PORT WARATAH COAL SERVICES LIMITED (TRAINEESHIP) (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 4586 of 2004)

 

 

REVIEWED AWARD

 

Clause No.          Subject Matter

 

PART A

 

1.         Title

2.         Definitions

3.         Training Conditions

4.         Employment Conditions

5.         Wages

6.         Personal/Carer's Leave

7.         Disputes Settlement Procedure

8.         Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Trainees’ Weekly Wage - up on and from 4 June 2004

 

PART A

 

1.  Title

 

This award shall be known as the Port Waratah Coal Services Limited (Traineeship) (State) Award.

 

2.  Definitions

 

2.1        "Approved Training" means training undertaken (both on or off the job) in a traineeship and shall involve formal instruction, both theoretical and practical, and supervised practice in accordance with a traineeship scheme approved by the relevant State Training Authority or the Department of Education and Training.  The training will be accredited and lead to qualifications as set out in paragraph 3.6.1 of subclause 3.6 of clause 3, Training Conditions.

 

2.2        "Trainee" means an employee who is bound by a traineeship agreement made in accordance with this award.

 

2.3        "Traineeship" means a system of training which has been approved by the relevant State Training Authority, or which has been approved on an interim basis by the Department of Education and Training, until final approval is granted by the relevant State Training Authority.

 

2.4        "Traineeship Agreement" means an agreement which is made subject to the terms of this award between an employer and the trainee for a traineeship and which is registered with the relevant State Training Authority, the Department of Education and Training or under the provision of the appropriate State legislation.  A traineeship agreement shall be made in accordance with the relevant approved traineeship scheme and shall not operate unless this condition is met.

 

2.5        "Traineeship Scheme" means the traineeship applicable to trainees of Port Waratah Coal Services Limited.

 

2.6        "Appropriate State Legislation" means the Vocational Education and Training Accreditation Act 1990.

 

3.  Training Conditions

 

3.1        The trainee shall attend an approved training course or training program prescribed in the traineeship agreement.

 

3.2        The traineeship shall not commence until the relevant traineeship agreement, made in accordance with the traineeship scheme, has been signed by the employer and the trainee and lodged for registration.

 

3.3        Port Waratah Coal Services Limited shall ensure that the trainee is permitted to attend the training course or program provided for in the traineeship agreement and shall ensure that the trainee receives the appropriate on-the-job training.

 

3.4        Port Waratah Coal Services Limited shall provide a level of supervision in accordance with the traineeship agreement during the traineeship period.

 

3.5        Port Waratah Coal Services Limited agrees that the overall training program will be monitored by officers of the relevant State Training Authority or the Department of Education and Training and that training records or work books may be utilised as part of this monitoring process.

 

3.6        Training shall be directed at:

 

3.6.1     the achievement of key competencies required for successful participation in the workplace (where these have not been achieved) (e.g. literacy, numeracy, problem solving, teamwork, using technology) and as are included in the Australian Vocational Certificate Level 1 qualification.  This could be achieved through foundation competencies which are part of endorsed competencies for an industry or enterprise; and/or

 

3.6.2     the achievement of 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 the Australian Vocational Certificate Level 2 qualification or above.

 

4.  Employment Conditions

 

4.1        A trainee shall be engaged as a full-time employee for a maximum of one year’s duration, provided that a trainee shall be subject to a satisfactory probation period of up to one month which may be reduced at the discretion of Port Waratah Coal Services Limited.  By agreement in writing, and with the consent of the relevant State Training Authority or the Department of Education and Training, Port Waratah Coal Services Limited 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 scheme.

 

4.2        Port Waratah Coal Services Limited shall not terminate the employment of a trainee without firstly having provided written notice of termination to the trainee concerned in accordance with the traineeship agreement and subsequently to the relevant State Training Authority or the Department of Education and Training.  The written notice to be provided to the relevant State Training Authority or the Department of Education and Training shall be provided within five working days of the termination.

 

If Port Waratah Coal Services Limited chooses not to continue the employment of a trainee upon the completion of the traineeship, it shall notify, in writing, the relevant State Training Authority or Department of Education and Training of its decision.

 

4.3        The trainee shall be permitted to be absent from work without loss of continuity of employment and/or wages to attend the training in accordance with the traineeship agreement.

 

4.4        Where the employment of a trainee by Port Waratah Coal Services Limited is continued after the completion of the traineeship period, such traineeship period shall be counted as service for the purposes of any relevant award or any other legislative entitlements:

 

4.4.1     The traineeship agreement may restrict the circumstances under which the trainee may work overtime and shift work in order to ensure the training program is successfully completed.

 

4.4.2     No trainee shall work overtime or shift work on their own unless consistent with the provisions of the Port Waratah Coal Services Consent Enterprise (State) Award 1995 published 6 June 1997 (298 IG 1094) and all variations thereof.

 

4.4.3     No trainee shall work shift work unless the parties to a traineeship scheme agree that such shift work makes satisfactory provision for approved 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-shift work trainees.

 

4.5        All other terms and conditions of the Port Waratah Coal Services Consent Enterprise (State) Award 1995 that would be applicable to the trainee but for this award shall apply unless specifically varied by this award.

 

4.6        A trainee who fails to either complete the traineeship or who cannot, for any reason, be placed in full-time employment with Port Waratah Coal Services Limited on successful completion of that traineeship shall not be entitled to any severance payments payable pursuant to termination, change and redundancy provisions similar thereto.

 

5.  Wages

 

5.1        The weekly wages payable to trainees shall be as set out in Table 1 - Trainees’ Weekly Wage - up to and including 4 June 2004, of Part B, Monetary Rates.

 

5.1.1     For the purpose of this award, these rates are applicable up to and including 4 June 2004.

 

5.1.2     This award will be adjusted by future arbitrated Industrial Relations Commission of New South Wales wage increases as gazetted.

 

5.2        For the purpose of these provisions, "out of school" shall refer only to periods out of school beyond Year 10 and shall be deemed to:

 

(a)        include any period of schooling beyond Year 10 which was not part or nor contributed to a completed year of schooling;

 

(b)        include any period during which a trainee repeats in whole or part a year of schooling beyond Year 10; and

 

(c)        not include any period during a calendar year in which a year of schooling is completed.

 

6.  Personal/Carer's Leave

 

6.1        Trainees may use sick leave entitlements accrued after 3 February 1995 to provide care or support for a member of the trainee’s family who is ill.

 

The use of sick leave is subject to the following conditions:

 

(a)        The production of satisfactory evidence of illness, medical certificate or statutory declaration;

 

(b)        The trainee must have responsibility for the care of the family member concerned; the "family member" being either:

 

a member of the trainee’s household; or

 

a member of the trainee’s immediate family (as defined in the Sex Discrimination Act 1984 (Cth)).

 

7.  Disputes Settlement Procedure

 

7.1        Every endeavour will be made to resolve matters which may arise on the job by consultation between the employer, its employees and their representatives.

 

7.2        Grievances or disputes shall be dealt with in accordance with the following steps:

 

(a)        In the event of a grievance or dispute arising at work, an employee shall first raise it with the appropriate supervisor.

 

(b)        If the matter remains unresolved, the employee shall discuss it with the appropriate supervisor and union delegate/support person.

 

(c)        If unresolved at this level, the employee and/or union delegate/support person shall consult with the appropriate department head or, if the department head is absent or unavailable, with the department head’s nominated representative; provided that, if the grievance arises on afternoon shift or night shift and is unable to be resolved, it shall be the subject of discussion on the next normal working day, provided always that there is compliance with paragraphs (h) and (i) of this subclause.

 

(d)

 

(i)         If a union delegate has been acting in accordance with paragraphs (a), (b) or (c) of this subclause and the matter remains unresolved, the union delegate shall inform an official of the union concerned of the nature of the issue in dispute and discussions shall be held between the appropriate department head and/or the employer’s nominated industrial representative and the union official and/or delegate(s).  See paragraph (g) of this subclause for timeframe.

 

(ii)        If the matter remains unresolved and there is no union delegate involved, whether a support person has been involved or not, then the matter shall be referred to the Industrial Relations Commission of New South Wales in accordance with paragraph (f) of this subclause.

 

(e)        If the matter remains unresolved, it shall be referred to the State office of the union and discussions shall then be held between the employer’s nominated representatives and the representatives of the State office of the union.

 

(f)         If agreement has not been reached, the matter shall then be referred to the Industrial Relations Commission of New South Wales by either party.

 

(g)        It is agreed that the procedure outlined above shall be implemented as expeditiously as possible and, should any party feel that undue delay is being occasioned at any step in the procedure, it may, with notification to the other party, seek to have the next step in the procedure initiated forthwith.

 

(h)        Whilst the above procedure is being followed, work shall continue as normal, except where there is an issue where people’s health and safety would be threatened if they were to continue to work.

 

(i)         The status quo before the emergence of the grievance or dispute shall continue whilst the above procedure is being followed.  For this purpose, "status quo" means the work procedure and practices in place immediately prior to the change that caused the dispute.

 

(j)         Where genuine safety issue arises, an employee shall first raise it with the employee’s supervisor.  The supervisor shall investigate the matter and, if it is considered that the equipment or area concerned is unsafe, all necessary steps will be taken by the supervisor to rectify the unsafe condition.  If the supervisor considers the equipment or area concerned is unsafe, arrangements will be made for further discussions to take place, including the employer’s OH&S officer or his/her representative as soon as practical, having regard to the requirements of the operation.

 

8.  Area, Incidence and Duration

 

8.1        This award shall be binding upon Port Waratah Coal Services Limited and its employees engaged as trainees (as defined) at the PWCS Carrington and PWCS Kooragang Coal Terminals.

 

8.2        This award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Port Waratah Coal Services Limited (Traineeship) (State) Award published 12 April 2002 (332 I.G. 885) and all variations thereof.

 

8.3        The award published 12 April 2002 took effect from the beginning of the first pay period to commence on or after6 July 2001.

 

8.4        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 Award made by the Industrial Relations Commission of the New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 25 October 2004.

 

8.5        This award remains in force until varied or rescinded, the period for which it was made already having expired.

 

PART B

 

MONETARY RATES

 

Table 1 - Trainees’ Weekly Wage - up on and from 4 June 2004

 

Highest Year of Schooling Completed

 

	Year 10	Year 11	Year 12
	$	$	$
School Leaver	231.87	265.50	308.88
Plus 1 year out of school	265.60	308.88
Plus 2 years out of school	308.88	341.43
Plus 3 years out of school	341.43	386.98
Plus 4 years out of school	386.98	434.70
Plus 5 or more years	434.70

 

 

 

R. W. HARRISON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.