Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 135

135 Apprentice’s and trainee’s employment conditions

(1) An apprentice or trainee is entitled to the same employment conditions as those fixed by the industrial instrument applicable to employees in the workplace where the apprentice or trainee is employed.

(2) An apprentice or trainee is entitled to wages at—

(a) if an industrial instrument applying to employees in the workplace where the apprentice or trainee is employed or placed states a rate payable to apprentices or trainees—the rate stated in the instrument; or

(b) otherwise—the rate fixed by the commission, being a proportion of the wages payable for the relevant calling to employees in the workplace where the apprentice or trainee is employed or placed.

Examples—

1 An apprentice plumber is placed by a group training organisation in the workplace of a host employer where a federal award applies. The apprentice is entitled to the rate of wages stated in the federal award rather than a State award.

2 An apprentice carpenter is placed by a group training organisation in the workplace of a host employer where a certified agreement applies. The certified agreement does not state the rate of wages payable to an apprentice. The apprentice is entitled to wages at the rate fixed by the commission, being a proportion of the wages payable to a qualified carpenter under the certified agreement.

(3) If an industrial instrument provides for a tradesperson in a calling to be paid an allowance in addition to wages, an apprentice in the calling is entitled to be paid—

(a) if, under the instrument, the allowance is taken to be part of the tradesperson’s wages—the percentage of the allowance that the apprentice’s wages bear to the tradesperson’s wages; or

(b) if, under the instrument, the allowance is not taken to be part of the tradesperson’s wages—the full allowance.

(4) If an industrial instrument provides for a tradesperson in a calling to be paid an allowance that is assessed as a percentage of the tradesperson’s wages, an apprentice in the calling is entitled to be paid the percentage of the allowance that the apprentice’s wages bear to the tradesperson’s wages.

(5) Subsection (4) applies whether or not, under the instrument, the allowance is taken to be part of the tradesperson’s wages.

(6) In this section—

"industrial instrument" includes a federal industrial instrument.

"workplace" , for an apprentice or trainee employed by a group training organisation, includes the workplace of the host employer with whom the apprentice or trainee is placed.