PLASTIC MOULDING, &c. (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by the Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, industrial organisation of employees.

 

(No. IRC 1433 of 2002)

 

 

VARIATION

 

1.          Insert after subclause (ii) of clause 2, Definitions, of the award published 2 November 2001 (329 I.G. 83), as varied the following new subclauses (iii) and (iv):

 

(iii)       "Adult Apprentice" means a person of 21 years of age or over at the time of entering into a Training Contract.

 

(iv)       "Apprenticeship Authority" shall mean the Commissioner for Vocational Training appointed under the Apprenticeship and Traineeship Act 2001, the Vocational Training Board constituted under the Act, or the Industrial Relations Commission formed under the Industrial Relations Act 1996.

 

2.          Insert after subclause (iv) of clause 4, Classifications, the following new subclause (v):

 

(v)        A Plastics Worker Grade 5 is equivalent to a Metal, Engineering and Associated Industries Award 1998 Part 1 as follows:

 

Wage Group: C10

An Engineering Tradesperson - Level I

(Proposed Relativity to C10 100%)

 

A Plastics Worker Grade 5 is an employee who has successfully completed a Plastics Industry Apprenticeship as set out in his/her Training Contract and is able to exercise the skills and knowledge of the trade so as to enable the employee to perform work within the scope of this level.  An engineering Tradesperson - Level I works above and beyond an employee at C11 and to the level of his/her skills, competence and training.

 

(a)        Understands and applies quality control techniques;

 

(b)       Exercises good interpersonal and communication skills;

 

(c)        Exercises keyboard skills at a level higher than C11;

 

(d)       Excercises discretion within the scope of this classification level;

 

(e)        Performs work under limited supervision either individually or in a team environment;

 

(f)        Operates lifting equipment incidental to his/her work;

 

(g)       Performs non-trade tasks incidental to his/her work;

 

(h)       Performs work which while primarily involving the skills of the employee's trade is incidental or peripheral to the primary task and facilitates the completion of the whole task.  Such incidental or peripheral work would not require additional formal technical training;

 

(i)         Inspects products and/or materials for conformity with established operational standards.

 

(j)         May be required to assist in the training of apprentices and trainees.

 

3.          Insert after subclause (iii) of clause 5, Wages, the following new subclauses (iv) and (v):

 

(iv)       Apprentices

 

(a)        The minimum rate of pay of an apprentice shall be the following:

 

Year of Apprenticeship	% of Plastics Worker Grade 5
First	42
Second	55
Third	75
Fourth	88

 

(b)       An employee who is under 21 years of age on completion of his/her apprenticeship and thereafter works in the occupation to which he/she has been apprenticed shall be paid at not less than the adult rate prescribed for that classification.

 

(v)        Adult Apprentices

 

Subject to subclause 26(ii) of this award, the minimum rate of pay of an adult apprentice (as defined) shall be the following:

 

Year of Apprenticeship	% of Plastics Worker Grade 5
First	74.5
Second	81.5
Third	84.8
Fourth	89.2

 

4.          Delete clause 26, Traineeships, and insert in lieu thereof the following:

 

26.  Apprentices

 

(i)

 

(a)        The terms of the Apprenticeship and Traineeship Act 2001 and this award will apply to apprentices (including adult apprentices, as defined) except where it is otherwise stated or where special provisions are stated to apply.  Apprentices may be engaged in trades or occupations provided for in this clause where declared or recognised by an Apprenticeship Authority.  The following provisions shall apply to apprentices:

 

(b)        The period of apprenticeship shall be four years.

 

(c)        The period may be varied with the approval of the apprenticeship authority provided that any credits granted shall be counted as part of the apprenticeship for the purpose of wage progression under clause 5 (iv).

 

(d)        Further, the period may be varied to such other period as is approved by the apprenticeship authority on the basis of an approved competency based training programme.

 

(e)        The wage rates mentioned in clause 5(iv) may be varied with the approval of the relevant parties to this award according to the apprentice affected, and the relevant apprenticeship authority to allow for progression between wage levels based on the gaining of agreed competencies and/or modules instead of the year of the apprenticeships.  For example, the appropriate proportion of the minimum training requirement associated with the year of the apprenticeship could only be used to identify progression from one percentage rate to the next.

 

(f)         Apprentices shall be supervised in accordance with the requirements of the Apprenticeship and Traineeship Act 2001.

 

(ii)        Adult Apprentices

 

(a)        Where a person was employed by an employer under this award immediately prior to becoming an adult apprentice (as defined) with that employer, such person shall not suffer a reduction in the rate of pay by virtue of becoming indentured.

 

(b)        For the purpose only of fixing a rate of pay the adult apprentice (as defined) shall continue to receive the rate of pay that applies to the classification or class of work specified in Table 1 of Part B - Monetary rates of this award in which the adult apprentice (as defined) was engaged immediately prior to entering into the contract of indenture.

 

(iii)       Trainees

 

(a)        The parties to this award shall observe the terms of the Training Wage Interim (State) Award or any successor to that award.

 

(b)        With the approval of the relevant apprenticeship authority, and subject to subclauses 26(i)(c) and 26(i)(d) of this clause, employees may transfer from a traineeship program to an apprenticeship program under this award.

 

5.          Delete Adult Employees, in Table 1, Wages, of Part B, Monetary Rates, and insert in lieu thereof the following:

 

Adult Employees

 

	Weekly Rates for Full-time Employees
Classification	Former Rate Per Week	SWC 2002 Per Week	Total Rate Per Week
	$	$	$
Plastics Worker
Grade 1	413.40	18.00	431.40
Grade 2	430.10	18.00	448.10
Grade 3	452.60	18.00	470.60
Grade 4	473.50	18.00	491.50
Grade 5	NA	NA	525.20*

 

* Plastics Worker Grade 5 is a new classification which takes effect on the first pay period to commence on or after 4 December 2002.

 

6.          This variation shall take effect from the first full pay period to commence on or after 4 December 2002.

 

 

T. M. KAVANAGH  J.

 

 

 

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Printed by the authority of the Industrial Registrar.