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Training Wage - Interim (State) AwardPosted: 09 April 2002Author: Indusrial Relations Commission of NSW
SummaryThis Interim Award was made by the NSW Industrial Relations Commission on 24 December, 2001 to generally regulate the employment conditions of trainees in NSW. There are a broad range of exemptions to this award, including all enterprise or project awards. Furthermore there are many industry spectific arragements that is award is excluded from. Please carefully eximine Clause 9 - Area, Incidence and Duration for a full listing of exclusions.
TRAINING WAGE - INTERIM (STATE) AWARD
ARRANGEMENT
Clause No. Subject Matter
PART A
1 Title 2 Application 3 Objective 4 Definitions 5 Training Conditions 6 Employment Conditions 7 Wages 8 Grievance Procedures 9 Area, Incidence and Duration
PART B
MONETARY RATES
Table 1 - Weekly Rates - Industry/Skill Level A Table 2 - Weekly Rates - Industry/Skill Level B Table 3 - Weekly Rates - Industry/Skill Level C Table 4 - School Based Traineeships Table 5 - Hourly Rates for Trainees Who Have Left School Table 6 - Hourly Rates for School-Based Traineeships
APPENDIX A
Industry/Skill Levels
PART A
1. TITLE
This award shall be known as the Training Wage - Interim (State) Award.
2. APPLICATION
(a) Subject to subclause (c) of this clause, and clause 9, Area, Incidence and Duration, this award shall apply to persons who are undertaking a traineeship (as defined) and is to be read in conjunction with the Parent Award (as defined).
(b) Notwithstanding (a), this award shall apply provisionally for an interim period:
(i) Starting upon the commencement date as recorded on a valid "Application to Establish a Traineeship" signed by both the employer and the Trainee, which has been lodged with the Relevant NSW Training Authority; and
(ii) Ending upon the expiry of one calendar month period immediately following the employer's receipt of the Indenture Papers from the Relevant NSW Training Authority.
In any case, the duration for which this award may provisionally apply shall be no longer than two calendar months, or such longer period as may be required to accommodate a delay in processing the "Application to Establish a Traineeship" which is beyond the control of the employer.
(c) The Parent Award or any former industrial agreement of the Industrial Relations Commission of New South Wales shall apply, except where inconsistent with this award.
(d) Notwithstanding the foregoing, this award shall not apply to employees who were employed by an employer under an award referred to in subclause (a) of this clause prior to the date of approval of a Traineeship relevant to the employer, except where agreed upon between the employer and the relevant union(s).
(e) This award does not apply to the apprenticeship system or any training program which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at 27 April, 1998 or in an award that binds the employer.
(f) At the conclusion of the traineeship, this Award shall cease to apply to the employment of the trainee and the Parent Award shall apply to the former trainee.
3. OBJECTIVE
The objective of this award is to assist in the establishment ofa system of traineeships which provides approved training in conjunction with employment in order to enhance the skill levels and future employment prospects of trainees, particularly young people, and the long term unemployed. The system is neither designed nor intended for those who are already trained and job ready. It is not intended that existing employees shall be displaced from employment by trainees. Nothing in this award shall be taken to replace the prescription of training requirements in the Parent Award.
4. DEFINITIONS
StructuredTraining means that training which is specified in the Training Plan which is part of the Training Agreement registered with the relevant NSW Training Authority. It includes training undertaken both on and off-the-job in a Traineeship and involves formal instruction, both theoretical and practical, and supervised practice. The training reflects the requirements of a Traineeship approved by the relevant NSW Training Authority and leads to a qualification set out in clause 5(f).
Parent Award means an award that applies to a Trainee, or that would have applied, but for the operation of this award.
Relevant Union means a union party to the making of theParent Award and which is entitled to enrol the Trainee as a member.
Trainee is an individual who is a signatory to a training agreement registered with the relevant NSW Training Authority and is involved in paid work and structured training which may be on or off the job. A trainee can be full-time, part-time or school-based.
Traineeship means a system of training which has been approved by the relevant NSW Training Authority, and includes full time traineeships and part time traineeships including school-based traineeships.
Training Agreement means an instrument which establishes a Traineeship under the Industrial and Commercial Act 1989. (Note: Under the Industrial and Commercial Training Act a training agreement is also referred to as an indenture).
Training Plan means a programme of training which forms part of a Training Agreement registered with the Relevant NSW Training Authority.
School-Based Trainee is a student enrolled in the Higher School Certificate, or equivalent qualification, who is undertaking a traineeship which forms a recognised component of their HSC curriculum, and is endorsed by the relevant NSW Training Authority and the NSW Board of Studies as such.
Relevant NSW Training Authority means the Department of Education and Training, or successor organisation.
Year 10 For the purposes of this award any person leaving school before completing Year 10 shall be deemed to have completed Year 10.
5. TRAINING CONDITIONS
(a) The Trainee shall attend an approved training course or training program prescribed in the Training Agreement or as notified to the trainee by the Relevant NSW Training Authority in an accredited and relevant traineeship.
(b) A Traineeship shall not commence until the relevant Training Agreement, has been signed by the employer and the trainee and lodged for registration with the Relevant NSW Training Authority.
(c) The employer shall ensure that the Trainee is permitted to attend the training course or program provided for in the Training Agreement and shall ensure that the Trainee receives the appropriate on-the-job training.
(d) The employer shall provide a level of supervision in accordance with the Training Agreement during the traineeship period.
(e) The employer agrees that the overall training program will be monitored by officers of the Relevant NSW Training Authority and thattraining records or work books may be utilised as part of this monitoring process.
(f) Training shall be directed at:
(i) the achievement of key competencies required for successful participation in the workplace (eg. literacy, numeracy, problem solving, team work, using technology) and an Australian Qualification Framework Certificate Level I.
This could be achieved through foundation competencies which are part of endorsed competencies for an industry or enterprise; and/or
(ii) the achievement of key competencies required for successful participation in an industry or enterprise (where there are endorsed national standards these will define these competencies) as are proposed to be included in an Australian Qualification Framework Certificate Level II or above.
6. EMPLOYMENT CONDITIONS
(a) A Trainee shall be engaged as a full-time employee for a maximum of one year's duration or a part-time trainee for a period no greater than the equivalent of one year full-time employment.
For example, a part-time trainee working 2 ½ days per week (including the time spent in approved training) works (and trains) half the hours of a full-time trainee and therefore their traineeship could extend for a maximum of two years.
In any event, unless the Relevant NSW Training Authority directs, the maximum duration for a traineeship shall be thirty six months.
By agreement in writing, and with the consent of the relevant NSW Training Authority, the relevant employer and the Trainee may vary the duration of the Traineeship and the extent of approved training provided that any agreement to vary is in accordance with the relevant Traineeship.
(b) A trainee shall be subject to a satisfactory probation period of up to one month which may be reduced at the discretion of the employer.
(c) Where the trainee completes the qualification in the Training Agreement, earlier than the time specified in the Training Agreement then the traineeship may be concluded by mutual agreement.
(d) A traineeship shall not be terminated before its conclusion, except in accordance with the Industrial and Commercial Training Act 1989, or by mutual agreement.
An employer who chooses not to continue the employment of a trainee upon the completion of the traineeship shall notify, in writing, the Relevant NSW Training Authority of their decision.
(e) The
trainee shall be permitted to be absent from work without loss of
(f) Where the employment of a Trainee by an employer is continued after the completion of the traineeship period, such traineeship period shall be counted as service for the purposes of any Parent Award or any other legislative entitlements.
(g) (i) Traineeship Agreement may restrict the circumstances under which the Trainee may work overtime and shiftwork in order to ensure the training program is successfully completed.
(ii) No trainee shall work overtime or shiftwork on their own unless consistent with the provisions of the Parent Award.
(iii) No Trainee shall work shift work unless the relevant parties to this Award agree that such shift work makes satisfactory provision for Structured Training. Such training may be applied over a cycle in excess of a week, but must average over the relevant period no less than the amount of training required for non-shiftwork Trainees.
(iv) The trainee wage shall be the basis for the calculation of overtime and/or shift penalty rates prescribed by the Parent Award.
(h) All other terms and conditions of the Parent Award(s) that are applicable to the Trainee or would be applicable to the Trainee but for this Award shall apply unless specifically varied by this Award.
(i) A Trainee who fails to either complete the Traineeship or who cannot, for any reason, be placed in full time employment with the employer on successful completion of the Traineeship, shall not be entitled to any severance payment.
The following employment conditions apply specifically to part-time and school-based trainees:
(j) A part time trainee shall receive, on a pro rata basis, all employment conditions applicable to a full time trainee. All the provisions of this award shall apply to part time trainees except as specified in this clause.
(k) A part time trainee may, by agreement, transfer from a part time to a full time traineeship position should one become available.
(l) The minimum daily engagement periods, applying to part-time employees, specified in the Parent Award(s) shall also be applicable to part time trainees.
Where there is no provision for a minimum daily engagement period in the Parent Award(s) or other industrial instrument(s), applying to part-time employees, then the minimum start per occasion shall be 3 continuous hours, except in cases where it is agreed that there shall be a start of 2 continuous hours, on 2 or more days per week, provided that:
(i) (i) a 2 hour start is sought by the employee to accommodate the employee's personal circumstances, or
(ii) (ii) the place of work is within a distance of 5km from the employee's place of residence.
(m) School-based trainees shall not be required to attend work during the interval starting four weeks prior to the commencement of the final year Higher School Certificate Examination period and ending upon the completion of the individual's last HSC examination paper.
(n) For the purposes of this award, a school-based trainee shall become an ordinary trainee as at January 1 of the year following the year in which they ceased to be a school student.
7. WAGES
Wages - Full-Time Trainees
(a) The weekly wages payable to full time trainees shall be as follows:
(b) (b) These wage rates will only apply to Trainees while they are undertaking an approved Traineeship which includes Structured Training as defined in this Award.
(c) The wage rates prescribed by this clause do not apply to complete trade level training which is covered by the Apprenticeship system.
(d) (d) The rates of pay in this award include the adjustments payable under the State Wage Case 2001. These Adjustments may be offset against:
(i) (i) any equivalent overaward payments, and/or
(ii) (ii) award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.
(e) Appendix A sets out the skill level of a Traineeship. The industry skill/levels contained in Appendix A are, illustrative of the appropriate levels but are not determinative of the actual skill levels (i.e., skill levels A, B or C) that may be contained in a Traineeship. The determination of the appropriate skill level for the purpose of determining the appropriate wage rate shall be based on the following criteria:
(i) any agreement of the parties, or submission by the parties;
(ii) the nature of the industry;
(iii) the total training plan;
(iv) recognition that training can be undertaken in stages;
(v) the exit skill level in the Parent Award contemplated by the traineeship.
In the event that the parties disagree with such determination, it shall be open to any party to the award to seek to have the matters in dispute determined by the Industrial Relations Commission of New South Wales.
(f) For the purposes this provision, "out of school" shall refer only to periods out of school beyond Year 10, and shall be deemed to:
(i) include any period of schooling beyond Year 10 which was not part of, nor contributed to, a completed year of schooling;
(ii) include any period during which a trainee repeats in whole or part a year of schooling beyond Year 10;
(iii) not include any period during a calendar year in which a year of schooling is completed; and
(iv) have effect on an anniversary date, being January 1 in each year.
Wages for Part-Time and School-Based Trainees
(g) This clause shall apply to trainees who undertake a traineeship on a part time basis by working less than full time ordinary hours and by undertaking the approved training at the same or lesser training time than a full-time trainee.
(h) Table 5 - Hourly Rates for Trainees Who Have Left School and Table 6 - Hourly Rates for School-based Traineeships of Part B, Monetary Rates are the hourly rates of pay where the training is either fully off-the-job or where 20% of time is spent in approved training. These rates are derived from a 38 hour week.
(i) The hours for which payment shall be made are determined as follows:
(i) Where the approved training for a traineeship (including a school based traineeship) is provided off-the-job by a registered training organisation, for example at school or at TAFE, these rates shall apply only to the total hours worked by the part time trainee on-the-job.
(ii) Where the approved training is undertaken on-the-job or in a combination of on-the-job and off-the-job, and the average proportion of time to be spent in approved training is 20% (ie. the same as for the equivalent full time traineeship):
(1) If the training is solely on-the-job, then the total hours on-the-job shall be multiplied by the applicable hourly rate, and then 20 per cent shall be deducted.
(2) If the training is partly on-the-job and partly off-the-job, then the total of all hours spent in work and training shall be multiplied by the applicable hourly rate, and then 20 per cent shall be deducted.
Note: 20 per cent is the average proportion of time spent in approved training which has been taken into account in setting the wage rates for most full time traineeships.
(iii) Where the normal full time weekly hours are not 38 the appropriate hourly rate may be obtained by multiplying the rate in the table by 38 and then dividing by the normal full time hours.
(j) For traineeships not covered by clause 8(b) above, the following formula for the calculation of wage rates shall apply:
The wage rate shall be pro rata the full time rates based on variation in the amount of training and/or the amount of work over the period of the traineeship which may also be varied on the basis of the following formula.
*Note:30.4 in the above formula represents 38 ordinary full time hours less the average training time for full time trainees (ie 20%). A pro rata adjustment will need to be made in the case where the Parent Award specifies different ordinary full time hours: for example where the ordinary weekly hours are 40, 30.4 will be replaced by 32.
(i) "Full time wage rate" means the appropriate rate as set out in Table 1 - Industry/Skill Level A, Table 2 - Industry/Skill Level B, Table 3 - Industry/Skill Level C and Table 4 - School Based Traineeships of Part B, Monetary Rates.
(ii) "Trainee hours" shall be the hours worked per week including the time spent in Structured Training. For the purposes of this definition the time spent in Structured Training may be taken as an average for that particular year of the Traineeship.
(iii) "Average weekly training time" is based upon the length of the traineeship specified in the traineeship agreement or training agreement as follows:
Note 1:7.6 in the above formula represents the average weekly training time for a full-time Trainee whose ordinary hours are 38 per week. A pro rata adjustment will need to be made in the case where the Parent Award specifies different ordinary time hours. For example, where the ordinary weekly hours are 40, 7.6 will be replaced by 8.
Note 2:The parties note that the Traineeship agreement will require a Trainee to be employed for sufficient hours to complete all requirements of the Traineeship, including the on the job work experience and demonstration of competencies. The parties also note that this would normally result in the equivalent of a full day's on the job work per week.
8. GRIEVANCE PROCEDURES
(a) Procedures relating to grievances of individual trainees:
(i) A trainee shall notify the employer as to the substance of any grievance and request a meeting with the employer for bilateral discussions in order to settle the grievance.
(ii) If no remedy to the trainee's grievance is found, then the trainee shall seek further discussions and attempt to resolve the grievance at a higher level of authority, where appropriate.
(iii) Reasonable time limits must be allowed for discussions at each level of authority.
(iv) At the conclusion of the discussions, the employer must provide a response to the trainee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy. At this stage an employer or a trainee may involve an industrial organisation of employers or employees of which the Trainee is a member.
(v) If no resolution of the trainee's grievance can be found, then:
(1) if the dispute relates to issues of training then the matter may be referred to the NSW Commissioner for Vocational Training in accordance with the Industrial and Commercial Training Act 1989; or
(2) if the dispute relates to industrial issues then the matter may be referred to the Industrial Relations Commission of New South Wales by either the employer, an industrial organisation of employers or a union representing the Trainee.
(vi) While this grievance procedure is being followed, normal work shall continue.
(b) Procedures relating to disputes, etc., between employers and their Trainees -
(i) A question, dispute or difficulty must initially be dealt with at the workplace level where the problem has arisen. If the problem cannot be resolved at this level, the matter shall be referred to a higher level of authority.
(ii) If no resolution can be found to the question, dispute or difficulty, the matter may be referred to the Industrial Relations Commission by any party to the dispute or the industrial organisation representing any of the parties to the dispute.
(iii) Reasonable time limits must be allowed for discussion at each level of authority.
(iv) While a procedure is being followed, normal work must continue.
(v) The employer may be represented by an industrial organisation of employers and the trainees may be represented by an industrial organisation of employees for the purpose of each procedure.
9. AREA, INCIDENCE AND DURATION
(i) It is the intention of this Award that it shall only apply where there are declared traineeships (as defined) in place. This award shall apply to all classes of trainees who would ordinarily be covered by any Parent Award made by the Industrial Relations Commission of New South Wales, excluding the County of Yancowinna, other than:
(a) (a) Trainees within the scope of Awards to which the following unions are a principal party: Transport Workers Union of Australia, NSW Branch, the National Union of Workers (NSW Branch), the Australasian Meat Industry Employees Union NSW Branch, the Australasian Meat Industry Employees Union (Newcastle and Northern Branch), the Shop, Distributive and Allied Employees Association NSW and the Shop Assistants and Warehouse Employees Federation of Australia, Newcastle and Northern New South Wales.
(b) (b) Trainees engaged within the scope of any Training Wage Awards or Parent Awards with training wage provisions which are in line with this Award, including but not limited to the following Awards;
AWU Training Wage (State) Award Coachmakers and Road and Perambulator Manufacturers (State) Award Confectioners (State) Training Wage Award Clerical Industry (State) Training Wage Award Metal Trades (State) (Training Wage) Award Nurses' (Private Sector) Training Wage (State) Award Private Hospitals Aged Care and Disability Services Industry (Training) (State) Award Rural Traineeships (State) Consolidated Award 1999 Theatrical Employees (State) Training Wage Award Sawmillers and c. (State) Award School Support Staff (Catholic Schools) (State) Training Wage Award
(c) (c) Trainees engaged within the scope of any Award which refers to the National Training Wage Award, including but not limited to the following Awards;
Motels, Accommodation and Resorts (State) Award Food Preservers (State) Award Printing Industries (State) Award Ice Cream Makers (State) Award
(d) (d) Trainees engaged in the building and construction industry within the scope of coverage of the Construction Forestry Mining and Energy Union (NSW Branch) will have their conditions and rates of pay determined in accordance with clause 39.3 of the National Building and Construction Industry Award 2000 as varied.
(e) (e) Trainees engaged within the scope of any Enterprise or Project Award;
(f) (f) Trainees whose employment falls within the Area, Incidence and Duration of the following Awards, on the basis that leave is reserved for the parties to make application for their inclusion in this Award in the future;
Animal Welfare, General (State) Award Animal Welfare, Institutional (State) Award Bread Industry (State) Award Canteen Workers (State) Award Caterers Employees (State) Award Cleaning and Building Service Contractors (State) Award Clothing Trades (State) Award Club Employees (State) Award Dairying Industry (State) Award Furniture and Furnishing Trades (State) Award Gelatine and Glue Industry (State) Award Health Fitness and Indoor Sports Centre (State) Award Hotel Employees (State) Award Miscellaneous Workers - Home Care Industry (State) Award Miscellaneous Workers Kindergartens and Childcare Centres Traineeship (State) Award Paint and Varnish Makers (State) Award Photographic Industry (State) Award Private Pathology Laboratories (State) Award Real Estate Industry (State) Training Wage Award Recorded Music and Visual Entertainment Reproduction (State) Award Restaurant Employees (State) Award Security Industry (State) Award
(g) (g) Trainees employed under State Public Sector industrial instruments, including but not limited to areas of rail, bus, police, energy, fire, teaching and health and trainees covered by the Crown Employees (Public Service Training Wage) Award 2000 and the Public Hospital (Training Wage) (State) Award.
(h) (h) Trainees employed by entities established and defined under the Local Government Act 1993, including all trainees employed under the terms of the Local Government (State) Award and its successors.
(ii) The Parent Awards to which this interim award applies includes, but is not limited to, the following : Aerated Waters, &c. (State) Award Breweries (State) Award Breweries, Maintenance Employees (State) Award Cement Industry (State) Consolidated Award Cement Mixers and Concrete Workers, Central Batch Plants (State) Consolidated Award Cemetery and Crematoria Employees (State) Award Clerical and Administrative Employees in Temporary Employment Services (State) Award Club Managers' (State) Award 1999 Corks and Cork Products Manufacture (State) Award Dental Assistants and Secretaries (State) Award Dental Technicians (State) Award Dental Therapists (State) Award Dry Cleaning (State) Award Electrical, Electronic and Communications Contracting Industry (State) Award Engine Drivers, &c., General (State) Award Entertainment and Broadcasting Industry --- Live Theatre and Concert (State) Award Footwear Manufacturing Industry (State) Award Friction Materials, &c., Manufacture (State) Award Funeral Industries (State) Award General Construction and Maintenance, Civil and Mechanical Engineering, &c. (State) Award Glass Makers (State) Award Maintenance and Outdoor Staff (Catholic Schools) (State) Award Maintenance, Outdoor and Other Staff (Independent Schools) (State) Award Malthouses (State) Award Margarine Makers (State) Award Miscellaneous Gardeners, &c. (State) Award Miscellaneous Workers' - General Services (State) Award Motor Boats and Small Tugs (State) Award Motor Bus Drivers and Conductors (State) Award Motor Ferries (State) Award Musicians' (Live Performance) (State) Consolidated Award Musicians' (Multi Media) (State) Consolidated Award Parking Attendants, &c. (State) Consolidated Award Plant, &c., Operators on Construction (State) Award Plastic Moulding, &c. (State) Award Pyrotechnics, &c. (State) Award Quarrying Industry (State) Award Racecourse Totalisators (State) Award Ski Instructors (State) Award Supervisors, Breweries (State) Award Surveyors' Field Hands (State) Award Textile Industry (State) Award Vegetable Oils, &c., Employees (State) Award Wire Drawn Ferries (State) Award
(iii) This interim award shall take effect from the beginning of the first pay period to commence on or after 24 December, 2001 and shall have a nominal term of twelve months.
PART B
MONETARY RATES
Table 1 - Weekly Rates - Industry/Skill Level A
Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill Level A.
The average proportion of time spent in Structured Training which has been taken into account in setting the above rates is 20 per cent.
Table 2 - Weekly Rates - Industry/Skill Level B
Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill Level B.
The average proportion of time spent in Structured Training which has been taken into account in setting the above rates is 20 per cent.
Table 3 - Weekly Rates - Industry/Skill Level C
Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill Level C.
The average proportion of time spent in Structured Training which has been taken into account in setting the above rates is 20 per cent.
Table 4 - School-Based Traineeships
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