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Circular No 2003/4: New Apprenticeships

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Note: This document has not been updated to reflect changes that may flow from the WorkChoices legislation enacted on 27 March 2006

Attachment C: Workplace Relations Act 1996

SECTION 170XC Special case-employee undertaking approved traineeship

(1) If an agreement provides for the payment of wages to an employee undertaking an approved traineeship at a rate that is not less than the appropriate percentage of the rate (benchmark rate) that would be applicable to the employee under the relevant award or designated award (as the case may be) if:
(a) that award applied to him or her; and
(b) he or she were not undertaking the traineeship; the approval or certification of the agreement is not to be taken to result in a reduction of the employee's wages.

(2) For the purposes of subsection (1), the appropriate percentage of the benchmark rate is such percentage of that rate as is determined in writing by the approving authority having regard to the reduction in the productive time of an employee undertaking the approved traineeship due to time spent in training.

(3) If the agreement adopts, as the qualification for a wage level, a criterion determined by the approving authority instead of the criterion applying under the relevant award or designated award (as the case may be), that award is taken, for the purposes of this section, to have effect as if the criterion determined by the approving authority were substituted for the last-mentioned criterion.

SECTION 170XD Special case-employee undertaking approved apprenticeship

(1) This section applies if:

(a) an agreement provides for the payment of wages to an employee undertaking an approved apprenticeship in a particular trade, occupation or kind of work; and
(b) there is a relevant award or designated award regulating the payment of wages to employees undertaking an apprenticeship (benchmark apprenticeship) in the same trade, occupation or kind of work.

(2) The approval or certification of the agreement is to be taken to result in a reduction of the employee's wages only if the agreement provides for the payment of wages to employees undertaking the approved apprenticeship at a rate that is less than the rate applicable under the relevant award or designated award (as the case may be) to employees undertaking the benchmark apprenticeship adjusted (if necessary) as provided in subsection (3).

(3) For the purposes of subsection (2), the rate that is applicable to an employee undertaking the benchmark apprenticeship is to be adjusted to take into account the proportionate difference, as determined by the approving authority, between the productive time of an employee under the approved apprenticeship and the productive time of an employee under the benchmark apprenticeship.

(4) If the agreement adopts, as the qualification for a wage level, a criterion determined by the approving authority instead of the criterion applying under the relevant award or designated award (as the case may be), that award is taken, for the purposes of this section, to have effect as if the criterion determined by the approving authority were substituted for the last-mentioned criterion.