.60 *Southern Eastern PAGE 4 MASTER BUILDERS IR14 07/2012

5 A. Business incorporated prior to 27 March 2006 School-based apprentices School-based apprenticeship means a contract of training and paid employment where a school student s timetable or curriculum reflects a combination of work, training and school study, which together lead to the award of a senior certificate or its equivalent, and progress towards, or the attainment of, a vocational qualification. School-based apprentices shall be entitled to wages for all time worked including time spent undertaking on the job training. School-based apprentices are not casual employees, however, school-based apprentices shall not be entitled to wages for the following: (a) time spent at school and/or institution or undertaking off the job training; (b) annual leave; (c) sick leave; and (d) public holidays, where the apprentice or trainee is not required to work on such days. All school-based apprentices shall receive a loading of 20% in addition to the base hourly rate for full-time and part-time apprentices. Such loading shall compensate for: (i) annual leave; (ii) sick leave; and (iii) public holidays, where the apprentice or trainee is not required to work on such days. The loaded hourly rate shall be used as the ordinary time rate for the calculation of overtime, penalties and all other purposes of the applicable Industrial instrument. School based apprentices shall also receive the daily travel allowance and the tool allowance. IR014 07/2012 MASTER BUILDERS PAGE 5

6 B. Business incorporated on or after 27 March 2006 Wages EFFECTIVE 1 JULY 2012 APPRENTICE WAGES Wage Level Apprentice Plumber per hour 1st year 37.5% $8.07 2nd year 55% $ rd year 70% $ th year 90% $18.12 Notes: 1. The above rates are inclusive of the tool allowance, plumbing trade allowance, industry allowance and special allowance. 2. Apprentices employed by a business incorporated on or after 27 March 2006 do not get the annual tool allowance for buying tools. 3. There are no district allowances for a business incorporated on or after 27 March Fares & travel Description (i) Daily fares and travel where employee required to start or finish at job site, or start and finish work at usual times and uses own vehicle. (ii) Travelling time within 50km radius Amount $9.72 per day 25% of relevant hourly rate per day Adult apprentices An adult apprentice is an employee who is 21 years of age or over at the time of signing the contract of training. For the purpose of fixing a rate of pay only, the adult apprentice will continue to receive the rate of pay that is applicable to the classification or class of work in which the adult apprentice was engaged immediately prior to entering into the contract of indenture. Subject to the above, the rate of pay of an adult apprentice will be the rate prescribed for the lowest paid classification prescribed in the Award (currently $17.94 per hour) or the rate prescribed for the relevant year of apprenticeship, whichever is the greater. School-based apprentices A school-based apprentice is an employee who is undertaking an apprenticeship while also undertaking a course of secondary education. The relevant minimum wages for full-time junior and adult apprentices calculated hourly, will apply to school-based apprentices for total hours worked including time deemed to be spent in off-the-job training. 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. 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. School-based apprentices are entitled to pro-rata all other conditions. PAGE 6 MASTER BUILDERS IR14 07/2012

7 C. Sole traders and partnerships established prior to 1 January 2010 Operative 1 July 2012 Apprentice Plumber Southern Eastern Southern Western Mackay Northern Eastern Northern Western Travel Allowance per day 1st Year 40% $8.41 $8.42 $8.42 $8.42 $8.43 $ nd Year 55% $11.31 $11.33 $11.33 $11.33 $11.35 $ rd Year 75% $15.19 $15.21 $15.21 $15.21 $15.23 $ th Year 90% $18.09 $18.12 $18.12 $18.12 $18.15 $14.65 Note: The above rates are inclusive of the industry allowance, follow the job loading and special allowance. Tool allowance/buying tools Apprentices receive tools to the value of $600. This allowance is received annually. It is a requirement to provide the first installment of tools within six months of commencement and then within the first three months of the second, third and fourth years. It is advisable to keep accurate records of which tools are presented to the apprentice (e.g. description, value and date). It is also wise to keep receipts and have the apprentice sign for the tools. Adult apprentices Adult means any person who is 21 years of age or over at the time of commencing an apprenticeship or traineeship. These provisions shall not apply to apprentices and trainees who become an adult during the term of the apprenticeship or traineeship. Apprentices shall be entitled to the adult minimum wage (as amended from time to time) plus the full industry allowance prescribed by the Order (previous state award). The adult minimum wage is currently $ per week. The industry allowance is $25.00 per week. Adult apprentices Per week Per hour Travel allowance per day 1st year $ $ $ nd year $ $ $ rd year $ $ $ th year* $ $18.09 $14.65 *Southern Eastern IR014 07/2012 MASTER BUILDERS PAGE 7

8 C. Sole traders and partnerships established prior to 1 January 2010 School-based apprentices School-based apprenticeship means a contract of training and paid employment where a school student s timetable or curriculum reflects a combination of work, training and school study, which together lead to the award of a senior certificate or its equivalent, and progress towards, or the attainment of, a vocational qualification. School-based apprentices shall be entitled to wages for all time worked including time spent undertaking on the job training. School-based apprentices are not casual employees, however, school-based apprentices shall not be entitled to wages for the following: (a) time spent at school and/or institution or undertaking off the job training; (b) (c) (d) annual leave; sick leave; and public holidays, where the apprentice or trainee is not required to work on such days. All school-based apprentices shall receive a loading of 20% in addition to the base hourly rate for full-time and part-time apprentices. Such loading shall compensate for: (i) (ii) annual leave; sick leave; and (iii) public holidays, where the apprentice or trainee is not required to work on such days. The loaded hourly rate shall be used as the ordinary time rate for the calculation of overtime, penalties and all other purposes of the applicable Industrial instrument. School based apprentices shall also receive the daily travel allowance and the tool allowance. PAGE 8 MASTER BUILDERS IR14 07/2012

9 D. Sole traders and partnerships established on or after 1 January 2010 EFFECTIVE 1 JULY 2010 APPRENTICE WAGES Wage Level Apprentice Plumber per hour 1st year 37.5% $8.07 2nd year 55% $ rd year 70% $ th year 90% $18.12 Notes: 1. The above rates are inclusive of the tool allowance, plumbing trade allowance, industry allowance and special allowance. 2. Apprentices employed by a business incorporated on or after 27 March 2006 do not get the annual tool allowance for buying tools. 3. There are no district allowances for a business incorporated on or after 27 March Fares & travel Description (i) Daily fares and travel where employee required to start or finish at job site, or start and finish work at usual times and uses own vehicle. (ii) Travelling time within 50km radius Amount $9.72 per day 25% of relevant hourly rate per day Adult apprentices An adult apprentice is an employee who is 21 years of age or over at the time of signing the contract of training. For the purpose of fixing a rate of pay only, the adult apprentice will continue to receive the rate of pay that is applicable to the classification or class of work in which the adult apprentice was engaged immediately prior to entering into the contract of indenture. Subject to the above, the rate of pay of an adult apprentice will be the rate prescribed for the lowest paid classification prescribed in the Award (currently $17.94 per hour) or the rate prescribed for the relevant year of apprenticeship, whichever is the greater. School-based apprentices A school-based apprentice is an employee who is undertaking an apprenticeship while also undertaking a course of secondary education. The relevant minimum wages for full-time junior and adult apprentices calculated hourly, will apply to school-based apprentices for total hours worked including time deemed to be spent in off-the-job training. 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. 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. School-based apprentices are entitled to pro-rata all other conditions. IR014 07/2012 MASTER BUILDERS PAGE 9