Glass
Makers (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Construction,
Forestry, Mining and Energy Union (New South Wales Branch) , Industrial
Organisation of Employees.
(No. IRC 67 of 2007)
Before The Honourable
Justice Staunton
|
24 January 2007
|
VARIATION
1. Insert after
subclause (6) of clause 6, Apprentices of the award published 22 June 2001 (325
I.G. 719) the following new subclause:
(7) School Based
Apprentices
School based apprentice is as employee who is
undertaking an apprenticeship, declared or recognised by the State Training
Authority, under a training contract while also enrolled in the Higher School
Certificate. The school based apprenticeship may commence upon the completion
of Year 10 School Certificate exams. 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.
i. Progression
through Wage Structure
(a) School based
apprentices progress through the wage scale at the rate of 12 months’
progression for each two years of employment as an apprentice, provided that
such apprentice satisfies the requirements of the Vocational Training Order
issued by the NSW Department of Education and Training (DET) relevant to the
trade being undertaken by the school based apprentice.
(b) The rates of
pay are based on a standard apprenticeship of four years (unless the
apprenticeship is of three years duration). The rate of progression reflects
the average rate of skill acquisition expected from the typical combination of
work and training for a school based apprentice undertaking the applicable
apprenticeship.
ii. Conversion
from a school based to a full time apprenticeship
Where an apprentice converts from a school based to a
full-time apprenticeship, all time spent as a full-time apprentice counts for
the purpose of progression through the wage scale set out in this Award. This
progression applies in addition to the progression achieved as a school based
apprentice.
iii. Conditions
of Employment
Except as provided by this award, school based
apprentices are entitled to pro-rata entitlements and all other conditions of
employment contained in this Award.
(a) The school
based apprentice shall be allowed, over the duration of the apprenticeship, the
same amount of time to attend off-the-job training as an equivalent full-time
apprentice.
(b) For the
purposes of this sub-clause, off-the-job training is structured training
delivered by a Registered Training Organisation separate from normal work
duties or general supervised practice undertaken on the job.
(c) The duration
of the apprenticeship shall be as specified in the training agreement or
contract for each apprentice. The period so specified to which the apprentice
wage rates apply shall not exceed 6 years.
iv. Disputes and
Disciplinary Matters
The Settlement of Dispute provisions of the Award,
subject to the provisions of the Apprenticeship and Traineeship Act 2001,
shall apply for the resolution of disputes and disciplinary matters. This means
that in the event that a dispute cannot be resolved at the enterprise level in
accordance with the Settlement of Dispute provisions of the Award, it will be
first referred to the Vocational Training Tribunal in accordance with the Apprenticeship
and Traineeship Act 2001. Then if necessary it will be referred to the
Industrial Relations Commission of NSW.
v. Rate of Pay
for school based apprentice
(a) The hourly
rates for full time apprentices as set out in this Award shall apply to school
based apprentices for total hours worked including time deemed to be spent
off-the-job Training.
(b) For the purposes
of subclause (a) of this clause, 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.
(c) Where this
Award specifies a weekly rate for full time apprentices the hourly rate shall
be calculated by dividing the applicable weekly rate by 38.
vi. Leave Reserved
Leave is reserved to the parties to apply to amend
subclause 6(7) if a Vocational Training Order relevant to the trade of a School
based apprentice is amended without the agreement of the award parties.
2. Delete the
first sentence in subclause (9) of clause 49 Apprentices, and insert in lieu
thereof the following:
(9) Each
apprentice including school based apprentices shall make application for, and
the employer shall provide the following tools:
3. This
variation shall take effect from the beginning of the first pay period to
commence on or after 24 January 2007.
P.J.
STAUNTON J
____________________
Printed by
the authority of the Industrial Registrar.