Bid to pay Qld apprentices less than award

Queensland's peak construction bodies have launched a legal bid to continue paying first-year apprentices $8.93 an hour, almost $4 less than the award.

The unions have slammed the move, but the industries say it was the only choice available to them to clear up inefficient and confusing legislation.

Master Builders Queensland, All Trades Queensland and the Housing Industry Association filed documents in the Federal Court this week that sought to overturn a decision by the Fair Work Commissioner.

The commissioner ruled all apprentices should be paid $12.66 an hour under the modern award, not the state award that paid them $3.73 less, at $8.93.

It was upheld by the full bench of the Fair Work Commission, so the industry bodies decided to take the matter to the Federal Court.

Electrical Trades Union national apprentice officer Mark Burgess described the legal action as "despicable, shameless behaviour".

"Any reasonable member of the community, if you asked them, would say that it's not acceptable to pay anyone eight dollars an hour," he said in a statement.

But Master Builders Queensland construction policy director Corlia Roos said the commissioner's decision caught everyone off-guard.

"The ETU is very well aware this is not a case of underpayment," she told AAP.

"For them to make this an underpayment issue beggars belief."

Ms Roos said everyone knew Queensland was exempt from the new award and both the Fair Work Ombudsman and Fair Work Commission had upheld the lower award in recent years.

Ms Roos said there were "historical reasons" as to why Queensland was able to continue paying apprentices a lower wage.

"We have been asking the government to intervene because the potential fallout is huge," she said.

"It could have a significant impact on the apprentice intake in Queensland."

If the commissioner's decision is upheld by the Federal Court, it could pave the way for workers to make back-pay claims.