AWU TRAINING WAGE (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The
Australian Workers' Union, New South Wales, industrial organisation of
employees for a new award.
(No. IRC 7501 of 2001)
Before The Honourable
Justice Wright, President
|
13 December 2001
|
AWARD
Arrangement
Clause No. Subject Matter
PART A
1. Title
2. Application
3. Objective
4. Definitions
5. Training Conditions
6. Employment Conditions
7. Wages
8. Grievance Procedures
9. Area, Incidence and Duration
10. Leave Reserved
PART B
Monetary
Rates
Table 1 - Weekly Rates -
Industry/Skill Level A
Table 2 - Weekly Rates -
Industry/Skill Level B
Table 3 - Weekly Rates -
Industry/Skill Level C
Table 4 - Weekly Rates- School
Based Traineeships
Table 5 - Hourly Rates for
Trainees Who Have Left School
Table 6 - Hourly Rates for
School-Based Traineeships
Appendix A -
Industry/Skill Levels
PART A
1. Title
This award shall be known as the AWU Training Wage (State)
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 9, 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 9.
(b) Notwithstanding
(a), this award shall apply provisionally for an interim period:
(i) Starting upon
the commencement date as recorded on a valid "Application to Establish a
Traineeship" signed by both the employer and the Trainee, which has been
lodged with the Relevant NSW Training Authority; and
(ii) Ending upon
the expiry of one calendar month period immediately following the employer’s
receipt of the Indenture Papers from the Relevant NSW Training Authority.
In any case, the duration for which this award may
provisionally apply shall be no longer than two calendar months, or such longer
period as may be required to accommodate a reasonable 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 9 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.
(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 Scheme and involves formal instruction, both
theoretical and practical, and supervised practice. The training reflects the
requirements of a Traineeship approved by the relevant NSW Training Authority
and leads to a qualification set out in clause 5(f).
Parent Award
means an award that applies to a Trainee, or that would have applied, but for
the operation of this award (see clause 9).
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 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 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, 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 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 II 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 ½ 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 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
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 to the Trainee but for this Award shall apply unless
specifically varied by this Award.
(i) A Trainee who
fails to either complete the Traineeship or who cannot, for any reason, be
placed in full time employment with the employer on successful completion of
the Traineeship, shall not be entitled to any severance payment.
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 award shall apply
to part time trainees except as specified in this clause.
(k) A part time
trainee may, by agreement, 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 5km 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 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. Wages
Wages - Full-Time Trainees
(a) The weekly
wages payable to full time trainees shall be as follows:
Industry/Skill Level A
|
Table 1
|
Industry/Skill Level B
|
Table 2
|
Industry Skill Level C
|
Table 3
|
School-Based Trainees
|
Table 4
|
(b) These wage
rates will only apply to Trainees while they are undertaking an approved
Traineeship which includes Structured Training as defined in this Award.
(c) The wage rates
prescribed by this clause do not apply to complete trade level training which
is covered by the Apprenticeship system.
(d) The rates of pay
in this award include the adjustments payable under the State Wage Case 2001.
These Adjustments may be offset against:
(i) any
equivalent overaward payments; and/or
(ii) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
(e) Appendix A
sets out the skill level of a Traineeship. The industry skill/levels contained
in Appendix A are, illustrative of the appropriate levels but are not
determinative of the actual skill levels (i.e., skill levels A, B or C) that
may be contained in a Traineeship. 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 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
(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 5 - Hourly
Rates for Trainees Who Have Left School and Table 6 - 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 38 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 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% (ie. 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.
(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.
(j) 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 (ie 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, Table 3-
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
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 = 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 the Parent 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 Traineeship 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 normally 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 relevant 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 work which is worked over two days of the week plus 1-1/2 hours
on the job training plus 2-1/2 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.
|
8. 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:
(1) if the dispute
relates to issues of training then the matter may be referred to the NSW
Commissioner for Vocational Training in accordance with the Industrial and Commercial Training Act
1989; or
(2) 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 to the question, dispute or difficulty, the matter may
be referred to the Industrial Relations Commission by any party to the dispute
or the industrial organisation representing any of the parties to the dispute.
(iii) Reasonable
time limits must be allowed for discussion at each level of authority.
(iv) While a
procedure is being followed, normal work must continue.
(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.
9. Area, Incidence and Duration
This award shall apply to all classes of trainees who would
ordinarily be covered by the following awards:
? Bowling
Clubs, &c., Employees (State) Award
? Chemical
Workers (State) Award
? Concrete
Pipe and Concrete Products Factories (State) Award
? Fish and
Fish Marketing (State) Consolidated Award
? Golf Clubs,
&c., Employees (State) Award
? Landscape
Gardeners, &c., (State) Award
? Nurseries
Employees (State) Award
? Nut Food
Makers (State) Award
? Pest
Control Industry (State) Award
? Poultry
Farm Employees (State) Award
? Race Clubs,
&c., Employees (State) Award
? Rock and Ore
Milling and Refining (State) Award
? Soap and
Candle Makers (State) Consolidated Award
? Strappers
and Stable Hands (State) Award
? Surveyors’
Field Hands (State) Award
? Gangers
(State) Award
The Crown Employees (Public Service Training Wage) Award 2000,
and any proper successor industrial instruments to that award, are exempted
from the coverage of this award.
This award shall take effect from the beginning of the first
pay period to commence on or after 13 December 2001 and shall have a nominal term
of twelve months.
10. Leave Reserved
Leave is reserved for an employer or union party to this
award to make application to vary a Parent Award to provide for traineeship
provisions for an industry otherwise within the scope of this award where the
peculiarities of a particular industry justify separate and different
traineeships for that industry.
PART B
MONETARY RATES
Table 1 ‑ 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
|
193.00
|
211.00
|
256.00
|
Plus 1 year out of school
|
211.00
|
256.00
|
298.00
|
Plus 2 years
|
256.00
|
298.00
|
346.00
|
Plus 3 years
|
298.00
|
346.00
|
396.00
|
Plus 4 years
|
346.00
|
396.00
|
396.00
|
Plus 5 years or more
|
396.00
|
396.00
|
396.00
|
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 ‑ Weekly Rates ‑ Industry/Skill Level B
Where the accredited training course and work performed are
for the purpose 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
|
193.00
|
211.00
|
246.00
|
Plus 1 year out of school
|
211.00
|
246.00
|
283.00
|
Plus 2 years
|
246.00
|
283.00
|
332.00
|
Plus 3 years
|
283.00
|
332.00
|
378.00
|
Plus 4 years
|
332.00
|
378.00
|
378.00
|
Plus 5 years or more
|
378.00
|
378.00
|
378.00
|
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 ‑ Weekly Rates ‑ Industry/Skill Level C
Where the accredited training course and work performed are for
the purpose 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
|
193.00
|
211.00
|
237.00
|
Plus 1 year out of school
|
211.00
|
237.00
|
266.00
|
Plus 2 years
|
237.00
|
266.00
|
298.00
|
Plus 3 years
|
266.00
|
298.00
|
333.00
|
Plus 4 years
|
298.00
|
333.00
|
333.00
|
Plus 5 years or more
|
333.00
|
333.00
|
333.00
|
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 4 ‑ School-Based Traineeships
|
Year of Schooling
|
|
Year 11
$
|
Year 12
$
|
School Based Traineeships Skill Levels A, B and C
|
193.00
|
211.00
|
The average proportion of time spent in structured training
which has been taken into account in setting the rates is 20 per cent.
Table 5 ‑ Hourly Rates for Trainees Who Have Left School
SKILL LEVEL A
|
|
|
|
|
Year 10
|
Year 11
|
Year 12
|
School leaver
|
6.35
|
6.94
|
8.42
|
1 year after leaving school
|
6.94
|
8.42
|
9.80
|
2 years +
|
8.42
|
9.80
|
11.38
|
3 years +
|
9.80
|
11.38
|
13.03
|
4 years +
|
11.38
|
13.03
|
|
5 years +
|
13.03
|
|
|
SKILL LEVEL B
|
|
|
|
|
Year 10
|
Year 11
|
Year 12
|
School leaver
|
6.35
|
6.94
|
8.09
|
1 year after leaving school
|
6.94
|
8.09
|
9.31
|
2 years +
|
8.09
|
9.31
|
10.92
|
3 years +
|
9.31
|
10.92
|
12.43
|
4 years +
|
10.92
|
12.43
|
|
5 years +
|
12.43
|
|
|
SKILL LEVEL C
|
|
|
|
|
Year 10
|
Year 11
|
Year 12
|
School leaver
|
6.35
|
6.94
|
7.80
|
1 year after leaving school
|
6.94
|
7.80
|
8.75
|
2 years +
|
7.80
|
8.75
|
9.80
|
3 years +
|
8.75
|
9.80
|
10.95
|
4 years +
|
9.80
|
10.95
|
|
5 years +
|
10.95
|
|
|
Table 6 ‑ Hourly Rates for School-Based Traineeships
|
Year of schooling
|
|
Year 11
|
Year 12
|
Skills Levels A, B and C
|
6.35
|
6.94
|
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
F. L. WRIGHT J,
President.
____________________
Printed by the authority of the Industrial Registrar.