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New South Wales Industrial Relations Commission
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BUILDING AND CONSTRUCTION INDUSTRY (STATE) AWARD
  
Date03/09/2007
Volume362
Part2
Page No.286
DescriptionVIRC - Variation by Industrial Relations Commission
Publication No.C5347
CategoryAward
Award Code 001  
Date Posted03/08/2007

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(001)

(001)

SERIAL C5347

 

Building and Construction Industry (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Construction, Forestry, Mining and Energy Union (New South Wales Branch) , Industrial Organisation of Employees.

 

(No. IRC 57 of 2007)

 

Before The Honourable Justice Staunton

19 January 2007

 

VARIATION

 

1           Insert after subclause 5.7 of clause 5, General Definitions of the award published 31 August 2001 (327 I.G. 279) the following new definition for School Based Apprentices, and renumber subclause 5.8 to read as 5.9 and subclause 5.9 to read as 5.10.

 

5.8        School based apprentice is as employee who is undertaking an apprenticeship, declared or recognised by the State Training Authority, under a training contract while also enrolled in the Higher School Certificate. The school based apprenticeship may commence upon the completion of 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.          Delete clause 9 Leave Reserved, and insert in lieu thereof the following:

 

Leave is reserved to the parties to apply to amend subclause 18.1.2.5 (a) if a Vocational Training Order relevant to the trade of a School based apprentice is amended without the agreement of the award parties.

 

3           Insert after subparagraph 18.1.2.4 of clause 18 Classifications and Wage Rates the following new subclause 18.1.2.5:

 

18.1.2.5            School Based Apprentices

 

(i)         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 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 (unless the apprenticeship is of three years duration). 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.

 

(ii)        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.

 

(iii)       Conditions 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.

 

(b)        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.

 

(c)        For the purposes of this subclause, 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.

 

(d)        The duration of the apprenticeship shall be as specified in the training agreement or contract for each apprentice. The period so specified to which the apprentice wage rates apply shall not exceed 6 years.

 

(iv)      Disputes and Disciplinary Matters

 

The Settlement of Dispute provisions of the Award, subject to the provisions of the Apprenticeship and Traineeship Act 2001, shall apply for the resolution of disputes and disciplinary matters.  This means that in the event that a dispute cannot resolved at the enterprise level in accordance with the Settlement of Dispute provisions of the Award, it will be first referred to the Vocational Training Tribunals in accordance with the Apprenticeship and Traineeship Act 2001.  Then if necessary it will be referred to the Industrial Relations Commission of NSW.

 

(v)       Rate 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 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.          Delete paragraph (a) of subclause 24.3 of clause 24 Allowances and insert in lieu thereof the following:

 

24.3      Tool Allowance

 

(a)        A tool allowance shall be paid for all purposes of the Award to tradesperson and apprentices (including school based apprentice) in their respective trades in accordance with the following Table. The provision of tools under the Federal Government "tools for your trade scheme" shall not constitute the provision of all tools by the employer for the purpose of this clause.

 

5.          Delete subclause 38.11 Apprentices of clause 38, Fares and Travel Patterns Allowance and insert in lieu thereof the following:

 

38.11    Apprentices " (including school based apprentices)"

 

6.          Delete paragraph 38.11.2 of clause 38 and insert in lieu thereof the following:

 

38.11.2             Apprentices (including school based apprentices) at a Master Builders’ Association of New South Wales off-the-job training school shall not be paid any allowance in accordance with this clause unless such an apprentice is required to commence work away from the regular training school.

 

7.          Insert after paragraph 38.11.3 of clause 38, the following new paragraph:

 

38.11.4             School based apprentices shall receive the fares and travel patters allowance prescribed for days when they attend work and they shall not be paid the allowance for the days they attend school. They shall also receive the allowance when they attend off-the-job training, not at the school in which they are enrolled.

 

8.          This variation shall take effect from the beginning of the first pay period to commence on or after 19 January 2007.

 

 

 

P.J. STAUNTON J

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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