Plumbers and Gasfitters (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Master Plumbers & Mechanical Contractors Association of New South Wales, Industrial Organisation of Employers.

 

(No. IRC 37 of 2007)

 

 

VARIATION

 

1.          Insert in alphabetical order in the Arrangement of the award published 25 February 2000 (Vol 313 I.G. 709), the following new clause number and subject matter, and renumber existing clause 60, Area, Incidence and Duration to read as clause 61.

 

60.       School Based Apprentices (SBA)

 

2.          Insert after subclause 6.2 of clause 6, Wage the following new subclause 6.3.

 

6.3        School Based Apprentices

 

6.3.1     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, provided that such apprentice satisfies the requirements of the Vocational Training Order as at 22 December 2006 issued by the NSW Department of Education and Training (DET) relevant to the trade being undertaken by the school based 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.

 

6.3.2     Conversion from a School Based To a Full Time Apprenticeship

 

(a)        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 in this Award. This progression applies in addition to the progression achieved as a school based apprentice.

 

6.3.3     Condition of Employment

 

(a)        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.

 

6.3.4     Disputes and Disciplinary Matters

 

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

 

6.3.5     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 on off-the-job training.

 

(b)       For the purposes of subclause (a) of this clause, where a school based apprentice is a fulltime 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.

 

3.          Insert after subclause (iii) of 8, Tool Allowance - Apprentices, the following new subclause:

 

(iv)       A tool allowance shall not be paid for all purposes of this clause to School Based Apprentices.  As a consequence, all necessary tools are required to be provided by the employer.

 

4.          Insert after subclause (5) of clause 56 Leave Reserved the following new subclause:

 

(6)        Leave is reserved to the parties to apply to amend clause 60 if a Vocational Training Order relevant to the trade of a School Based Apprentice is amended without the agreement of the award parties.

 

5.          Insert after clause 59, Structural Efficiency Exercise, the following new clause:

 

60.  School Based Apprentices (SBA)

 

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

 

6.          This variation shall take effect on and from 18 January 2007.

 

 

 

P.J. STAUNTON J

 

 

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Printed by the authority of the Industrial Registrar.