(570)

SERIAL C0425

 

RACE CLUBS EMPLOYEES (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC5842 of 1999 and 1220 and 1221 of 2001)

 

Before Mr Deputy President Sams

12 and 18 April 2001

 

REVIEWED AWARD

 

 

PART A

 

1.  Arrangement

 

PART A

 

Clause No.            Subject Matter

 

1.                      Arrangement

2.                      Arbitrated Safety Net Adjustment

3.                      Wages and Allowances

4.                      Career Paths, Labour Flexibility and Training

5.                      Part-time Employees

6.                      Casual Employees

7.                      Hours

8.                      Facilitation of Introduction of 38-Hour week

9.                      Rostered Days Off

10.                    Overtime

11.                    Holidays

12.                    Working in the Rain

13.                    Change and Meal Room

14.                    Meal Breaks and Rest Pauses

15.                    Annual Leave

16.                    Annual Leave Loading

17.                    Sick Leave

18.                    Long Service Leave

19.                    Contract of Employment

20.                    Payment of Wages

21.                    Mixed Functions

22.                    First-aid

23.                    Tools

24.                    Bereavement Leave

25.                    Sanitary Accommodation

26.                    Recall to Work

27.                    Reporting for Duty

28.                    Jury Service

29.                    Grievance and Disputes Procedure

30.                    Personal/Carer's Leave

31.                    Superannuation

32.                    Redundancy

33.                    Anti-Discrimination

34.                    Training Wage

35.                    Enterprise Arrangements

36.                    Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Wages

Table 2 - Other Rates and Allowances

 

PART C

 

Tables 1(a), 2(a) and 3(a) - Industry/Skill Level A

Tables 1(b), 2(b) and 3(b) - Industry/Skill Level B

Tables 1(c), 2(c) and 3(c) - Industry/Skill Level C

Tables 1(d), 2(d) and 3(d) - School Based Traineeships

Tables 1(e), 2(e) and 3(e) - Hourly Rates for Trainees who have Left School

Tables 1(f), 2(f) and 3(f) - Hourly Rates for School-Based Traineeships

 

APPENDIX A

 

Industry/Skill Levels

 

2.  Arbitrated Safety Net Adjustment

 

(1)        The rates of pay in this award include adjustments payable under the State Wage Case 2000.  These adjustments may be offset against:

 

(a)        any equivalent overaward payments;  and/or

 

(b)        award wage increases since 29 May 1991 other than safety net adjustments, State Wage Case and minimum rates adjustments.

 

3.  Wages and Allowances

 

(1)        Wages - The minimum rates to be paid to adult employees shall be as set out in Table 1 - Rates of Wages, of Part B, Monetary Rates.

 

(2)        Allowances -

 

(a)        An employee, other than a plant operator, required to use a scythe or to operate a power mower shall be paid the amount as set out in Item 1 of Table 2 - Other Rates and Allowances, of the said Part B, for each day or part of a day that the employee is so engaged.

 

(b)        An employee, other than a plant operator, required to operate a tractor with or without attachments and/or a front end loader shall be paid the amount as set out in Item 2 of the said Table 2 for each day or part of a day that the employee is so engaged.

 

(c)        Employees required to use pesticides, weedicides or poisonous sprays shall be paid an amount per day as set out in Item 3 of the said Table 2 and shall be provided with such protective clothing and equipment as is recommended by the manufacturer's specifications.  However, no employee shall be required to use pesticides, weedicides or poisonous sprays unless that employee has been given instructions on their safe handling and use.

 

(d)        An employee appointed by the employer to perform first-aid duties shall be paid the amount as set out in Item 4 of the said Table 2 in addition to the ordinary rate of pay.

 

(e)        Meal Allowance -

 

(i)         An employee required to work overtime in excess of one hour, without being notified the day before of a requirement to work overtime, shall either be provided with a meal by the employer or paid the amount as set out in Item 5 of the said Table 2 and the same amount for each subsequent meal.

 

(ii)        If an employee, pursuant to notice, has provided a meal and is not required to work overtime, the employee shall be paid the amount as set out in the said Item 5.

 

(f)         A Race Club Employee 5 or a Race Club Employee 6 who is required by an employer to handle horses shall be paid an amount as set out in Item 6 of the said Table 2 for each day or part thereof while the employee is so engaged.

 

4.  Career Paths, Labour Flexibility and Training

 

(1)        Career Paths -

 

(a)        Race Club Employee Career Path -

 

Race Club Employee 1 (110%) - track foreperson, foreperson gardener.

 

Race Club Employee 2 (100%) - holder of a Trade Certificate relevant to the work being performed.

 

Race Club Employee 3 (92.4%) - leading hand gardener, leading hand (track and maintenance).          

 

Race Club Employee 4 (89%) - propagator, track crossing attendant.

 

Race Club Employee 5 (86%) - gardener (i.e., any employee performing work or maintenance work on trees, shrubs, flower plants, etc., trimming hedges, pruning and planting of beds, preparation of sprays and use thereof and laying out of lawns) without trade qualifications, general track or maintenance hand, fettler.

 

Race Club Employee 6 (82%) - general labourer, cleaner, employee not elsewhere classified.

 

Race Club Employee 7 (78%) - employee undertaking up to three months on-the-job training with the employer.

 

(b)        Plant Operator Career Path -

 

Plant Operator 1 (92.4%) - an employee principally employed to operate plant and who is qualified, capable and is required to operate a grader over 80 h.p., in addition to the plant driven by Operator 2.

 

Plant Operator 2 (87.4%) - an employee principally employed to operate plant and who is qualified, capable and is required to operate all the specialised mechanical plant used by the employer (except a grader over 80 h.p.), in addition to tractors and front end loaders with or without attachments.

 

Such specialised mechanical plant may include backhoes, dedicated power sweepers, power harrow and similar plant.

 

(2)        Labour Flexibility - For the purpose of increasing productivity and flexibility, as well as enhancing opportunities for employees:

 

(a)        Employees shall perform all work and operate all equipment within the classification in which they are employed and those of lower classifications.

 

(b)        Employees shall perform all work which is incidental or peripheral to the duties of their classification, including the operation and routine maintenance of all mechanical equipment.

 

(c)        Employees shall not impose or continue to enforce demarcation barriers on the tasks they are to perform (provided such tasks are within the skills and competence of the employees concerned).

 

(d)        Employees shall take all reasonable steps to achieve quality, accuracy and completion of any job or task assigned by the employer.

 

(3)        Training -

 

(a)        The parties to this award recognise that in order to increase the efficiency, productivity and competitiveness of the industry, a greater commitment to training is required.  For this purpose the parties agree that at each club a consultative mechanism and procedure appropriate to the size, structure and needs of the club may be established in order to process any issues and/or matter that may arise in relation to training.

 

Accordingly, the parties commit themselves to:

 

(i)         Maintain and develop an appropriately skilled and flexible workforce.

 

(ii)        Provide the opportunity for career development consistent with the needs of the individual course.

 

(iii)       Removing barriers to the utilisation of skills acquired.

 

(iv)       The parties will consider the need for leave to be provided to employees undertaking external training courses during working hours.

 

(b)        An employer may develop a training program consistent with:

 

(i)         The current and future training needs of the club.

 

(ii)        The size, structure and nature of the operation of the club.

 

(iii)       The need to develop vocational skills relevant to the enterprise through internal courses or courses conducted by accredited providers.

 

5.  Part-time Employees

 

(1)        A part-time employee shall mean a weekly employee who is employed to work less than an average of 38 hours per week over a four-week cycle.

 

(2)        A part-time employee shall be paid for a minimum of four hours for each engagement.

 

(3)        Notwithstanding anything elsewhere contained in this award, the provisions of this award with respect to annual leave, annual leave loading, sick leave, jury service, bereavement leave, personal/carer's leave and holidays shall apply to part-time employees on a pro rata basis for each employee in proportion to the normal ordinary hours worked by full-time employees.

 

(4)        The hourly rate for a part-time employee shall be calculated by dividing the appropriate weekly rate as set out in Table 1 - Rates of Wages, of Part B, Monetary Rates, by 38.

 

(5)        Notwithstanding the above, at the Australian Jockey Club and Sydney Turf Club, part-time employee means a weekly employee who is employed to work between 12 and 32 hours per week for a period of not less than one month and not more than one year.

 

6.  Casual Employees

 

(1)        A casual employee shall mean an employee engaged by the hour.

 

(2)        The hourly rate for a casual employee shall be calculated by dividing the appropriate weekly rate as set out in Table 1 - Rates of Wages, of Part B, Monetary Rates, by 38, plus 15 per cent.

 

NOTATION:  A casual employee is also entitled to be paid 1/12 of ordinary earnings as an annual holiday entitlement in accordance with the Annual Holidays Act 1944.

 

(3)        A casual employee shall be paid for a minimum of three and a half hours for each engagement on a race meeting and a minimum of four hours on other days.

 

(4)        A casual employee who is required to work on weekends shall be paid the following rate for work performed on the weekend, in addition to the casual hourly rate set out in subclause (2) of this clause:

 

(a)        For work performed on a Saturday - a loading of 25 per cent.

 

(b)        For work performed on a Sunday - a loading of 75 per cent.

 

7.  Hours

 

(1)        The ordinary hours of work shall not exceed an average of 38 per week over a four-week cycle.  Notwithstanding this flexibility no employee shall be required to work more than one shift per day.  Where two shifts per day are to be worked, it must be by agreement and within the span of ordinary hours.  In any shift arrangement, safety considerations should be paramount.

 

(2)        The ordinary hours may be worked up to a maximum of ten hours per day and are to be rostered on a maximum of five days per week, with two consecutive days off per week.

 

(3)        Ordinary hours shall be worked:

 

(a)        Between the hours of 7.30 a.m. and 6.00 p.m.  By agreement between the employer and employee(s), ordinary hours can commence at 7.00 a.m.

 

(b)        Between the hours of 4.00 a.m. and 6.00 p.m. for track crossing attendants.  However they be allowed 30 minutes for breakfast, such thirty minutes to be counted as ordinary working time.

 

(c)        Up to 11.00 p.m. where the employer conducts a greyhound or harness racing fixture on an evening.

 

(d)        On a Saturday and/or Sunday where the employer conducts a fixture or fixtures on a Saturday or Sunday.  For the purposes of this subclause, a "fixture" means an authorised race meeting, agricultural show, fair or gymkhana or any other event where prior consent is achieved between the employer and the union or the majority of employees.

 

NOTATION:  See the savings provision set out in subclause (6) of this clause.

 

(4)        An employer shall pay the following penalty payments for ordinary hours worked on nights or weekends in accordance with subclause (3) of this clause:

 

(a)        For ordinary hours worked on a Saturday - a loading of 25 per cent.

 

(b)        For ordinary hours worked on a Sunday - a loading of 75 per cent.

 

(c)        For ordinary hours worked after 6.00 p.m. and up to 11.00 p.m. - an extra loading of 15 per cent in addition to the appropriate loading for the day.

 

NOTATION:  The penalties outlined above apply for ordinary hours.  Where an employee is required to work overtime on a Saturday, Sunday or a night, see clause 10, Overtime.

 

(5)        Employees shall receive at least 14 days notice of change in rostered hours or such lesser period as may be mutually agreed.

 

(6)        Savings - No full-time or part-time employee of the employer as at 25 March 1999) is to suffer a reduction in earnings as a result of the extension in ordinary hours introduced in subclauses (3) and (4) of this clause.  No casual employee with continuity of service who commenced with the employer prior to 1 December 1998 is to suffer a reduction in earnings as a result of the extension in ordinary hours introduced in the said subclauses (3) and (4).

 

8.  Facilitation of Introduction of 38-Hour Week

 

(1)        The employer shall arrange the working of the 38-hour week in one of the following ways:

 

(a)        by rostering each employee off on one work day in each four-week work cycle;  or

 

(b)        by rostering each employee off for two ordinary hours on any one day in each week of the four-week cycle;  or

 

(c)        by rostering each employee off for four ordinary hours on any one day in each fortnight of the four-week cycle;  or

 

(d)        any other method.

 

(2)        Where the employer is unable to reach an agreement with the employee, union and/or the majority of employees on the arrangement of working the 38-hour week, the employer shall determine the method of working the hours.

 

9.  Rostered Days Off

 

(1)        Where the method of the implementation of a 38-hour week is a rostered day off taken in accordance with paragraph (a) of subclause (1) of clause 8, Facilitation of Introduction of 38-Hour Week, the following accrual shall occur:

 

(a)        Where eight ordinary hours are worked in five days, for each such day upon which an employee is rostered to work as part of the ordinary working week, the employee shall accumulate 24 minutes towards a rostered day off in each four-week cycle.

 

(b)        An employee who is absent on paid leave of absence in accordance with the award or with the employer's approval shall be entitled to accrual for the said absence.  Accrual shall not, however, occur during periods of leave pursuant to clauses 15, Annual Leave, 17, Sick Leave, and 18, Long Service Leave.

 

(c)        The employer should, so far as is practicable, allow the day off to be taken consecutively with any other time off as a result of this award.

 

(d)        Rostered days off shall be notified to employees at least seven days in advance.  However, in the case of emergency, an employee may be required to change the rostered day off.

 

(e)        Rostered days off shall not be rostered on a public holiday as prescribed in clause 11, Holidays.

 

(f)         An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

 

(g)        An employee required to work on a rostered day off shall be paid a minimum payment as for four hours worked at double the ordinary-time rate.

 

10.  Overtime

 

(1)        Subject to the provisions of this clause, all time worked outside the hours provided by clause 7, Hours, shall be overtime and shall be paid for at the rate of time and one-half for the first two hours and double time thereafter on that day.  However, overtime worked on a Saturday shall be paid for at the rate of time and one-half for the first two hours and double time thereafter.

 

(2)        Double time shall be paid for all overtime worked on a Sunday and the rate of double time and one-half shall be paid for all work done on a public holiday as set out in clause 11, Holidays.

 

(3)        When an employee is required to work during a meal break the employee shall be paid the rate of time and one-half until the employee is allowed a meal break of the usual period.

 

(4)        (a)        An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

 

(b)        Overtime taken as time off during ordinary-time hours shall be taken at the ordinary-time rate, that is, an hour for each hour worked.

 

(c)        If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason; payment for time accrued at overtime rates shall be made at the expiry of the 12-month period or on termination.

 

11.  Holidays

 

(1)        The days on which New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Eight-hour Day, Christmas Day, Boxing Day, and any other days which may be proclaimed as public holidays for the State of New South Wales shall be holidays and no deduction in respect of such holidays shall be made from the wages due to an employee for the week in which such holiday(s) occurs.

 

(2)        The first Monday in March of each year also shall be a holiday as the union picnic day, unless another day off in lieu thereof is agreed between an employer and employee or the majority of employees.  An employee who does not work on such day shall be paid as for eight hours' work at the rates of pay prescribed in Table 1 - Rates of Wages, of Part B, Monetary Rates.  An employee required to work on such day shall be paid at the rate of double time and a half for not less than four hours work.

 

12.  Working in the Rain

 

All employees called upon to work in the rain shall be supplied by the employer, free of charge, with oilskins, gum boots, or other protective clothing.

 

13.  Change and Meal Room

 

The employer shall provide free of charge at each place where this award applies, a change and meal room furnished with lockers, tables and seats for use by employees.  Such room shall be used exclusively as a change and meal room.  Boiling water shall be provided, free of charge, and shall be available to employees at the commencement of meal breaks.

 

14.  Meal Breaks and Rest Pauses

 

(1)        A period of not more than three-quarters of an hour and not less than half an hour shall be allowed for meals between 11.30 a.m. and 1.00 p.m. each day, Monday to Friday, inclusive.  However, on a race day, the timing of the taking of the meal break(s) shall be determined by the employer to suit the requirements of the racing program.

 

(2)        A rest pause of ten minutes duration, to be counted as time worked, shall be allowed to each employee during the morning of each day, Monday to Friday, inclusive, at a time to be arranged by the employer.

 

15.  Annual Leave

 

See Annual Holidays Act 1944.

 

14.  Annual Leave Loading

 

(1)        In this clause the Annual Holidays Act 1944 is referred to as "the Act".

 

(2)        Before an employee is given and takes an annual holiday or where, by agreement between the employer and employee, the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer shall pay the employee a loading determined in accordance with this clause.  (NOTE:  The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance - see subclause (5) of this clause.)

 

(3)        The loading is payable in addition to the pay for the period of holidays given and taken and due to the employee under the Act.

 

(4)        The loading is the amount payable for the period or the separate period, as the case may be, at the rate per week of 17.5 per cent of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing their annual holiday.

 

(5)        No loading is payable to an employee who takes an annual holiday wholly or partly in advance.  However, if the employment of such an employee continues until the day when the employee would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (4) of this clause, applying the award rates of wages payable on that day.

 

(6)        If the employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned:

 

(a)        An employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause (4) of this clause.

 

(b)        An employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid such proportion of the loading that would have been payable under this clause if the employee had become entitled to an annual holiday prior to the close-down.  This loading is calculated on the basis of the proportion that the employee's qualifying period of employment in completed weeks bears to 52.  Further, this payment is in addition to any amount payable under the Act.

 

(7)        (a)        When the employment of an employee is terminated by the employer for a cause other than misconduct, and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which the employee became entitled, the employee shall be paid a loading calculated in accordance with subclause (4) of this clause for the period not taken.

 

(b)        Except as provided by paragraph (a) of this subclause, no loading is payable on the termination of an employee's employment.

 

17.  Sick Leave

 

Subject to the production of evidence satisfactory to the employer, an employee shall be entitled to five days sick leave on full pay in the first year of service and eight days sick leave in the second and subsequent years of service.  Such sick leave shall be cumulative for ten years from the end of the year in which it accrues.  However, on and from 1 February 1982 an employee shall be entitled to nine days sick leave in the third year of service and ten days sick leave in the fourth and subsequent years of service.

18.  Long Service Leave

 

See Long Service Leave Act 1955.

 

19.  Contract of Employment

 

(1)        Employees, other than casuals, shall be employed on either a full-time or part-time basis.

 

(2)        Subject to the provisions of clause 32, Redundancy, the employment of employees, other than casual employees, shall only be terminated by a week's notice on either side, to be given at any time during the week, or by the payment or forfeiture, as the case may be, of a week's wages in lieu thereof.

 

20.  Payment of Wages

 

(1)        Wages shall be paid by cash, cheque or electronic funds transfer.

 

(2)        Wages shall be paid on a fixed day not later than Friday of each week.  However, by agreement between an employer and the majority of employees, wages may be paid fortnightly.

 

(3)        Employees who are paid cash shall be paid during ordinary working hours and any employee who has to wait after ordinary ceasing time on pay day to receive wages shall be paid at ordinary-time rates for all time kept waiting to be paid.

 

(4)        When an employee is paid by means of electronic funds transfer, the provisions relating to waiting time shall not apply.  However, when an employee's wages are not in the relevant employee's nominated account on the designated pay day the employer, if required to do so by the employee, shall provide the employee's wages to the employee in cash by conclusion of the next day's shift and, in any case, no later than Friday.

 

21.  Mixed Functions

 

(1)        An employee who is required to perform, on any day, work for which a higher rate of wage is paid than that prescribed for the employee's ordinary classification, shall be paid as follows:

 

(a)        If required to perform such work for eight hours or more, payment shall be at the higher (or highest, as the case may be) rate of wage prescribed for the work performed.

 

(b)        If required to perform such work for less than eight hours, payment shall be at the higher (or highest, as the case may be) rate of wage prescribed for the time actually occupied on such work.

 

(2)        An employee who is required to perform, on any day, work for which a lower rate of wage is paid than that prescribed for the employee's ordinary classification, shall suffer no reduction in pay as a consequence of performing that work.

 

22.  First-aid

 

A first-aid outfit shall be provided by the employer at each course where this award applies.

 

23.  Tools

 

All tools required by employees shall be provided, free of charge, by the employer.

 

24.  Bereavement Leave

 

(1)        An employee, other than a casual employee, shall be entitled to up to two days bereavement without deduction of pay, up to and including the day of the funeral, on each occasion of the death of a person within Australia as prescribed in subclause (3) of this clause.

 

(2)        The employee must notify the employer as soon as practicable of the intention to take bereavement leave and shall provide to the satisfaction of the employer proof of death.

 

(3)        Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer's leave as set out in subparagraph (ii) of paragraph (c) of subclause (1) of clause 30, Personal Carer's Leave, provided that, for the purpose of bereavement leave, the person need not be responsible for the care of the person concerned.

 

(4)        An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

(5)        Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4), (5) and (6) of clause 30, Personal/Carer's Leave.  In determining such request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

25.  Sanitary Accommodation

 

The employer shall provide suitable sanitary conveniences on the job and have same maintained in a clean condition.

 

26.  Recall to Work

 

An employee recalled from their home to work overtime, after having left the premises of the employer, shall be paid a minimum of four hours at overtime rates.

 

27.  Reporting for Duty

 

Employees directed to report for work on a Saturday or a Sunday and not being required shall be paid a minimum of four hours at overtime rates.

 

28. Jury Service

 

Any full-time or part-time employee required to attend for jury service during their ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the amount of wage that would have been received in respect of the ordinary time worked had the employee not been on jury service.

 

An employee shall notify the employer as soon as practicable of the date that they are required to attend for jury service, and shall provide the employer with proof of attendance, the duration of such attendance and the amount received in respect of the attendance.

 

29.  Grievance and Disputes Procedures

 

The procedures for the resolution of the industrial disputation will be in accordance with the Industrial Relations Act 1996.  These procedural steps are:

 

(1)        Procedure relating to a grievance of an individual employee -

 

(a)        The employee is required to notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.

 

(b)        A grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

(c)        Reasonable time limits must be allowed for discussion at each level of authority.

 

(d)        At the conclusion of the discussions, the employer must provide a response to the employee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.

 

(e)        While a procedure is being followed, normal work must continue.

 

(f)         The employee may be represented by an industrial organisation of employees.

 

(2)        Procedure for a dispute between an employer and the employees -

 

(a)        A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

(b)        Reasonable time limits must be allowed for discussion at each level of authority.

 

(c)        While a procedure is being followed, normal work must continue.

 

(d)        The employer may be represented by an industrial organisation of employers and the employees may be represented by an industrial organisation of employees for the purpose of each procedure.

 

30. Personal/Carer's Leave

 

(1)        Use of Sick Leave -

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person as set out in subparagraph (ii) of paragraph (c) of this subclause who needs the employee's care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement provided for in clause 17, Sick Leave, for absences to provide care and support for such persons when they are ill.  Such leave may be taken for part of a single day.

 

(b)        The employee shall, if required, establish either by production of a medical certificate or statutory declaration the illness of the person concerned and that the illness is such as to require care by another person.  In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)         the employee being responsible for the care of the person concerned;  and

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee;  or

 

(b)        a de facto spouse who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person;  or

 

(c)        a child or an adult child (including an adopted child, a stepchild, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee;  or

 

(d)        a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis;  or

 

(e)        a relative of the employee who is a member of the same household where, for the purpose of this paragraph:

 

(1)        "relative" means a person related by blood, marriage or affinity;

 

(2)        "affinity" means a relationship that one spouse, because of marriage, has to blood relatives of the other;  and

 

(3)        "household" means a family group living in the same domestic dwelling.

 

(d)        An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

(2)        Unpaid Leave for Family Purpose -

 

(a)        An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person as set out in subparagraph (ii) of paragraph (c) of subclause (1) of this clause, who is ill.

 

(3)        Annual Leave -

 

(a)        An employee may elect, with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single-day periods, or part thereof, in any calendar year at a time or times agreed by the parties.

 

(b)        Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

(c)        An employee and employer may agree to defer payment of the annual leave loading in respect of single-day absences until at least five consecutive annual leave days are taken.

 

(4)        Time Off in Lieu of Payment for Overtime -

 

(a)        An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

 

(b)        Overtime taken as time off during ordinary-time hours shall be taken at the ordinary-time rate, that is, an hour for each hour worked.

 

(c)        If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12-month period or on termination.

 

(d)        Where no election is made in accordance with paragraph (a), the employee shall be paid overtime rates in accordance with the award.

 

(5)        Make-up Time -

 

(a)        An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours and works those hours at a later time during the spread of ordinary hours provided in this award, at the ordinary rate of pay.

 

(b)        An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

 

(6)        Rostered Days Off -

 

(a)        An employee may elect, with the consent of the employer, to take a rostered day off at any time.

 

(b)        An employee may elect, with the consent of the employer, to take rostered days off in part-day amounts.

 

(c)        An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

 

(d)        This subclause is subject to the employer informing each union, which is both party to the award and which has members employed at the particular enterprise, of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

 

31.  Superannuation

 

(1)        The subject of superannuation contributions is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993.  The legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

 

(2)        The employer shall be a participating employer in any of the following funds:

 

Australian Public Superannuation (APS);

Australian Superannuation Savings Employment Trust (ASSET);

Such other funds that comply with the requirements of the legislation;

 

and shall participate in accordance with the Trust Deed of that fund.

 

(3)        The employer shall contribute to the Fund in accordance with legislation provided that employer contributions do not fall below 3% of ordinary time earnings.

 

NOTATION:  Employer contributions under relevant legislation are set at 7% until 30 June 2000, when they will raise to 8% and a final adjustment of 9% from 1st July 2002.

 

(4)        The employer shall provide each employee upon commencement of employment with membership forms of the fund.

 

(5)        An employee may make contributions to the fund in addition to those made by the employer.

 

(6)        An employee who wishes to make additional contributions must authorise the employer in writing to pay into the fund from the employee's wages a specified amount in accordance with the Trust Deed and the rules of the fund.

 

(7)        An employee may vary his or her additional contributions by written authorisation and the employer must alter the additional contributions.

 

(8)        Ordinary time earnings shall be defined as including:

 

(a)        Award classification rate;

 

(b)        Overaward payment;

 

(c)        Shift loading - including weekend and public holiday penalty rates earned by shift employees on normal rostered shifts forming the ordinary hours of duty not when worked as overtime;

 

(d)        Casual loading in respect to casual employees including 1/12 Annual Holiday Loading.

 

Ordinary time earnings does not include bonuses, commission, payment for overtime or other extraordinary payment, remuneration or allowance.

 

32.  Redundancy

 

(1)        Application -

 

(a)        This clause shall apply to all full-time and part-time employees.

 

(b)        This clause shall apply in respect of employers who employ 15 or more employees immediately prior to the termination of employment of employees, in the terms of subclause (3) of this clause.

 

(c)        Notwithstanding anything contained elsewhere in this award, this award shall not apply to employees with less than one year's service and the general obligation on employers shall not be more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

 

(d)        Notwithstanding anything elsewhere contained in this award, this award shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

 

(2)        Introduction of Change -

 

(a)        Employer's Duty to Notify -

 

(i)         Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

 

(ii)        "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or location and the restructuring of jobs.  Provided that, where the award makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

 

(b)        Employer's Duty to Discuss Change -

 

(i)         The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in paragraph (i) of this subclause, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

 

(ii)        The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in the said paragraph (a) of this subclause.

 

(iii)       For the purpose of such discussion, the employer shall provide to the employees concerned and the union to which they belong all relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees; provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

(3)        Redundancy -

 

(a)        Discussions Before Terminations -

 

(i)         Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone pursuant to subparagraph (i) of paragraph (a) of subclause (2) of this clause and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

 

(ii)        The discussions shall take place as soon as practicable after the employer has made a definite decision which will invoke the provisions of subparagraph (i) of this paragraph and shall cover, inter alia, any reason for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations on the employees concerned.

 

(iii)       For the purposes of the discussions the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of employees normally employed and the period over which the terminations are likely to be carried out.  Provided that any employer shall not be required to disclose confidential information, the disclosure of which would adversely affect the employer.

 

(4)        Termination of Employment -

 

(a)        Notice for changes in production, program, organisation or structure - This paragraph sets out the notice provisions to be applied to terminations by the employer for reasons arising from changes to production, program, organisation or structure, in accordance with subparagraph (i) of paragraph (a) of subclause (2) of this clause.

 

(i)         In order to terminate the employment of an employee, the employer shall give to the employee the following notice:

 

Period of Continuous Service	Period of Notice
Less than 1 year	1 week
1 year and less than 3 years	2 weeks
3 years and less than 5 years	3 weeks
5 years and over	4 weeks

 

(ii)        In addition to the notice above, employees over 45 years of age at the time of the giving of the notice, with not less than two years' continuous service, shall be entitled to an additional week's notice.

 

(iii)       Payment in lieu of the notice above shall be made if the appropriate notice period is not given.  Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(b)        Notice for Technological Change - This paragraph sets out the notice provisions to be applied to termination by the employer for reasons arising from technology in accordance with subparagraph (i) of paragraph (a) of subclause (2) of this clause.

 

(i)         In order to terminate the employment of an employee, the employer shall give the employee three months notice of termination.

 

(ii)        Payment in lieu of the notice above shall be made if the appropriate notice period is not given.  Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(iii)       The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

 

(c)        Time Off During the Notice Period -

 

(i)         During the period of notice of termination given by the employer, an employee shall be allowed up to one day's time off without loss of pay during each week of notice, to a maximum of five weeks, for the purpose of seeking other employment.

 

(ii)        If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

 

(d)        Employee Leaving During the Notice Period - If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice.  Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

(e)        Statement of Employment - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification of or type of work performed by the employee.

 

(f)         Notice to Centrelink - Where a decision has been made to terminate employees, the employer shall notify Centrelink as soon as possible, giving relevant information, including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

 

(g)        Transfer to Lower-paid Duties - Where an employee is transferred to lower-paid duties the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated, and the employer may, at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary-time rate of pay and the new ordinary-time rates for the number of weeks of notice still owing.

 

(5)        Severance Pay -

 

(a)        Where an employee is to be terminated pursuant to this clause, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the following severance pay in respect of a continuous period of service:

 

(i)         If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

 

Years of Service	Under 45 Years of Age Entitlement
Less than 1 year	Nil
1 year and less than 2 years	4 weeks
2 years and less than 3 years	7 weeks
3 years and less than 4 years	10 weeks
4 years and less than 5 years	12 weeks
5 years and less than 6 years	14 weeks
6 years and over	16 weeks

 

(ii)        Where an employee is 45 years of age or over, the entitlement shall be in accordance with the following scale:

 

Years of Service	45 Years of Age and Over Entitlement
Less than 1 year	Nil
1 year and less than 2 years	5 weeks
2 years and less than 3 years	8.75 weeks
3 years and less than 4 years	12.5 weeks
4 years and less than 5 years	15 weeks
5 years and less than 6 years	17.5 weeks
6 years and over	20 weeks

 

(iii)       "Week's pay" means the all-purpose rate for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, overaward payments, shift penalties and allowances paid in accordance with clause 3, Wages and Allowances.

 

(b)        Incapacity to Pay - Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) of this subclause.

 

The Commission shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in the said paragraph (a) of this subclause will have on the employer.

 

(c)        Alternative Employment - Subject to an application by the employer and further order of the Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in the said paragraph (a) of this subclause if the employer obtains acceptable alternative employment for an employee.

 

(6)        Savings Clause - Nothing in this clause shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to under any existing redundancy arrangement, taken as a whole, between the union and any employer bound by this award.

 

33.  Anti-Discrimination

 

(1)        It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

(2)        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

(3)        Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

(4)        Nothing in this clause is to be taken to affect:

 

(a)        any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)        offering or providing junior rates of pay to persons under 21 years of age;

 

(c)        any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)        a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

(5)        This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.

 

NOTE:

 

1.          Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

2.          Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in this Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

34.  Training Wage

 

(1)        Application

 

(a)        Subject to paragraph (c) of this subclause, this clause shall apply to persons who are undertaking a traineeship (as defined) and is to be read in conjunction with this award.

 

(b)        Notwithstanding paragraph (a) of this subclause, this clause 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 clause 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 beyond the control of the employer.

 

(c)        The terms and conditions of this clause shall apply, except where inconsistent with this award.

 

(d)        Notwithstanding the foregoing, this clause shall not apply to employees who were employed by an employer under this award 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 clause 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 clause shall cease to apply to the employment of the trainee.

 

(2)        Objective

 

The objectives of this clause is to assist in the establishment of a 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 clause shall be taken to replace the prescription of training requirements in this award.

 

(3)        Definitions

 

Structured Training 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 paragraph (f) of subclause (4) of this clause.

 

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.

 

Traineeship 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).

 

Traineeship 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 clause any person leaving school before completing Year 10 shall be deemed to have completed Year 10.

 

(4)        Training Conditions

 

(a)        The trainee shall attend an approved training course or training program prescribed in the Traineeship Agreement or as notified to the trainee by the Relevant Training Authority in an accredited and relevant traineeship.

 

(b)        A traineeship shall not commence until the relevant Traineeship 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 Traineeship 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 that training records or work books may be utilised as part of this monitoring process.

 

(f)         Training is to be directed at:

 

(i)         the achievement of key competencies required for successful participation in the workplace (e.g., 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 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.

 

(5)        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 Structure 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 Structured training provided that any agreement to vary is in accordance with the relevant Traineeship.

 

(b)        A trainee shall subject to 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 continuity of employment and/or wages to attend the structured training in accordance with the Training Agreement.

 

(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 purpose of the 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 this award.

 

(iii)       No Trainee shall work shift work unless the relevant parties to the 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 this award.

 

(h)        All other terms and conditions of this award are applicable to the Trainee or would be applicable to the Trainee but for this clause shall unless specifically varied by this clause.

 

(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 or successful completion of the Traineeship shall 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 clause shall apply to part-time trainees except as specified in this subclause.

 

(k)        A part-time trainee may, by agreement transfer from a part-time to a full-time traineeship position should on e become available.

 

(l)         The minimum daily engagement periods applying to part-time employees specified in the award 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)         a 2 hour start is sought by the employee to accommodate the employee's personal circumstances;  or

 

(ii)        the place of work is within a distance of 5 km 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 clause, 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 school student.

 

(6)        Wages

 

Wages - Full-time Trainees

 

(a)        The weekly wages payable to full-time trainees shall be as prescribed in Part C of this award.

 

Industry/Skill Level A	Tables 1(a), 2(a), 3(a)
Industry/Skill Level B	Tables 1(b), 2(b), 3(b)
Industry/Skill Level C	Tables 1(c), 2(c), 3(c)
School-Based Trainees	Tables 1(d), 2(d), 3(d)

 

(b)        These wage rates will only apply to Trainees while they are undertaking an Traineeship which includes structured training as defined in this award.

 

(c)        The wage rates prescribed in this clause do not apply to the complete trade level training which is covered by the Apprenticeship system.

 

(d)        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 relevant 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.

 

(e)        For the purposes of 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

 

(f)         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 taking the approved training at the same or lesser training time than a full-time trainee.

 

(g)        Tables 1(e), 2(e) and 3(e) - Hourly Rates for Trainees Who Have Left School and Tables 1(f), 2(f) and 3(f) - Hourly Rates for School-based Traineeships of Part C, 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.

 

(h)        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% (i.e. he 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.

 

(i)         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:

 

Wage  =  Full-time wage rate  x  Trainee hours - average weekly training time 30.4*

 

*NOTE:  30.4 in the above formula represents 38 ordinary full time hours less the average training time for full-time trainees (i.e. 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, Table3 - 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 approved training.  For the purposes of this definition, the time spent in approved vocational 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 training agreement as follows:

 

Average Weekly Training Time  =                            7.6 x 12                        

Length of the traineeship in months

 

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 this 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 training 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 result in the equivalent of a full day's on the job work per week.

 

Example of the calculation for the wage rate for a part-time traineeship   A school student commences a traineeship in year 11, the ordinary hours of work in the Parent Award are 38.  The training agreement specifies two years (24 months) as the length of the traineeship.   "Average weekly training time" is therefore 7.6 x 12/24 = 3.8 hours   "Trainee hours" totals 15 hours; these are made up of 11 hours which is worked over two days of the week plus 1-1/2 hours on the job training plus hours off the job approved training at school and at TAFE.   So the wage rate in year 11 is:   $181  x  15  -  3.8  =  $66.68 plus any applicable penalty rates under the Parent Award.                   30.4   The wage rate varies when the student completes year 11 and passes the anniversary date of 1 January the following year to begin year 12 and/or if "trainee hours" changes.

 

(7)        Grievance Procedures for Trainees

 

(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 he/she is a member.

 

(v)        If no resolution of the trainee's grievance can be found, then the matter may be referred to the Industrial Relations Commission of New South Wales by either the trainee or the employer or the industrial organisation representing either party.

 

(vi)       While this grievance procedure is being followed, normal work shall continue.

 

(b)        Procedure relating to disputes, etc., between the employer 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 solved 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 of New South Wales 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 discussions 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 trainee may be represented by an industrial organisation of employees for the purposes of each procedure.

 

35.  Enterprise Arrangements

 

(1)        (a)        As part of the structural efficiency exercise and as an ongoing process for the achievement of improvements in productivity and efficiency, discussions should take place at an enterprise to provide more flexible working arrangements, improvements in the quality of working life, enhancement of skills, training and job satisfaction and to encourage consultation mechanisms across the workplace to all employees in an enterprise and consideration of a single bargaining unit in all multi-union/union award workplace.  Union delegates at the place of work may be involved in such discussions.

 

(b)        The terms of any proposed genuine arrangement reached between an employer and employee(s) in any enterprise shall, after due processing, substitute for the provisions of this award to the extent that they are contrary, provided that:

 

(i)         a majority of employees affected genuinely agree;

 

(ii)        such arrangement is consistent with the current State Wage Case principles.

 

(c)        (i)         Before any arrangement requiring variation to the award is signed and processed in accordance with subclause (2) of this clause, details of such arrangements shall be forwarded in writing to the union or unions with members in that enterprise affected by the changes and the employer association, if any, of which the employer is a member.  A union or an employer association may, within 14 days thereof, notify the employer in writing of any objection to the proposed arrangements, including the reason for such objection.

 

(ii)        When an objection is raised, the parties are to confer in an effort to resolve the issue.

 

(2)        Such enterprise arrangements shall be processed as follows:

 

(a)        All employees will be provided with the current prescriptions (e.g., award, industrial agreement or enterprise arrangements) that apply at the place of work.

 

(b)        (i)         Where an arrangement is agreed upon between the employer and the employees or their authorised representative at an enterprise, such arrangement shall be committed to writing.  Where the arrangement is agreed upon between the employer and an absolute majority of permanent employees under this award at an enterprise, such arrangement shall be committed to writing.

 

(ii)        The authorised representative of employees at an enterprise may include a delegate, organiser or official of the relevant union if requested to be involved by the majority of employees at the establishment.

 

(c)        The arrangements shall be signed by the employer, or the employer's duly authorised representative, and the employees or their authorised representative with whom agreement was reached.

 

(d)        Where an arrangement is objected to in accordance with subparagraph (i) of paragraph (c) of subclause (1) and the objection is not resolved, an employer may make application to the Industrial Relations Commission of New South Wales to vary the award to give effect to the arrangement.

 

(e)        The union and/or employer association shall not unreasonably withhold consent to the arrangements agreed upon by the parties.

 

(f)         If no party objects to the arrangement, then a consent application shall be made to the Commission to have the arrangement approved and the award varied in the manner specified in paragraph (g) of this subclause.

 

Such applications are to be processed in accordance with the appropriate State Wage Case principle.

 

(g)        Where an arrangement is approved by the Commission and the arrangement is contrary to any provision of the award, then the name of the enterprise to which the arrangement applies, the date of operation of the arrangement, the award provisions from which the said enterprise is exempt and the alternative provisions which are to apply in lieu of such award provisions (or reference to such alternative provisions), shall be set out in a schedule to the award.

 

(h)        Such arrangement when approved shall be displayed on a notice board at each enterprise affected.

 

(i)         No existing employee shall suffer a reduction in entitlement to earnings, award or overaward, for working ordinary hours of work as the result of any award changes made as part of the implementation of the arrangement.

 

36.  Area, Incidence and Duration

 

This award shall apply to all employees of the classifications as set out in clause 3, Wages and Allowances, employed on racecourses, except those employees engaged exclusively in picking up newspapers and other refuse after race meetings within the jurisdiction of the Race Clubs, &c., Employees (State) Industrial Committee.

 

This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Race Clubs, &c., Employees (State) Award published 27 August 1999 (310 I.G. 708), as varied, the Race Clubs, &c., Employees Superannuation (State) Award published 5 October 1990 (259 I.G. 577), as varied, and the Race Club Employees Training Wage (State) Award published 8 December 1995 (289 I.G 1169), as varied.

 

The award published 27 August 1999 took effect from the beginning of the first full pay period to commence on or after 25 March 1999.

 

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 18 December 1998 (308 I.G. 307) take effect on and from 2 April 2001.

 

The award remains in force until varied or rescinded, the period for which it was made having already expired.

 

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Wages

 

Classification	Current Weekly				Total
	Rate		SWC 2000		Weekly
	$		$		Rate
					$
Race Club Employee 1  110%
Track Foreperson	519.00		15.00		534.00
Foreperson Gardener	519.00		15.00		534.00
Race Club Employee 2  100%
Tradespersons	477.20		15.00		492.00
Race Club Employee 3  92.4%
Leading Hand (Track and Maintenance)	445.50		15.00		460.50
Leading Hand (Gardener)	445.50		15.00		460.50
Race Club Employee 4  89%
Track Crossing Attendant	431.30		15.00		446.30
Propagator	431.30		15.00		446.30
Race Club Employee 5  86%
Gardener (as defined)	418.80		15.00		433.80
Fettler	418.80		15.00		433.80
General Track or Maintenance Hand	418.80		15.00		433.80
Race Club Employee 6  82%
General Maintenance Labourer and Cleaner	402.10		15.00		417.10
Employee not elsewhere classified	402.10		15.00		417.10
Race Club Employee 7  78%
Employee undertaking up to 3 months on-the-job
training	385.40		15.00		400.40
Plant Operators
Plant Operator 1  (92.4%)	445.50	15.00		460.50
Plant Operator 2  (87.4%)	424.70	15.00		439.70

 

Table 2 - Other Rates and Allowances

 

 

Item No.	Clause No.	Brief Description	Amount
			$
1	3 (ii) (a)	Employee other than a plant operator required
		to use a scythe or operate a power mower
			1.65 per day or part of a day
2	3 (ii) (b)	Employee other than a plant operator required
		to operate a tractor with or without
		attachments and/or front end loader	1.65 per day or part of a day
3	3 (ii) (c)	Employees required to use pesticides,
		weedicides or poisonous sprays	1.75 per day
4	3 (ii) (d)	First-aid allowance	2.27 per day
5	3 (ii) (e) (1)	Meal allowance for overtime	6.45
6	3 (ii) (f)	Horse handling allowance	1.65 per day or part
			thereof

 

 

PART C

 

MONETARY RATES

 

(1)        The following monetary rates shall apply from the beginning of the first full pay period on or after 12th April 2001.

 

Table 1(a) - Weekly Rates - Industry/Skill Level A

 

Where the accredited training course and work performed are for the purposes of generating skills which have been defined for work at Skill Level A.

 

	Highest year of schooling completed
	Year 10	Year 11	Year 12
	$	$	$
School Leaver	138.00 (50%)	171.00 (33%)	235.00
	161.00 (33%)	193.00 (25%)
Plus 1 year out of school	193.00	235.00	274.00
Plus 2 years	235.00	274.00	319.00
Plus 3 years	274.00	319.00	364.00
Plus 4 years	319.00	364.00
Plus 5 years or more	364.00

 

 

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 1(b) - Weekly Rates - Industry/Skill Level B

 

Where the accredited training course and work performed are for the purposes of generating skills which have been defined for work at Skill Level B.

 

 

	Highest year of schooling completed
	Year 10	Year 11	Year 12
	$	$	$
School Leaver	138.00 (50%)	171.00 (33%)	225.00
	161.00 (33%)	193.00 (25%)
Plus 1 year out of school	193.00	225.00	259.00
Plus 2 years	225.00	259.00	304.00
Plus 3 years	259.00	304.00	346.00
Plus 4 years	304.00	346.00
Plus 5 years or more	346.00

 

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 1(c) - Weekly Rates - Industry/Skill Level C

 

Where the accredited training course and work performed are for the purposes of generating skills which have been defined for work at Skill Level C.

 

	Highest year of schooling completed
	Year 10	Year 11	Year 12
	$	$	$
School Leaver	138.00 (50%)	171.00 (33%)	214.00
	161.00 (33%)	193.00 (25%)
Plus 1 year out of school	193.00	214.00	240.00
Plus 2 years	214.00	240.00	269.00
Plus 3 years	240.00	269.00	301.00
Plus 4 years	269.00	301.00
Plus 5 years or more	301.00

 

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 1(d) - School-Based Traineeships

 

	Year of schooling
	Year 11	Year 12
	$	$
School based traineeships Skill Levels A, B and C	176.00	193.00

 

Table 1(e) - Hourly Rates for Trainees Who Have Left School

 

Skill Level A
	Year 10	Year 11	Year 12
	$	$	$
School leaver	5.79	6.34	7.73
Plus 1 year after leaving school	6.34	7.73	9.01
Plus 2 years	7.73	9.01	10.49
Plus 3 years	9.01	10.49	11.97
Plus 4 years	10.49	11.97
Plus 5 years or more	11.97
Skill Level B
	Year 10	Year 11	Year 12
	$	$	$
School leaver	5.79	6.34	7.40
Plus 1 year after leaving school	6.34	7.40	8.52
Plus 2 years	7.40	8.52	10.00
Plus 3 years	8.52	10.00	11.38
Plus 4 years	10.00	11.38
Plus 5 years or more	11.38
Skill Level C
	Year 10	Year 11	Year 12
	$	$	$
School leaver	5.79	6.34	7.04
Plus 1 year after leaving school	6.34	7.04	7.89
Plus 2 years	7.04	7.89	8.85
Plus 3 years	7.89	8.85	9.90
Plus 4 years	8.85	9.90
Plus 5 years or more	9.90

 

Table 1(f) - Hourly Rates for School-Based Traineeships

 

	Year of schooling
	Year 11	Year 12
	$	$
Skills levels A, B and C	5.79	6.34

 

The average proportion of time spent in structured training which has been taken into account in setting the above rates is 20 per cent.

 

(2)        The following monetary rates shall apply from the beginning of the first full pay period on or after 12th October 2001.

 

Table 2(a) - Weekly Rates - Industry/Skill Level A

 

Where the accredited training course and work performed are for the purposes of generating skills which have been defined for work at Skill Level A.

 

	Highest year of schooling completed
	Year 10	Year 11	Year 12
	$	$	$
School Leaver	142.00 (50%)	176.00 (33%)	241.00
	165.00 (33%)	198.00 (25%)
Plus 1 year out of school	198.00	241.00	281.00
Plus 2 years	241.00	281.00	327.00
Plus 3 years	281.00	327.00	374.00
Plus 4 years	327.00	374.00
Plus 5 years or more	374.00

 

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(b) - Weekly Rates - Industry/Skill Level B

 

Where the accredited training course and work performed are for the purposes of generating skills which have been defined for work at Skill Level B.

 

 

	Highest year of schooling completed
	Year 10	Year 11	Year 12
	$	$	$
School Leaver	142.00 (50%)	176.00 (33%)	231.00
	165.00 (33%)	198.00 (25%)
Plus 1 year out of school	198.00	231.00	266.00
Plus 2 years	231.00	266.00	312.00
Plus 3 years	266.00	312.00	356.00
Plus 4 years	312.00	356.00
Plus 5 years or more	356.00

 

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(c) - Weekly Rates - Industry/Skill Level C

 

Where the accredited training course and work performed are for the purposes of generating skills which have been defined for work at Skill Level C.

 

	Highest year of schooling completed
	Year 10	Year 11	Year 12
	$	$	$
School Leaver	142.00 (50%)	176.00 (33%)	221.00
	165.00 (33%)	198.00 (25%)
Plus 1 year out of school	198.00	221.00	248.00
Plus 2 years	221.00	248.00	278.00
Plus 3 years	248.00	278.00	311.00
Plus 4 years	278.00	311.00
Plus 5 years or more	311.00

 

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(d) - School-Based Traineeships

 

	Year of schooling
	Year 11	Year 12
	$	$
School based traineeships Skill Levels A, B and C	181.00	198.00

 

Table 2(e) - Hourly Rates for Trainees Who Have Left School

 

Skill Level A
	Year 10	Year 11	Year 12
	$	$	$
School leaver	5.95	6.51	7.93
Plus 1 year after leaving school	6.51	7.93	9.24
Plus 2 years	7.93	9.24	10.76
Plus 3 years	9.24	10.76	12.30
Plus 4 years	10.76	12.30
Plus 5 years or more	12.30
Skill Level B
	Year 10	Year 11	Year 12
	$	$	$
School leaver	5.95	6.51	7.60
Plus 1 year after leaving school	6.51	7.60	8.75
Plus 2 years	7.60	8.75	10.26
Plus 3 years	8.75	10.26	11.71
Plus 4 years	10.26	11.71
Plus 5 years or more	11.71
Skill Level C
	Year 10	Year 11	Year 12
	$	$	$
School leaver	5.95	6.51	7.27
Plus 1 year after leaving school	6.51	7.27	8.16
Plus 2 years	7.27	8.16	9.14
Plus 3 years	8.16	9.14	10.23
Plus 4 years	9.14	10.23
Plus 5 years or more	10.23

 

Table 2(f) - Hourly Rates for School-Based Traineeships

 

	Year of schooling
	Year 11	Year 12
Skills levels A, B and C	$	$
	5.95	6.51

 

The average proportion of time spent in structured training which has been taken into account in setting the above rates is 20 per cent.

 

(3)        The following monetary rates shall apply from the beginning of the first full pay period on or after 12th April 2002.

 

 

Table 3(a) - Weekly Rates - Industry/Skill Level A

 

Where the accredited training course and work performed are for the purposes of generating skills which have been defined for work at Skill Level A.

 

	Highest year of schooling completed
	Year 10	Year 11	Year 12
	$	$	$
School Leaver	187.00	205.00	249.00
Plus 1 year out of school	205.00	249.00	290.00
Plus 2 years	249.00	290.00	337.00
Plus 3 years	290.00	337.00	386.00
Plus 4 years	337.00	386.00
Plus 5 years or more	386.00

 

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(b) - Weekly Rates - Industry/Skill Level B

 

Where the accredited training course and work performed are for the purposes of generating skills which have been defined for work at Skill Level B.

 

	Highest year of schooling completed
	Year 10	Year 11	Year 12
	$	$	$
School Leaver	187.00	205.00	239.00
Plus 1 year out of school	205.00	239.00	275.00
Plus 2 years	239.00	275.00	323.00
Plus 3 years	275.00	323.00	368.00
Plus 4 years	323.00	368.00
Plus 5 years or more	368.00

 

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(c) - Weekly Rates - Industry/Skill Level C

 

Where the accredited training course and work performed are for the purposes of generating skills which have been defined for work at Skill Level C.

 

	Highest year of schooling completed
	Year 10	Year 11	Year 12
	$	$	$
School Leaver	187.00	205.00	230.00
Plus 1 year out of school	205.00	230.00	258.00
Plus 2 years	230.00	258.00	289.00
Plus 3 years	258.00	289.00	323.00
Plus 4 years	289.00	323.00
Plus 5 years or more	323.00

 

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(d) - School-Based Traineeships

 

	Year of schooling
	Year 11	Year 12
	$	$
School based traineeships Skill Levels A, B and C	187.00	205.00

 

Table 3(e) - Hourly Rates for Trainees Who Have Left School

 

Skill Level A
	Year 10	Year 11	Year 12
	$	$	$
School leaver	6.15	6.74	8.19
Plus 1 year after leaving school	6.74	8.19	9.54
Plus 2 years	8.19	9.54	11.09
Plus 3 years	9.54	11.09	12.70
Plus 4 years	11.09	12.70
Plus 5 years or more	12.70
Skill Level B
	Year 10	Year 11	Year 12
	$	$	$
School leaver	6.15	6.74	7.86
Plus 1 year after leaving school	6.74	7.86	9.05
Plus 2 years	7.86	9.05	10.63
Plus 3 years	9.05	10.63	12.11
Plus 4 years	10.63	12.11
Plus 5 years or more	12.11
Skill Level C
	Year 10	Year 11	Year 12
	$	$	$
School leaver	6.15	6.74	7.57
Plus 1 year after leaving school	6.74	7.57	8.49
Plus 2 years	7.57	8.49	9.51
Plus 3 years	8.49	9.51	10.63
Plus 4 years	9.51	10.63
Plus 5 years or more	10.63

 

Table 3(f) - Hourly Rates for School-Based Traineeships

 

	Year of schooling
	Year 11	Year 12
	$	$
Skills levels A, B and C	6.15	6.74

 

The average proportion of time spent in structured training which has been taken into account in setting the above rates is 20 per cent.

 

 

APPENDIX A - INDUSTRY SKILL LEVELS

 

Industry/Skill Level A:

 

Office Clerical

Commonwealth Public Sector Clerical

State Public Sector Clerical

Local Government Clerical

Finance, Property and Business Services

 

Industry/Skill Level B:

 

Wholesale and Retail

Recreation and Personal Services

Transport and Storage

Manufacturing

Industry/Skill Level C:

 

Community Service and Health

Pastoral

Environmental

Wholesale and Retail - Vehicle Repair Services and Retail Sector

 

 

 

P. J. SAMS,  D.P.

 

 

____________________

 

 

 

Race Clubs, &c., Employees (State) Industrial Committee

 

Industries and Callings

 

All persons engaged as foremen, gardeners, propagators, track hands, plant operators and general labourers in the construction and maintenance of racecourses. Including dog racing courses in the State of New South Wales, excluding the County of Yancowinna;

 

excepting employees of -

 

             Municipal and Shire and County Councils;

             The Council of the City of Newcastle;

             The Council of the City of Sydney;

             Sydney Electricity;

             Landscape Gardeners;

             Master Gardeners;

 

excepting also persons within the jurisdiction of the -

 

             Club Managers and Secretaries (State) Conciliation Committee;

             Bowling and Golf Clubs, &c., Employees (State) Industrial Committee;

             Sydney Cricket and Sportsground Trust, &c., Employees (State) Industrial Committee;

             Club Employees (State) Industrial Committee.

 

 

____________________

 

 

 

Printed by the authority of the Industrial Registrar.