AWU TRAINING WAGE (STATE) AWARD 2002

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 4577 of 2004)

 

 

REVIEWED AWARD

 

1.          Delete subclauses (j), (k) and (l) of clause 6, Employment Conditions, of the award published 5 April 2002 (332 I.G. 522) and insert in lieu thereof the following:

 

(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.

 

2.          Delete subclauses (a), (g), (h), (i) and (j) of clause 7, Wages, and insert in lieu thereof the following:

 

(a)        The weekly wages payable to full-time Trainees shall be as follows:

 

 

(g)        This clause shall apply to Trainees who undertake a Traineeship on a part-time basis by working less than full-time ordinary hours and by undertaking the approved training at the same or lesser training time than a full-time Trainee.

 

(h)        Table 5 - Hourly Rates for Trainees Who Have Left School, and Table 6 - Hourly Rates for School-based Traineeships, of Part B, Monetary Rates, are the hourly rates of pay where the training is either fully off-the-job or where 20% of time is spent in approved training.  These rates are derived from a 38-hour week.

 

(i)         The hours for which payment shall be made are determined as follows:

 

(i)         Where the approved training for a Traineeship (including a school-based Traineeship) is provided off-the-job by a registered training organisation, for example, at school or at TAFE, these rates shall apply only to the total hours worked by the part-time Trainee on-the-job.

 

(ii)        Where the approved training is undertaken on the job or in a combination of on-the-job and off-the-job, and the average proportion of time to be spent in approved training is 20% (i.e. the same as for the equivalent full-time Traineeship):

 

(1)        If the training is solely on-the-job, then the total hours on-the-job shall be multiplied by the applicable hourly rate, and then 20% shall be deducted.

 

(2)        If the training is partly on-the-job and partly off-the-job, then the total of all hours spent in work and training shall be multiplied by the applicable hourly rate, and then 20% shall be deducted.

 

Note:

 

20% is the average proportion of time spent in approved training which has been taken into account in setting the wage rates for most full-time Traineeships.

 

(iii)       Where the normal full-time weekly hours are not 38, the appropriate hourly rate may be obtained by multiplying the rate in the table by 38 and then dividing by the normal full-time hours.

 

(j)         For Traineeships not covered by subclause (h) above, the following formula for the calculation of wage rates shall apply:

 

The wage rate shall be pro rata the full-time rates based on variation in the amount of training and/or the amount of work over the period of the Traineeship which may also be varied on the basis of the following formula:

 

Wage	=	Full-time wage rate	x	Trainee hours	-	Average weekly training time
				(30.4*)

 

*Note:

 

30.4 in the above formula represents 38 ordinary full-time hours less the average training time for full-time Trainees (i.e. 20%).  A pro rata adjustment will need to be made in the case where the Parent Award specifies different ordinary full-time hours.  For example, where the ordinary weekly hours are 40, 30.4 will be replaced by 32.

 

(i)         "Full-time wage rate" means the appropriate rate as set out in Table 1 - Industry/Skill Level A, Table 2 - Industry Skill Level B, Table 3 - Industry/Skill Level C and Table 4 - School-Based Traineeships, of Part B, Monetary Rates.

 

(ii)        "Trainee hours" shall be the hours worked per week including the time spent in Structured Training.  For the purposes of this definition the time spent in Structured Training may be taken as an average for that particular year of the Traineeship.

 

(iii)       "Average weekly training time" is based upon the length of the Traineeship specified in the Training Contract as follows:

 

Average Weekly Training Time	=	7.6	x	12
		length of the traineeship in months

 

Note 1:

 

7.6 in the above formula represents the average weekly training time for a full-time Trainee whose ordinary hours are 38 per week.  A pro rata adjustment will need to be made in the case where the Parent Award specifies different ordinary time hours.  For example, where the ordinary weekly hours are 40, 7.6 will be replaced by 8.

 

Note 2:

 

The parties note that the Training Contract will require a Trainee to be employed for sufficient hours to complete all requirements of the Traineeship, including the on-the-job work experience and demonstration of competencies.  The parties also note that this would normally result in the equivalent of a full day’s on-the-job work per week.

 

Example of the calculation for the wage rate for a part-time Traineeship:

 

A school student commences a Traineeship in Year 11.  The ordinary hours of work in the Parent Award are 38.  The Training Contract specifies 2 years (24 months) as the length of the Traineeship.

 

"Average weekly training time" is therefore:

 

7.6

x

12/24

-

3.8 hours

 

"Trainee hours" total 15 hours; these are made up of 11 hours' work which are worked over 2 days of the week, plus 1-1/2 hours on-the-job training plus 2-1/2 hours off-the-job approved training at school and at TAFE.

 

So the wage rate in Year 11 is:

 

$215.00*	x	15	-	3.8	=	$79.21	plus any applicable penalty
			30.4				rates under the Parent Award

 

The wage rate varies when the student completes Year 11 and passes the anniversary date of 1 January the following year to begin Year 12 and/or if "Trainee hours" change.

 

3.          Delete the reference to the Industrial and Commercial Training Act 1989 appearing in subparagraph (a)(v)(1) of clause 8, Grievance Procedures, and insert in lieu thereof the following:

 

Apprenticeship and Traineeship Act 2001

 

4.          Delete clause 9, Area, Incidence and Duration, and insert in lieu thereof the following:

 

9.  Area, Incidence and Duration

 

This award shall apply to all classes of trainees who would ordinarily be covered by the following awards:

 

?           Bowling Clubs, &c., Employees (State) Award

?           Chemical Workers (State) Award

?           Concrete Pipe and Concrete Products Factories (State) Award

?           Fish and Fish Marketing (State) Consolidated Award

?           Golf Clubs, &c., Employees (State) Award

?           Landscape Gardeners, &c., (State) Award

?           Nurseries Employees (State) Award

?           Nut Food Makers (State) Award

?           Potato Crisp Makers (State) Award

?           Pest Control Industry (State) Award

?           Poultry Farm Employees (State) Award

?           Race Clubs, &c., Employees (State) Award

?           Rock and Ore Milling and Refining (State) Award

?           Soap and Candle Makers (State) Consolidated Award

?           Strappers and Stable Hands (State) Award

?           Surveyors’ Field Hands (State) Award

?           Gangers (State) Award

 

The Crown Employees (Public Service Training Wage) Award 2000, and any proper successor industrial instruments to that award, are exempted from the coverage of this award.

 

This award shall take effect from the beginning of the first pay period to commence on or after 13 December 2001 and shall have a nominal term of 12 months.

 

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 from 6 December 2004.

 

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

 

 

 

R. W. HARRISON  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.