MA000073 PR729332 |
FAIR WORK COMMISSION |
DETERMINATION |
Fair Work Act 2009
s.285—Annual wage review
Annual Wage Review 2020–21
(C2021/1)
FOOD, BEVERAGE AND TOBACCO MANUFACTURING AWARD 2020
[MA000073]
Food, beverages and tobacco manufacturing industry | |
JUSTICE ROSS, PRESIDENT |
MELBOURNE, 25 JUNE 2021 |
Annual Wage Review 2020–21.
A. Further to the decision issued by the Expert Panel in the Annual Wage Review
2020–21 on 16 June 2021 [[2021] FWCFB 3500], the above award is varied as follows:
1. By deleting the table appearing in clause 14.1(a) and inserting the following:
Classification level |
Minimum weekly rate
|
Minimum hourly rate |
$ |
$ | |
Level 1 |
772.60 |
20.33 |
Level 2 |
794.80 |
20.92 |
Level 3 |
825.20 |
21.72 |
Level 4 |
853.60 |
22.46 |
Level 5 |
899.50 |
23.67 |
Level 6 |
927.70 |
24.41 |
2. By deleting the table appearing in clause 15.1 and inserting the following:
Relevant attribute of the person at the time of entering into a training agreement as an apprentice | ||||||||
Stage of apprenticeship |
Column 1 |
Column 2 |
Column 3 |
Column 4 | ||||
Completed |
Completed |
Completed |
Adult | |||||
Minimum weekly rate |
Minimum hourly rate |
Minimum weekly rate |
Minimum hourly rate |
Minimum weekly rate |
Minimum hourly rate |
Minimum weekly rate |
Minimum hourly rate | |
$ |
$ |
$ |
$ |
$ |
$ |
$ |
$ | |
Stage 1 |
377.79 |
9.94 |
431.76 |
11.36 |
455.30 |
11.98 |
683.62 |
17.99 |
Stage 2 |
494.73 |
13.02 |
494.73 |
13.02 |
529.90 |
13.94 |
772.60 |
20.33 |
Stage 3 |
674.63 |
17.75 |
674.63 |
17.75 |
674.63 |
17.75 |
794.80 |
20.92 |
Stage 4 |
791.56 |
20.83 |
791.56 |
20.83 |
825.20 |
21.72 |
825.20 |
21.72 |
3. By deleting the table appearing in clause 15.3 and inserting the following:
Relevant attribute of the person at the time of entering into a training agreement as an apprentice | |||||||||
Stage of apprenticeship |
Has not completed Year 12 |
Has completed Year 12 |
Adult apprentice aged 21+ | ||||||
|
% of Level 5 |
Min weekly rate |
Min hourly rate |
% of Level 5 |
Min weekly rate |
Min hourly rate |
Wage rate |
Min weekly rate |
Min hourly rate |
$ |
$ |
$ |
$ |
$ |
$ | ||||
Stage 1 |
50% |
449.75 |
11.84 |
55% |
494.73 |
13.02 |
80% of Level 5 |
719.60 |
18.94 |
Stage 2 |
60% |
539.70 |
14.20 |
65% |
584.68 |
15.39 |
Level 1 rate |
772.60 |
20.33 |
Stage 3 |
75% |
674.63 |
17.75 |
75% |
674.63 |
17.75 |
Level 2 rate |
794.80 |
20.92 |
Stage 4 |
88% |
791.56 |
20.83 |
88% |
791.56 |
20.83 |
Level 3 rate |
825.20 |
21.72 |
4. By deleting the table appearing in clause 20.2(b) and inserting the following:
In charge of |
per week extra |
$ | |
3–10 employees |
39.36 |
11–20 employees |
58.80 |
more than 20 employees |
74.84 |
5. By deleting the table appearing in clause 20.2(c) and inserting the following:
Vehicle size |
per hour extra |
$ | |
over 3 tonnes GVW and up to 4.5 tonnes GVW |
0.14 |
over 4.5 tonnes GVW and up to 14.95 tonnes GVW |
1.18 |
over 14.95 tonnes GVW |
1.56 |
a semi-trailer |
2.82 |
6. By deleting the amount “$19.74” appearing in clause 20.2(d) and inserting “$20.24”.
7. By deleting the amount “$17.46” appearing in clause 20.2(e) and inserting “$17.89”.
8. By deleting the amount “$0.65” appearing in clause 20.2(f)(ii) and inserting “$0.66”.
9. By deleting the table appearing in clause 20.2(f)(iii) and inserting the following:
Temperature |
per hour extra |
$ | |
Between 46°C and 54°C |
0.69 |
Above 54°C |
0.90 |
10. By deleting the amount “$0.67” appearing in clause 20.2(f)(iv) and inserting “$0.69”.
11. By deleting the amount “$0.88” appearing in clause 20.2(f)(v) and inserting “$0.90”.
12. By deleting the amount “$0.67” appearing in clause 20.2(f)(vi) and inserting “$0.69”.
13. By deleting the amount “$8.82” appearing in clause 20.2(f)(vii) and inserting “$9.04”.
14. By deleting the table appearing in clause B.1.3 and inserting the following:
|
Ordinary hours |
Saturday |
Sunday |
Public holiday |
% of ordinary hourly rate1 | ||||
|
100% |
150% |
200% |
250% |
$ |
$ |
$ |
$ | |
Level 1 |
20.33 |
30.50 |
40.66 |
50.83 |
Level 2 |
20.92 |
31.38 |
41.84 |
52.30 |
Level 3 |
21.72 |
32.58 |
43.44 |
54.30 |
Level 4 |
22.46 |
33.69 |
44.92 |
56.15 |
Level 5 |
23.67 |
35.51 |
47.34 |
59.18 |
Level 6 |
24.41 |
36.62 |
48.82 |
61.03 |
15. By deleting the table appearing in clause B.1.4 and inserting the following:
|
Monday to Saturday – first 3 hours |
Monday to Saturday – after 3 hours |
Sunday |
Public holiday |
% of ordinary hourly rate1 | ||||
|
100% |
150% |
200% |
250% |
$ |
$ |
$ |
$ | |
Level 1 |
30.50 |
40.66 |
40.66 |
50.83 |
Level 2 |
31.38 |
41.84 |
41.84 |
52.30 |
Level 3 |
32.58 |
43.44 |
43.44 |
54.30 |
Level 4 |
33.69 |
44.92 |
44.92 |
56.15 |
Level 5 |
35.51 |
47.34 |
47.34 |
59.18 |
Level 6 |
36.62 |
48.82 |
48.82 |
61.03 |
16. By deleting the table appearing in clause B.1.5 and inserting the following:
All shiftworkers |
Other than continuous shiftworkers |
Continuous shiftworkers | |||||||
Early morning shift |
Afternoon shift or night shift |
Afternoon or night shift not continuing1 |
Permanent night shift |
Saturday |
Sunday |
Public holiday |
Sunday & Public holiday | ||
First 3 hours |
After 3 hours | ||||||||
% of ordinary hourly rate2 | |||||||||
112.5% |
115% |
150% |
200% |
130% |
150% |
200% |
250% |
200% | |
$ |
$ |
$ |
$ |
$ |
$ |
$ |
$ |
$ | |
Level 1 |
22.87 |
23.38 |
30.50 |
40.66 |
26.43 |
30.50 |
40.66 |
50.83 |
40.66 |
Level 2 |
23.54 |
24.06 |
31.38 |
41.84 |
27.20 |
31.38 |
41.84 |
52.30 |
41.84 |
Level 3 |
24.44 |
24.98 |
32.58 |
43.44 |
28.24 |
32.58 |
43.44 |
54.30 |
43.44 |
Level 4 |
25.27 |
25.83 |
33.69 |
44.92 |
29.20 |
33.69 |
44.92 |
56.15 |
44.92 |
Level 5 |
26.63 |
27.22 |
35.51 |
47.34 |
30.77 |
35.51 |
47.34 |
59.18 |
47.34 |
Level 6 |
27.46 |
28.07 |
36.62 |
48.82 |
31.73 |
36.62 |
48.82 |
61.03 |
48.82 |
17. By deleting the table appearing in clause B.1.6 and inserting the following:
Other than continuous shiftworkers |
Continuous shiftworkers |
Sunday |
Other than continuous shiftworkers |
Continuous shiftworkers | ||
Monday to Saturday |
Public holiday | |||||
First 3 hours |
After 3 hours |
All overtime worked |
All overtime worked |
All overtime worked |
All overtime worked | |
% of ordinary hourly rate1 | ||||||
150% |
200% |
200% |
200% |
250% |
200% | |
$ |
$ |
$ |
$ |
$ |
$ | |
Level 1 |
30.50 |
40.66 |
40.66 |
40.66 |
50.83 |
40.66 |
Level 2 |
31.38 |
41.84 |
41.84 |
41.84 |
52.30 |
41.84 |
Level 3 |
32.58 |
43.44 |
43.44 |
43.44 |
54.30 |
43.44 |
Level 4 |
33.69 |
44.92 |
44.92 |
44.92 |
56.15 |
44.92 |
Level 5 |
35.51 |
47.34 |
47.34 |
47.34 |
59.18 |
47.34 |
Level 6 |
36.62 |
48.82 |
48.82 |
48.82 |
61.03 |
48.82 |
18. By deleting the table appearing in clause B.2.3 and inserting the following:
|
Ordinary hours |
Saturday |
Sunday |
Public holiday |
% of casual ordinary hourly rate1 | ||||
|
100% |
150% |
200% |
250% |
$ |
$ |
$ |
$ | |
Level 1 |
25.41 |
38.12 |
50.82 |
63.53 |
Level 2 |
26.15 |
39.23 |
52.30 |
65.38 |
Level 3 |
27.15 |
40.73 |
54.30 |
67.88 |
Level 4 |
28.08 |
42.12 |
56.16 |
70.20 |
Level 5 |
29.59 |
44.39 |
59.18 |
73.98 |
Level 6 |
30.51 |
45.77 |
61.02 |
76.28 |
19. By deleting the table appearing in clause B.2.4 and inserting the following:
All shiftworkers |
Other than continuous shiftworkers |
Continuous shiftworkers | |||||||
Early morning shift |
Afternoon shift or night shift |
Afternoon or night shift not continuing1 |
Permanent night shift |
Saturday |
Sunday |
Public holiday |
Sunday & Public holiday | ||
First 3 hours |
After 3 hours | ||||||||
% of casual ordinary hourly rate2 | |||||||||
112.5% |
115% |
150% |
200% |
130% |
150% |
200% |
250% |
200% | |
$ |
$ |
$ |
$ |
$ |
$ |
$ |
$ |
$ | |
Level 1 |
28.59 |
29.22 |
38.12 |
50.82 |
33.03 |
38.12 |
50.82 |
63.53 |
50.82 |
Level 2 |
29.42 |
30.07 |
39.23 |
52.30 |
34.00 |
39.23 |
52.30 |
65.38 |
52.30 |
Level 3 |
30.54 |
31.22 |
40.73 |
54.30 |
35.30 |
40.73 |
54.30 |
67.88 |
54.30 |
Level 4 |
31.59 |
32.29 |
42.12 |
56.16 |
36.50 |
42.12 |
56.16 |
70.20 |
56.16 |
Level 5 |
33.29 |
34.03 |
44.39 |
59.18 |
38.47 |
44.39 |
59.18 |
73.98 |
59.18 |
Level 6 |
34.32 |
35.09 |
45.77 |
61.02 |
39.66 |
45.77 |
61.02 |
76.28 |
61.02 |
20. By deleting the table appearing in clause B.2.5 and inserting the following:
Monday to Saturday Sunday Public Holiday First 3 hours After 3 hours 150% 200% 200% 250% % of casual ordinary hourly rate1 $ $ $ $ Level 1 38.12 50.82 50.82 63.53 Level 2 39.23 52.30 52.30 65.38 Level 3 40.73 54.30 54.30 67.88 Level 4 42.12 56.16 56.16 70.20 Level 5 44.39 59.18 59.18 73.98 Level 6 45.77 61.02 61.02 76.28 21. By deleting the table appearing in clause B.2.6 and inserting the following:
Monday to Sunday and Public Holidays % of casual ordinary hourly rate1 200% $ Level 1 50.82 Level 2 52.30 Level 3 54.30 Level 4 56.16 Level 5 59.18 Level 6 61.02 22. By deleting the amount “$23.09” appearing in clause C.1.1 and inserting “$23.67”. 23. By deleting the table appearing in clause C.1.1 and inserting the following:
Allowance Clause % of standard rate $ Payable Leading hand in charge of—3 to 10 employees1 20.2(b) 166.3 39.36 per week Leading hand in charge of—11 to 20 employees1 20.2(b) 248.4 58.80 per week Leading hand in charge of—more than 20 employees1 20.2(b) 316.2 74.84 per week Heavy vehicle driving allowance—over 3 tonnes GVW and up to 4.5 tonnes GVW1 20.2(c) 0.6 0.14 per hour Heavy vehicle driving allowance—over 4.5 tonnes GVW and up to 14.95 tonnes GVW1 20.2(c) 5.0 1.18 per hour Heavy vehicle driving allowance—over 14.95 tonnes GVW1 20.2(c) 6.6 1.56 per hour Heavy vehicle driving allowance—a semi-trailer1 20.2(c) 11.9 2.82 per hour Boiler attendants allowance1 20.2(d) 85.5 20.24 per week First aid allowance 20.2(e) 75.6 17.89 per week Cold places allowance 20.2(f)(ii) 2.8 0.66 per hour Hot places allowance—artificially raised to between 46°C and 54°C 20.2(f)(iii) 2.9 0.69 per hour Hot places allowance—artificially raised to above 54°C 20.2(f)(iii) 3.8 0.90 per hour Wet places allowance 20.2(f)(iv) 2.9 0.69 per hour Confined spaces allowance 20.2(f)(v) 3.8 0.90 per hour Dirty, dusty or offensive work 20.2(f)(vi) 2.9 0.69 per hour Using fumigation gas 20.2(f)(vii) 38.2 9.04 per day 24. By deleting clause E.4 and inserting the following: E.4 Minimum rates
The minimum rate for a full-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level A by clause E.6.1 is the weekly rate specified in column 2 of Table 1—Wage level A minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in column 1.
Column 1
Column 2
Year 10 Year 11 Year 12 per week per week per week $ $ $ School leaver 347.10 382.20 455.30 Plus 1 year out of school 382.20 455.30 529.90 Plus 2 years out of school 455.30 529.90 616.60 Plus 3 years out of school 529.90 616.60 706.00 Plus 4 years out of school 616.60 706.00 Plus 5 or more years out of school 706.00 NOTE: See clause E.4.3 for other minimum wage provisions that affect clause E.4.1(a). The minimum rate for a full-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level B by clause E.6.2 is the weekly rate specified in Column 2 of Table 2—Wage level B minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in Column 1.
Column 1
Column 2
Year 10 Year 11 Year 12 per week per week per week $ $ $ School leaver 347.10 382.20 443.00 Plus 1 year out of school 382.20 443.00 509.60 Plus 2 years out of school 443.00 509.60 597.70 Plus 3 years out of school 509.60 597.70 681.70 Plus 4 years out of school 597.70 681.70 Plus 5 or more years out of school 681.70 NOTE: See clause E.4.3 for other minimum wage provisions that affect clause E.4.1(b). The minimum rate for a full-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level C by clause E.6.3 is the weekly rate specified in Column 2 of Table 3—Wage level C minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in Column 1.
Column 1
Column 2
Year 10 Year 11 Year 12 per week per week per week $ $ $ School leaver 347.10 382.20 443.00 Plus 1 year out of school 382.20 443.00 498.80 Plus 2 years out of school 443.00 498.80 557.30 Plus 3 years out of school 498.80 557.30 620.70 Plus 4 years out of school 557.30 620.70 Plus 5 or more years out of school 620.70 NOTE: See clause E.4.3 for other minimum wage provisions that affect clause E.4.1(c). (d) AQF Certificate Level IV traineeships (i) The minimum rate for a full-time trainee undertaking an AQF Certificate Level IV traineeship is the minimum rate for the relevant full-time AQF Certificate Level III traineeship increased by 3.8%.
Table 4—Wage level B minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship)
Column 1
Column 2
Column 3
per week per week $ $ A 733.40 761.80 B 707.60 734.60 C 643.90 668.20 NOTE: See clause E.4.3 for other minimum wage provisions that affect clause E.4.1(d).
The minimum hourly rate for a part-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level A by clause E.6.1 is the hourly rate specified in column 2 of Table 5—Wage level A minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in column 1.
Column 1
Column 2
Year 10 Year 11 Year 12 per hour per hour per hour $ $ $ School leaver 11.42 12.59 14.99 Plus 1 year out of school 12.59 14.99 17.45 Plus 2 years out of school 14.99 17.45 20.28 Plus 3 years out of school 17.45 20.28 23.22 Plus 4 years out of school 20.28 23.22 Plus 5 or more years out of school 23.22 NOTE: See clause E.4.2(f) for calculating the actual minimum wage. See also clause E.4.3 for other minimum wage provisions that affect clause E.4.2(a). The minimum hourly rate for a part-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level B by clause E.6.2 is the hourly rate specified in Column 2 of Table 6—Wage level B minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in Column 1.
Column 1
Column 2
Year 10 Year 11 Year 12 per hour per hour per hour $ $ $ School leaver 11.42 12.59 14.59 Plus 1 year out of school 12.59 14.59 16.77 Plus 2 years out of school 14.59 16.77 19.68 Plus 3 years out of school 16.77 19.68 22.45 Plus 4 years out of school 19.68 22.45 Plus 5 or more years out of school 22.45 NOTE: See clause E.4.2(f) for calculating the actual minimum wage. See also clause E.4.3 for other minimum wage provisions that affect clause E.4.2(b). The minimum hourly rate for a part-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level C by clause E.6.2 is the hourly rate specified in Column 2 of Table 7—Wage level C minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in Column 1.
Column 1
Column 2
Year 10 Year 11 Year 12 per hour per hour per hour $ $ $ School leaver 11.42 12.59 14.59 Plus 1 year out of school 12.59 14.59 16.41 Plus 2 years out of school 14.59 16.41 18.33 Plus 3 years out of school 16.41 18.33 20.42 Plus 4 years out of school 18.33 20.42 Plus 5 or more years out of school 20.42 NOTE: See clause E.4.2(f) for calculating the actual minimum wage. See also clause E.4.3 for other minimum wage provisions that affect clause E.4.2(c). The minimum hourly rate for a part-time trainee who works ordinary hours and is undertaking a school-based AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage levels A, B or C by clause E.6 is the hourly rate in column 1 or 2 of Table 8—Minimum hourly rate for part-time trainees (school-based AQF Certificate Level I–III traineeship) according to the year of schooling of the trainee.
Column 1
Column 2
per hour per hour $ $ 11.42 12.59 NOTE: See clause E.4.2(f) for calculating the actual minimum wage. See also clause E.4.3 for other minimum wage provisions that affect this clause E.4.2(d). (e) AQF Certificate Level IV traineeships (i) The minimum hourly rate for a part-time trainee undertaking an AQF Certificate Level IV traineeship is the minimum hourly rate for the relevant part-time AQF Certificate Level III traineeship increased by 3.8%.
Table 9—Minimum hourly rate for part-time adult trainees (AQF Certificate Level IV traineeship)
Column 1
Column 2
Column 3
per hour per hour $ $ A 24.11 25.06 B 23.25 24.15 C 21.19 21.99 NOTE: See clause E.4.2(f) for calculating the actual minimum wage. See also clause E.4.3 for other minimum wage provisions that affect this clause E.4.2(e). (f) Calculating the actual minimum wage (i) If fewer than 38 (or an average of 38) ordinary hours of work per week is considered full-time at the workplace by the employer, the appropriate minimum hourly rate for a part-time trainee is obtained by multiplying the relevant minimum hourly rate in clauses E.4.2(a) to E.4.2(e) by 38 and then dividing the figure obtained by the full-time ordinary hours of work per week.
E.4.3 Other minimum wage provisions (g) Clause E.4.3 applies despite anything to the contrary in clause E.4.2.
The minimum wage for a trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate level are not allocated to a wage level by clause E.6 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I–III traineeship whose training package and AQF certificate level are allocated to wage level B. B. This determination comes into operation on 1 July 2021. In accordance with s.286(5) of the Fair Work Act 2009 this determination does not take effect in relation to a particular employee until the start of the employee’s first full pay period that starts on or after 1 July 2021. PRESIDENT Printed by authority of the Commonwealth Government Printer
E.4.1 Minimum weekly rates for full-time traineeships
Table 1—Wage level A minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship
Experience level of trainee
Highest year of schooling completed
Table 2—Wage level B minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship)
Experience level of trainee
Highest year of schooling completed
Table 3—Wage level C minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship)
Experience level of trainee
Highest year of schooling completed
(ii) The minimum rate for a full-time adult trainee undertaking an AQF Certificate Level IV traineeship is the weekly rate specified in column 2 or 3 of Table 4—Minimum weekly rate for full-time adult trainees (AQF Certificate Level IV traineeship) according to the year of the traineeship specified in those columns and the relevant wage level for the relevant AQF Certificate Level III traineeship specified in column 1:
Wage level
First year of traineeship
Second and subsequent years of traineeship
E.4.2 Minimum hourly rates for part-time traineeships
Table 5—Wage level A minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship)
Experience level of trainee
Highest year of schooling completed
Table 6—Wage level B minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship)
Experience level of trainee
Highest year of schooling completed
Table 7—Wage level C minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship)
Experience level of trainee
Highest year of schooling completed
Table 8—Minimum hourly rate for part-time trainees (school-based AQF Certificate Level I–III traineeship)
Year 11 or lower
Year 12
(ii) The minimum hourly rate for a part-time adult trainee undertaking an AQF Certificate Level IV traineeship is the hourly rate in column 2 or 3 of Table 9—Minimum hourly rate for part-time adult trainees (AQF Certificate Level IV traineeship), according to the year of the traineeship specified in those columns and the relevant wage level for the relevant AQF Certificate Level III traineeship specified in column 1:
Wage level
First year of traineeship
Second and subsequent years of traineeship
(ii) If the approved training for a part-time traineeship is provided wholly off-the-job by a registered training organisation, for example at school or at TAFE, the relevant minimum hourly rate in clauses E.4.2(a) to E.4.2(e) applies to each ordinary hour worked by the trainee.
(iii) If the approved training for a part-time traineeship is undertaken solely on-the-job or partly on-the-job and partly off-the-job, the relevant minimum hourly rate in clauses E.4.2(a) to E.4.2(e) minus 20% applies to each ordinary hour worked by the trainee.
(h) An employee who was employed by an employer immediately before becoming a trainee with that employer must not suffer a reduction in their minimum rate of pay because of becoming a trainee.
(i) For the purpose of determining whether a trainee has suffered a reduction as mentioned in clause E.4.3(b), casual loadings are to be disregarded.
(j) If a qualification is converted from an AQF Certificate Level II to an AQF Certificate Level III traineeship, or from an AQF Certificate Level III to an AQF Certificate Level IV traineeship, then the trainee must be paid the next highest minimum wage provided in this schedule, if a higher minimum wage is provided for the new AQF certificate level.