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New South Wales Industrial Relations Commission
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DAIRYING INDUSTRY EMPLOYEES (STATE) AWARD
  
Date02/07/2003
Volume338
Part3
Page No.
DescriptionVIRC - Variation by Industrial Relations Commission
Publication No.C1628
CategoryAward
Award Code 278  
Date Posted02/06/2003

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(278)

SERIAL C1628

 

DAIRYING INDUSTRY EMPLOYEES (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)

 

Before The Honourable Justice Wright, President

6 September 2002

 

VARIATION

 

1. Delete subclauses (a) Application, (d) Definitions, (e) Training Conditions, and (f) Employment Conditions of clause 27, Training Wage, of the award published 4 May 2001 (324. I.G. 474) and insert in lieu thereof the following:

 

(a) Application

 

(a) Subject to paragraph (c) of this subclause, and clause 28, Area, Incidence and Duration, this clause shall apply to persons who are undertaking a traineeship (as defined) and is to be read in conjunction with this award.

 

(b) Notwithstanding (a), this clause shall apply provisionally for an interim period:

 

(i) Starting upon the commencement date as recorded on a valid "Application to Establish a Traineeship" signed by both the employer and the Trainee, which has been lodged with the 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) This award or any former industrial agreement of the Industrial Relations Commission of New South Wales shall apply, except where inconsistent with this clause.

 

(d) Notwithstanding the foregoing, this clause shall not apply to employees who were employed by an employer under this award referred to in paragraph (a) of this subclause prior to the date of approval of a traineeship relevant to the employer, except where agreed upon between the employer and the relevant union(s).

 

(e) This clause does not apply to the apprenticeship system or any training program which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at 27 April 1998, or in an award that binds the employer. This clause only applies to AQF IV traineeships when the AQF III traineeship in the training package is listed in Table 4-Training Wage Rates to this award. Further, this clause 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 clause due to the operation of this subclause.

 

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

 

(f) At the conclusion of the traineeship, this clause shall cease to apply to the employment of the trainee and the rest of this award shall apply to the former trainee.

 

(d) 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 paragraph (f) of subclause (e) of this clause.

 

Relevant Union means a union party to the making of this 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.

 

Traineeship means a system of training which has been approved by the relevant NSW Training Authority, and includes full time 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.

 

Relevant NSW Training Authority means the Department of Education and Training, or successor organisation.

 

Year 10 - For the purposes of this clause, any person leaving school before completing Year 10 shall be deemed to have completed Year 10.

 

(e) 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 Traineeship 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.

 

(f) 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 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 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 this 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 this award.

 

(h) All other terms and conditions of this award shall apply.

 

(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.

 

2. Insert after paragraph (d) of subclause (g) Wages, of clause 27, the following new paragraph:

 

(e) 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.

 

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:

 

First Year Of Traineeship

Second Year Of Traineeship

$426

$442

 

3. Delete Table 4 - Training Wage Rates, of Part B, Monetary Rates, and insert in lieu thereof the following:

 

Table 4 - Training Wage Rates - Industry/Skill Level C

 

(a) The following Traineeships shall be paid in accordance with Table 4 below:

 

Rural Skills (Dairy Production) Certificate II

Rural Skills (Dairy Production) Certificate III

Rural Skills (Milk Harvesting) Certificate II

Rural Skills (Milk Harvesting) Certificate III

 

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

184.00

219.00

257.00

Plus 1 year out of school

252.00

292.00

342.00

Plus 2 years

292.00

342.00

389.00

Plus 3 years

342.00

389.00

418.00

 

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

 

Notation: - The parties to this award have agreed that the above rates shall be adjusted from time to time by the quantum of the increases awarded to Industry/Skill Level C rates in the National Training Wage Award 2000, as varied, or any successor industrial instrument.

 

(b) See subparagraph (e) of subclause (g) of clause 27 Training Wage for trainees undertaking the following AQF IV traineeships: -

 

Rural Skills (Dairy Production) Certificate IV

Rural Skills (Milk Harvesting) Certificate IV

 

4. This variation shall take effect from the first full pay period to commence on or after 1 December 2002.

 

 

 

F. L. WRIGHT J, President.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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