AT790899CAN - National Training Wage Award 2000 [Transitional]
FAIR WORK AUSTRALIA
CONSOLIDATION
This Fair Work Australia consolidated award incorporates
all amendments up to and including 15 October 2008 (variation
PR984004).
Clauses affected by the most recent amendment(s) are:
11. Wages
14. Part time traineeships
About
this Award:
Printed by authority of
the Commonwealth Government
Printer.
Disclaimer:
Please
note that this consolidated award is prepared by the staff of Fair Work
Australia and 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.
Copies of official
decisions, awards and orders of Fair Work Australia and the Australian
Industrial Relations Commission (prior to 1 July 2009) can be accessed at no
cost through Fair Work Australia’s website (www.fwa.gov.au) or purchased
from any office of Fair Work Australia.
AT790899CAN [Transitional
FWA Consolidation]
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
Workplace
Relations Act 1996
s.113 application for variation
Australian
Chamber of Commerce and Industry
(C No. 14205 of 2000)
Metal
Industries Association Tasmania
(C No. 14283 of 2000)
Victorian
Employers’ Chamber of Commerce and Industry
(C No. 14282 of
2000)
The
Australian Retailers Association
(C No. 14284 of 2000)
The
Australian Hotels Association
(C 2001/219)
NATIONAL
TRAINING WAGE AWARD 2000
(ODN C No. 22542 of 1994)
[Print L5189
[AW790899CR]]
Trainees
|
Industries not otherwise assigned
|
|
|
COMMISSIONER SMITH
|
MELBOURNE, 10 MAY 2001
|
Consent
variation.
ORDER
A. Further to the decision
made in transcript by the Commission on 28 March 2001, the above award is varied
as follows:
By deleting all clauses and schedules and inserting the
following:
1. TITLE
This
award shall be known as the National Training
Wage Award 2000.
2. ARRANGEMENT
This
award shall be arranged as follows:
1. Title
2. Arrangement
3. Anti-discrimination
4. Parties bound
5. Application
6. Supersession
7. Period of operation
8. Definitions [PR969102]
9. Training conditions
10. Employment conditions
11. Wages [PR984004]
12. Award dispute settling procedures
13. Dispute settlement over traineeship schemes
14. Part time traineeships [PR984004]
Schedule A - Organisations
of Employees Respondent
Schedule B -
Employers & Employer Organisations
Respondent
Schedule C - Allocation
of Traineeship to Wage Levels
[PR969102]
Schedule D - Traineeship
Schemes Excluded from this Award
3.1 It is the intention of the respondents to this award to achieve the principal object in s.3(j) of the Workplace Relations Act 1996 through respecting and valuing the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
3.2 Accordingly, in fulfilling their obligations under the dispute avoidance and settling clause, the respondents must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.
3.3 Nothing in this clause is taken to affect:
3.3.1 any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation;
3.3.2 junior rates of pay, until 22 June 2000 or later date determined by the Commission in accordance with s.143(1E) of the Act;
3.3.3 an employee, employer or registered organisation, pursuing matters of discrimination in any State or federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission;
3.3.4 the exemptions in s.170CK(3) and (4) of the Act.
4.1 This award shall be binding on:
4.1.1 All employees whether members of an organisation listed in Schedule A or not who are employed by:
4.1.1(a) employers listed in Schedule B; or
4.1.1(b) members of organisations of employers listed in Schedule B; and
4.1.2 The employers, and employer organisations, listed in Schedule B and members of such organisations of employers.
5.1 This award shall apply to persons:
5.1.1 who are undertaking a Traineeship (as defined); and
5.1.2 who are employed by an employer bound by this award or employed by a member of an employer organisation bound by this award; and
5.1.3 whose employment is, or otherwise would be, covered by an award which also:
5.1.3(a) binds the employer or an organisation of which the employer is a member; and
5.1.3(b) binds a union which is a party to this award and in respect of which the person is a member or is eligible for membership.
5.2 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 25 June 1997 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 Schedule C. 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.
5.3 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.
5.4 Except as provided for in clause 6 - Supersession, nothing in this award shall be taken to replace the prescription of training requirements in the relevant award.
6. SUPERSESSION
This
award supersedes the National Training Wage
Award 1994, the National Training Wage
Interim (Roping in No. 1) Award 1995
the National Training Wage (Transport
Workers - Roping-in No. 1) Interim Award 1996,
the National Training Wage (Transport
Workers - Roping in No. 2) Award 1996.
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.
7. PERIOD OF
OPERATION
This order shall come into force on and from 28 March
2001 and shall remain in force for a period of six months.
8. DEFINITIONS
8.1 Approved Training means that training which is specified in the Training Plan which is part of the Training Agreement registered with the relevant State or Territory 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 National Training Package or a Traineeship Scheme and leads to a qualification under the Australian Qualification Framework.
8.2 Relevant Award means an award that applies to a Trainee, or that would have applied, but for the operation of this award.
8.3 Relevant Union means a union party to a relevant award and which is entitled to enrol the Trainee as a member.
8.4 Trainee is an individual who is a signatory to a training agreement registered with the relevant State/Territory Training Authority and is involved in paid work and structured training which may be on or off the job. “Trainee” does not include an individual who already has the competencies to which the traineeship is directed.
8.5 Traineeship means a system of training which has been approved by the relevant State or Territory Training Authority, or which meets the requirements of a National Training Package developed by a National Industry Training Advisory Board and endorsed by the National Training Framework Committee, which leads to an Australian Qualifications Framework qualification specified by that National Training Package, and includes full time traineeships and part time traineeships including school-based traineeships.
8.6 Training Agreement means an agreement for a Traineeship made between an employer and a trainee which is registered with the relevant State or Territory Training Authority.
8.7 Training Package means the competency standards, assessment guidelines and Australian Qualifications Framework qualifications endorsed for an industry or enterprise by the National Training Framework Committee and placed on the National Training Information Service with the approval of Commonwealth, State and Territory Ministers responsible for vocational education and training.
8.8 Training Plan means a programme of training which forms part of a Training Agreement registered with the relevant State or Territory Training Authority.
8.9 Approved Training means that training which is specified in the Training Plan which is part of the Training Agreement registered with the relevant State or Territory 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 National Training Package or a Traineeship Scheme and leads to a qualification under the Australian Qualification Framework.
8.10 Traineeship Scheme means an approved Traineeship applicable to a group or class of employees or to an industry or sector of an industry or an enterprise, which has been approved by the relevant State or Territory Training Authority.
8.11 References in this award to the relevant State or Territory Training Authority mean the bodies in the relevant State or Territory which exercise approval powers in relation to traineeships and register training agreements under the relevant State or Territory vocational education and training legislation.
8.12 Relevant State or Territory legislation means the following:
[8.12 substituted by PR932806; PR969102 ppc 24Feb06]
Western Australia:
|
Vocational Education and Training Act 1996
|
Northern Territory:
|
Northern Territory
Employment and Training Act 1991
|
Victoria:
|
Vocational Education and Training Act 1990
|
New South Wales:
|
Apprenticeship and
Traineeship Act 2001
|
Australian Capital Territory:
|
Vocational Education and
Training Act 2003
|
Queensland:
|
Vocational Education,
Training and Employment Act 2000
|
South Australia:
|
Training and Skills
Development Act 2003
|
Tasmania:
|
Vocational Education and
Training Act 1994
|
or any successor legislation.
8.13 Year 10 - For the purposes of this award any person leaving school before completing Year 10 shall be deemed to have completed Year 10.
[8.14 inserted by PR969102 ppc 24Feb06]
8.14 Adult trainee is a trainee who would qualify for the highest wage rate in Wage Level A, B or C if covered by that wage level.
9.1 The Trainee shall attend an approved training course or training program prescribed in the Training Agreement or as notified to the trainee by the relevant State or Territory Training Authority in accredited and relevant Traineeship Schemes;
9.2 Employment as a trainee under this award shall not commence until the relevant Training Agreement, made in accordance with a Training Scheme, has been signed by the employer and the trainee and lodged for registration with the relevant State or Territory Training Authority, provided that if the Training Agreement is not in a standard format employment as a trainee shall not commence until the Training Agreement has been registered with the relevant State or Territory Training Authority. The employer shall ensure that the Trainee is permitted to attend the training course or program provided for in the Training Agreement and shall ensure that the Trainee receives the appropriate on-the-job training.
9.3 The employer shall provide a level of supervision in accordance with the Traineeship Agreement during the traineeship period.
9.4 The provisions of the relevant State and Territory legislation dealing with the monitoring by officers of the relevant State or Territory Training Authority and the use of training records or work books as part of this monitoring process shall apply to traineeships under this award.
10.1 A full-time trainee shall be engaged for a maximum of one year’s duration, except in respect of AQF III and AQF IV traineeships which may extend up to two years full time, provided 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 State or Territory 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 Scheme. A part-time trainee shall be engaged in accordance with the provisions of clause 14 – Part-time traineeships, of this award.
10.2 Where the trainee completes the qualification, in the Training Agreement, earlier than the time specified in the Training Agreement then the traineeship may be concluded by mutual agreement.
10.3 Termination of employment of trainees is dealt with in the training agreement, or in the relevant State of Territory training legislation. An employer initiating such action shall give written notice to the trainee at the time the action is commenced.
10.4 The Trainee shall be permitted to be absent from work without loss of continuity of employment and/or wages to attend the approved training.
10.5 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 relevant Award or any other legislative entitlements.
10.6 Trainees working overtime
10.6.1 Reasonable overtime may be worked by the trainee provided that it does not affect the successful completion of the approved training.
10.6.2 No Trainee shall work overtime or shiftwork on their own unless consistent with the provisions of the relevant award.
10.6.3 No Trainee shall work shiftwork unless the 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.
10.6.4 The Trainee wage shall be the basis for the calculation of overtime and/or shift penalty rates prescribed by the relevant award, unless the relevant award makes specific provision for a Trainee to be paid at a higher rate, or the employer and trainee agree in writing that a trainee will be paid at a higher rate, in which case the higher rate shall apply.
10.7 All other terms and conditions of the relevant 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.
10.8 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 payable pursuant to termination, change and redundancy provisions or provisions similar thereto.
Note: It is not intended that existing employees shall be displaced from employment by Trainees.
11.1 The weekly wages payable to full time trainees shall be as provided in 11.4, 11.5 11.6 and 11.8 of this subclause and in accordance with clause 10 - Employment conditions.
11.2 These wage rates will only apply to Trainees while they are undertaking an approved Traineeship which includes approved training as defined in this Award.
11.3 The wage rates prescribed by this clause do not apply to complete trade level training which is covered by the Apprenticeship system.
11:4 Wage Level A
[11.4 substituted by PR907087 PR919186; corrected by PR919950; substituted by PR934198 PR947751 PR959023 PR969102 PR975790 PR978545; PR984004 ppc 01Oct08]
Where the accredited training course and work performed are for the purpose of generating skills which have defined for work at Wage Level A.
|
Highest year of schooling
completed
|
||
|
Year 10
|
Year 11
|
Year 12
|
|
$
|
$
|
$
|
School leaver
|
192.00(50%)*
|
240.00(33%)
|
|
|
224.00(33%)
|
270.00(25%)
|
|
|
245.00
|
270.00
|
323.00
|
Plus I year out of school
|
270.00
|
323.00
|
375.00
|
Plus 2 years
|
323.00
|
375.00
|
437.00
|
Plus 3 years
|
375.00
|
437.00
|
500.00
|
Plus 4 years
|
437.00
|
500.00
|
|
Plus 5 or more years
|
500.00
|
|
|
11.5 Wage Level B
[11.5 substituted by PR907087 PR919186; corrected by PR919950; substituted by PR934198 PR947751 PR959023 PR969102 PR975790 PR978545; PR984004 ppc 01Oct08]
Where the accredited training course. and work performed are for the purpose of generating skills which have defined for work at Wage Level B.
|
Highest year of schooling
completed
|
||
|
Year 10
|
Year 11
|
Year 12
|
|
$
|
$
|
$
|
School leaver .
|
192.00 (50%)*
|
240.00 (33%)
|
|
|
224.00 (33%)
|
270.00 (25%)
|
|
|
245.00
|
270.00
|
313.00
|
Plus I year out of school
|
270.00
|
313.00
|
360.00
|
Plus 2 years
|
313.00
|
360.00
|
423.00
|
Plus 3 years
|
360.00
|
423.00
|
482.00
|
Plus 4 years
|
423.00
|
482.00
|
|
Plus 5.or more years
|
482.00
|
|
|
11.6 Wage Level C
[11.6 substituted by PR907087 PR919186; corrected by PR919950; substituted by PR934198 PR947751 PR959023 PR969102 PR975790 PR978545; PR984004 ppc 01Oct08]
Where the accredited training course and work performed are for the purpose of generating skills which have defined for work at Wage Level C.
|
Highest year of schooling
completed
|
||
|
Year 10
|
Year 11
|
Year 12
|
|
$
|
$
|
$
|
School leaver
|
192.00 (50%)*
|
240.00 (33%)
|
|
|
224.00 (33%)
|
270.00 (25%)
|
|
|
245.00
|
270.00
|
312.00
|
Plus 1 year out of school
|
270.00
|
312.00
|
351.00
|
Plus 2 years
|
312.00
|
351.00
|
392.00
|
Plus 3 years
|
351.00
|
392.00
|
437.00.
|
Plus.4 years
|
392.00
|
437.00
|
|
Plus 5 or more years
|
437.00
|
|
|
11:7 School based traineeships
[11.7 substituted by PR907087 PR919186; corrected by PR919950; substituted by PR934198 PR947751 PR959023 PR975790 PR978545; PR984004 ppc 01Oct08]
|
Year of
schooling
|
|
|
Year 11
|
Year 12
|
School based traineeships in Wage Levels A, B and C
|
$245.00
|
$270.00
|
* Figures in brackets indicate the average proportion of time spent in approved training to which the associated wage rate is applicable. Where not specifically indicated the average proportion of time spent in structured training which has been taken into account insetting the rate is 20 per cent.
11.8 Wage Rates for Certificate IV Traineeships
[11.8.1 substituted by PR932806 ppc 09Aug02]
11.8.1 Trainees undertaking an AQF IV traineeship shall receive the relevant weekly wage rate for AQF III trainees at Wage Levels A, B or C as applicable with the addition of 3.8 per cent of that wage rate.
[11.8.2 varied by PR907087 PR919186; substituted by PR932806 PR934198 PR947751 PR959023 PR975790; PR978545 ppc 01Oct07]
[11.8.2(b) renumbered as 11.8.2 by PR969102 PR978545; PR984004 ppc 01Oct08]
11.8.2 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:
|
First Year of
Traineeship
|
Second Year of
Traineeship
|
|
$
|
$
|
Wage Level A
|
519.00
|
539.00
|
Wage Level B
|
500.00
|
519.00
|
Wage Level C
|
454.00
|
471.00
|
11.9 Arbitrated safety net adjustment
[11.9 substituted by PR907087 PR919186 PR934198 PR947751; PR959023 ppc 03Jul05]
The rates of pay in this award have been adjusted for the arbitrated safety net adjustment payable under the Safety Net Review – Wages June 2005 decision [PR002004]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required.
Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.”
[11.10 substituted by PR907087 PR919186 PR934198; PR947751 ppc 03Jul04]
11.10 Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.
11.11 Schedule C sets out the wage level of a traineeship.
11.12 For the purposes of this provision, out of school shall refer only to periods out of school beyond Year 10, and shall be deemed to
11.12.1 include any period of schooling beyond Year 10 which was not part of nor contributed to a completed year of schooling;
11.12.2 include any period during which a Trainee repeats in whole or part a year of schooling beyond Year 10;
11.12.3 not include any period during a calendar year in which a year of schooling is completed; and
11.12.4 have effect on an anniversary date being January 1 in each year.
11.13 Despite any other clause in this Award, trainees may not be employed under this award under the traineeship schemes and in the areas of employment listed in Schedule D.
[11.14 substituted by PR969102 ppc 24Feb06]
11.14 Where a person was employed by an employer immediately prior to becoming an adult trainee with that employer, such person shall not suffer a reduction in the rate of pay by virtue of becoming a trainee. Casual loadings will be disregarded when determining whether a person has suffered a reduction in the rate of pay.
11.15 Where a traineeship is converted from an AQF II to an AQF III traineeship, or from an AQF III to an AQF IV traineeship, the employee shall move to the next higher award rate provided in this award, if a higher award rate is provided for that new AQF level.
12. AWARD DISPUTE SETTLING
PROCEDURES
For matters not dealt with in the relevant State or
Territory training legislation, the procedures to avoid industrial disputation
contained in the relevant award will apply to trainees.
13. DISPUTE SETTLEMENT OVER
TRAINEESHIP SCHEMES
13.1 A party to this award may initiate this procedure when that party wishes to argue that this award should not provide for employment under a particular traineeship scheme despite the allocation of the scheme to a wage level by Schedule C.
13.2 The party shall:
13.2.1 Notify the relevant award parties of an intention to dispute the particular traineeship scheme, identifying the scheme.
13.2.2 Request the parties with an interest in the scheme to meet with them at a mutually agreed location.
13.2.3 If agreement cannot be reached the matter may be referred to the AIRC for conciliation.
13.2.4 If agreement is not reached during conciliation then an application may be made to include the traineeship scheme in Schedule D.
14.1 This clause shall apply to trainees who undertake a traineeship on a part time basis by working less than full time hours and by undertaking the approved training at the same or lesser training time than a full-time trainee.
14.2 Wages
[14.2.1 varied by PR907087; PR919186 ppc 03Jul02; corrected by PR919950 ppc 03Jul02; varied by PR969102 ppc 24Feb06]
14.2.1 The tables set out below 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.
Table 1: Trainees who
have left school ($ per hour)
[14.2.1 Table 1 substituted by PR932806 PR934198 PR947751 PR959023 PR975790; PR978545; amended by PR979345; substituted by PR984004 ppc 01Oct08]
|
Highest year of schooling
completed
|
||
Wage Level A
|
|
|
|
|
Year 10 .
|
Year 11
|
Year 12
|
|
8.06
|
8.88
|
10.63
|
Plus 1 year out of school
|
8.88
|
10.63
|
12.34
|
Plus 2 years
|
10.63
|
12.34
|
14.38
|
Plus 3 years
|
12.34
|
14.38
|
16.45
|
Plus 4 years
|
14.38
|
16.45
|
|
Plus 5 years or more years
|
16.45
|
|
|
|
|
|
|
Wage Level B
|
|
|
|
|
Year 10
|
Year 11
|
Year 12
|
School Leaver
|
8.06
|
8.88
|
10.30
|
Plus 1 year out of school
|
8.88
|
10.30
|
11.84
|
Plus 2 years
|
10.30
|
11.84
|
13.91
|
Plus 3 years
|
11.84
|
13.91
|
15.86
|
Plus 4 years
|
13.91
|
15.86
|
|
Plus 5 years or more years
|
15.86
|
|
|
|
|
|
|
Wage Level C
|
|
|
|
|
Year 10
|
Year 11
|
Year 12
|
School Leaver
|
8.06
|
8.88
|
10.26
|
Plus 1 year out of school
|
8.88
|
10.26
|
11.55
|
Plus 2 years
|
10.26
|
11.55
|
12.89
|
Plus 3 years
|
11.55
|
12.89
|
14.38
|
Plus 4 years
|
12.89
|
14.38
|
|
Plus 5 years or more years
|
|
|
|
Table 2: School based
traineeships ($ per hour)
[14.2.1 Table 2 substituted by PR934198 PR947751 PR959023 PR975790 PR978545; PR984004 ppc 01Oct08]
|
Year of
Schooling
|
|
|
Year 11
|
Year 12
|
Wage Levels A, B and C
|
8.06
|
8.88
|
20% Loading [14.6.2]
|
9.67
|
10.66
|
Table 3: Wage rates for
part time Certificate IV traineeships (S per hour):
[14.2.1 Table 3 inserted by PR932806 ppc 09Aug02; varied by PR934198 PR947751 PR959023 PR975790 PR978545; PR984004 ppc 01Oct08]
Trainees undertaking a part time AQF IV traineeship shall receive the relevant hourly rate for AQF III trainees at Wage Levels A, B or C as applicable under Table I or 2 with the addition of 3.8 per cent of that wage rate.
An adult trainee who is undertaking a part time traineeship for an AQF IV qualification shall receive the following hourly rate as applicable based on the allocation of AQF III qualifications:
|
First Year of
Traineeship
|
Second Year of
Traineeship
|
|
$
|
$
|
Wage Level A
|
17.07
|
17.73
|
Wage Level B
|
16.45
|
17.07
|
Wage Level C
|
14.93
|
15.49
|
14.3 The hours for which payment shall be made are determined as follows:
14.3.1 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.
[14.3.2 substitutd by PR932806 ppc 09Aug02]
14.3.2 Where the approved training is undertaken solely on-the-job, and the average proportion of time to be spent in approved training is 20% (i.e. the same as for the equivalent full time traineeship), then the total hours on-the-job shall be multiplied by the applicable hourly rate, and then 20 per cent shall be deducted.
[14.3.3 substituted by PR932806 ppc 09Aug02]
14.3.3 Where the approved training is partly on-the-job and partly off-the-job, and the average proportion of time to be spent in approved training is 20% (i.e. the same as for the equivalent full time traineeship), 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 10 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.
[14.3.4 substituted by PR932806; PR969102 ppc 24Feb06]
14.3.4 Where a person was employed part time by an employer immediately prior to becoming a part time adult trainee with that employer, such person shall not suffer a reduction in the hourly rate of pay by virtue of becoming a trainee. Casual loadings will be disregarded when determining whether a person has suffered a reduction in the rate of pay.
14.3.5 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.
14.4 General Formula
14.4.1 For traineeships not covered by 14.2.1, the following formula for the calculation of wage rates shall apply:
14.4.1(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:
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 (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.
14.4.1(a)(i) Full time wage rate means the appropriate rate as set out in 11.4, 11.5, 11.6, 11.7 and 11.8.
14.4.1(a)(ii) Trainee hours shall be the hours worked per week including the time spent in approved training.
14.4.1(a)(iii) Average weekly training time is based upon the length of the traineeship specified in the traineeship agreement or training agreement 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 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 result in the equivalent of a full day’s on the job work per week.
14.5 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 relevant award are 38. The training agreement specifies two 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 totals 15 hours; these are made up of 11 hours work which is worked over two 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:
$181
|
x
|
15 –
3.8
|
=
|
$66.68 (plus any applicable penalty rates under the
|
|
|
30.4
|
|
relevant 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 changes.
14.6 Employment conditions for all part time trainees
14.6.1 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.
14.6.2 However, a trainee undertaking a school based traineeship may, with the agreement of the trainee, be paid an additional loading 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.
14.6.3 A part time trainee may, by agreement, transfer from a part time to a full time traineeship position should one become available.
14.6.4 The minimum engagement periods specified in the relevant awards shall also be applicable to part time trainees.
SCHEDULE A
Organisations
of Employees Respondents
Automotive, Food, Metals and Engineering Union
Australian
Liquor, Hospitality and Miscellaneous Workers Union
Australian Municipal,
Administrative and Clerical Services Union
The AWU-FIME Amalgamated
Union
Construction, Forestry, Mining and Energy Union
CPSU, the Community
and Public Sector Union
Finance Sector Union of Australia
Health Services
Union of Australia
National Tertiary Education Industry Union
National
Union of Workers
Printing and Kindred Industries Union
Shop, Distributive
and Allied Employees Association
Textile, Clothing and Footwear Union of
Australia
Transport Workers Union of Australia
SCHEDULE B
Employers
and Employer Organisations Respondents.
Aged Services Association of N.S.W. & A.C.T.
Inc
Agribusiness Employers’ Federation
Australian Catholic
University
The Australian Chamber of Manufactures
Australian Confederation
of Apparel Manufacturers - N.S.W. (Division of the Chamber of Manufactures of
New South Wales)
Australian Earthmovers and Road Contractors
Federation
Australian Federation of Construction Contractors
Australian
Higher Education Industrial Association
Australian Hotels
Association
Australian Institute of Dry Cleaning - N.S.W.
Australian
National University
Australian Petroleum Agents and Distributors
Association
Australian Road Transport Industrial Organisation
Australian
Trainers' Association
The Baker Medical Research Institute
Brambles Australia
Limited
The Bread Manufacturers' Industrial Association of Australia
The Cinematograph Exhibitors Association
The Commonwealth
Jam Preserving and Condiment Manufacturers Association
Confederation of
A.C.T. Industry
Deakin University, Geelong Campus
Drycleaning Institute of
Australia - Queensland
Electrotechnology Industry Group Training
Company
Electrical/Electronic Group Training Ltd
Employers Association of
Advanced Beauty Therapy
Engineering Employers Association, South
Australia
Extended Care Industry Industrial Secretariat
Fire Protection Industry Association of Australia
Flinders
University of South Australia
The General Aviation Association (Australia)
Graphic Arts
Services Association of Australia
Hawthorn Institute of Education
The Hop Producers
Association of Tasmania
Howard Florey Institute of Experimental Physiology
and Medicine
La Trobe University
The Licensed Clubs Association of
Victoria Incorporated
The Licensed Clubs' Association of Australia
Ludwig
Institute for Cancer Research
McFarlane Burnet Centre for Medical Research
Master Builders Association of South Australia
Incorporated
The Master Builders' Association of New South Wales
The
Master Builders' Association of Tasmania
Master Builders' Association of
Victoria
Master Builders' Construction and Housing Association of the
Australian Capital Territory
Master Painters, Decorators and Signwriters'
Association of New South Wales
The Master Plumbers' and Mechanical Services
Association of Victoria.
Max Lynch Haulage Pty Ltd
Mayne Nickless
Ltd
Mechanical Harvesters' Association of Australia
Menzies School of
Health Research Royal Darwin Hospital
Metal Industries Association
Tasmania
Metal Trades Industry Association of Australia
Monash
University
The Motor Inn, Motel and Accommodation Association
The Motor
Trade Association of South Australia
Motor Traders' Association of New South
Wales
Mountain Bulk Haulage Pty Ltd
The Murdoch Institute for Research
into Birth Defects Royal Children’s Hospital
National Electrical Contractors Association
NSW Farmers'
(Industrial Association)
New South Wales Soft Drink Association (Country
Division)
Organising Works Inc
The Pastoralists' Association of West Darling
The
Pastoralists' and Graziers' Association of Western Australia
(Incorporated)
The Pharmacy Guild of Australia
Plumbing, Electrical,
Electronic and Refrigeration Training Inc.
The President of the Senate and
the Speaker of the House of Representatives
The Printing and Allied Trades
Employers' Federation of Australia
Private Hospitals Industrial Association
of Australia
The Professional Photographers' Association of Australia
The Restaurant and Catering Association of Victoria
The
Retail Traders' Association of New South Wales
The Retail Traders'
Association of Victoria
Royal Melbourne Institute of Technology
Screen Producers Association of Australia
The Shearing
Contractors' Association of Australia
Sheepskin Export Packers and Allied
trades Industrial Association of Australia
South Australian Farmers
Federation Industrial Association
Swinburne Institute of Technology
TFGA Industrial Association
Tasmanian Automobile Chamber of
Commerce
Tasmanian Logging Employers Association
Tasmanian Sawmillers Industrial Association
Territory Construction Association
The Timber Merchants'
Association (Victoria)
Timber Trade Industrial Association
TNT Australia
Pty Ltd
Trustee Corporations Association of Australia
The United Graziers Association of Queensland (Union of
Employers)
The University of Adelaide
The University of Ballarat
The
University of Melbourne
Victorian Association of Forest Industries
The Victorian
Authorised Newsagents' Association Limited
Victorian Automobile Chamber of
Commerce
Victorian Employers' Chamber of Commerce and Industry
Victorian
Farmers Federation Industrial Association
The Victorian Showmen's
Guild
Victoria University of Technology
Victorian College of Agriculture
and Horticulture
Victorian College of the Arts
Walter and Eliza Hall Institute of Medical Research Royal
Melbourne Hospital
Western Australian Farmers Federation Industrial
Association
Minister for Industrial
Relations in respect to the employment of persons under enactments administered
by the Minister and his fellow Ministers of the Crown.
Provided that this
award shall not apply to persons employed under the Public Service Act
1922.
SCHEDULE C
[Sched C varied by PR908906 PR910240 PR932806; corrected by PR934080; varied by PR969102 ppc 24Feb06]
ALLOCATION
OF TRAINEESHIPS TO WAGE LEVELS
Part A - New Training Package
Titles’
Wage Levels that apply to Certificates under Training Packages
WAGE LEVEL A
Training
Package
|
Certificate
Level
|
Beauty
|
III
|
Business Services
|
I II III
|
Chemical, Hydrocarbons and Oil Refining
|
III
|
Civil Construction –
This Award does not apply to these
traineeships where another Award already provides for the
traineeship
|
III
|
Community Pharmacy
|
III
|
Community Services
|
II III
|
Correctional Services
|
III
|
Financial Services
|
II III
|
Floristry
|
III
|
Food Processing Industry
|
III
|
Gas Industry (Utilities)
|
III
|
Hospitality
|
III
|
Information Technology
|
II III
|
Laboratory Operations
|
III
|
Local Government (Environmental Health and Regulation)
|
II III
|
Local Government (General Construction)
|
III
|
Local Government (Governance and Administration)
|
I II III
|
Local Government (Government)
|
II III
|
Manufactured Mineral Products
|
III
|
Metal and Engineering Industry Engineering Production
Certificate Technician Traineeship
|
III III
|
Museum, Library and Information Services
|
II III
|
Plastics, Rubber and Cablemaking
|
III
|
Public Safety
|
III
|
Public Sector
|
II III
|
Pulp and Paper Manufacturing Industries
|
III
|
Retail
|
III
|
Telecommunications
|
II III
|
Textiles, Clothing and Footwear
|
III
|
Tourism
|
I II III
|
Training and Assessment
|
III
|
Transport and Distribution
|
III
|
Water Industry (Utilities)
|
III
|
Wholesale
|
III
|
WAGE LEVEL B
Training
Package
|
Certificate
Level
|
Aeroskills – This
Award does not apply to these traineeships where another Award already provides
for the traineeship
|
II
|
Animal Care and Management
|
I II III
|
Asset Maintenance
|
II III
|
Asset Security
|
I II III
|
Australian Meat Industry
|
I II III
|
Automotive Industry Manufacturing
|
II
|
Automotive Industry Retail, Service and Repair
|
II III*
|
Beauty
|
II
|
Caravan Industry
|
I II III
|
Civil Construction –
This Award does not apply to these
traineeships where another Award already provides for the
traineeship
|
I II
|
Community Pharmacy
|
II
|
Community Recreation Industry
|
II III
|
Entertainment Industry
|
I II III
|
Extractive Industry
|
II III
|
Film, TV, Radio and Multimedia
|
II III
|
Fitness Industry
|
II III
|
Floristry
|
II
|
Food Processing Industry
|
I II
|
Forest & Forest Products Industry
|
I II III
|
Gas Industry (Utilities)
|
II
|
Hospitality
|
I II
|
Local Government (General Construction)
|
I II
|
Manufactured Mineral Products
|
I II
|
Metal and Engineering Industry
|
I II
|
Outdoor Recreation Industry
|
II III
|
Plastics, Rubber and Cablemaking
|
I II
|
Printing and Graphic Arts
|
II
|
Public Safety
|
II
|
Pulp and Paper Manufacturing Industries
|
I II
|
Retail
|
II
|
Sport Industry
|
I II III
|
Textiles, Clothing and Footwear
|
I II
|
Transport and Distribution
|
I II
|
Water Industry (Utilities)
|
II
|
Wholesale
|
II
|
*In keeping with the application of the National Training Wage Award, this allocation is not to apply to apprenticeships available under this Training Package.
WAGE
LEVEL C
Training Package
|
Certificate
Level
|
Amenity Horticulture
|
I II III
|
Conservation and Land Management
|
II III
|
Music
|
I II III
|
Racing Industry
|
II III
|
Rural Production
|
I II III
|
Seafood Industry
|
I II
|
Part B - Old Traineeship Titles
and Wage Levels
Wage Level A
Advanced Engineering
Traineeship Level 3
Advanced Engineering - (A/B)
Arts
Administration
AVTS AIEW, (ATSI Education Worker) Traineeship Pilot
Project
Bakers Delight - Store Management
Bank Officer
Banking
ATS
Basic Horticulture
Basic Horticulture - Local Government
(Tas)
Building and Construction Administration Clerk
Certificate
Vocational Studies Building and Construction Administration
Assistant
Certificate III in Beauty
Certificate III in Care Support
Services (Personal Assistant)
Certificate III in Care Support Services
(Nursing Assistant)
Certificate III in Floristry
Certificate III in Nail
Technology/Small Business
Certificate III in Office
Administration
Certificate III in Retail Operations
Child Care
Worker
Child Care (NSW)
Child Care (Qld)
Child Care (Tas)
Child Care
- Local Govt
Clerical Processing (Health Practice)
Communications -
Cabling/Equipment Installation
Communications - Customer Support Streams:
Telemarketing; Communications Operator
Construction Worker Grade 2, Fit Out
& Finish
Construction Worker Grade 2, Structures
Dental
Assistant
Disability
Education Industry Traineeships - all
streams
Electrical/Electronics Office Admin
Health Ancillary Worker,
Dental Assistant (Public Sector Only)
Health Industry Office Skills
Health
Office Skills
Home & Community Care
Integration Aide
Stream
Language & Literacy Assistant Stream
Library Aide
(Education)
Library Assistant
Library Assistant Stream
Literacy Support
(Education)
Local Government Maintenance & Construction
(Tas)
Marketing & Management (Cultural Industries)
Media
Journalism
Medical Office Skills
Medical Receptionist
Municipal
Administration/Local Government Office Library Assistant (Local
Government)
Municipal Works (Qld)/Local Government Works (NSW)
Nursing -
Division 2 (Enrolled Nurse)
Office Support Stream
Optical
Dispensing
Organising Works
Patient Services Assistant (Public Sector
Only)
Personal Carer
Real Estate - AVC Pilot
Real Estate
Office
Residential Aged Care
State Public Sector Clerical (All
States)
Therapy Assistant
Tourism Traineeship - Streams
Youth
Worker
Wage Level
B
Aluminium Fabrication
Air Freight Forwarding
Automotive
Drafting
Baking
Certificate II in Floristry
Certificate II in Make-up
Artistry
Certificate II in Nail Technology
Certificate II in Retail
Cosmetic Assistant
Certificate in Food Processing (Rice) - Level
1
Certificate in Food Processing (Rice) - Level 2
Certificate in
Pharmaceutical Manufacturing - Level 1
Certificate in Pharmaceutical
Manufacturing - Level 2
Certificate Vocational Studies -
Electrical
Certificate Vocational Studies - Municipal Maintenance (Vic,
Tas)
Certificate Vocational Studies - Municipal Works
Certificate Level 2
Television Operations Techniques
Chemical
Clothing Production
Club
Operations
Communications Systems Installation
Community Pharmacy
(Operations) - Cert. 1 in Retail
Community Pharmacy (Operations) - Cert. 11
in Retail
Community Pharmacy (Operations - Marketing) - Cert. III in
Retail
Community Pharmacy (Operations - Supervision) - Cert. III in
Retail
Computer Assembly
Concrete Worker
Construction Worker Grade 1 -
Fit Out & Finish
Construction Worker Grade 1 -
Structures
Deckhands
Electrical/Electronic Production
CST
Electrical/Electronic Production (non MIA)
Electrical
Wholesaling
Electronics Auto Accessories
Electronics
Equipment
Electronics Sales
Electrotechnology Manufacturing
Essential
Services Operator
Fast Food CST
Fitness Instruction
Food Preparation
& Services CST
Food Services (State PS)
Forest Growing
Forest
Harvesting
Furnishing Industry Sales (Product Knowledge)
Furniture
Production
General & Commercial Waste Management/Resource
Recovery
Harvesting
Heating & Cooling
Industrial
Blaster/Coater
Lead Lighting
Live Theatre (Technical) (APACA)
Local
Government Child Care
Merchandising
Meat Preparation, Packing &
Sales
Millinery
Municipal & General Waste Management
Municipal
Works (Vic, SA)
National Meat Processing - Meat Retailing
National
Multimedia Industry
Panel Products
Plastics
Pulp & Paper
Processing
Pulp & Paper Making
Retail Operations Certificate
2
Retail Waste Management
Sales/Marketing
Sawmilling &
Processing
Security System Installation
Support Worker
Survey
Assistant
Survey Technical Assistant
Television & Video
Production
Television Operations Techniques
Television Operation
Traineeship
Textiles
Timber Merchandising
Vehicle Industry
Certificate
Vehicle Manufacturing (CST)
Water Management
Waste
Management
Waste Operation
Wholesale Customer Services Sales
Representative Traineeship
Wage Level
C
Aquaculture (Fin Fish & Shell Fish)
Community
Radio
Community Radio Broadcasting Certificate 2
Electro
Communications
Electro Trades
Floristry
Introductory Training Program -
Fit Out & Finish
Introductory Training Program - Structures
Land
Conservation & Restoration
Municipal & General Waste
Management
Municipal & General Waste Management (Operations)
Music
Business
Personal Carer - Assistant in Nursing/Personal Care Worker
Pulp
& Paper CST
Seafood Handling &
Processing
Stablehand/Trackrider
Wardsperson
SCHEDULE D
Traineeship
schemes excluded from this award
ROPING-IN AWARD No. 1 OF 2001
[Roping-in Award No. 1 of 2001 inserted by PR907300 ppc 10Jul01]
1 - TITLE
This award shall be known
as the National Training Wage (Roping-in No. 1) Award 2001.
2 – PARTIES
BOUND
This award shall be binding upon:
(a) The National
Tertiary Education Industry Union (the Union) and its members;
and
(b) The University of Sydney in respect of its employees whether
members of the Union or not, engaged in the performance of work within the scope
of the Higher Education General and Salaried
Staff (Interim) Award 1989, the
Universities and Post Compulsory Academic
Conditions Award 1995 and the Higher Education Contract of Employment Award
1998.
3
– APPLICATION
Subject to that which is otherwise provided in
this award, the provisions of the National
Training Wage Award 2000 as varied
from time to time, shall apply to and be binding on the parties to this
Award.
4 –
OPERATION
This award shall come into force from the first full pay
period to commence on or after 10 July 2001 and shall remain in force for a
period of six months.
ROPING-IN AWARD No. 2 OF 2001
[Roping-in Award No. 2 of 2002 inserted by PR918081 ppc 22Apr02]
[1] TITLE
This
award shall be known as the National Training Wage Award 2000 Roping-in No.2
Award 2002.
[2] PARTIES AND
PERSONS BOUND
This award shall be binding
upon:
2.1 The University of
Queensland in respect of its employees whether members of the organisations
listed in 2.2 or not, and
2.2 The following organisations of employees and their members:
(a) Australian Liquor, Hospitality and Miscellaneous Workers
Union;
(b) Australian Municipal, Administrative and Clerical Services
Union;
(c) Community and Public Sector Union;
(d) National Tertiary
Education Industry Union.
[3] APPLICATION
Subject
to that which is otherwise provided in this award the provisions of the National
Training Wage Award 2000 as varied from time to time, shall apply to and be
binding on the parties to this
Award.
[4] OPERATIVE
DATE
This award shall come into force from the first pay period to
commence on or after 22 April 2002 and shall remain in force for a period of six
months.
DECLARATION – NORTHERN TERRITORY
[Common rule declared by L7994 from 16Dec94]
1. The National Training
Wage Interim Award 1994 as varied to date shall be a common rule in respect of
persons who are undertaking a Traineeship, as defined, and shall be binding on
all employers in the Northern Territory in respect of employment by them of
trainees, as defined, in the industries which fall within the scope and common
rule coverage of the following awards:
Automotive Services (Northern Territory) Consolidated Award 1980 [Print J0147 [A1088]]
Child Care Industry (Northern Territory) Award 1986 [Print G4877 [C0148]]
Gardening, Nurseries and Greenkeeping (Northern Territory) Award 1986 [Print G4880 [G0047]]
Graphic Arts (Northern Territory) Award 1981 [Print E6549 [G0040]]
Hairdressing and Beauty Industry (Northern Territory) Award, 1987 [Print G7721 [H0042]]
Hotels, Motels, Wine Saloons, Catering, Accommodation, Clubs and Casino Employees (Northern Territory) Consolidated Award 1986 [Print G6935 [H0021]]
Metal Industry (Northern Territory) (Consolidated) Award 1982 [Print E9888 [M0117]]
Pest Control Industry (Northern Territory) Award 1987 [Print G9948 [P0088]]
Private Hospitals, Convalescent and Benevolent Homes (Northern Territory) Award, 1989 [Print J0511 [P0139]]
Retail, Wholesale and Distributive Employees (N.T.) Award 1980 [Print F9125 [R0018]]
Saddlery, Leather, Canvas and Plastic Material Workers Award 1985 [Print G0692 [S0001]]
Transport Workers Award, 1983 [Print F2076 [T0140]]
Transport Workers' (Northern Territory Oil Agents/Contractors) Award 1981 [Print E6202 [T0124]]
Transport Workers (Passenger Vehicles) Award 1984 [Print F7434 [T0091]]
2. This declaration shall
not apply to:
(i) any employer in respect of an employee in Northern Territory Public Sector employment.
3. The foregoing
declaration shall operate from midnight of 16 December 1994.
DECLARATION – AUSTRALIAN CAPITAL TERRITORY
[Common rule declared in ACT by L9213 from 20Dec94]
1. That the National
Training Wage Interim Award 1994 as varied to date shall be a common rule in the
Australian Capital Territory in respect of the employment of all persons who are
or who are eligible to be members of the Construction, Forestry, Mining and
Energy Union (CFMEU), the Australian Municipal, Administrative, Clerical and
Services Union (AMASCU), the Textile, Clothing and Footwear Union of Australia
(TCFUA), the National Union of Workers (NUW), The AWU - FIME Amalgamated Union
(AWU-FIME), the Printing and Kindred Industries Union (PKIU), the Automotive,
Food, Metals and Engineering Union (AFMEU), the Australian Liquor, Hospitality
and Miscellaneous Workers Union (ALHMWU), the Community and Public Sector Union
(CPSU), the Shop, Distributive and Allied Employees Association (SDA), the
Transport Workers' Union of Australia (TWU), the Finance Sector Union of
Australia (FSUA) and the Health Services Union of Australia (HSUA). The award
shall be binding on all employers in respect of the employment of such
employees, and shall be binding on all such employees.
2. That the
National Training Wage Interim Award 1994 as varied to date shall apply to all
employees employed under the Australian Capital Territory
Public Sector Management Act
1994 who are or who are eligible to be members of the Construction, Forestry,
Mining and Energy Union (CFMEU), the Australian Municipal, Administrative,
Clerical and Services Union (AMASCU), the Textile, Clothing and Footwear Union
of Australia (TCFUA), the National Union of Workers (NUW), The AWU - FIME
Amalgamated Union (AWU-FIME), the Printing and Kindred Industries Union (PKIU),
the Automotive, Food, Metals and Engineering Union (AFMEU), the Australian
Liquor, Hospitality and Miscellaneous Workers Union (ALHMWU), the Community and
Public Sector Union (CPSU), the Shop, Distributive and Allied Employees
Association (SDA), the Transport Workers' Union of Australia (TWU), the Finance
Sector Union of Australia (FSUA) and the Health Services Union of Australia
(HSUA).
3. That the foregoing declaration shall operate from 20 December
1994.
** end of text **
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