NURSES' (PRIVATE SECTOR)
TRAINING WAGE (STATE) AWARD
award REPRINT
This reprint of the abovementioned award is
published by the authority of the Industrial Registrar under section 390 of the
Industrial Relations Act 1996, and under Rule 6.6 of the Industrial
Relations Commission Rules 2009.
I certify that the form of this reprint,
incorporating the variations set out in the schedule, is correct as at the
latest date of effect therein mentioned.
G. M. GRIMSON
Industrial Registrar.
Schedule of Award and Variations Incorporated
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Clause
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Award/
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Date
of
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Date
of Taking Effect
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Industrial
Gazette
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Variation
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Publication
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Serial
No.
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Vol.
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Page
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Award
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B4427
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02/08/1996
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First pay period
on or after 26/03/1996
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294
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77
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|
8, Part B
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B5710
|
06/02/1998
|
First pay period
on or after 10/06/1997
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303
|
543
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8, Part B
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B5777
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12/12/1997
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On and from
27/08/1997
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302
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686
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Arrangement;
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B6359
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09/10/1998
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First pay period
on or after 12/12/1997
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306
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1039
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3, 5; 7; 8 9A;
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11 & 12.
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8, Part B
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B7221
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12/11/1999
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First pay period
on or after 31/07/1998
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312
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129
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8, Part B
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B8455
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24/03/2000
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First pay period
on or after 31/07/1999
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314
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496
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Arrangement;
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B8920
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11/08/2000
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First pay period
on or after 16/11/1999
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317
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990
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5, 6, 9A, 9B,
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Table 3.
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8, Part B
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C0492
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28/09/2001
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First pay period
on or after 04/06/2001
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328
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259
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Arrangement,
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C1284
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16/08/2002
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First pay period
on or after 12/03/2002
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335
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1068
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2, 3, 4, 5, 6, 7,
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10, 11, Part B
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7, Part B
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C1553
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01/11/2002
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First pay period
on or after 12/03/2003
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336
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1061
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4, 5, 6, 7, 8, 9
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C2614
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28/05/2004
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First pay period
on or after 24/12/2003
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344
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680
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7, Part B
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C4207
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03/02/2006
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First full pay
period on or after 09/11/2005
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356
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1219
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7, Part B
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C6442
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14/03/2008
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First full pay
period on or after 29/01/2008
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364
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328
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7, Part B
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C6848
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24/04/2009
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First full pay
period on or after 29/01/2009
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367
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1292
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7, Part B
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C7381
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26/02/2010
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First full pay period
on or after 29/01/2010
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369
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1484
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7, Part B
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C7583
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02/09/2011
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First full pay
period on or after 16/12/2010
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371
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656
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Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Application
3. Objective
4. Definitions
5. Training
Conditions
6. Employment
Conditions
7. Wages
8. Part-Time
Traineeships
9. School
Based Traineeships
10. Grievance
Procedures
11. Leave
Reserved
12. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages - Trainees
Table 2 - Monetary Rates For School Based Traineeships
Table 3 - Wages - School Based Traineeships
PART A
1. Title
This award shall be known as the Nurses' (Private
Sector) Training Wage (State) Award.
2. Application
(a) Subject to the subclause
(c) of this clause this award shall apply to persons who are undertaking
training as an assistant in nursing under a Traineeship (as defined). This
award is to be read in conjunction with the awards contained in Clause 12,
Area, Incidence and Duration, or any ‘former industrial agreement’, of the
Industrial Relations Commission of New South Wales which covers the terms and
conditions of employment of persons performing work covered by the listed
awards in the said Clause 12.
(b) The terms and
conditions of the awards listed in the said clause 11 or any former industrial
agreements of the Industrial Relations Commission shall apply, except where
inconsistent with this award.
(c) Notwithstanding
the foregoing, this award shall not apply to employees who were employed under
an award listed in clause 11 prior to the date of approval of a traineeship
scheme relevant to the employer, except where agreed between the employer and
the relevant union(s).
(d) This award does
not apply to the apprenticeship system or any training programme which applies
to the same occupation and achieves essentially the same training outcome as an
existing apprenticeship in an award as at 27 April 1998 or in an award that
binds the employer.
(e) For the removal
of any doubt, this award only applies to the employment of Trainees as trainee
assistants in nursing.
(f) At the
conclusion of the traineeship, this award shall cease to apply to the
employment of the trainee and the Parent Award shall apply to the former
trainee.
3. Objective
The objective of this award is to assist with the
establishment of a system of traineeships which provides approved training in
conjunction with employment in order to enhance the skill levels and future
employment prospects of trainees, particularly young people and the long term
unemployed. The system is neither
designed nor intended for those who are already trained and job ready. It is
not intended that existing employees shall be displaced from employment by
trainees. It is intended to apply only to the employment of Trainees as
assistants in nursing. Except as provided for in clause 5, nothing in this
award shall be taken to replace the prescription of training requirements in
the parent award.
4. Definitions
"Appropriate State Legislation" means the Apprenticeship
and Traineeship Act 2001, or any successor legislation.
"Association" means the New South Wales
Nurses' Association.
"Parent Award" means the awards listed in
clause 12, Area, Incidence and Duration and includes subsequent awards
rescinding, varying or replacing the awards listed in clause 12, Area,
Incidence and Duration.
"Relevant NSW Training Authority" means the
Department of Education and Training, or successor organisation.
"Relevant Union" means the New South Wales
Nurses’ Association which is entitled to enrol the Trainee as a member.
"School Based Trainee" means a student
enrolled in the Higher School Certificate, or equivalent qualification, who is
undertaking a traineeship which forms part of a recognised component of their
HSC curriculum, and is endorsed by the relevant NSW Training Authority and the
NSW Board of Studies as such.
“Structured
Training” means that training which is specified in the Training Plan,
which is part of the Training Contract registered with the relevant NSW
Training Authority. It includes
training undertaken both on and off the job in a Traineeship and involves
formal instruction, both theoretical and practical, and supervised practice.
The training reflects the requirements of a traineeship approved by the
relevant NSW Training Authority and leads to a qualification as set out in
subclause 5(f).”
"Trainee" means an employee, employed for
training as an assistant in nursing, who is bound by a Training Contract made
in accordance with this award.
"Traineeship" means a contract entered into
for the purposes of establishing a Traineeship under the Apprenticeship and
Traineeship Act 2001 (NSW).
"Training Plan" means a programme of training
which forms part of a Training Contract registered with the relevant NSW
Training Authority.
"Year 10" means for the purposes of this
award any person leaving school before completing Year 10 shall be deemed to
have completed Year 10.
5. Training
Conditions
(a) The Trainee
shall attend an approved training course or training programme prescribed in
the Training Contract or as notified to the Trainee by the relevant NSW
Training Authority in accredited and relevant Traineeship.
(b) A Traineeship
shall not commence until the relevant Training Contract, has been signed by the
employer and the Trainee and lodged for registration with the relevant NSW
Training Authority, provided that if the Training Contract is not in a standard
format a Traineeship shall not commence until the Training Contract has been
registered with the relevant NSW Training Authority.
(c) The employer
shall ensure that the Trainee is permitted to attend the training course or
programme provided for in the Training Contract and shall ensure that the
Trainee receives the appropriate on-the-job training.
(d) The employer
shall provide a level of supervision in accordance with the Training Contract
during the traineeship period.
(e) The employer
agrees that the overall training programme will be monitored by officers of the
relevant NSW Training Authority and training records or work books may be
utilised as part of this monitoring process.
(f) Training shall
be directed at:
(i) the achievement
of key competencies required for successful participation in the workplace
(where these have not been achieved) (eg. literacy, numeracy, problem solving,
team work, using technology), and as are proposed to be included in the
Australian Qualification Framework Level 1 qualification.
This could be achieved through foundation competencies
which are part of endorsed competencies for an industry or enterprise; and/or
(ii) the achievement
of competencies required for successful participation in an industry or
enterprise (where there are endorsed national standards these will define these
competencies), as are proposed to be included in the Australian Qualification
Framework Level II qualification or above.
6. Employment
Conditions
(a) A Trainee shall
be engaged as a full-time employee for a maximum of one year’s duration or a
part time trainee for a maximum period of 2 years, unless the relevant NSW
Training Authority directs, the maximum duration for a traineeship shall be
thirty six months.
(b) A Trainee shall
be subject to a satisfactory probation period of up to one month which may be
reduced at the discretion of the employer.
(c) By agreement in
writing, and with the consent of the relevant NSW Training Authority, the
relevant employer and the Trainee may vary the duration of the Traineeship and
the extent of approved training provided that any agreement to vary is in
accordance with the relevant Traineeship .
(d) Where the
trainee completes the qualification, in the Training Contract, earlier than the
time specified in the Traineeship Agreement then the traineeship may be
concluded by mutual agreement.
(e) An employer
shall not terminate the employment of a Trainee without firstly having provided
written notice of termination to the Trainee concerned and the relevant NSW
Training Authority in accordance with the Training Contract or the Apprenticeship
and Traineeship Act 2001.
An employer who chooses not to continue to the
employment of a Trainee upon the completion of the traineeship shall notify, in
writing, the relevant NSW Training Authority of their decision.
(f)
(i) The Training
Contract may restrict the circumstances under which the Trainee may work
overtime and shiftwork in order to ensure the training programme is
successfully completed.
(ii) No Trainee
shall work overtime or shiftwork on their own unless consistent with the
provisions of the Parent award.
(iii) No Trainee
shall work shiftwork unless the parties to this Award agree that such shiftwork
makes satisfactory provision for approved training. Such training may be
applied over a cycle in excess of a week, but must average over the relevant
period no less than the amount of training required for non-shiftwork Trainees.
(iv) The Trainee
wages shall be the basis for the calculation of overtime and/or shift penalty
rates prescribed by the Parent award, unless otherwise agreed by the parties to
a Traineeship.
(g) All other terms
and conditions of the relevant award(s) or former industrial agreements that
are applicable to the Trainee or would be applicable to the Trainee but for
this Award shall apply unless specifically varied by this Award.
(h) A Trainee who
fails to either complete the Traineeship or who cannot for any reason be placed
in full time employment with the employer on successful completion of the
Traineeship shall not be entitled to any severance payments.
(i) The trainee
shall be permitted to be absent from work without loss of continuity of
employment and/or wages to attend Structured Training in accordance with the
Training Contract.
(j) Where the
employment of a Trainee be an employer is continued after the completion of the
traineeship period, such traineeship period shall be counted as service for the
purposes of the Parent Award or any other legislative entitlement.
7. Wages
(a)
(i) The weekly
wages payable to trainees are as provided in Table 1 - Wages - Trainees, of
Part B, Monetary Rates, and in accordance with clause 7, Employment Conditions.
(ii) These wage rates
will only apply to trainees while they are undertaking an approved traineeship
which includes approved training as defined in this award.
(iii) The wage rates
prescribed by this clause do not apply to the complete trade level training
which is covered by the apprenticeship system.
(iv) The rates of pay
in this award include the adjustments payable under the State Wage Case
2010. These adjustments may be offset
against:
(a) any equivalent
overaward payments, and /or
(b) award wage
increases since 29 May 1991 other than safety net, State wage Case, and minimum
rates adjustments.
(b) The wage rates
have been determined, having regard to the following criteria:
(i) the agreement
of the parties;
(ii) the nature of
the industry;
(iii) the total training
plan;
(iv) recognition that
training can be undertaken in stages;
(v) the exit skill
level in the relevant award contemplated by the traineeship.
(c) For the purposes
of the said Table 1, "out of school" shall refer only to periods out
of school beyond Year 10, and shall be deemed to:
(i) include any
period of schooling beyond Year 10 which was not part of, nor contributed to, a
completed year of schooling;
(ii) include any
period during which a trainee repeats in whole or part a year of schooling
beyond Year 10;
(iii) not include
any period during a calendar year in which a year of schooling is completed;
and
(iv) have effect on
an anniversary date, being 1 January in each year.
(d) No increase in
wage rates, as a result in an increase in the number of years "out of
school" experienced by a trainee, shall be payable before 1 January 1997.
(e) At the
conclusion of the traineeship, this award ceases to apply to the employment of
the trainee and the Parent award shall apply to the former trainee.
8. Part-Time
Traineeships
This clause shall apply to trainees who undertake a
traineeship on a part-time basis by working less than full-time ordinary hours
and by undertaking the approved training at the same or lesser training time
than a full-time trainee.
(a) The wage rate
shall be pro rata the full-time rates based on variation in the amount of
training and/or the amount of work over the period of the traineeship, which
may also be varied on the basis of the following formula:
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trainee hours - average weekly training time
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Full-time wage rate
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x
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30.4*
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* NOTE:30.4 in the
above formula represents 38 ordinary full-time hours less the average training time
for full-time trainees (i.e., 20%). A pro rata adjustment will need to be made
in the case where the relevant award specifies different ordinary full-time
hours; for example, where the ordinary weekly hours are 40, 30.4 will be
replaced by 32.
(b) "Full-time
wage rate" means the appropriate rates as set out in Table 1 - Wages
-Trainees, of Part B and School Based Traineeships in Table 2 of Part B.
(c) "Trainee
hours" shall be the hours worked per week including the time spent in
approved vocational training. For the
purpose of this definition, the time spent in approved vocational training may
be taken as an average for that particular year of the Traineeship.
(d) "Average
weekly training time" is based upon the length of the traineeships
specified in the traineeship contract or training contract as follows:
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7.6 x 12
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length of the traineeship in months
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NOTE 1:
7.6 in the above formula represents the average weekly
training time for a full-time trainee whose ordinary hours are 38 per week. A pro rata adjustment will need to be made in
the case where the relevant award specifies different ordinary-time hours; for
example, where the ordinary weekly hours are 40, 7.6 will be replaced by 8.
NOTE 2:
The parties note that the training contract will
require a trainee to be employed for sufficient hours to complete all
requirements of the traineeship, including the on-the-job work experience and
demonstration of competencies. The
parties also note that this would normally result in the equivalent of a full
day's on-the-job work per week.
(e) A part-time
trainee shall receive, on a pro rata basis, all employment conditions
applicable to a full-time trainee. All
the provisions of this award shall apply to part-time trainees except as
specified in this clause.
(f) A part-time
trainee may, by agreement, transfer from a part-time to a full-time traineeship
position should one become available.
(g) The minimum
engagement periods specified in the Parent awards shall also be applicable to part-time
trainees.
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EXAMPLE
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Example of the calculation for the wage rate for
a part-time traineeship:
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A school student (year 10) commences a
traineeship in Year 11 (plus one year out of school).
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The ordinary hours of work in the Parent award
are 38. The Training Contract
specifies two years (24
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months) as the length of the traineeship.
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"Average weekly training time" is,
therefore, 7.6 x 12/24 = 3.8 hours
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"Trainee hours" totals 15 hours. These are made up of 11 hours' work, which
is worked over two days of
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the week, plus 1 1/2 hours on-the-job training,
plus 2 1/2 hours off-the-job approved training at school and
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at a Registered Training Organisation.
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So the wage rate for a
school leaver, plus one year out of school is:
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$187 x (15= $68.90 plus any applicable penalty
rates under the Parent award.
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3.8)
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30.4
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The wage rate varies when the student completes
Year 11 and passes the anniversary date of 1 January
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the following year to begin Year
12 and/or if "trainee hours" changes.
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9. School Based Traineeships
(a) School‑Based Trainees shall not be required
to attend work during the interval starting four weeks prior to the
commencement of the final Higher School Certificate examination period and
ending upon the completion of the individual's last examination period.
(b) For the purposes of this Award, a School‑Based
Trainee shall become an ordinary Trainee as at January 1 of the year following
in which they cease to be a school student.
(c) An Employer shall not terminate the
employment of a Trainee without firstly having provided written notice of
termination to the Trainee, and to the relevant NSW Training Authority in
accordance with the Training Contract or the Apprenticeship and Traineeship Act 2001.
An
Employer who chooses not to continue the employment of a Trainee upon the
completion of the traineeship shall notify, in writing, the relevant NSW
Training Authority of their decision.
(d) The Trainee will be permitted to be absent
from work without loss of continuity of employment and/or wages to attend the
training in accordance with the Training Contract
(e) Where the employment of a Trainee by an
Employer is continued after the completion of the Traineeship period, such
Traineeship period shall be counted as service for the purposes of the Parent
Award or any other legislative entitlements.
(f) The Training Contract may restrict the
circumstances under which the Trainee may work overtime and shiftwork in order
to ensure that the training program is successfully completed.
(g) No Trainee shall work overtime or shiftwork
on their own unless consistent with the provisions of the Parent Award
(h) No Trainee shall work shiftwork unless the
parties to this Award agree that such shiftwork makes satisfactory provision
for approved training. Such training
may be applied over a cycle in excess of a week, but must average over the
relevant period no less than the amount of training required for non-shiftwork
Trainees.
(i) The Trainee wage shall be the basis for
the calculation of overtime and/or shift penalty rates prescribed by the Parent
Award, unless otherwise agreed by the parties to a Traineeship.
(j) All other terms and conditions of the
Parent Award that are applicable to the Trainee or would be applicable to the
Trainee but for this Award shall apply unless specifically varied by this
Award.
(k) A Trainee who fails to complete the
Traineeship or who is not offered employment with the employer on successful
completion of the Traineeship shall not be entitled to any severance payments.
10. Grievance
Procedures
(a) Procedures
relating to grievances of individual trainees:
(i) A Trainee shall
notify the employer as to the substance of any grievances and request a meeting
with the employer for bilateral discussions in order to settle the grievance.
(ii) If no remedy to
the trainee’s grievance is found, then the Trainee shall seek a further
discussion and attempt to resolve the grievance at a higher level of authority
where appropriate.
(iii) Reasonable
time limits must be allowed for discussion at each level of authority.
(iv) At the
conclusion of the discussion, the employer must provide a response, including
reasons for not implementing any proposed remedy. At this stage an employer or a Trainee may involve an industrial
organisation of employers or employees of which he/she is a member.
(v) If no resolution
of the trainee’s grievance can be found, then the matter may be referred to the
Industrial Relations Commission of NSW by either the Trainee or the employer or
the industrial organisation representing either party.
(vi) Whilst this
grievance procedure is being followed, normal work shall continue.
(b) Procedures
relating to disputes, etc., between employers and their trainees:
(i) A question,
dispute or difficulty must initially be dealt with at the workplace level where
the problem has arisen. If the problem
cannot be solved at this level, the matter shall be referred to a higher level
of authority.
(ii) If no
resolution can be found to the question, dispute or difficulty, the matter may
be referred to the Industrial Relations Commission of New South Wales by any
party to the dispute, or the industrial organisation representing any of the
parties to the dispute.
(iii) Reasonable
time limits must be allowed for discussions at each level of authority.
(iv) While a
procedure is being followed, normal work must continue.
(v) The employer may
be represented by an industrial organisation of employers and the Trainee may
be represented by an industrial organisation of employees for the purposes of
each procedure.
11 Leave Reserved
Leave is reserved to the parties to the award to vary
this award by consent to reflect the terms of the Training Wage Interim (State)
Award or any successor to that award.
12. Area, Incidence
and Duration
(a) This award shall
apply to all classes of trainees who would ordinarily be covered by the
following awards:
Private Hospital Industry Nurses (State) Award
published 3 November 1995 (289 I.G. 57), as varied;
Nursing Homes, &c., Nurses' (State) Award published
3 November 1995 (289 I.G. 5), as varied;
Nurses, &c., Other Than in Hospitals, &c.
(State) Award published 15 October 1993 (276 I.G. 1108), as varied;
Occupational Health Nurses' (State) Award published 15
October 1993 (276 I.G. 1080), as varied.
(b) This award shall
take effect from the beginning of the first pay period to commence on or after
26 March 1996 and shall have a nominal term of 12 months.
The changes made to the award pursuant to the Award
Review pursuant to section 19(6) of the Industrial Relations Act 1996
and Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of NSW on 28 April 1999 (310 I.G. 359) and take effect on
24 December 2003.
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
PART B
MONETARY RATES
Table 1 - Monetary Rates For Trainees
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|
Industry Skill
Level A Highest Year of Schooling Completed
|
|
|
Year 10
|
Year 11
|
Year 12
|
|
|
per week
|
per week
|
per week
|
|
|
SWC 2010 (4.25%)
|
SWC 2010 (4.25%)
|
SWC 2010 (4.25%)
|
|
|
$
|
$
|
$
|
|
School Leaver
|
263.80
|
290.90
|
349.20
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|
1 year out of school
|
290.90
|
349.20
|
406.60
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|
2 years out of school
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349.20
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406.60
|
472.30
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|
3 years out of school
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406.60
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472.30
|
540.00
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|
4 years out of school
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472.30
|
540.00
|
540.00
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|
5 years out of school
|
540.00
|
540.00
|
540.00
|
The average proportion of time spent in structured training
which has been taken into account in setting the above rates is 20 per cent.
Table 2 - Monetary Rates For School Based Traineeships
|
|
School Based
Traineeships
|
|
|
Year 11
|
Year 12
|
|
|
per week
|
per week
|
|
|
SWC 2010 (4.25%)
|
SWC 2010 (4.25%)
|
|
|
$
|
$
|
|
School Based Traineeship Skill
|
|
|
|
Level A
|
263.80
|
290.90
|
The average proportion of time spent in structured
training which has been taken into account in setting the above rate is 20 per
cent.
Table 3 -
Wages - School Based Traineeships
|
|
Year 11
|
Year 12
|
|
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$
|
$
|
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Skill levels A,B,C
|
176.00
|
193.00
|
____________________
Printed by
the authority of the Industrial Registrar.