YOUNG WORKERS

YOUNG WORKERS

Young workers may include junior employees, apprentices, trainees and/or school-based apprentices/trainees.

What is classed a Junior Employee?

Under the Fair Work Act 2009, a junior employee is defined as “a national system employee who is under 21”.

What is classed an Apprentice & Trainee?

Apprentices and trainees are employed to learn a trade, industry or occupation, through on-the-job and/or off-the-job training.

Trades may include electrical, carpentry, plumbing, cookery, hairdressing, automotive technician, landscaping, and more.

Industry or occupational vocational traineeships may include childcare, business, marketing, general administration, hospitality and more.

Apprentices and trainees may be employed as school-based, junior or adult employees, depending on their age.

School-based apprenticeships and traineeships allow school students to undertake a trade or vocational training at the same time as obtaining their secondary education.

Summary of Types of Apprentices and Trainees

School-based Apprentice/Trainee Obtaining secondary education and an apprenticeship/traineeship
Apprentice/Trainee Below the age of 21 at the commencement of their apprenticeship/traineeship
Adult Apprentice/Trainee 21 years of age or above at the commencement of their apprenticeship/traineeship

What are the pay rates for each?

The rates of pay will depend on a number of factors, such as the employee’s age, occupation, basis in which work is performed and whether the employee is covered by an industrial instrument (i.e. modern award, enterprise agreement or registered agreement) or is award free.

Modern Award Covered Junior Employees, Apprentices & Trainees

For employees covered by a modern award, refer to the applicable modern award to determine the specific terms for junior employees, apprentices and trainees.

Generally, modern awards provide information on:

– Junior rates of pay

– Training agreement

– Potential cancellation, suspension or transfer of apprenticeship

– Period of apprenticeship

– Hours, overtime and shiftwork

– Attendance at a registered training organisation

– Training fees and textbooks

– Adult apprentices

– Apprentice wages

– Allowances

– And more

To view the list of modern awards, click here.

To find the applicable modern award pay guide, click here.

Award Free Junior Employees, Apprentices & Trainees

Where an employee is not covered by an industrial instrument, their minimum entitlements are set by the National Minimum Wage (“NMW”).

The National Minimum Wage Order 2020 (“Order”) came into operation on 1 July 2020 and took effect from the start of the employee’s first full pay period on or after 1 July 2020.

The Order sets out that the NMW is currently $753.80 per week, calculated on the basis of a week of 38 ordinary hours, or $19.84 per hour.  The NMW is updated each 1 July.

The NMW applies to an award/agreement free employee other than:

1. A junior employee;

2. An employee to whom a training arrangement applies; or

3. An employee with a disability.

However, the Order sets out a number of Special National Minimum Wage categories for the abovementioned employees.

Junior Employee Special National Minimum Wage 3 applies to an award/agreement free junior employee.
Apprentice (including adult apprentices and school-based apprentices) Special National Minimum Wage 4 applies to an award/agreement free employee who is an apprentice.
Trainee (including adult trainee and school-based trainee) Special National Minimum Wage 5 applies to an award/agreement free employee to whom a training arrangement applies (but not an apprentice).

To view the Order, click here.

To view the award/agreement free wages on the Fair Work Ombudsman website, click here.

Employees under 18 years of age

Where an employer wishes to employ a school-aged or junior employee below the age of 18, the employer must obtain a parent/guardian consent form authorising the young worker to perform work.

For more information on the Queensland Government website, click here.

Contact Us

Contact the team at HR Business Assist for further information or assistance.

Phone:  1300 138 551 | Email:  info@hrbusinessassist.com.au

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