DAIRYING INDUSTRY EMPLOYEES (STATE) AWARD
COMMISSION OF NEW SOUTH WALES
Application by The
Australian Workers' Union, New South Wales, industrial organisation of
(No. IRC 4911 of 2002)
Before The Honourable
Justice Wright, President
6 September 2002
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) 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.
(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
(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.
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
(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
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
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
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
(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
(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
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.
(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
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
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
(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.
(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
(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
(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
(e) Definition of Adult
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
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
First Year Of
Second Year Of
3. Delete Table 4
- Training Wage Rates, of Part B, Monetary Rates, and insert in lieu thereof
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
Highest year of
Plus 1 year out of school
Plus 2 years
Plus 3 years
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.
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
F. L. WRIGHT J,
the authority of the Industrial Registrar.