COACHMAKERS, &c., RAIL (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 5672 of 2003)
|
Before Commissioner
Tabbaa
|
24 March 2004
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REVIEWED AWARD
1. Delete the
words "Vocational Training Board" in subparagraph (2) of paragraph
(ii) of clause 12 Apprenticeship, of the award published 25 January 2001 (321
I.G. 1110) and insert in lieu thereof the following:
"Vocational Training Tribunal"
2. Delete
paragraphs (i) (ii) and (iii) subclause (b) Contract of Employment, of clause
12, and insert in lieu thereof the following:
(b) Contract of
Employment -
(i) Every
contract of apprenticeship made after the publication of this award shall be in
accordance with the Apprenticeship and Traineeship Act 2001.
(ii) An employer,
apprentice or probationer, shall have the right to make application to the
Commissioner for Vocational Training on any matter affecting the
apprenticeship.
(iii) Subject to
the approval of the Commissioner for Vocational Training, but not otherwise, an
employer may transfer an apprentice and place the apprentice temporarily with
another employer for training purposes.
3. Delete the
words "the apprenticeship authority" in paragraph (i) of subclause
(c) of the said clause 12, and insert in lieu thereof the following:
"Commissioner for Vocational Training"
4. Delete the
words "appropriate apprenticeship authority" in paragraph (iii) of
subclause (d) of clause 12, and insert in lieu thereof the following:
"Commissioner for Vocational Training"
5. Delete the
words "Vocational Training Board" in subclause (e) of clause 12, and
insert in lieu thereof the following:
"Vocational Training Tribunal"
6. Delete
paragraph (iii) of subclause (e) of clause 12 and insert in lieu thereof the
following:
(iii) Where an
apprentice who received a credit towards the period of apprenticeship pursuant
to this subclause fails, in the opinion of the Vocational Training Tribunal, to
make satisfactory progress, the Vocational Training Tribunal may require the
apprentice to serve such additional period as it determines, not exceeding the
amount of the credit.
7. Delete
subclause (f) of clause 12, and insert in lieu thereof the following:
(f) Probationary
Period - A person desirous of becoming an indentured apprentice shall be first
employed as a probationer apprentice for three months, or for such longer
period, not exceeding six months in all, as the Commissioner for Vocational
Training may, on application by the employer, approve and where a probationer
becomes an indentured apprentice, the probationary period shall be counted as
part of the term of apprenticeship. An employer shall, within 14 days of
employing a probationer, notify the Commissioner for Vocational Training of the
employment of such probationer to any of the trades mentioned herein.
8. Delete
subparagraphs (a) and (b) of clause 12, and insert in lieu thereof the
following:
(a) Commissioner
for Vocational Training in the case of dismissal; or
(b) Commissioner
for Vocational Training in the case of suspension; or
9. Delete
subclause (l) of clause 12, and insert in lieu thereof the following:
(l) The
Commissioner - for the purposes of this award "The Commissioner"
shall mean the Commissioner for Vocational Training pursuant to the Apprenticeship
and Traineeship Act 2001.
10. Delete
paragraph (vi) and (vii) of subclause 19.4 of clause 19, Redundancy and Retrenchment Provisions, and
insert in lieu thereof the following:
(vi) Notice to
Centrelink - Where a decision has been made to terminate employees, the
employer shall notify Centrelink thereof as soon as possible, giving relevant
information, including the number and categories of the employees likely to be
affected and the period over which the terminations are intended to be carried
out.
(vii) Centrelink
Employment Separation Certificate - The employer shall, upon receipt of a
request from an employee whose employment has been terminated, provide to the
employee an Employment Separation Certificate in the form required by
Centrelink.
11. Delete the
words "Eight-Hour Day" in subclause (a) of clause 22 Holidays, and
insert in lieu thereof the following:
"Labour Day"
12. Delete
paragraph (vi) of subclause (b) of clause 30 Traineeships, and insert in lieu
thereof the following:
(vi) "The
union" shall mean The Automotive, Food, Metals, Engineering, Printing
& Kindred Industries Union.
13. Delete
subclause (f) and the "NOTE: See also section 38A of the Factories,
Shops and Industries Act 1962, and the exemptions thereunder" of
clause 36 Clothing, Equipment, Washing
Time and Tools, and insert in lieu thereof the following:
(f) The employer
shall provide and continuously maintain at a place or places reasonably
accessible to all employees an appropriate first aid outfit and appliances as
required by the Occupational Health & Safety Act 2000 and
Occupational Health and Safety Regulation 2001.
14. Delete
subclause (i) of clause 36, and insert in lieu thereof the following:
(i) Employers
shall provide adequate ventilation in workshops and facilities for the free
circulation of air (see also the Occupational Health & Safety Act
2000 and Occupational Health and Safety Regulation 2001).
15. Delete the
words "the Factories (Health and Safety - Spray Painting) Regulations
1977) in subclause (n) of clause 36, and insert in lieu thereof the following:
"the Occupational Health & Safety Act
2000 and Occupational Health and Safety Regulation 2001"
16. Delete the
words "The Automotive Metals and Engineering Union" in subclause (a)
and (c) of clause 38 Right of Entry, and insert in lieu thereof the following:
"The Automotive, Food, Metals, Engineering,
Printing & Kindred Industries Union"
17. Delete the
words "Metal and Engineering Industry New South Wales) Interim Award"
in subclause (2) of paragraph (f) onwards of clause 42, and insert in lieu
thereof the following:
(2)
(a) Exercise
discretion within the scope of this grade.
(b) Work under
general supervision either individually or in a team environment.
(c) Understand and
apply quality control techniques.
(d) Provide trade
guidance and assistance as part of a work team.
(e) Exercise trade
skills relevant to the specific requirements of the enterprise at a level
higher than a Rail Vehicle Tradesperson Level I.
(f) Understand
and implement occupational health and safety principles and procedures.
Tasks which
an employee at this level may perform are subject to the employee having the
appropriate trade and post trade training to enable them to perform particular
trades.
The skill standards prescribed for an Engineering
Tradesperson Level II in the Metal, Engineering & Associated Industries
(State) Award will be a guide.
Rail Vehicle Tradesperson Level V10 (110%) - A Rail Vehicle
Tradesperson Level III works above and beyond the level of a Rail Vehicle
Tradesperson Level II and to the level of his/her training.
A Rail Vehicle Tradesperson Level III is required to have
achieved a level of training and competence attained from the completion of:
six modules towards an appropriate post trade
certificate; or
six modules towards an appropriate advanced
certificate; or
six modules towards an appropriate Associate Diploma in
Engineering which can be utilised and applied to the vehicle manufacturing
industry.
A Rail Vehicle Tradesperson Level III in performing his/her
work must:
(1) Exercise the
skills attained through satisfactory completion of the training prescribed for
this classification in performing the following tasks:
(a) use of high
precision trade skills using various materials and/or specialised techniques;
(b) perform
operations on CAD/CAM terminal in the performance of routine modifications to
NC/CNC programmes;
(c) install,
repair and maintain, test, modify, commission and/or fault-find on prototype or
production vehicles and components which can utilise hydraulic and/or pneumatic
principles and in the course of such work is required to read and understand
hydraulic and pneumatic circuitry which controls fluid power systems;
(d) work on
complex or intricate circuitry which involves examining, diagnosing and
modifying systems comprising interconnected circuits;
(e) provide a
practical "hands on" interface between professional, sub professional
staff and tradespersons in developing, designing, commissioning, repairing,
modifying and implementing complex corrective measures to any prototype or
production vehicles and components.
(2)
(a) Provide trade
guidance and assistance as part of a work team.
(b) Assist in the
provision of training in conjunction with supervisors and trainers by utilising
personal communication skills together with adequate levels of attainment and
qualifications to competently present training instructions to others.
(c) Understand and
implement quality control techniques.
(d) Work under
limited supervision either individually or in a team environment.
(e) Understand and
implement occupational health and safety principles and procedures.
Tasks which an employee at this level may perform are subject
to the employee having the appropriate trade and post trade training to enable
them to perform particular tasks.
The skill standards prescribed for an Engineering
Tradesperson Level III in the Metal, Engineering & Associated Industries
(State) Award will be a guide.
Advanced Tradesperson - Rail Vehicle (115%) - An Advanced
Tradesperson works above and beyond the level of a Rail Vehicle Tradesperson
Level III and to the level of his/her training.
An Advanced Tradesperson is required to have achieved a level
of training and competence attained from the completion of:
an appropriate post trade certificate; or
nine modules towards an appropriate advanced
certificate; or
nine modules towards an appropriate Associate Diploma
in Engineering which can be utilised
and applied to the vehicle manufacturing industry.
An Advanced Tradesperson in performing his/her work must:
(1) Exercise the
skills attained through satisfactory completion of the training prescribed for
this classification in performing the following tasks:
work on machines or equipment which utilise complex
mechanical or hydraulic and/or pneumatic circuitry and controls or a
combination thereof;
work on machines or equipment which utilise complex
electrical electronic circuitry and controls;
work on instruments which make up a complex control
system which utilises some combination of electrical, electronic, mechanical or
fluid power principles;
apply advanced computer numerical control techniques in
machining, cutting, welding or fabrication;
exercise intermediate CAD/CAM skills the performance
of routine modifications to programs;
work on complex or intricate interconnected electrical circuits at a level
above Rail Vehicle Tradesperson Level III;
work on complex radio communication equipment.
NOTE: The post trade certificate referred to in this
definition is not directly comparable with existing post trade qualifications
and the possession of such qualifications does not in itself justify the
classification of a tradesperson to this level.
(2)
(a) Provide trade
guidance and assistance as part of a work team.
(b) Assist in the
provision of training in conjunction with supervisors and trainers by utilising
personal communication skills together with adequate levels of attainment and
qualifications to competently present training instructions to others.
(c) Understand and
implement quality control techniques.
(d) Work under
limited supervision either individually or in a team environment.
(e) Understand and
implement occupational health and safety principles and procedures.
Tasks which an employee at this level may perform are
subject to the employee having the appropriate trade and post-trade training to
enable them to perform particular tasks.
The skill standards prescribed for an Engineering
Tradesperson Level IV in the Metal, Engineering & Associated Industries
(State) Award will be a guide.
18. The changes
made to the award pursuant to the Award Review under section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 28 April 1999
(310 I.G. 359) take effect on and from 24 March 2004.
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
I. TABBAA, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.