and Furnishing Trades (State) Award
COMMISSION OF NEW SOUTH WALES
Application by Construction,
Forestry, Mining and Energy Union (New South Wales Branch), Industrial
Organisation of Employees.
(No. IRC 67 of 2007)
Before The Honourable
24 January 2007
1. Insert after
subclause 4.13 Translation of clause 4, Definitions of the award published 22
December 2000 (321 I.G. 211) the following new definition for School Based
4.14 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. Insert after
paragraph 19.4.4 of clause 19 Weekly Wage Rates the following new subclause
19.4.5 School Based
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
(a) Except as
provided by this award, school based apprentices are entitled to pro-rata
entitlements and 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 be 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 Tribunal 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.
vi. Leave Reserved
Leave is reserved to the parties to apply to amend
subclause 19.4.5 if a Vocational Training Order relevant to the trade of a
School based apprentice is amended without the agreement of the award parties.
variation shall take effect from the beginning of the first pay period to
commence on or after 24 January 2007.
the authority of the Industrial Registrar.