AN120449 – Rural Traineeships (State) Award

This Fair Work Australia consolidated award reproduces the former State award Rural Traineeships (State) Award as at 27 March 2006.

About this Award:
Formerly award 449 Serial B8936, of the Industrial Relations Commission of New South Wales.

This award incorporates Serial C3990 dated 26 August 2005 (operative ppc 1 December 2005).


Printed by authority of the Commonwealth Government Printer.

Disclaimer:
Please note that this consolidated former State award is believed to be accurate but no warranty of accuracy or reliability is given and no liability is accepted for errors or omissions or loss or damage suffered as a result of a person acting in reliance thereon.

AN120449 [Notional FWA Consolidation]

(449) SERIAL B8936

RURAL TRAINEESHIPS (STATE) AWARD

AWARD

1. TITLE

This award shall be known as the Rural Traineeships (State) Award.

2. ARRANGEMENT

3. APPLICATION

(a) Subject to subclause (c) of this clause, and clause 11, Area, Incidence and Duration, this award shall apply to persons who are undertaking a traineeship (as defined) and is to be read in conjunction with the Parent Award (as defined).

(b) Notwithstanding (a), this award shall apply provisionally for an interim period:

(i) Starting upon the commencement date as recorded on a valid "Application to Establish a Traineeship" signed by both the employer and the Trainee, which has been lodged with the Commissioner for Vocational Training; and

(ii) Ending at the time the employer is notified that the establishment of the traineeship has been approved, or at the end of the probationary period, whichever is the later.

(c) The Parent Award or any former industrial agreement of the Industrial Relations Commission of New South Wales shall apply, except where inconsistent with this award.

(d) Notwithstanding the foregoing, this award shall not apply to employees who were employed by an 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 upon between the employer and the relevant union(s).

(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 as at 27 April 1998, or in an award that binds the employer. This award only applies to AQF IV traineeships when the AQF III traineeship in the training package is listed in Appendix A to this award. Further, this award also does not apply to any certificate IV training qualification that is an extension of the competencies acquired under a certificate III qualification which is excluded from this award due to the operation of this subclause.

NOTATION: - The abbreviation AQF means Australian Qualification Framework.

(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.

4. OBJECTIVES

The objectives of this award is to establish 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 trainees shall displace existing employees from employment. Except as provided for in clause 7, Training Conditions, nothing in this award shall be taken to replace the prescription of training requirements in the Parent award.

5. SUPERSESSION

Any existing award provisions for the Australian Traineeship System (ATS) or the Career Start Traineeship (CST) shall not apply to any employer bound by this award, except in relation to ATS or CST trainees who commenced a Traineeship with the employer prior to the operation of this award.

6. 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 clause 7(f).

Parent Award means an award that applies to a trainee, or that would have applied, but for the operation of this award.

Relevant Union means a union party to the making of the Parent Award and which is entitled to enrol the Trainee as a member.

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.

Traineeship means a system of training which has been approved by the relevant NSW Training Authority, and includes full time traineeships and part time traineeships including school-based traineeships.

Training contract means an instrument which establishes a Traineeship under the Apprenticeship andTraineeship Act 2001(NSW).

Training Plan means a programme of training which forms part of a Training contract registered with theRelevant NSW Training Authority.

School-Based Trainee is a student enrolled in the Higher School Certificate, or equivalent qualification, who is undertaking a traineeship which forms a recognised component of their HSC curriculum, and is endorsed by the relevant NSW Training Authority and the NSW Board of Studies as such.

Relevant NSW Training Authority means the Department of Education and Training, or successor organisation.

Year 10 - For the purposes of this award, any person leaving school before completing Year 10 shall be deemed to have completed Year 10.

7. 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, has been signed by the employer and the trainee and lodged for registration with the relevant NSW Training Authority.

(c) The employer shall ensure that the Trainee is permitted to attend the training course or program provided for in the Traineeship 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 program will be monitored by officers of the relevant NSW Training Authority and that 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 (eg. literacy, numeracy, problem solving, team work, using technology) and an Australian Qualification Framework Certificate Level I.

This could be achieved through foundation competencies which are part of endorsed competencies for an industry or enterprise; and/or

(ii) the achievement of key 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 an Australian Qualification Framework Certificate Level II or above.

8. 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 period no greater than the equivalent of one year full-time employment.

For example, a part-time trainee working 2 days per week (including the time spent in approved training) works (and trains) half the hours of a full-time trainee and therefore their traineeship could extend for a maximum of two years.

In any event, unless the relevant NSW Training Authority directs, the maximum duration for a traineeship shall be thirty-six months.

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.

(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) 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.

(d) A traineeship shall not be terminated before its conclusion, except in accordance with the Apprenticeship and Traineeship Act 2001 (NSW), or by mutual agreement.

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 shall be permitted to be absent from work without loss of continuity of employment and/or wages to attend the approved training in accordance with the Training contract.

(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 any 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 the training program 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 relevant 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(s) 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.

(i) 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 payment.

The following employment conditions apply specifically to part-time and school-based trainees.

(j) 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.

(k) A part time trainee may, by agreement, transfer from a part time to a full time traineeship position should one become available.

(l) The minimum daily engagement periods applying to part-time employees specified in the Parent Award(s) shall also be applicable to part time trainees. Where there is no provision for a minimum daily engagement period in the Parent Award(s) or other industrial instrument(s), applying to part- time employees, then the minimum start per occasion shall be 3 continuous hours, except in cases where it is agreed that there shall be a start of 2 continuous hours, on 2 or more days per week, provided that:

(i) a 2 hour start is sought by the employee to accommodate the employees personal circumstances, or

(ii) the place of work is within a distance of 5km from the employees place of residence.

(m) School-based trainees shall not be required to attend work during the interval starting four weeks prior to the commencement of the final year Higher School Certificate Examination period and ending upon the completion of the individuals last HSC examination paper.

(n) For the purposes of this award, a school-based trainee shall become an ordinary trainee as at January 1 of the year following the year in which they ceased to be a school student.

9. WAGES

(a) (i) The weekly wages payable to Trainees are provided in Table 1, 2 and 3 of this clause.

(ii) These wage rates will only apply to Trainees while they are undertaking a structured Traineeship, which includes structured 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.

(b) Appendix A sets out the rate of pay or skill level of a Traineeship. Where the actual traineeship is listed in Appendix A, the rate of pay or skill level in respect of the traineeship is determinative of the actual rate of pay or skill levels (i.e. skill levels A, B or C) that are contained in the Traineeship. Where the traineeship is not listed in Appendix A, the skill levels in Appendix A are illustrative of the appropriate levels, but are not determinative of the actual skill levels. The determination of the appropriate rate of pay or skill level for the purpose of determining the appropriate wage rate shall be based on the following criteria:

(i) Any agreement of the parties, or submission by 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 Parent Award contemplated by the traineeship.

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 Industrial Relations Commission of New South Wales.

(c) For the purposes of Table 1, 2 and 3 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; and

(iii) Not include any period during a calendar year in which a year of schooling is completed.

(d) At the conclusion of the Traineeship, this award ceases to apply to the employment of the trainee and the relevant award shall apply to the former trainee.

(e) Table 1 - Weekly Rates - 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 Skill Level A.

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 - Weekly Rates - 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 Skill Level B.

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 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 Skill Level C.

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

(f) School-Based Traineeships

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

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

(i) any equivalent overaward payments, and/or

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

(i) Definition of Adult Trainee

An adult trainee for the purpose of this subclause is a trainee who would qualify for the highest wage rate in Industry/Skill Level A, B, or C if covered by that Industry/Skill Level.

(ii) Wage Rates for Certificate IV Traineeships

(a) Trainees undertaking an AQF IV traineeship shall receive the relevant weekly wage rate for AQF III trainees at Industry/Skill Levels A,B, or C as applicable with the addition of 3.8 per cent of that wage rate.

(b) An adult trainee who is undertaking a traineeship for an AQF IV qualification shall receive the following weekly wage as applicable based on the allocation of AQF III qualifications:

10. PART TIME TRAINEESHIPS

(a) 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.

(b) WAGES

Table 1 - Hourly Rates for Trainees who Have Left School

Table 2 - Hourly Rates for School-Based Traineeships

The hours for which payment shall be made are determined as follows:

(i) Where the approved training for a traineeship (including a school based traineeship) is provided off-the-job by a Registered Training Organisation, for example at school or at TAFE, these rates shall apply only to the total hours worked by the part time trainee on-the-job.

(ii) Where the approved training is undertaken on-the-job or in a combination of on-the- job and off-the-job, and the average proportion of time to be spent in approved training is 20 per cent (ie. the same as for the equivalent full time traineeship):

(1) If the training is solely on-the-job, then the total hours on-the-job shall be multiplied by the applicable hourly rate, and then 20 per cent shall be deducted.

(2) Is the training is partly on-the-job and partly off-the-job, then the total of all hours spent in work and training shall be multiplied by the applicable hourly rate, and then 20 per cent shall be deducted.

Note: As noted in Clause 9 of this award, 20 per cent is the average proportion of time spent in approved training which has been taken into account in setting the wage rates for most full time traineeships.

(iii) Where the normal full time weekly hours are not 38 the appropriate hourly rate may be obtained by multiplying the rate in the table by 38 and then dividing by the normal full time hours.

(c) GENERAL FORMULA

For Traineeships not covered by paragraph 10.2 above, the following formula for the calculation of wages shall apply.

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 (trainees hours - average weekly training time divided by 30.4*)

*Note: 30.4 in the above formula represents 38 ordinary full time hours less the average training time for full time trainees (ie 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.

(i) Full time wage rate means the appropriate rate as set out in paragraphs 9 (e).

(ii) Trainees hours shall be the hours worked per week including the time spent in approved training.

(iii) Average weekly training time is based upon the length of the traineeship specified in the traineeship agreement or training agreement as follows:

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 traineeship agreement 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 days on the job work per week.

(d) EMPLOYMENT CONDITIONS FOR ALL PART TIME TRAINEES

(i) 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.

(ii) However, a trainee undertaking a school based traineeship may, with the agreement the trainee, be paid an additional 20 per cent on all ordinary hours in lieu of annual leave, sick leave, personal leave and public holidays. Notwithstanding this, where a trainee is called upon to work on a public holiday the provisions of the relevant award shall apply.

(iii) A part time trainee may, by agreement, transfer from a part time to a full time traineeship position should one become available.

(iv) The minimum engagement periods specified in the relevant awards shall also be applicable to part time trainees.

11. AREA, INCIDENCE AND DURATION

This award shall apply to all classes of trainees who would ordinarily be covered by the following awards, or their successor or replacement awards:

Breeding and Raising of Pigs (State) Consolidated Award;

Cotton Growing Employees (State) Award;

Cotton Ginning & c (State) Consolidated Award;

Fruit Packing Houses Employees (State) Award;

Horticultural Industry (State) Consolidated Award;

Mushroom Industry Employees (State) Award;

Oyster Farms Employees (State) Award;

Pastoral Employees (State) Award;

Poultry Farm Employees (State) Award;

Sugar Field Employees (State) Award; and

Wine Industry (State) Consolidated Award.

This award rescinds and replaces the Rural Trades and Rural Traineeships (State) Award published 7 September 1990 (259 I.G. 5) and all variations thereof and such rescission shall take effect on and from 23 December 1999.

This award shall take effect from the beginning of the first pay period to commence on or after 24 November 1999 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 30 December 2003.

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

APPENDIX A

Rates of Pay or Industry/Skill Levels

(a) See subclause 3(e) of this award and the Pastoral Employees (State) Award for trainees undertaking the following AQF IV traineeships.

Notation: - i.e. these traineeships are not dealt with under this award but under the relevant Parent Award

Rural Skills (Wool Classing) Certificate IV

(b) See subclause (h) in clause 9, Wages of this award for trainees undertaking the following AQF IV traineeships:

Horticulture (Arboriculture) Certificate IV
Horticulture (Floriculture) Certificate IV
Horticulture (Production) Certificate IV
Horticulture Certificate IV
Rural Skills (Agriculture) Certificate IV
Rural Skills (Beef Cattle Production) Certificate IV
Rural Skills (Cotton Production) Certificate IV
Rural Skills (Goat Production) Certificate IV
Rural Skills (Grain Production) Certificate IV
Rural Skills (Horse Breeding) Certificate IV
Rural Skills (Pig Production) Certificate IV
Rural Skills (Poultry Production) Certificate IV
Rural Skills (Production Horticulture) Certificate IV
Rural Skills (Rural Merchandising) Certificate IV
Rural Skills (Sheep & Wool Production) Certificate IV

(c) Industry/Skill Level A

Food Processing (Wine) Certificate III

(d) Industry/Skill Level B

Food Processing (Wine) Certificate II

(e) Industry/Skill Level C

Cotton Ginning Certificate III
Early Stage Wool Processing Certificate III
Horticulture (Arboriculture) Certificate III
Horticulture (Floriculture) Certificate III
Horticulture (Production) Certificate III
Horticulture Certificate III
Rural Skills (Agriculture) Certificate III
Rural Skills (Beef Cattle Production) Certificate III
Rural Skills (Cane Cultivation) Certificate III
Rural Skills (Cane Haulage) Certificate III
Rural Skills (Clip Preparation) Certificate III
Rural Skills (Cotton Production) Certificate III
Rural Skills (Goat Production) Certificate III
Rural Skills (Grain Production) Certificate III
Rural Skills (Horse Breeding) Certificate III
Rural Skills (Pig Production) Certificate III
Rural Skills (Poultry Production) Certificate III
Rural Skills (Production Horticulture) Certificate III
Rural Skills (Rural Merchandising) Certificate III
Rural Skills (Sheep & Wool Production) Certificate III
Rural Skills (Sugar Cane Production) Certificate III
Cotton Ginning Certificate II
Early Stage Wool Processing Certificate II
Grain Handling Operations Certificate II
Horticulture (Arboriculture) Certificate II
Horticulture (Floriculture) Certificate II
Horticulture (Landscape) Certificate II
Horticulture (Nursery) Certificate II
Horticulture (Parks & Gardens) Certificate II
Horticulture (Production) Certificate II
Horticulture (Turf Management) Certificate II
Horticulture Certificate II
Rural Skills (Agriculture) Certificate II
Rural Skills (Beef Cattle Production) Certificate II
Rural Skills (Cane Cultivation) Certificate II
Rural Skills (Cane Haulage) Certificate II
Rural Skills (Goat Production) Certificate II
Rural Skills (Grain Production) Certificate II
Rural Skills (Horse Breeding) Certificate II
Rural Skills (Pig Production) Certificate II
Rural Skills (Poultry Production) Certificate II
Rural Skills (Production Horticulture) Certificate II
Rural Skills (Rural Merchandising) Certificate II
Rural Skills (Shearing) Certificate II
Rural Skills (Sheep & Wool Production) Certificate II
Rural Skills (Sugar Cane Production) Certificate II
Rural Skills (Wool Handling) Certificate II

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