Local Government (State) Award 2004

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Local Government Association of New South Wales, Industrial Organisation of Employers.

 

(No. IRC 3654 of 2006)

 

 

VARIATION

 

1.          Insert a new subclause (D) School Based Apprentices, in clause 24, Junior and Trainee Employment, of the award published 22 April 2005 (350 I.G. 471), and reletter the existing subclause (D) to read as (E).

 

(D)       School Based Apprentices

 

(i)         The object of Part D of this clause is to assist persons who are undertaking an apprenticeship under a training contract while also enrolled in the Higher School Certificate.  Such school based apprenticeships are undertaken at a minimum Certificate III Australian Qualifications Framework (AQF) qualification level as specified in the relevant Vocational Training Order pursuant to the Apprenticeship and Traineeship Act 2001 (NSW).

 

(ii)        The hourly rate for school based apprentices for total hours worked including time deemed to be spent in off-the job training shall be calculated by dividing the applicable weekly rate for full time apprentices as set out in Band 1/Level 1 by 38 or 35 in accordance with clause 16, Hours of Work.

 

(iii)       For the purpose of subclause (ii), where a school based apprentice is a full time school student, the time spent in off-the-job training for which the school based apprentice is paid is deemed to be 25 per cent of the actual hours worked on-the-job each week.  The wages paid for training time may be averaged over the school term or year.

 

(iv)       School based apprentices progress through the rates of pay set out in Band 1/Level 1 subject to successful completion of appropriate training modules and satisfactory service.

 

(v)        Except as provided by this award, school based apprentices are entitled to pro rata entitlements of all other conditions of employment.

 

2.          Delete subclause (iii) of clause 39, Leave Reserved and insert in lieu thereof the following:

 

(iii)       Leave is reserved for the parties to the award to apply to vary the traineeship wage rates in clause 24E (xvi) in accordance with movements in the National Training Award.

 

3.          Insert after subclause (xvi) of clause 40, Area, Incidence and Duration, the following new subclause:

 

(xvii)    Variations to clause 24D School Based Apprentices, and Part E, Government Funded Traineeships shall be effective from the first pay period commencing on or after 1 January 2007.

 

4           This variation shall take effect on and from 1 January 2007.

 

 

 

F. L. WRIGHT J , President

 

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Printed by the authority of the Industrial Registrar.