HUNTER GROUP TRAINING (BUILDING APPRENTICES AND TRAINEES) CONSENT AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1078 of 2001)
|
Before Commissioner
O'Neill
|
6 August 2001
|
REVIEWED AWARD
1. ARRANGEMENT
Clause No. Subject Matter
1. Arrangement
2. Application of Apprenticeship/Traineeship
Awards and Industry Awards
3. Contract of Apprenticeship
4. Hours of Work
5. Individual Performance and Counselling
Procedures
6. Disciplinary Code and Suspension
Procedure
7. General Dispute Settlement Procedure
8. Jury Service
9. Blood Donor Leave
10. Sick Leave
11. Workers' Compensation and Rehabilitation
12. Family, Parental and Bereavement Leave
13. Special Leave
14. Personal/Carer's Leave
15. Union Membership
16. Occupational Health and Safety
17. Amenities
18. Superannuation
19. Award
Information
20. Anti-discrimination
21. Area
Incidence and Duration
22. Signatory
Page
Appendix
1 Occupational Rehabilitation Policy
and Program
Appendix
2 Indenture of Apprenticeship -
Conditions and Covenants
Appendix 3 Apprentice/Trainee
Information Booklet
2. Application of
Apprenticeship/Traineeship Awards and Industry Awards
Apprentices/trainees engaged by HGT are subject to rates of
pay and conditions applying to apprentices in their respective building and
construction trades awards listed in clause 21, Area, Incidence and Duration.
It is recognised that differing rates of pay and conditions
exist in the building and construction industry as defined. Enterprise and project specific awards may
exist with nominated host trainers or projects where apprentices/trainees are
placed. HGT apprentices/trainees are
entitled to any site benefit as is applicable to the host employers' other
employees on the respective projects/sites, including but not limited to tool,
special/disability and meal allowances.
Where this award is silent on any matter, the relevant award provisions
shall prevail.
3. Contract of
Apprenticeship
The contract of apprenticeship shall be in accordance with
the provisions of the Industrial Relations Act 1996 and the Industrial and
Commercial Training Act 1989, and shall follow all conditions and covenants of
indenture of apprenticeship (see
Appendix 2 - Indenture of Apprenticeship- Conditions and Covenants).
Apprentices/trainees may be engaged in the following
categories:
(A) Apprentices/trainees
hired out by HGT to host trainers: Category
A-
(i) Apprentices/trainees may be
employed on work sites where the apprentice is hired by HGT to a host
trainer.
(ii) Apprentices/trainees
will be paid according to the appropriate award and/or enterprise and/or
project agreement applicable to the host trainer's work site when so engaged.
(iii) Conditions of
work attached to the appropriate award and/or enterprise and/or project
agreement will apply, including living away from home/accommodation provisions.
(B) Apprentices/trainees
engaged in an HGT training establishment or on a project: Category B -
(i) Apprentices/trainees
may be directed to a training establishment where the apprentice is under the
training supervision of HGT.
(ii) A training
establishment shall include a workshop or other location which has a structured
training system in operation where apprentices/trainees undertake meaningful
work on appropriate projects, e.g., HGT training centre, Adamstown.
(iii) A training
project shall include locations where on-site building knowledge and skills are
applied, e.g., restoration of heritage buildings, construction of training
cottages or community projects.
(C) Apprentices/trainees
attending TAFE: Category C-
Apprentices/trainees attending TAFE are to be paid for
such attendance as verified by TAFE.
This action will then entitle the host trainer or HGT to claim any
appropriate rebates for such attendance.
(D) Transfer
Between Categories -
(i) Transfer
between categories will be arranged by HGT according to the availability of
reimbursable host work sites or project locations and training requirements.
Apprentices/trainees transferred from time to time will do so according to the
procedures as prescribed.
(ii) Apprentices/trainees
engaged under the terms of this award shall be prepared to accept training
placements with host trainers on construction sites and/or workshops when such
a placement is arranged by HGT.
(iii) In the event
that an apprentice/trainee is not prepared to accept such a placement, then the
matter shall be regarded as being a dispute and the procedure as set out in
clause. 5, Individual Performance and Counselling Procedures, shall be
followed.
(E) Apprentices/Trainees
Disengaged from Category A Placements
(i) The host trainer
is to notify HGT as soon as possible of an inability to provide further
training employment to the apprentice.
Upon such notification, and effective from the last possible date of
employment, HGT is to endeavour to find an alternative host trainer or arrange
for continued training employment of the apprentice in house.
(ii) If HGT is
unable to provide training employment, a two-weeks extended period of notice of
stand down will be notified to the apprentice/trainee. HGT will take immediate steps to discuss
with the apprentice and/or parent/guardian and/or union representative, the
desirability of proceeding on untaken annual leave or consideration that the
parties may, by agreement, enter a period of leave without pay which shall not
exceed three months. Such arrangement
shall be voluntarily entered into between the parties and clearly state the
commencement and termination dates of such agreement.
(iii) Such
agreement shall be in writing, and three copies are to be made: a copy to be
retained by HGT, a copy to be forwarded with considerable care and urgency to
the Apprenticeship Directorate for notation by the appropriate Apprenticeship
Committee, Commissioner or Director, and a copy to be handed to the
apprentice/trainee and their representative.
(iv) During this
extended notice of stand-down period, HGT is to guarantee the payment of ten
days wages plus all other entitlements due.
The HGT management reserves the right to pay additional days where there
is a second or subsequent period of notice of stand-down or in cases where
hardship is involved.
(v) Should any
apprentice not be prepared to voluntarily proceed on accredited annual leave or
leave without pay, HGT is entitled to seek a hearing before the Commissioner
for Vocational Training, for determination of the indenture based on proven
shortage or on the lack of training opportunity in Categories A and B in this
award, subject to HGT consulting with the appropriate parties on the reasons
for such action.
(F) Abandonment
of Employment
Where the apprentice/trainee is absent from work for a
continuous period of five working days without notification and without
reasonable cause (with the onus of proof being on the apprentice), the
apprentice may be regarded as having abandoned employment and the matter shall
be referred to the Department of Education and Training (DET) training officer.
(G) Early
Completion of Indenture
The DET training officer shall liaise with the HGT on
matters pertaining to any individual apprenticeship, including the possibility
of the early completion of an indenture period. HGT will assist in applications to declare the apprenticeship
completed before time when all requirements have been met.
4. Hours of Work
(a) Ordinary
Hours of Work:
Ordinary hours of work shall be an average of 38 hours
per week, Monday to Friday, inclusive.
A host trainer may require an employee to work outside normal hours,
including staggered shifts and weekend work, at the appropriate rate of pay.
(b) Rostered
Days Off (RDOs):
Apprentices/trainees are entitled to RDOs as per their
industry award whilst engaged in a Category A and B placement.
Apprentices/trainees whilst engaged in Category C where they are required to
attend TAFE on their prescribed RDO shall take the next non-training day
available that is convenient to both the apprentice/trainee and HGT and this
day will be the substituted day off in lieu of the prescribed day.
5. Individual
Performance and Counselling Procedures
HGT will regularly provide progress reports of performance
to each apprentice/trainee. Positive
feedback will be given where individual learning performance is up to
expectations. Where performance is
below expectations and/or an individual performance issue arises between the
apprentice/trainee and their supervisors, the following procedures shall
prevail:
(a) HGT will
formally raise the lack of performance or the disputed issue with the
apprentice and provide appropriate counselling; or
(b) the
apprentice/trainee will raise
an issue with
their supervisor.
If unresolved, then
(c) HGT or the
apprentice/trainee will raise the matter with a parent/guardian or union and a
conference of these parties will attempt to resolve the matter.
If still unresolved, then
(d) the matter is
taken by any party to be further dealt with under clause 6, Disciplinary Code
and Suspension Procedure.
6. Disciplinary Code
and Suspension Procedure
An apprentice/trainee may be suspended by HGT and be without
pay during such period of suspension for the following reasons:
(a) General
misconduct, etc. -
(i) First offence
- An apprentice/trainee shall be counselled under the individual performance
procedure and may be cautioned and shall be told that this caution will be
noted on his/her history card.
(ii) Second
offence - An apprentice/trainee may be suspended for a period not exceeding ten
working days (without pay). Time lost
by such suspension shall be made up at the end of each year (refer to Appendix
2 - Indenture of Apprenticeship - Conditions and Covenants).
(b) When HGT
suspends an apprentice/trainee, the suspension shall be affected by the handing
or delivering to the apprentice/trainee a notice in writing specifying:
(i) particulars
of the misconduct; and
(ii) the period of
suspension without pay.
(c) HGT shall
forward a copy of the notice to the DET training officer and to the
parent/guardian of the apprentice (if possible) on the same day as the notice
is handed or delivered to the apprentice.
(d) HGT may apply,
pursuant to the Commissioner for Vocational Training under the Industrial and
Commercial Training Act 1989, for cancellation of the indenture of any
apprentice bound to the company where it is considered good cause to do so
exists.
(e) Any caution or
suspension pursuant to this clause shall be carried out by a staff supervisor
or more senior HGT officer.
(f) Any
suspension not affected in accordance with this award shall be invalid.
(g) Appeal right
of the apprentice/trainee - An
apprentice/trainee charged or suspended is entitled to apply to DET by letter
to have the charge waived or suspension varied or set aside.
7. General Dispute
Settlement Procedure
A disputes committee comprising an HGT representative, the
appropriate union representative and a representative of the host trainer (if a
Category A matter is involved in the disputed matter) shall be constituted to
deal with particular disputes. For the
purpose of this clause, a "dispute" is defined as any matter which
directly involves the signatories and is related to this award. The disputes committee shall not determine
matters of suspension or cancellation of an apprentice's indenture of
apprenticeship.
The procedure is that:
(a) HGT will raise
the matter with the appropriate union; or
(b) Host
trainer/HGT to raise the matter with the appropriate union; or
(c) NTHC/union to
raise the matter with HGT.
(d) The disputes
committee as constituted, will then attempt to resolve the dispute, and
(e) If the parties
fail to resolve the dispute in accordance with the above procedures, they shall
notify the dispute to the Industrial Relations Commission of New South Wales.
8. Jury Service
An apprentice/trainee required to attend for jury service
shall be reimbursed by HGT an amount equal to the difference between the amount
paid in respect of the attendance for such jury service and the ordinary rate
of pay which would have been payable in respect of the ordinary time he/she
would have worked if not attending for jury service.
9. Blood Donor Leave
An apprentice/trainee who attends a blood bank may do so
without deduction of ordinary pay, provided the prior agreement of the
apprentice's/trainee's immediate supervisor has been obtained.
10. Sick Leave
(a) HGT will
credit each apprentice/trainee with their full entitlement of sick leave in
accordance with their industry award upon their commencement with HGT. Sick leave claimed will be paid, subject to:
(i) Notification
to HGT or the host trainer by the apprentice/trainee or their nominee as early
as possible on the day of absence.
(ii) Provision of
proof, satisfactory to HGT, that he/she was unable, on account of such illness
or incapacity, to attend for duty on the day(s) for which such leave is
claimed.
(b) An
apprentice/trainee shall accrue and be entitled to sick leave in accordance
with that specified in the industry award appropriate to the
apprentice/trainee.
11. Workers'
Compensation and Rehabilitation
(a) Workers'
Compensation
(i) HGT shall effect
a valid workers' compensation policy for all apprentices and trainees,
including those trainees engaged under labour market programs.
(ii) HGT shall
ensure workers' compensation payments are made on normal paydays.
(iii) Where an
employee provides medical certification for fitness to perform suitable duties,
HGT shall ensure that such duties are provided.
(iv) All host
trainers are defined as employers for the purposes of the Workers Compensation
Act 1987, and are therefore required to ensure they have a valid policy of
workers' compensation insurance.
(b) Rehabilitation
A rehabilitation co-ordinator for HGT will be nominated
to implement rehabilitation and return to work plans.
12. Families,
Parental and Bereavement Leave
The appropriate award provisions shall apply.
13. Special Leave
An apprentice, upon prior notification to HGT, may be
granted special leave without payment of ordinary pay. Any special leave so approved and taken will
be added to the term of the apprenticeship in accordance with the provisions as
set out in Appendix 2 - Indenture of Apprenticeship - Conditions and Covenants.
14. 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 the relevant parent award, 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 step child, 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 purposes of this
subparagraph:
(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 the said 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 the 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.
15. Union Membership
Apprentices/trainees shall be encouraged to become and
remain financial members of the appropriate union during their period of
employment with HGT.
16. Occupational
Health and Safety
The provisions of the Occupational Health and Safety Act
1983 shall apply to all apprentices and trainees. Apprentices and trainees, before proceeding on Category A
engagement, shall be trained in safety awareness and inducted to the standard
as prescribed in the Building and Construction Industry Induction (WorkCover
NSW accredited) course. A general
induction, including occupational health and safety, shall be provided to all
apprentices.
17. Amenities
Whilst engaged in Category A training activity, the
WorkCover code on amenities shall be applied to apprentices/trainees.
HGT shall ensure the provision of award standard amenities
for apprentices/trainees engaged in Category B.
18. Superannuation
Apprentices/trainees shall be entitled to a superannuation
contribution of the statutory percentage.
Appropriate superannuation schemes such as C+BUS, NESS or other approved
funds, as agreed between the employer and the union, shall cover each eligible
apprentice and trainee.
19. Award Information
A copy of this award shall be provided by HGT to each
apprentice/trainee. Together with other relevant information, including HGT's
administrative procedures, a booklet will be supplied to each new
apprentice/trainee upon induction to the Group Scheme. Each apprentice/trainee shall sign a
declaration that they have sighted the contents of this award. (See Appendix 3 - Apprentice/Trainee
Information Booklet.)
20.
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 the legislation referred to in this clause.
NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in the 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."
21. Area, Incidence
and Duration
This award shall apply to all apprentice trades and trainees
indentured or engaged by, or under the control of, Hunter Group Training Limited
(HGT) and on all work and projects undertaken by HGT.
This award is designed to assist HGT in continuing to
function as an entity and to fulfil its role of apprenticeship training as
intended by the New South Wales Government and the Australian Government.
The award shall apply to the respective classifications
covered by the following awards:
Building and Construction Industry (State) Award published
31 August 2001 (327 I.G. 279), as varied;
Electrical Contracting Industry (State) Award published 15 September 2000 (318 I.G. 645), as
varied;
Metal, Engineering and Associated Industries Award published
8 June 2001 (325 I.G. 209), as varied;
Plumbers and Gasfitters (State) Award published 25 February
2000 (313 I.G. 709).
This award shall apply in conjunction with these awards.
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and replaces the Hunter Group Training
(Building Apprentices and Trainees) Consent Award 1997 published on 2 October
1998 (306 I.G. 917).
The award published 2 October 1998 took effect from the
first full pay period to commence on or after 20 October 1997.
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 6 August 2001.
This award remains in force until varied or rescinded, the
period for which it was made already having expired.
22. Signatory Page
Signed for and on behalf of:
Hunter Group Training Limited;
Construction, Forestry, Mining and Energy Union
(Construction and General Division), New South Wales Branch;
Automotive, Food, Metals, Engineering, Printing and Kindred
Industries Union, New South Wales Branch;
Electrical Trades Union of Australia, New South Wales
Branch;
The New South Wales Plumbers and Gasfitters Employees'
Union, and
Newcastle Trades Hall Council.
Appendix 1 - Occupational Rehabilitation Policy and Program
(1) Hunter Group
Training Limited is committed to:
(a) Providing a
healthy and safe working environment and preventing accidents.
(b) Ensuring that
the rehabilitation process is started, as soon as possible after injury, in a
manner consistent with medical judgement.
(c) Ensuring that
returns to work as soon as possible after an injury is a normal practice and
expectation.
(d) Providing
alternative or appropriate duties for an injured person as an important part of
rehabilitation.
(e) Consulting
with employees, or their representatives, to ensure that rehabilitation
programs operate effectively.
(f) Ensuring that
no injured worker will be in any way disadvantaged whilst undertaking rehabilitation.
(2) In order to
implement the stated policy, Hunter Group Training Limited has adopted the
following procedures:
(a) The designated
HGT rehabilitation co-ordinators are Mr Colin Wallace, Mr Robert McEwan
Hunter Group Training Ltd
116 Garden Grove Parade
Adamstown Heights
NSW 2289
Telephone: (02)
49527444
Fax: (02) 49528070
(b) The following
accredited rehabilitation provider will assist in the rehabilitation of those
workers who suffer a workplace injury or illness:
Newcastle Rehabilitation Service
11 Lambton Road
Broadmeadow NSW
2292
Telephone:
(02) 4969 6067
(c) The following
steps will be taken:
(i) Develop
individual rehabilitation plans for injured workers.
(ii) Make sure
that each rehabilitation case is properly managed.
(iii) Approve each
rehabilitation program before the provider starts the said program.
(d) The provision of suitable alternative or
appropriate duties will be managed as follows:
(i) Initial
discussions will be held as necessary between the rehabilitation provider, the
HGT rehabilitation co-ordinator, the injured worker, treating doctor, company
doctor and the appropriate union.
(ii) In
consultation with the injured worker, suitable duties will be arranged in the
HGT office or training centre.
(iii) Such duties
shall be specified (in writing) by: job description; hours to be worked;
remuneration; and anticipated time span.
(e) Apprentices/trainees
will be regularly informed of their rights and responsibilities and about HGT policies
on rehabilitation. Employees will be
informed and consulted through the following mechanism:
(i) HGT will
provide regular lectures by both company staff and visiting lecturers to
workers on their rights and responsibilities.
(ii) The HGT field
officer and HGT staff will inform workers about their rights and
responsibilities during individual counselling sessions.
(iii) Submissions
and suggestions from workers can be made individually or collectively to HGT
staff at any time or through the HGT workplace occupational health and safety
committee.
(iv) All employees
will be provided with a copy of HGT's safety instructions.
(f) Any disputes
over any rehabilitation matter will be handled by discussion between
management, the rehabilitation provider and co-ordinator, the worker and a
worker's representative from the appropriate union. Any dispute unable to be resolved in this manner will be
referred to the Department of Industrial Relations.
(g) These policies
and procedures are effective from 1 July 1997.
(h) These policies
and procedures will be reviewed within 12 months from their date of
introduction and regularly thereafter.
(i) These
policies and procedures may be reviewed and amended at any time, subject to
discussion and award between HGT management, the rehabilitation provider and
co-ordinator, and the workers or their appropriate union representative.
The policies and procedures herein are approved and
agreed by:
HGT Executive Officer and the Secretary, NTHC.
Appendix 2 - Indenture of Apprenticeship - Conditions and
Covenants
(1) The apprentice
binds himself/herself for the true performance of all the covenants and awards
as set out below.
(2) The employer
of an apprentice shall:
(a) take all reasonable
steps to cause the apprentice to be instructed in the skills of the declared
trade in which he or she is an apprentice; and
(b) provide all
necessary facilities to ensure that the apprentice receives appropriate
practical training in that trade; and
(c) take all
reasonable steps to enable the apprentice to undertake and complete the
required course of studies and the required course of on-the-job training
for that trade; and
(d) give the
apprentice all reasonable opportunities to receive such other instruction or
training as may be necessary to enable the apprentice to learn the skills of
that trade; and
(e) discharge his
or her obligations as an employer of the apprentice.
(3) The indenture
shall be read subject to, and so as to require compliance by the parties hereto
with, the provisions of the Industrial and Commercial Training Act 1989 and
regulations made thereunder and with any vocational training order made by the
Industrial and Commercial Training Council.
(4) An apprentice
shall:
(a) make all
reasonable efforts to acquire the skills of the trade in which he or she is an
apprentice; and
(b) accept all
instruction and training in that trade given to the apprentice by or on behalf
of the employer; and
(c) make all
reasonable efforts to complete the required course of studies and the required
course of on-the-job training for that trade; and
(d) discharge his
or her obligations as an employee of the employer.
(5) For every day
that an apprentice is absent from work during any year of the said term without
the consent of the employer, extra day(s) shall be served at the end of the
calendar period of any such year of the apprenticeship if required to do so by
the employer and the calendar period of the next succeeding year of the apprenticeship
shall be deemed not to begin until the additional day or days have been served.
Provided that, in calculating the extra time to be so
served, the apprentice shall be credited:
(a) with time (on
an hourly basis) worked in excess of
the ordinary hours of service; and
(b) with time when
the apprentice is absent from work during a period of annual leave or sick
leave (including accumulated sick leave) to which the apprentice is entitled or
when absent on public holidays or on any other day given as special leave by
the employer or to which the apprentice is entitled.
Provided further that the apprentice, if required to do
so by the employer, shall make up all time lost by the suspension of the
employment or the contract of apprenticeship of the apprentice and time lost
when absent from duty due to accident or injury arising out of or in the course
of employment (workers' compensation causes).
(6) It is hereby
agreed and declared between the parties hereto:
(a) That this
indenture shall not be cancelled, assigned, suspended or varied, except in
accordance with the provisions of the Industrial and Commercial Training Act
1989.
Reprinted from the Indenture of Apprenticeship issued
by the Industrial and Commercial Training Council of New South Wales under the
Industrial and Commercial Training Act 1989.
Appendix 3 - Apprentice/Trainee Information Booklet
Name:
Address:
Trade/Traineeship:
I hereby acknowledge that:
(a) have read the
content of my Apprentice Information booklet.
(b) I am aware of
my obligations as an employee of Hunter Group Training Limited.
(c) Any failure on
my part to conform with the conditions of employment or any other requirement set
out in this booklet, as may be amended from time to time, may lead to the
termination of my employment with HGT.
Signature: _______________________________
Date: ___________________________________
NOTE: This signed
copy is to be completed, and then removed from the Administration Procedures
and Information booklet and given/sent to HGT Limited.
B. W. O'NEILL,
Commissioner
____________________
Printed by the authority of the Industrial Registrar.