MISCELLANEOUS WORKERS'
KINDERGARTENS AND CHILD CARE CENTRES (STATE) TRAINING WAGE AWARD
award
REPRINT
This
reprint of the abovementioned award is published by the authority of the
Industrial Registrar under section 390 of the Industrial Relations Act
1996, and under Rule 6.6 of the Industrial Relations Commission Rules
2009.
I
certify that the form of this reprint, incorporating the variations set out in
the schedule, is correct as at the latest date of effect therein mentioned.
G.
M. GRIMSON Industrial Registrar.
Schedule of Award and
Variations Incorporated
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Clause
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Award/
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Date of
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Date of Taking Effect
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Industrial Gazette
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Variation
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Publication
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Serial No.
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Vol.
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Page
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Award
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C0803
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08/02/2002
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On and from 12/06/2001
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331
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86
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8(d), Part B
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C0843
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25/01/2002
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First full pay period on and from
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330
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1254
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28/08/2001, then 10/11/2001
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8(d) & Part B
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C1880
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04/07/2003
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First full pay period on or after 30/01/2003
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340
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321
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8(d) & Part B
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C2493
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16/04/2004
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First full pay period on or after 30/01/2004
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344
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83
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4, 5, 6, 9
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C3202
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29/04/2005
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On 30/08/2004
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350
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794
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8, Part B
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C3666
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22/07/2005
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First full pay period on or after 01/04/2005
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352
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778
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8, Part B
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C5392
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09/03/2007
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First full pay period on or after 04/02/2007
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362
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247
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2, 4, 10
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C6363
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15/02/2008
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On and from 30/11/2007
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364
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1383
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8, Part B
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C7380
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26/02/2010
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First full pay period on or after 23/12/2009,
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369
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1482
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then 23/04/2010, then 23/8/2010, then
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23/12/2010
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8, Part B
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C7635
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02/09/2011
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First full pay period on or after 16/12/2010
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371
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652
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Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Application
3. Objective
4. Definitions
5. Training
Conditions
6. Employment
Conditions
7. Co-operation
8. Wages
9. Grievance
Procedures
10. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Weekly Wage Rates - Industry/Skill Level B
APPENDIX A - INDUSTRY SKILL LEVELS
PART A
1. Title
This award shall be known as the Miscellaneous Workers’
Kindergartens and Child Care Centres (State) Training Wage Award.
2. Application
(a) Subject to
subclause (c) of this clause this award shall apply to persons who are
undertaking a traineeship (as defined) and is to be read in conjunction with
the Miscellaneous Workers Kindergartens and Childcare Centres (State) Award 2006,
as varied.
(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 terms and
conditions of the parent award 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 union.
(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 of a system of traineeships which provides structured 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.
A further objective of this award is to ensure training
and the maintenance of job security in the industry generally.
4. Definitions
Structured Training means that training which is
specified in the Training Plan which is part of the Training Contract
registered with the relevant NSW Training Authority. It includes training undertaken both on and off-the-job in a
traineeship scheme 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 the Miscellaneous
Workers Kindergartens and Child Care Centres (State) Award 2006.
Trainee is an individual who is a signatory to a
training contract registered with the relevant NSW Training Authority and is
involved in paid work and structured training which may be on or off the job.
Traineeship means a system of training which has been
approved by the relevant NSW Training Authority.
"Training Contract" means a contract entered
into for the purpose of establishing a Traineeship under the Apprenticeship
and Traineeship Act 2001.
Training Plan means a programme of training which forms
part of a Training contract registered with the Relevant NSW Training Authority.
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 structured training course or training program prescribed in
the Training contract 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 contract, 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 contract and shall ensure that the Trainee
receives the appropriate on-the-job training.
(d) The employer
shall provide supervision of the Trainee by a designated qualified member of
staff (the workplace supervisor), who is required to have an early childhood
qualification of Diploma of Social Science (Child Studies) or equivalent or
higher. The workplace supervisor shall
be provided with appropriate non-contact time during working hours each week to
allow the workplace supervisor to undertake evaluation of the Trainee and to do
record keeping. The role of the
workplace supervisor is to supervise the conduct of the Trainee in the
workplace, to coach the Trainee so that they maximise their learning opportunities
and assist in assessing the Trainee’s skills.
(e) The employer
agrees that the overall training program will be monitored by officers of the
Relevant NSW Training Authority and that training 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 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 3 or above.
6. Employment
Conditions
(a) A Trainee
shall be engaged as a full-time employee for a maximum of one year's duration.
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 structured 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 contract, earlier than the
time specified in the Training contract then the traineeship may be concluded
by mutual agreement.
(d) A Traineeship
shall not be terminated before it’s conclusion, except in accordance with the Apprenticeship
and Traineeship Act 2001. (Note: s 22 of the Apprenticeship and
Traineeship Act 2001 provides that a traineeship may be cancelled by
consent of the employer and of the
trainee.)
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 continuity of
employment and/or wages to attend the structured training in accordance with
the Training Contract.
(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) The Traineeship
Agreement may restrict the circumstances under which the Trainee may work
overtime and shift work in order to ensure the training program is successfully
completed.
(ii) No Trainee shall
work overtime or shift work 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-shift work
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.
(j) The maximum
number of approved Trainees in any centre will be based on the registered
number of child care places as shown below:
centres up to 25 places - 1 trainee
centres up to 26-44 places - up to 2 trainees
centres up to 45-60 places - up to 3 trainees
centres up to 60 places - up to 4 trainees
(k) NOTATION: The right of entry provisions contained in
the parent award or the Industrial Relations Act 1996 shall apply to the
parties bound by this award.
7. Co-operation
(a) The parties
recognise the role of the Union in working with the children’s services
industry to develop the Traineeship Award.
(b) The opportunity
must be provided for open communication between the trainee, training provider
and employer.
8. Wages
(a) The weekly wages
payable to full time trainees are as provided in Table 1 - Industry/Skill Level
B, of Part B, Monetary Rates
(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) The rates of pay
in this award include the adjustments payable under the State Wage Case
2010. These adjustments may be offset
against:
(i) Any equivalent
over-award payments, and/or
(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
scheme. The determination of the
appropriate skill level for the purpose of determining the appropriate wage
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.
9. 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
with the employer, the employer’s industrial representative and the Union
delegate (if any) or contact 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:
(i) 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 Apprenticeship
and Traineeship Act 2001; or
(ii) 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 for discussion between
the affected trainee(s), the Union delegate (if any) or contact and the
employer. Both the employer’s
industrial representative and the employee’s Union representative may be
notified.
(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.
10. Area, Incidence
and Duration
This award replaces the Miscellaneous Workers NSW Child
Care Traineeship (Interim) Award published 11 June 1999 (309 I.G. 744), and all
variations thereof. The award published
11 June 1999 rescinded and replaced the award published on 23 August 1996 (294
IG 557).
It shall apply to all persons of the classes herein
provided for within the jurisdiction of the Kindergartens &c., (State)
Industrial Committee.
The changes made to the award pursuant to the Award
Review pursuant to section 19(6) of the Industrial Relations Act 1996
and Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take
effect on and from 30 November 2007.
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
PART B
MONETARY RATES
Table 1 - Weekly Wage Rates - Industry/Skill Level B
Where the accredited training course and work performed
is for the purpose of generating skills which have been defined for work at
Skill Level B.
Effective from the beginning of the first full pay
period on or after 16 December 2010.
|
|
SWC Adjustment 2009
(2.8%)
|
SWC Adjustment 2010
(4.25%)
|
|
|
Highest Year of
Schooling
Completed 2009
|
Highest Year of
Schooling
Completed 2010
|
|
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Year 10
|
Year 11
|
Year 12
|
Year 10
|
Year 11
|
Year 12
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School Leaver
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253.00
|
279.00
|
324.00
|
264.00
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291.00
|
338.00
|
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Plus 1 year out of school
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279.00
|
324.00
|
373.00
|
291.00
|
338.00
|
389.00
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|
Plus 2 years
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324.00
|
373.00
|
438.00
|
338.00
|
389.00
|
457.00
|
|
Plus 3 years
|
373.00
|
438.00
|
500.00
|
389.00
|
457.00
|
521.00
|
|
Plus 4 years
|
438.00
|
500.00
|
|
457.00
|
521.00
|
|
|
Plus 5 years or more
|
500.00
|
|
|
521.00
|
|
|
The average proportion of time spent in structured
training taken into account in setting the above rates is 20%
APPENDIX A - INDUSTRY SKILL LEVELS
Industry/Skill Level A:
Child Care Worker
Child Care (NSW)
Child Care (Local Government)
Industry/Skill Level B:
Child Care
____________________
Printed by the authority of the Industrial Registrar.