Section 199 — Fair Work Act 2009: School-based apprentices and school-based trainees

Application of this section (1) This section applies if: (a) an employee who is a school-based apprentice or a school-based trainee is covered by an enterprise agreement; and (b) the agreement provides for the employee to be paid loadings (the agreement loadings) in lieu of any of the following: (i) paid annual leave; (ii) paid personal/carer’s leave; (iii) paid absence under Division 10 of Part 2-2 (which deals with public holidays); and (c) a modern award that is in operation and covers the employee provides for the employee to be paid loadings (the award loadings) in lieu of leave or absence of that kind. No detriment test (2) The FWC must be satisfied that the amount or rate (as the case may be) of the agreement loadings is not detrimental to the employee when compared to the amount or rate of the award loadings.