REAL ESTATE INDUSTRY (STATE) TRAINING WAGE
AWARD
INDUSTRIAL
RELATIONS COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to
Section 19 of the Industrial Relations
Act 1996.
(No. IRC 1233
of 2001)
|
Before Commissioner Patterson
|
28 June 2001
|
REVIEWED AWARD
1. ARRANGEMENT
This award is arranged in the following manner:
PART A
Clause No Subject Matter
1. Title
2. Application
3. Objective
4. Definitions
5. Training Conditions
6. Employment Conditions
7. Hours of Work
8. Locomotion Allowance
9. Wages
10. Grievance Procedure
11. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1A & 1B - Weekly
Rates - Industry/Skill Level A
Table 2 - School Based
Traineeships
Table 3 - Hourly Rates for
Trainees Who Have Left School
Table 4 - Hourly Rates for
School-Based Traineeships
Table 5 - Other Rates and
Allowances
Appendix A - Industry
Skill Levels
PART A
1. TITLE
This award shall be known as the Real Estate Industry
(State) Training Wage Award.
2. APPLICATION
(a) Subject to subclause (c) of this clause,
this award shall apply to persons who are undertaking a Traineeship (as
defined) and is to be read in conjunction with the awards contained in clause 11,
Area, Incidence and Duration, or any legally registered award or any former
industrial agreement of the Industrial Relations Commission of New South Wales
which covers the terms and conditions of employment of persons performing work
covered by the listed awards in the said clause 11.
(b) Notwithstanding
(a), this award shall apply provisionally for an interim period:
(i) Starting upon the commencement date as
recorded on a valid "Application to Establish a Traineeship" signed
by both the employer and the Trainee, which has been lodged with the Relevant
NSW Training Authority; and
(ii) Ending upon the expiry of one calendar
month period immediately following the employer's receipt of the Indenture
Papers from the Relevant Training Authority.
In any case, the duration for
which this award may provisionally apply shall be no longer than two calendar
months, or such longer period as may be required to accommodate a delay in
processing the "Application to Establish a Traineeship" which is beyond
the control of the employer.
(c) The terms
and conditions of the awards in clause 11 or any former industrial agreement of
the Industrial Relations Commission of New South Wales shall apply, except
where inconsistent with this award.
(d) Notwithstanding the foregoing, this
award shall not apply to employees who were employed by an employer under an
award referred to in subclause (a) of this clause prior to the date of approval
of a Traineeship relevant to the employer, except where agreed upon between the
employer and the relevant union(s).
(e) This award does not apply to the
apprenticeship system or any training program, which applies to the same
occupation and achieves essentially the same training outcome as an existing
apprenticeship in an award as at 27 April 1998 or in an award that binds the
employer.
(f) At
the conclusion of the Traineeship, this Award shall cease to apply to the
employment of the Trainee and the Parent Award shall apply to the former
Trainee.
3. OBJECTIVE
The objective of this award is to assist in the
establishment of a system of Traineeships which provides 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 award shall be taken
to replace the prescription of training requirements in the Parent Award.
4. 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 clause 5(f).
Parent Award means an award that applies to a Trainee, or
that would have applied, but for the operation of this award.
Relevant Union means a union party to the making of the
Parent Award and which is entitled to enrol the Trainee as a member.
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.
Training 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).
Training 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 award any person leaving
school before completing Year 10 shall be deemed to have completed Year 10.
5. TRAINING CONDITIONS
(a) The Trainee shall attend an approved training
course or training program prescribed in the Training Agreement or as notified
to the Trainee by the Relevant NSW Training Authority in an accredited and
relevant Traineeship.
(b) A Traineeship shall not commence until the
relevant Training Agreement, has been signed 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 Training 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
shall be directed at:
(i) the achievement of key competencies
required for successful participation
in the workplace (eg. literacy,
numeracy, problem solving, teamwork, using technology) and an Australian Qualification
Framework Certificate Level 1.
This could be achieved through
foundation competencies which are part of endorsed competencies for an industry
or enterprise; and/or
(ii) the achievement of key competencies
required for successful participation in an industry or enterprise (where there
are endorsed national standards these will define these competencies) as are
proposed to be included in an Australian Qualification Framework certificate
Level 11 or above.
6. 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 1/2 days per week (including the time spent in approved 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 approved
training provided that any agreement to vary is in accordance with the relevant
Traineeship.
(b) A Trainee shall be subject to a
satisfactory probation period of up to one month, which may be reduced at the
discretion of the employer.
(c) Where the Trainee completes the
qualification in the Training 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 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 purposes of any Parent
Award or any other legislative entitlements.
(g) (i) Traineeship
Agreement may restrict the circumstances under which the Trainee may work
overtime and
shiftwork in order to ensure the training program is successfully completed.
(ii) No Trainee shall work overtime or
shiftwork on their own unless consistent with the provisions of the Parent
Award.
(iii) No Trainee shall work shift work unless
the relevant parties to this Award agree that such shift work makes
satisfactory provision for Structured Training. Such training may be applied
over a cycle in excess of a week, but must average over the relevant period no
less than the amount of training required for non-shiftwork Trainees.
(iv) The Trainee wage shall be the basis for
the calculation of overtime and/or shift penalty rates prescribed by the Parent
Award.
(h) All other terms and conditions of the
Parent Award(s) that are applicable to the Trainee or would be applicable tot he
Trainee but for this Award shall apply unless specifically varied by this
Award. It is a specified condition of this award that clauses 10,11, 28, 29 and
30, of the Parent Award shall not apply to the employment of a Trainee.
(i) A Trainee who fails to either complete
the Traineeship or who cannot, for any reason, be placed in full-time
employment with the employer on successful completion of the Traineeship, shall
not be entitled to any severance payment.
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 provisions of this award shall apply to part-time Trainees except as
specified in this clause.
(k) A part-time Trainee may, by arrangement,
transfer from a part-time to a full-time Traineeship position should one become
available.
(l) The minimum daily engagement periods,
applying to part-time employees, specified in the Parent Award(s) 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
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 award, 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 a school student.
7. HOURS OF WORK
(1) The ordinary hours of work fro full-time
Trainees shall be an average of 40 per week, worked in accordance with the
following provisions:
(a) 160 hours in any four-week cycle. A
Trainee shall be entitled to a minimum of eight rostered days off per four-week
cycle.
(b) Notwithstanding the provisions of
subclause (a) of this clause, a Trainee shall not be required to work more than
ten hours on any given day.
(c) A Trainee who works in excess of 160
hours over a four week cycle, or 10 hours on any given day, shall be paid
overtime at the rate of time and one-half for each hour worked.
(d) The development of an appropriate roster
of hours and days on duty will be prepared by the employer, having regard to
the conditions and requirements of the training agreement. Broken periods may
be worked on days where the Trainee is required to attend courses or
instruction pursuant to the training agreement.
(e) An employee roster may be altered by mutual
consent at any time by amendment of the roster by the employer on no less than
seven days notice.
8. LOCOMOTION ALLOWANCE
(a) Where an employer provides a motor
vehicle for the use of a Trainee, all expenses arising out of the provision,
maintenance and operation of such vehicle shall be at the expense of the
employer.
(b) Where a Trainee is required to use his
or her own vehicle, by agreement, in the course of his or her employment, with
the authorisation of the employer, he or she shall, in addition to any other
entitlements under this award, be paid an allowance as set out in item 1 of
table 5 - Other Rates and Allowances Part B, Monetary Rates, per kilometre so
travelled, provided that the maximum locomotion allowance per week payable
pursuant to his clause shall be as set out in item 2 of the said table.
9. WAGES
Wages - Full-time Trainees
(a) The weekly
wages payable to full-time Trainees shall be as follows:
|
Industry/Skill Level A
|
Table 1
|
|
School-based Trainees
|
Table 2
|
(b) These wage rates will only apply to
Trainees while they are undertaking an approved Traineeship, which includes
Structured Training as defined in this Award.
(c) The wage rates prescribe by this clause
do not apply to complete trade level training, which is covered by the
Apprenticeship system.
The rates of pay in this award
include the third $8.00 per week arbitrated safety net adjustment under the
State Wage Case - April 1996 decision.
This arbitrated safety net adjustment may be offset to the extent of any
wage increase received at the enterprise level since 29 May 1991. Increases made under the previous State Wage
Case principles or under the current principles, excepting those resulting at
the enterprise level, are not to be used to offset arbitrated safety net
adjustments.
(d) The rates of pay in this award include
the adjustments payable under the State Wage Case of May 2000. These
adjustments may be offset against:
(i) any equivalent over award payments, and/or
(ii) award wage increases since 29 May 1991
other than safety net, State Wage Case and minimum rates adjustments.
(e) Appendix A sets out the skill level of a
Traineeship. The industry skill/levels contained in Appendix A are,
illustrative of the appropriate levels but are not determinative of the actual
skill levels (ie, 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 Parent Award contemplated by the
Traineeship.
In the event
that the parties disagree with such determination, it shall be open to any
party to the award to seek to have the matters in dispute determined by the
Industrial Relations Commission of New South Wales.
(f) For the purposes 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 each year.
Wages for Part-time
and School-based Trainees
(g) 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 undertaking the approved training at the same or lesser
training time than a full-time Trainee.
(h) Table 3 - Hourly Rates for Trainees who
have left school and Table 4 - Hourly Rates for School-based Traineeships of
Part B, 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 40-hour week.
(i) 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
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 an-the-job and off-the-job, and
the average proportion of time to spent in approved training is 20% (i.e. the
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.
(j) For Traineeships not covered by clause
9(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
32
*
*Note: 32 in the above formula
represent 40 ordinary full-time hours less the average training time for
full-time Trainees (i.e. 20%).
(i) "Full-time wage rate" means
the appropriate rate as set out in Table 1 - Industry/Skill Level A, Table 2 -
School Based Traineeships of Part B, Monetary Rates.
(ii) "Trainee Hours" shall be the
hours worked per week including the time spent in Structured Training. For the
purposes of this definition the time spent in Structured 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 Traineeship agreement or training agreement as follows:
Average
weekly training time = 8 x 12
length of the Traineeship in
months
Note 1: 8 in the above formula represents
the average weekly training time for a full-time Trainee whose ordinary hours
are per week.
Note 2: The parties note that the Traineeship
agreement will require a Trainee to be employed for sufficient hours to
complete all requirements of the Traineeship, including on the job work
experience and demonstration of competencies. The parties also note that this
would normally result in the equivalent of a full day's on the job work per
week.
10. GRIEVANCE PROCEDURES
(a) Procedures
relating to grievances of individual Trainees:
(i) A Trainee shall notify the employer as
to the substance of any grievance and request a meeting with the employer for
bilateral discussions in order to settle the grievance.
(ii) If no remedy to the Trainee's grievance
is found, then the Trainee shall seek further discussions and attempt to
resolve the grievance at a higher level of authority, where appropriate.
(iii) Reasonable time limits must be allowed for discussions at each
level of authority.
(iv) At the conclusion of the discussions, the
employer must provide a response to the Trainee's grievance, if the matter has
not been resolved, including reasons for not implementing any proposed remedy.
At this stage an employer or a Trainee may involve an industrial organisation
of employers or employees of which the Trainee is a member.
(v) If no resolution of the Trainee's grievance can be found,
then:
(i) if the dispute relates to issues of
training then the matter may be referred to the NSW Commissioner of Vocational
Training in accordance with the Industrial
and Commercial Training Act 1998; or
(ii) if the dispute relates to industrial
issues then the matter may be referred to the Industrial Relations Commission
of New South Wales by either the employer, an industrial organisation of
employers or a union representing the Trainee.
(vi) While this grievance procedure is being followed, normal work
shall continue.
(b) Procedures
relating to disputes, etc., between employers and their Trainees:
(i) A question, dispute or difficulty must
initially be dealt with at the workplace level where the problem has arisen. If
the problem cannot be resolved at this level, the matter shall be referred to a
higher level of authority.
(ii) If no resolution can be found tot he
question, dispute or difficulty, the
matter may be referred to the Industrial Relations Commission by any of the
parties to the dispute.
(iii) Reasonable time limits must be allowed
for discussion at each level of authority.
(iv) While a
procedure is being followed, normal work must continue.
(v) The employer may be represented by an
industrial organisation of employers and the Trainees may be represented by an
industrial organisation of employees for the purpose of each procedure.
11. AREA, INCIDENCE AND
DURATION
This award shall apply to all classes of Trainees who would
ordinarily be covered by the following awards:
Real Estate Industry (State) Award
excluding the County of Yancowinna
This award rescinds and replaces the Real Estate Industry
(State) Training Wage Award published 8 March 1996 (291 I.G. 164) and all
variations thereof.
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 Award
made by the Industrial Relations Commission of the New South Wales on 18
December 1998 (308 IG 307) take effect on and from 28 June 2001.
This award shall take effect from the beginning of the first
pay period to commence on or after 28 June 2001 and shall have a nominal term
of twelve months.
PART B
MONETARY RATES
TABLE 1A - Weekly Rates - Industry/Skill Level A
Where the accredited training course and work performed are
for the purpose of generating skills which have been defined for work at Skill
Level A
|
Highest Year of
Schooling Completed
|
|
School Leaver
|
Year 10
$
|
Year 11
$
|
Year 12
$
|
|
|
142.00 (50%)
165.00 (33%)
|
176.00 (33%)
198.00 (25%)
|
|
|
Plus 1 year out of School
|
198.00
|
241.00
|
249.00
|
|
Plus 2 years out of School
|
241.00
|
281.00
|
281.00
|
|
Plus 3 years out of School
|
|
327.00
|
327.00
|
|
Plus 4 years out of School
|
327.00
|
374.00
|
374.00
|
|
Plus 5 years or more
|
374.00
|
|
|
The above rated in Table 1A are payable from the first full
pay period on and after the 28th June 2001, and include the adjustments
payable under the State Wage cases of June 1998 and June 1999.
Figure in brackets indicate the average proportion of time
spent in approved training to which the associated wage rate is
applicable. Where not specified the
average proportion of time spent in structured training, which has been taken
into account in setting the rate, is 20 per cent.
TABLE 1B - Weekly Rates - Industry/Skill Level A
Where the accredited training course and work performed are
for the purpose 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 out of School
|
249.00
|
290.00
|
337.00
|
|
Plus 3 years out of School
|
290.00
|
337.00
|
386.00
|
|
Plus 4 years out of School
|
337.00
|
386.00
|
386.00
|
|
Plus 5 years or more
|
386.00
|
386.00
|
386.00
|
The average proportion of time spent in Structured Training,
which has to be taken into account in setting the above rates, is 20%.
The above rates in Table 1B are payable from 1 December
2001.
TABLE 2 - School-Based Traineeships
|
|
Year of Schooling
|
|
|
Year 11
$
|
Year 12
$
|
|
School based Traineeships Skill Levels A
|
187.00
|
205.00
|
The average proportion of time spent in structured training,
which has been taken into account in setting the rates, is 20 per cent.
|
|
Year 10
|
Year 11
|
Year 12
|
|
School leaver
|
5.84
|
6.40
|
7.78
|
|
1 year after leaving school
|
6.40
|
7.78
|
9.06
|
|
2 years +
|
7.78
|
9.06
|
10.53
|
|
3 years +
|
9.06
|
10.53
|
12.06
|
|
4 years +
|
10.53
|
12.06
|
|
|
5 years +
|
12.06
|
|
|
TABLE 4 - HOURLY RATES FOR SCHOOL BASED TRAINEESHIPS
|
|
Year of Schooling
|
|
|
Year 11
$
|
Year 12
$
|
|
Skills Levels A
|
5.84
|
6.40
|
|
Item
No
|
Clause
No.
|
Brief Description
|
Amount
$
|
|
1
|
8b
|
Locomotion allowance
|
0.53 per Kilometre so travelled
|
|
2
|
8b
|
Locomotion allowance - maximum
|
231.00 per week
|
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
R. J. PATTERSON, Commissioner.
____________________
Printed by the
authority of the Industrial Registrar.