METAL TRADES (TRAINING WAGES) (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 4542 of 2004)
Before Mr Deputy
President Grayson
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22 October 2004
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REVIEWED AWARD
1. Delete the
words "Training contract" wherever appearing in the award published
19 October 2001 (328. I.G. 1045) and insert in lieu thereof the following:
Training Contract
2. Delete the
words "part time" wherever appearing in the award, and insert in lieu
thereof the following:
part-time
3. Delete the
words "full time" wherever appearing in the award, and insert in lieu
thereof the following:
full-time
4. Delete
subclause (b), of clause 7 Wages, and insert in lieu thereof the following:
(b) These wage
rates will only apply to Trainees while they are undertaking an approved
Traineeship which includes structured training as defined in this Award.
5. Delete the
words "school based traineeship" appearing in paragraph (i), of
subclause (i), of clause 7, Wages, and insert in lieu thereof the following:
school-based traineeship
6. Delete
paragraphs (ii) and (iii), of subclause (j), of clause 7, Wages, and insert in
lieu thereof the following:
(ii) “Trainee
hours” shall be the hours worked per week including the time spent in approved
training. For the purposes of this
definition, the time spent in Structured Training may 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
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=
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7.6 x 12
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length of the traineeship
in months
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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 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 two 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" totals 15 hours; these are made
up of 11 hours work which is worked over two 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:
$227* x
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15 - 3.8
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= $83.63 plus any applicable penalty rates under the
Parent
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30.4
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Award
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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 the "trainee hours" changes.
* See Table 4 - School-Based Traineeships, of Part B -
Monetary Rates
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7. Delete the
last paragraph of clause 9, Area, Incidence and Duration, and insert in lieu
thereof the following:
The changes made to the award pursuant to the Award Review
pursuant to 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 NSW on 28 April 1999 (310 I.G. 359) and take effect on
22 October 2004.
This award remains in force until varied or rescinded, the
period for which it was made already having expired.
J. P. GRAYSON D.P.
____________________
Printed by
the authority of the Industrial Registrar.