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New South Wales Industrial Relations Commission
(Industrial Gazette)

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Page No.128
DescriptionVIRC - Variation by Industrial Relations Commission
Publication No.C5320
Award Code 474  
Date Posted02/22/2007

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Metalliferous Mining Industry (State) Award 1995




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




1.          Insert after subclause (ii), Adult Apprentice of clause 31, Apprenticeships of the award published on 8 March 1996 (291 I.G. 1), the following new subclause:


(iii)       School based apprentice


(a)        "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.


(b)        Wages 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.


(c)        Progression through Wage Structure


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


B.         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.


(d)        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.


(e)        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.


(f)         Disputes and Disciplinary Matters


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


2.          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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