AN120437

Private Hospitals, Aged Care and Disability Services Industry (Training) (State) Award
(4175) PRIVATE HOSPITALS, AGED CARE AND DISABILITY SERVICES INDUSTRY (TRAINING) (STATE) AWARD

(4175) SERIAL B8566

PRIVATE HOSPITALS, AGED CARE AND DISABILITY SERVICES INDUSTRY (TRAINING) (STATE) AWARD

Schedule of Consolidated Award published on 2.6.2000 and subsequent Variations incorporated

Clause
Award/ Variation Serial No.
Date of Publication
Date of Taking Effect
Industrial Gazette




Vol
Page
Award
B8566
2.6.00
First pay period on or after 26.11.99
315
1404
7(e); Tables 1,2,3 and 4 of Part B
B8952
2.6.00
Ffpp on or after 26.11.99
315
1451
7(e), Tables 1,2,3 and 4 of Part B
B9697
9.2.01
First pay period on or after 26.11.00
322
235
7(e); Part B
C0849
21.12.01
First pay period on or after 26.11.01
330
707
8A (1)
C1016
8.3.02
On and from 31.5.01
331
1077
Arrangement, 5(e), 9, 10, Part B Tables 5 & 6
C1257
9.8.02
First pay period on or after 12.3.02
335
894
2, 6(b(v)(ix)), 6(d), 7(e), 8(f) & Part B
C1730
28.3.03
First pay period on or after 26.11.02
338
1046
7 and Part B
C2412
12.03.04
First pay period on or after 26.11.03
343
725
Arrangement, 2, 3, 5, 6, 7, 8, 9, 10, 11, Appendix A
C2919
17.09.2004
On 13.04.2004
346
495
6, 7, Part B
C3165
18.2.2005
First pay period on or after 26.11.2004
348
650
6, 7, Part B
C4249
17.2.2006
First pay period on or after 26.11.2005
357
258







© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 24/2/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.
(4175) PRIVATE HOSPITALS, AGED CARE AND DISABILITY SERVICES INDUSTRY (TRAINING) (STATE) AWARD

AWARD

Arrangement

PART A

Clause No Subject Matter

1. Title
2. Definitions
3. Application
4. Objective
5. Training Conditions
6. Employment Conditions
7. Wages
8. Grievance and Dispute Procedures
9. Anti-Discrimination
10. Leave Reserved
11. Area, Incidence and Duration

PART B MONETARY RATES
Table 1 - Industry/Skill Level A Table 2 - Industry/Skill Level B Table 3 - Industry/Skill Level C Table 4 - School-based Traineeships
Table 5 - Hourly Rates for Trainees Who Have Left School
Table 6 - Hourly Rates for School-Based Traineeships

Appendix A - Industry/Skill Levels

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 24/2/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.
(4175) PRIVATE HOSPITALS, AGED CARE AND DISABILITY SERVICES INDUSTRY (TRAINING) (STATE) AWARD

1. Title

This Award shall be known as the Private Hospitals and Aged Care and Disability Services Industry
(Training) (State) Award.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 24/2/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.
(4175) PRIVATE HOSPITALS, AGED CARE AND DISABILITY SERVICES INDUSTRY (TRAINING) (STATE) AWARD

2. Definitions

“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 set out in sub-clause (e) of clause 5, Training Conditions.

“Commission” means the Industrial Relations Commission of New South Wales.

“Employer” means the party specified as such in the Training Contract.

“Parent Award” means the Charitable Sector Aged and Disability Care Services (State) Award-2003, the Charitable Aged and Disability Care Services (State) Award, the Private Hospitals Employees
(State) Award, the Private Hospital Professional Employees (State) Award, the Aged Care General Services (State) Award, the Charitable Institution (Professional Para-medical Staff) (State) Award, or any subsequent award which varies or replaces the above Awards, and/or an Enterprise Agreement of the Commission, which apply or would have applied to the trainee but for the operation of these awards.

“Relevant Union” means the Health Services Union.

“School-based Trainee” means a student enrolled in the Higher School Certificate, or equivalent qualification, who is undertaking a Traineeship which forms a recognised component of the Higher School Certificate curriculum, and is endorsed by the relevant NSW Training Authority and the NSW Board of Studies as such.

“Trainee” is an individual who is a signatory to a Training Contract registered with the relevant NSW Training Authority and is involved in paid work and structured training which may be on or off the job.
A Trainee can be full time, part-time or school based and whose working conditions are in accordance with the relevant parent award.

“Traineeship” means a system of training which has been approved by the relevant NSW Training Authority and can include full-time Traineeships and part-time Traineeships including School-based Traineeships.

“Training Contract” means a contract entered into for the purposes of establishing a Traineeship under the Apprenticeship and Traineeship Act 2001 (NSW).

“Appropriate State Legislation” means the Apprenticeship and Traineeship Act 2001 (NSW) or any successor legislation.

"Training Plan" means a program of training which forms part of a Training Contract registered with the Relevant NSW Training Authority:

"Relevant NSW Training Authority” means the Department of Education and Training, or successor organisations.

“Year 10” for the purposes of this award means that any person leaving school before completing Year
10 shall be deemed to have completed Year 10.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 24/2/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.
(4175) PRIVATE HOSPITALS, AGED CARE AND DISABILITY SERVICES INDUSTRY (TRAINING) (STATE) AWARD

3. Application

(a) Subject to subclause (c) of this clause, this award shall apply to persons who are undertaking a Traineeship (as defined) and is to be read in conjunction with the Parent Award or legally registered industrial instrument of the Commission which covers the terms and conditions of employment of
persons performing work covered by the Parent Award.

(b) The terms and conditions of the Parent Award shall apply except where inconsistent with this award.

(c) Notwithstanding the foregoing, this award shall not apply to employees who were employed
by the Employer under an award referred to in subclause (a) of this clause prior to the date of approval
of a Traineeship relevant to the Employer, except where agreed between the Employer and the
Relevant Union.

(d) 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.

(e) This award does not apply to the Apprenticeship system or any training program which applies to the same occupation and achieves essentially the same training outcome as an existing Apprenticeship in an award existing as at the date of certification of this award or in an award that binds the Employer.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 24/2/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.
(4175) PRIVATE HOSPITALS, AGED CARE AND DISABILITY SERVICES INDUSTRY (TRAINING) (STATE) AWARD

4. 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. Except as provided
for in clause 6, Employment Conditions, nothing in this award shall be taken to replace the prescription
of training requirements in the Parent Award.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 24/2/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.
(4175) PRIVATE HOSPITALS, AGED CARE AND DISABILITY SERVICES INDUSTRY (TRAINING) (STATE) AWARD

5. Training Conditions

(a) The Trainee shall attend an approved training course or training program prescribed in the Training Contract or as notified to the trainee by the relevant NSW Training Authority in an accredited and relevant Traineeship.

(b) A Traineeship shall not commence until the relevant Training Contract, made by the Employer and the Trainee and lodged for registration with the relevant NSW Training Authority, provided that
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. The Employer shall ensure that the Trainee is permitted to attend the training course or program provided for in the Training Contract and shall ensure that the Trainee receives the appropriate on-the-job training.

(c) The Employer shall provide a level of supervision in accordance with the Training Contract during the Traineeship period.

(d) The Employer agrees that the overall training program will be monitored by officers of the relevant Training Authority and training records or work books may be utilised as part of this monitoring process.

(e) Training shall be directed at:

(i) The achievement of key competencies required for successful participation in the workplace where these have not previously been achieved (eg, literacy, numeracy, problem solving, team work, using technology) and as are proposed to be included in the Australian Quality Training Framework, Certificates at Level 1, or future qualifications
at Level 1, as determined from time to time by the Australian National Training
Authority and/or the New South Wales Department of Education and Training.

This could be achieved through foundation competencies, which are part of endorsed competencies for an industry or enterprise.

(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 Quality Training Framework, Certificates at Level 2, or future qualifications at Level 2, as determined
from time to time by the Australian National Training Authority and/or the New South
Wales Department of Education and Training.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 24/2/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.
(4175) PRIVATE HOSPITALS, AGED CARE AND DISABILITY SERVICES INDUSTRY (TRAINING) (STATE) AWARD

6. Employment Conditions

(a) Full-Time Traineeships -

(i) A Trainee shall be engaged as a full-time employee for a maximum of one year’s duration that 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. By agreement in writing, and with the consent of the relevant Training Authority, the 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.

(ii) Where the Trainee completes the qualification in the Training Contract earlier than the time specified in the Training Contract then the Traineeship may be concluded by mutual
agreement.

(iii) Unless the relevant NSW Training Authority otherwise directs, the maximum duration for a Traineeship shall be 36 months.

(b) Part-Time Traineeships -

(i) A Trainee shall be engaged as an employee on a part time basis by working less than full time ordinary hours.

(ii) For traineeships not covered by Clause 7(a)(ii), the formula displayed in subclause (iii)
for the calculation of wage rates shall apply.

(iii) 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.

Full time Wage Rate X Trainee hours-Average weekly training time
30.4

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%).

(iv) "Full time wage rate" means the appropriate rate as set out in Part B, Monetary Rates.

(v) "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.

(vi) "Average weekly training time" is based upon the length of the Traineeship specified in the Training Contract or the Training Contract as follows:

7.6 x 12 Length of the Traineeship in months

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.

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.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 24/2/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.
(4175) PRIVATE HOSPITALS, AGED CARE AND DISABILITY SERVICES INDUSTRY (TRAINING) (STATE) AWARD

(vii) 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.

(viii) A part time Trainee may, by agreement, transfer from a part time to a full-time
Traineeship position should one become available.

(ix) The minimum engagement periods specified in the Parent Award shall also be applicable to part-time Trainees.

(x) Minimum and maximum hours of work for part-time employees specified in the parent award shall apply to part-time Trainees also.

Example of the Calculation for the Wage Rate for a Part-time Traineeship

A school student commences a traineeship in Year 11. The ordinary hours of work in the parent award are 38. The training contract specifies 2 years (24 months) as the length of the traineeship.

"Average weekly training time" is therefore:

7.6 x 12/24 = 3.8 hours

"Trainee hours" total 15 hours; these are made up of 11 hours' work which are worked over 2 days of the week plus 1-1/2 hours on-the-job training plus 2-1/2 hours off-the-job approved training at school and at TAFE.

So the wage rate in Year 11 is:

$221.00 x 15 - 3.8 = $81.42

30.4

plus any applicable penalty rates under the parent award.

The wage rate varies when the student completes Year 11 and passes the anniversary date
of 1 January the following year to begin Year 12 and/or if "trainee hours" change.

(c) School-based Traineeships -

(i) 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.

(ii) For the purposes of this award, a School-based Trainee shall become an Ordinary
Trainee as January 1 of the year following in which they cease to be a school student.

(d) 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 Apprenticeship and Traineeship Act 2001 (NSW).

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.

(e) 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.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 24/2/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.
(4175) PRIVATE HOSPITALS, AGED CARE AND DISABILITY SERVICES INDUSTRY (TRAINING) (STATE) AWARD

(f) 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.

(g) (i) 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 c ompleted.

(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 structured 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 wage shall be the basis for the calculation of overtime and/or shift penalty rates prescribed by the Parent Award.

(h) All other terms and conditions of the Parent Award that are applicable to the Trainee but for this award shall apply unless specifically varied by this Award.

(i) 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.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 24/2/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.
(4175) PRIVATE HOSPITALS, AGED CARE AND DISABILITY SERVICES INDUSTRY (TRAINING) (STATE) AWARD

7. Wages
(a) (i) The weekly wages payable to full time trainees shall be as follows: Industry/Skill Level A Table 1
Industry/Skill Level B Table 2
Industry/Skill Level C Table 3
School Based Trainees Table 4

(ii) Table 5, Hourly Rates for Trainees Who Have Left School, and Table 6, Hourly Rates for School-Based Traineeships of Part B, Monetary Rates, are the hourly rates of pay where the training is either fully off-the-job or where 20% of time is spent in approved training. These rates are derived from a 38-hour week.

(iii) These wage rates will only apply to Trainees while they are undertaking an approved
Traineeship, which includes approved training as defined in this Award.

(iv) The wage rates prescribed by this clause do not apply to complete trade level training, which is covered by the Apprenticeship system.

(b) (i) Appendix A (i) of Part B, Monetary Rates, sets out the existing approved
Traineeships. Appendix A (ii) of Part B, Monetary Rates, sets out the industry/skills level of existing Traineeships as at the date of certification of this award. The industry/skill levels contained in Appendix A are prima facie the appropriate levels
but are not determinative of the actual skill levels (ie Level A, B or C) that may be contained in a Traineeship Scheme. The determination of the appropriate skill level for the purpose of determining the appropriate wage rate shall be made on the following criteria:

(A) Any agreement of the parties;

(B) The nature of the industry;

(C) The total training plan;

(D) Recognition that training can be undertaken in stages;

(E) The exit skill level in the Parent Award contemplated by the Traineeship.

(ii) In the event that the parties disagree with such determination it shall be open to any party to the award to seek to have the matters in dispute determined by the Commission.

(c) For the purposes of Part B, Monetary Rates, “out of school” shall refer only to periods out of school beyond Year 10, 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 of a year of schooling beyond Year 10;

(iii) not include any period during a calendar year which a year of schooling is completed;
and

(iv) have effect on an anniversary date being January 1 in each year.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 24/2/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.
(4175) PRIVATE HOSPITALS, AGED CARE AND DISABILITY SERVICES INDUSTRY (TRAINING) (STATE) AWARD

(d) 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.

(e) The rates of pay in this award include the adjustments payable under the State Wage Case
2005. These adjustments may be offset against:

(a) any equivalent over-award payments, and/or

(b) award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 24/2/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.
(4175) PRIVATE HOSPITALS, AGED CARE AND DISABILITY SERVICES INDUSTRY (TRAINING) (STATE) AWARD

8. Grievance and Dispute Procedures

(a) Where any grievance, question, dispute or difficulty arises it shall be dealt with as close to its source as possible. Where a matter is not resolved, further attempts to resolve the matter must be made
at progressively higher levels of authority.

(b) Reasonable time limits will be allowed at each level for any necessary discussion, investigation and consideration of the matter. Whilst these procedures are continuing, the status quo shall remain and no stoppage of work or any other form of ban of work shall be applied.

(c) A grievance of an individual employee should firstly be put to his/her supervisor. At the conclusion of discussions between the employee and the Employer, the Employer must provide a response to the employee’s grievance, and, in the event the matter is not resolved, reasons for not implementing any proposed remedy.

(d) An employee or employees may be represented by the Health Services Union, or other appropriate person, and the Employer, by an industrial organisation, at any stage of these procedures.

(e) In the event that the matter remains unresolved, the matter may be referred to the Commission.

(f) If the question, dispute or difficulty relates to training, the matter may be dealt with under the
Apprenticeship and Traineeship Act 2001 (NSW).

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 24/2/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.
(4175) PRIVATE HOSPITALS, AGED CARE AND DISABILITY SERVICES INDUSTRY (TRAINING) (STATE) AWARD

9. Anti-Discrimination

(1) It is the intention of the parties bound by this award to seek to achieve the object in section
3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality,
transgender identity, age and responsibilities as a carer.

(2) It follows that in fulfilling their obligations under the dispute resolution procedure prescribed
by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be
consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

(3) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

(4) Nothing in this clause is to be taken to affect:

(a) any conduct or act which is specifically exempted from anti-discrimination legislation;

(b) offering or providing junior rates of pay to persons under 21 years of age;

(c) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

(d) a party to this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.

(5) This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.

NOTES -

(a) Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:

“Nothing in this Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities
of the adherents of that religion”.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 24/2/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.
(4175) PRIVATE HOSPITALS, AGED CARE AND DISABILITY SERVICES INDUSTRY (TRAINING) (STATE) AWARD

10. 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.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 24/2/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.
(4175) PRIVATE HOSPITALS, AGED CARE AND DISABILITY SERVICES INDUSTRY (TRAINING) (STATE) AWARD

11. Area, Incidence and Duration

(i) This award shall apply to all classes of Trainees who would ordinarily be covered by the
Parent Award.

(ii) This award rescinds and replaces the Charitable Sector Aged and Disability Care Services Jobskills (State) Award published 16 December 1994 (282 I.G. 1317) and all variations thereof; the Charitable Sector Aged and Disability Care Services (Training Wage ) (State) Award published 25
September 1998 (306 I.G. 817); and the Aged Care General Services (Training Wage) (State) Award published 28 May 1999 (309 I.G. 493) and all variations thereof.

(iii) This award shall take effect on and from the beginning of the first pay period to commence on
or after 1 September 1999 and shall have a nominal term of 12 months.

(iv) 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 13 April 2004.

(v) This award remains in force until varied or rescinded, the period for which it was made having already expired.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 24/2/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.
(4175) PRIVATE HOSPITALS, AGED CARE AND DISABILITY SERVICES INDUSTRY (TRAINING) (STATE) AWARD

PART B

MONETARY RATES

Table 1 - Industry/Skill Level A

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Industry/Skill Level A.

Highest Year of Schooling Completed


Year 10 $
Year 11 $
Year 12 $

School Leaver Plus 1 year out of school Plus 2 years Plus 3 years Plus 4 years Plus 5 years or more
221.00 243.00 293.00 340.00 396.00 453.00
243.00 293.00 340.00 396.00 453.00
293.00 340.00 396.00 453.00

The average proportion of time spent in structured training which has been taken into account in setting
the rate is 20 per cent.

Table 2 - Industry/Skill Level B

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Industry/Skill Level B.

Highest Year of Schooling Completed


Year 10 $
Year 11 $
Year 12 $

School Leaver Plus 1 year out of school Plus 2 years Plus 3 years Plus 4 years Plus 5 years or more
221.00 243.00 283.00 325.00 382.00 435.00
243.00 283.00 325.00 382.00 435.00
283.00 325.00 382.00 435.00

The average proportion of time spent in structured training which has been taken into account in setting
the rate is 20 per cent.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 24/2/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.
(4175) PRIVATE HOSPITALS, AGED CARE AND DISABILITY SERVICES INDUSTRY (TRAINING) (STATE) AWARD

Table 3 - Weekly Rates - Industry/Skill Level C

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Industry/Skill Level C.

Highest Year of Schooling Completed


Year 10 $
Year 11 $
Year 12 $

School Leaver Plus 1 year out of school Plus 2 years Plus 3 years Plus 4 years Plus 5 years or more
221.00 243.00 278.00 312.00 349.00 390.00
243.00 278.00 312.00 349.00 390.00
278.00 312.00 349.00 390.00

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 4 - School-based Trainees

Year of Schooling


Year 11
Year 12

$
$
School based Traineeships Skill Levels A, B and C
221.00
243.00

The average proportion of time spent in structured training which has been taken into account in setting
the rate is 20 per cent.

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 24/2/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.
(4175) PRIVATE HOSPITALS, AGED CARE AND DISABILITY SERVICES INDUSTRY (TRAINING) (STATE) AWARD

Table 5 - Hourly Rates for Trainees Who Have Left School


Year 10 $
Year 11 $
Year 12 $

Skill Level A



School leaver 1 year after leaving school 2 years + 3 years + 4 years + 5 years +
7.27 7.99 9.64 11.18 13.03 14.90
7.99 9.64 11.18 13.03 14.90
9.64 11.18 13.03 14.90

Skill Level B



School leaver 1 year after leaving school 2 years + 3 years + 4 years + 5 years +
7.27 7.99 9.31 10.69 12.57 14.31
7.99 9.31 10.69 12.57 14.31
9.31 10.69 12.57 14.31

Skill Level C



School leaver 1 year after leaving school 2 years + 3 years + 4 years + 5 years +
7.27 7.99 9.14 10.26 11.48 12.83
7.99 9.14 10.26 11.48 12.83
9.14 10.26 11.48 12.83

Table 6 - Hourly Rates for School-Based Traineeships

Year of Schooling


Year 11
Year 12

$
$
Skills levels A, B and C
7.27
7.99

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 24/2/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.
(4175) PRIVATE HOSPITALS, AGED CARE AND DISABILITY SERVICES INDUSTRY (TRAINING) (STATE) AWARD

Appendix A

Any Traineeship or Traineeships for a declared calling as defined by the Apprenticeship and
Traineeship Act 2001 (NSW).

Industry/Skill Level A

Community Services

Certificate III - Community Services-Aged Care Work
Certificate III - Community Services-Disability Work
Certificate III - Community Services-Home & Community Care
Certificate III - Community Services Work
Certificate IV - Community Services-Alcohol & Other Drugs Work
Certificate IV - Community Services-Disability Work Certificate IV - Community Services-Service Co-ordination Certificate IV - Community Services Work

Health

Certificate III - Aboriginal and Torres Straight Islander Health
Certificate III - Health - Aboriginal & Torres Strait Islander Health Worker Certificate III - Health Service Assistance-Allied Health Assistance Certificate III - Health Service Assistance-Client/Patient Services
Certificate III - Health Service Assistance-Hospital & Community Health
Pharmacy Assistance
Certificate III - Health Service Assistance-Nutrition & Dietetic Support Certificate III - Health Service Assistance-Operating Theatre Support Certificate III - Health Service Assistance-Pathology Assistance Certificate III - Health Service Assistance-Sterilisation Services Certificate III - Health Services-Dental Assisting
Certificate III - Health Support Services-Cleaning Support Services Certificate III - Health Support Services-Client/Patient Support Services Certificate III - Health Support Services-Laundry Support Services Certificate III - Health Support Services-General Maintenance
Certificate III - Health Support Services-Grounds Maintenance
Certificate IV - Health Service Assistance-Hospital & Community Health
Pharmacy Technician
Certificate IV - Health Services-Basic Emergency Care
Certificate IV - Health Services-Dental Assisting-Dental Radiography Certificate IV - Health Services-Dental Assisting-Oral Health Education Certificate IV - Health Services-Health Support Services-Supervision
Certificate IV - Health Services-Pathology Specimen Collection

General

Certificate III - Office Administration
Certificate III - Transport and Storage (Warehousing) Certificate III - Laboratory Operations-Laboratory Skills Certificate IV - Information Technology
Certificate IV - Information Technology - User Support
Certificate IV - Transport and Storage (Warehousing)

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 24/2/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.
(4175) PRIVATE HOSPITALS, AGED CARE AND DISABILITY SERVICES INDUSTRY (TRAINING) (STATE) AWARD

Industry/Skill Level B

Community Services

Certificate II - Community Services - Support Work

Health

Certificate II - Health Services-Health Support Services-Cleaning Support Services Certificate II - Health Services-Health Support Services-Client/Patient Support Services
Certificate II - Health Services-Health Support Services-Food Support Services Certificate II - Health Services-Health Support Services-General Maintenance Certificate II - Health Services-Health Support Services-General Transport Support Certificate II - Health Services-Health Support Services-Grounds Maintenance Certificate II - Health Services-Health Support Services-Laundry Support Services Certificate II - Health Services-Health Support Services-Stores
Certificate II - Health Support Services

General

Certificate II - Amenity Horticultural Operations Certificate II - Clerical Administrative Skills Certificate II - Customer Support
Certificate II - Hospitality Operations
Certificate II - Information Technology
Certificate II - Laboratory Operations-Laboratory Skills Certificate II - Transport and Storage (Warehousing) Certificate II - Office Administration

© Department of Commerce - Office of Industrial Relations
This document was published to Awards Online 24/2/2006
The NSW industrial relations system covers most unincorporated businesses in NSW
(e.g.sole traders and partnerships) as well as some incorporated businesses operating in
NSW (e.g. some charities and not-for-profit organisations). Businesses may need to seek legal advice to determine whether NSW industrial relations laws apply to them.
Title: Private Hospitals, Aged Care and Disability Services Industry (Training) (State) Award
Code: AN120437
Effective:
Updated:
Instrument Type: NAPSA
State: NSW

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