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New South Wales Industrial Relations Commission
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METAL, ENGINEERING AND ASSOCIATED INDUSTRIES (STATE) AWARD
  
Date02/23/2007
Volume362
Part1
Page No.126
DescriptionVIRC - Variation by Industrial Relations Commission
Publication No.C5319
CategoryAward
Award Code 039  
Date Posted02/22/2007

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(039)

(039)

SERIAL C5319

 

Metal, Engineering and Associated Industries (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Australian Business Industrial, Industrial Organisation of Employers and State Peak Council.

 

(No. IRC 3656 of 2006)

 

Before The Honourable Justice Wright, President

21 December 2006

 

VARIATION

 

1.          Insert after subclause 1.4.6, Adult Apprentice of clause 1.4, Definitions of the award published on 8 June 2001 (325 I.G. 209) the following new definition for School based apprentice:

 

1.4.7     School based apprentice is an employee who is undertaking an apprenticeship under a training contract while also enrolled in the Higher School Certificate.  The school based apprenticeship may commence upon the completion of the Year 10 School Certificate exams.  Such school based apprenticeships are undertaken at a minimum Certificate III Australian Qualifications Framework (AQF) qualification level as specified in the relevant Vocational Training Order pursuant to the Apprenticeship and Traineeship Act 2001.

 

2.          Insert after paragraph (c) of subclause 4.2.6, Apprentices of clause 4.2, Employment Categories, the following new paragraph (d):

 

(d)        Progression through Wage Structure

 

(i)         School based apprentices progress through the wage scale at the rate of 12 months’ progression for each two years of employment as an apprentice.

 

(ii)        The rates of pay are based on a standard apprenticeship of four years.  The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school based apprentice undertaking the applicable apprenticeship.

 

(e)        Conversion from a school based to a full time apprenticeship

 

Where an apprentice converts from a school based to a full-time apprenticeship, all time spent as a full-time apprentice counts for the purpose of progression through the wage scale set out in this Award. This progression applies in addition to the progression achieved as a school based apprentice.

 

(f)         Conditions of Employment

 

Except as provided by this award, school based apprentices are entitled to pro rata entitlements of all other conditions of employment contained in this Award.

 

(g)        Disputes and Disciplinary Matters

 

The provisions of the Apprenticeship and Traineeship Act 2001 shall apply for the resolution of disputes and disciplinary matters. 

 

3.          Insert after subclause 5.3.1 of Clause 5.3, Apprentice Rates of Pay, the following new subclauses:

 

5.3.2     Rates of Pay for school based apprentice

 

(a)        The hourly rates for full time 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 subclause (a) of this clause, where a school based apprentice is a full time school student, the time spent in off-the-job training for which the school based apprentice is paid is deemed to be 25 per cent of the actual hours worked on-the-job each week.  The wages paid for training time may be averaged over the school term or year.

 

(c)        Where this Award specifies a weekly rate for full time apprentices the hourly rate shall be calculated by dividing the applicable weekly rate by 38.

 

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

 

 

 

F. L. WRIGHT J , President

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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