Hotel Employees (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Australian Hotels Association (NSW), Industrial Organisation of Employers.

 

(No. IRC 3659 of 2006)

 

 

VARIATION

 

1.          Insert in the Arrangement of the award published 10 May 2002 (333 I.G. 317) the following new Appendix A.

 

Appendix A

 

2.          Delete paragraph (ii) of subclause (d) of clause 10, Apprentices and insert in lieu thereof the following:

 

(ii)        Where an employee is apprenticed in the waiting trade in accordance with the provisions of the State law and/or regulations made by the Vocational Training Authority of New South Wales, such employee shall be paid the percentage of the total wage prescribed for a food and beverage attendant grade 4 in Clause 18 - Classifications and wage rates, of The Hospitality Industry - Accommodation, Hotels, Resorts and Gaming Award 1998.

 

3.          Insert after Table 2 - Other Rates and Allowances, the following new Appendix A.

 

APPENDIX A

 

School Based Apprentices

 

(a)        This clause shall apply to school based apprentices. A school-based apprentice is an employee who is engaged under a Training Agreement registered by the relevant State or Territory Training Authority, where the qualification outcome specified in the Training Agreement is set out in this order.

 

(b)        A school-based apprentice will also include an employee who is engaged under a Training Agreement or Contract of Training for a school-based apprenticeship in relevant occupations or work, which are covered by this award, and declared or recognised by the relevant State or Territory Training Authority.

 

Wage Rate

 

(a)        The hourly rates for full-time junior and adult apprentices as set out in this award shall apply to school based apprentices for total hours worked including time deemed to be spent in off the job training.

 

(b)        For the purposes of (a) above, where an apprentice is a full-time school student, the time spent in off-the-job training for which the apprentice is paid is deemed to be 25 per cent of the actual hours each week worked on-the-job. The wages paid for training time may be averaged over a semester.

 

Off-the-job Training

 

(a)        The school-based apprentice shall be allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.

 

(b)        For the purposes of this sub-clause, off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.

 

Duration of Apprenticeship

 

(a)        The duration of the apprenticeship shall be specified in the training agreement or contract for each apprentice. The period so specified to which the apprentice wage rates apply shall not exceed five years.

 

Progression Through The Wage Structure

 

(a)        School based apprentices shall progress through the wage scale at the rate of 12 months progression for the two years of employment in years 11 and 12 of schooling as an apprentice.

 

(b)        These rates are based on a standard full-time apprenticeship of three and a half or four years.  The rates of progression reflect the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.

 

Conversion from a school based to full time apprenticeship

 

(a)        Where an apprentice continues on after secondary school, it shall be as a full time apprentice. All time spent as a full time apprentice shall count for the purposes of progression through the wage scale. This progression shall apply in addition to the progression achieved as a school-based apprentice.

 

(b)        School-based apprentices will be entitled pro rata to all of the conditions of full-time employees under this Award.

 

(c)        Subject to further orders of the Commission, school-based apprentices will be able to undertake a relevant training qualification which includes any of the following training packages:

 

National Code	Qualification Name
THH51297	Diploma of Hospitality (Management)
	Hospitality Operations
National Code	Qualification Name
THH32797	Certificate III in Hospitality (Food and Beverage)
THH32897	Certificate III in Hospitality (Accommodation Services)
	Kitchen/Cookery/Catering
National Code	Qualification Name
THH31597	Certificate III in Hospitality (Commercial Cookery)
THH31697	Certificate III in Hospitality (Patisserie)
THH32097	Certificate III in Hospitality (Asian Cookery - Chinese)
THH32197	Certificate III in Hospitality (Asian Cookery - Thai)
THH32297	Certificate III in Hospitality (Asian Cookery - Indian)
THH32397	Certificate III in Hospitality (Asian Cookery - Indonesian)
THH32497	Certificate III in Hospitality (Asian Cookery - Malay and Nonya)
THH32597	Certificate III in Hospitality (Asian Cookery - Japanese)
THH32697	Certificate III in Hospitality (Asian Cookery - Vietnamese)
THH32997	Certificate III in Hospitality (Catering Operations)

 

(d)        For the purpose of this clause a relevant training qualification is a qualification:

 

(i)         from a National Training Package that covers occupations or work which are covered by this award, or is a qualification from an enterprise Training Package listed above in (c); and

 

(ii)        at Australian Qualifications Framework Certificate Level III. A school-based apprentice does not include a qualification which can normally be completed through a Training Agreement of a duration of three years or less (such qualifications would generally be covered by traineeship provisions.

 

4.          This variation shall take effect from 1 January 2007.

 

 

 

 

F. L. WRIGHT J , President

 

____________________

 

 

Printed by the authority of the Industrial Registrar.