Metal, Engineering and Associated
Industries (State) Award
COMMISSION OF NEW SOUTH WALES
Application by Australian
Business Industrial, Industrial Organisation of Employers and State Peak
(No. IRC 3656 of 2006)
Before The Honourable
Justice Wright, President
21 December 2006
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
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):
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
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
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
The provisions of the Apprenticeship and Traineeship
Act 2001 shall apply for the resolution of disputes and disciplinary
3. Insert after
subclause 5.3.1 of Clause 5.3, Apprentice Rates of Pay, the following new
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.
variation shall take effect from 1 January 2007.
L. WRIGHT J
the authority of the Industrial Registrar.