Info on apprentice annual leave pay

[Brian84]

I have an apprentice who is being a ball breaker. I just paid him his 4 weeks holiday pay plus the 17.5% leave loading, now he is saying that I am supposed to pay him travel allowance in his holiday pay as well. I looked on the fair work website and also sent the link to him as well showing that I don't pay the travel allowance because that's what the website says. Well that wasn't good enough for him so he rang up fair work and said that I have to pay it.

I didn't take his word for it so I rang them myself and the guy on the phone said that I have to pay it.

Which should I go off, the website or the phone call.

Can anyone shed some light on this for me please.

I had a problem earlier in the year from wrong info from fair work and I had to back pay approx $2500. I don't want the same thing to happen from the useless people. They are supposed to be there to help employers on info they aren't sure about.

 

[Macca]

I was always a member of my industry association when in business, they are usually very clear on all the industry quirks and legal requirements.

http://www.masterplumbers.com.au/

If you are not sure of what is required then I would be getting help from the experts

 

[SK Investments]

I have an apprentice who is being a ball breaker. I just paid him his 4 weeks holiday pay plus the 17.5% leave loading, now he is saying that I am supposed to pay him travel allowance in his holiday pay as well. I looked on the fair work website and also sent the link to him as well showing that I don't pay the travel allowance because that's what the website says. Well that wasn't good enough for him so he rang up fair work and said that I have to pay it.

I didn't take his word for it so I rang them myself and the guy on the phone said that I have to pay it.

Which should I go off, the website or the phone call.

Can anyone shed some light on this for me please.

I had a problem earlier in the year from wrong info from fair work and I had to back pay approx $2500. I don't want the same thing to happen from the useless people. They are supposed to be there to help employers on info they aren't sure about.

Building and Construction General On-site Award 2010
25. Fares and travel patterns allowance
25.10 Daily entitlement

(a) The travelling allowances prescribed in this clause will be payable for:

(i) any day upon which the employee performs or reports for duty,or allocation of work;and

(ii) any rostered day off taken as prescribed in clauses 33?Ordinary hours of work,and 34?Shiftwork.

(b) The allowances prescribed in this subclause will be taken into account when calculating the annual leave loading.

(c) The allowances prescribed by this subclause will not be taken into account for calculating overtime,penalty rates,annual or personal/carer?s leave entitlements.

25.12 Apprentices

(a) Apprentices will be entitled to a proportion of the allowances prescribed in clauses 25.2,25.3 and 25.4 in accordance with the following scale:

(i) on the first year rate?75% of amount prescribed;

(ii) on second year rate?85% of amount prescribed;

(iii) on third year rate?90% of amount prescribed;

(iv) on fourth year rate?95% of amount prescribed.

[25.12(b) substituted by PR544640 ppc 01Jan14]

(b) (i) Apprentices will only receive the allowances prescribed in clause 25.12(a) for days when they attend work and any rostered day off.

(ii) Apprentices will not be paid the allowance in clause 25.12(a) for days they attend an RTO for training and assessment in accordance with the contract of training.

(iii) When a school-based apprentice attends off-the-job training or assessment not at the school at which they are enrolled they will receive 25% of the allowance prescribed in clause 25.12(a).

 

[SK Investments]

(b) The allowances prescribed in this subclause will be taken into account when calculating the annual leave loading.

(c) The allowances prescribed by this subclause will not be taken into account for calculating overtime,penalty rates,annual or personal/carer?s leave entitlements.

From what I can tell you include the allowance to calculate the 17.5% loading as per point (b) but you do not include the allowance for items mentioned in (c)

 

[pinkboy]

Did you pay his full holiday pay in advance in one go? Ewwwwwww!

I personally would pay it, then get in writing from Fair Work if he is entitled or not either way. If not I would be letting him know it will be immediately deducted from his next pay.

I have had very good dealings with Fair Work both as an employee and subsequently an employer.

pinkboy

 

[Brian84]

Thanks macca I might do that next year. Get the right advice so there can be no more stuff ups.

Pink boy I pay my apprentice his holiday pay around Xmas time because that's when he wants his holiday pay and also because we close down over Xmas for 3-4weeks. What way would you do it?

 

[jim1964]

They are supposed to be there to help employers

Wrongggggggg in my dealings with this incompetent bunch of morons, you the employer are the enemy.

 

[Macca]

Thanks macca I might do that next year. Get the right advice so there can be no more stuff ups.

Pink boy I pay my apprentice his holiday pay around Xmas time because that's when he wants his holiday pay and also because we close down over Xmas for 3-4weeks. What way would you do it?

They should be able to help you with the sub contractor/employee arrangement as well

 

[pinkboy]

Thanks macca I might do that next year. Get the right advice so there can be no more stuff ups.

Pink boy I pay my apprentice his holiday pay around Xmas time because that's when he wants his holiday pay and also because we close down over Xmas for 3-4weeks. What way would you do it?

I pay every Monday. Even when we shutdown I still pay weekly. It keeps my staff cashflow in check, so Im doing them a favour!

No worries this year - I got blokes working through the break, including me.

pinkboy

 

[Brian84]

So pink boy do you pay them their holiday pay a week at a time?

I agree 100% jim. They try and screw over the employer any way they can. I could think of a lot worse to call them but I would probably get kicked off somersoft hahaha.

You would think so macca but I don't know if I could trust them.

 

[Brian84]

Macca do you know what the industry association would be for chippies. Would that be MBA or hia? Do you know how much it costs.

 

[pinkboy]

So pink boy do you pay them their holiday pay a week at a time?

Yep. I never advance pay.

pinkboy

 

[Brian84]

Thanks pink boy I will be doing that in the future. What industry are you in?

 

[moyjos]

This whole thread is why I employ through a workplace solutions company (as explained in a previous thread). No argument ....they are HR experts. We are security screen experts, you are a plumbing/chippy expert. Stay with your strength and let HR guys do theirs. HR is now such a legal minefield that you can never keep on top of

As to your question regarding chippy pays. Both MBA and HIA will give advice but they won't stand by it if push comes to shove . Had a mate who got MBA (bad) advice that ended up costing him a lot of money

 

[pinkboy]

Thanks pink boy I will be doing that in the future. What industry are you in?

Mine maintenance.


pinkboy

 

[Brian84]

Thanks moyjos. The problem with those agencies is they charge a fair bit from what I have heard. If you put them through an agency do you have to keep them full time? Or can you pick when you want them

 

[moyjos]

Thanks moyjos. The problem with those agencies is they charge a fair bit from what I have heard. If you put them through an agency do you have to keep them full time? Or can you pick when you want them

Our guys are all on casual for whatever hours we need them for. (we have one on 38hrs, one on 24 and one that does whatever is needed). Haycroft charges A small % on top of the hourly rate + super + workcover. Ring around and get a couple of quotes.

I look at it as the same as using a PM for your IPs. The PM knows their business and you pay a fee for them to do the job that you can do yourself, but it is arguably better to use an agent who knows the current rules.

 

[SK Investments]

38.2 Payment for annual leave
[38.2(a) varied by PR994519 from 01Jan10]
(a) Instead of the base rate of pay as referred to in s.90(1) of the Act, an employee
under this award, before going on annual leave, must be paid, in advance, the
amount which they would have received for working ordinary time hours if
they had not been on leave.

I suggest that you take some time to read and understand the award if you have employees.

 

[Macca]

Macca do you know what the industry association would be for chippies. Would that be MBA or hia? Do you know how much it costs.

No I don't, years since I was in building supply game so can't help there. Contact them and see what they offer, probably depends on how big your business is.

 

[Brian84]

Only a small business now macca. 3 employees.

Thanks sk I will look into it.

Moyjos I think I might do that in the new year. I am sick of all the headaches with these whingers.

Apprentice is on his last legs anyway. The young blokes these days have no respect for someone who is trying to teach them a trade which will be their career.