and Construction Industry (State) Award
COMMISSION OF NEW SOUTH WALES
Application by Construction,
Forestry, Mining and Energy Union (New South Wales Branch) , Industrial Organisation
(No. IRC 57 of 2007)
Before The Honourable
19 January 2007
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 184.108.40.206 (a) if a Vocational Training Order relevant to the trade of
a School based apprentice is amended without the agreement of the award
3 Insert after
subparagraph 220.127.116.11 of clause 18 Classifications and Wage Rates the following
new subclause 18.104.22.168:
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
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
(iii) Conditions of
(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
(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
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
(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.
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.
subclause 38.11 Apprentices of clause 38, Fares and Travel Patterns Allowance
and insert in lieu thereof the following:
" (including school based apprentices)"
paragraph 38.11.2 of clause 38 and insert in lieu thereof the following:
(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:
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.
variation shall take effect from the beginning of the first pay period to
commence on or after 19 January 2007.
the authority of the Industrial Registrar.