THEATRICAL EMPLOYEES (TRAINING WAGE) (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by The Australian Workers' Union, New South Wales, industrial organisation of employees.

 

(No. IRC 4911 of 2002)

 

 

VARIATION

 

1.          Delete clause 2, Application, clause 4, Definitions, clause 5, Training Conditions, and clause 6, Employment Conditions, of the award published 8 February 2002 (331. I.G. 198) and insert in lieu thereof the following:

 

2.  Application

 

(a)        Subject to subclause (c) of this clause, and clause 9, Area, Incidence and Duration, this award shall apply to persons who are undertaking a traineeship (as defined) and is to be read in conjunction with the Parent Award (as defined).

 

(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 Commissioner for Vocational Training; and

 

(ii)        Ending at the time the employer is notified that the establishment of the traineeship has been approved, or at the end of the probationary period, whichever is the later.

 

(c)        The Parent Award 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 (c) 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. This award only applies to AQF IV traineeships when the AQF III traineeship in the training package is listed in Appendix A to this award. Further, this award also does not apply to any certificate IV training qualification that is an extension of the competencies acquired under a certificate III qualification which is excluded from this award due to the operation of this subclause.

 

NOTATION: - The abbreviation ‘AQF’ means Australian Qualification Framework.

 

(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.

 

4.  Definitions

 

Structured Training means that training which is specified in the Training Plan which is part of the Training contract registered with the relevant NSW Training Authority.  It includes training undertaken both on and off-the-job in a Traineeship 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 subclause (f) of clause 5, Training Conditions.

 

Parent Award means an award listed in clause 9, Area, Incidence and Duration, of this award, and any award subsequently listed in that clause.

 

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 contract registered with the relevant NSW Training Authority and is involved in paid work and structured training which may be on or off the job.  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 contract means an instrument which establishes a Traineeship under the Apprenticeship and Traineeship Act 2001(NSW).

 

Training Plan means a programme of training which forms part of a Training contract 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 contract or as notified to the trainee by the relevant NSW Training Authority in an accredited and relevant traineeship.

 

(b)        A Traineeship shall not commence until the relevant Training contract, has been signed by the employer and the trainee and lodged for registration with the relevant NSW Training Authority.

 

(c)        The employer shall ensure that the Trainee is permitted to attend the training course or program provided for in the Training contract and shall ensure that the Trainee receives the appropriate on-the-job training.

 

(d)        The employer shall provide a level of supervision in accordance with the Training contract 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 2½ 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 contract, earlier than the time specified in the Training contract then the traineeship may be concluded by mutual agreement.

 

(d)        A traineeship shall not be terminated before its conclusion, except in accordance with the Apprenticeship and Traineeship Act 2001 (NSW), 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 approved training in accordance with the Training contract.

 

(f)         Where the employment of a Trainee by an employer is continued after the completion of the traineeship period, such traineeship period shall be counted as service for the purposes of any Parent Award or any other legislative entitlements.

 

(g)

 

(i)         The Training contract 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 shiftwork unless the relevant parties to this Award agree that such shiftwork 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.

 

2.          Delete subclauses (c) and (d) of clause 7, Wages, of the award, and insert in lieu thereof the following:

 

(c)        Appendix A sets out the rate of pay or skill level of a Traineeship.  Where the actual traineeship is listed in Appendix A, the rate of pay or skill level in respect of the traineeship is determinative of the actual rate of pay or skill levels (i.e. skill levels A, B or C) that are contained in the Traineeship.  Where the traineeship is not listed in Appendix A, the skill levels in Appendix A are illustrative of the appropriate levels, but are not determinative of the actual skill levels. The determination of the appropriate rate of pay or 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.

 

(d)        The rates of pay in this award include the adjustments payable under the State Wage Case 2002. 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.

 

3.          Insert after subclause (j) of the said clause 7, the following new subclause (k):

 

(k)

 

(i)         Definition of Adult Trainee

 

An adult trainee for the purpose of this subclause is a trainee who would qualify for the highest wage rate in Industry/Skill Level A, B, or C if covered by that Industry/Skill Level.

 

(ii)        Wage Rates for Certificate IV Traineeships

 

(a)        Trainees undertaking an AQF IV traineeship shall receive the relevant weekly wage rate for AQF III trainees at Industry/Skill Levels A,B, or C as applicable with the addition of 3.8 per cent of that wage rate.

 

(b)        An adult trainee who is undertaking a traineeship for an AQF IV qualification shall receive the following weekly wage as applicable based on the allocation of AQF III qualifications:

 

Industry/Skill Level	First Year of	Second Year of
	Traineeship	Traineeship
Industry/Skill Level A	$426	$442
Industry/Skill Level B	$407	$422
Industry/Skill Level C	$360	$374

 

4.          Delete Part B, Monetary Rates, of the award and insert in lieu thereof the following:

 

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	200.00	219.00	265.00
Plus 1 year out of school	219.00	265.00	309.00
Plus 2 years	265.00	309.00	359.00
Plus 3 years	309.00	359.00	410.00
Plus 4 years	359.00	410.00	410.00
Plus 5 years or more	410.00	410.00	410.00

 

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	200.00	219.00	255.00
Plus 1 year out of school	219.00	255.00	294.00
Plus 2 years	255.00	294.00	345.00
Plus 3 years	294.00	345.00	392.00
Plus 4 years	345.00	392.00	392.00
Plus 5 years or more	392.00	392.00	392.00

 

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	200.00	219.00	247.00
Plus 1 year out of school	219.00	247.00	278.00
Plus 2 years	247.00	278.00	311.00
Plus 3 years	278.00	311.00	347.00
Plus 4 years	311.00	347.00	347.00
Plus 5 years or more	347.00	347.00	347.00

 

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	200.00	219.00

 

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 5 - Hourly Rates for Trainees who have left School

 

	YEAR 10	YEAR 11	YEAR 12
SKILL LEVEL A	$	$	$
School leaver	6.58	7.20	8.72
Plus 1 year after leaving school	7.20	8.72	10.16
Plus 2 years	8.72	10.16	11.81
Plus 3 years	10.16	11.81	13.49
Plus 4 years	11.81	13.49	13.49
Plus 5 years or more	13.49	13.49	13.49
SKILL LEVEL B
School leaver	6.58	7.20	8.39
Plus 1 year after leaving school	7.20	8.39	9.67
Plus 2 years	8.39	9.67	11.35
Plus 3 years	9.67	11.35	12.89
Plus 4 years	11.35	12.89	12.89
Plus 5 years or more	12.89	12.89	12.89
SKILL LEVEL C
School leaver	6.58	7.20	8.13
Plus 1 year after leaving school	7.20	8.13	9.14
Plus 2 years	8.13	9.14	10.23
Plus 3 years	9.14	10.23	11.41
Plus 4 years	10.23	11.41	11.41
Plus 5 years or more	11.41	11.41	11.41

 

Table 6 - Hourly Rates for School-Based Traineeships

 

	Year of Schooling
	Year 11	Year 12
	$	$
Skills levels A, B and C	6.58	7.20

 

5.          This variation shall take effect from the first full pay period to commence on or after 6 September 2002.

 

 

 

F. L. WRIGHT  J, President.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.