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NATIONAL TRAINING WAGE AWARD 2000

     Status
     Roping In Awards

1.   Title
2.   Arrangement
3.   Anti-discrimination
4.   Parties bound
5.   Application
6.   Supersession
7.   Period of operation
8.   Definitions
9.   Training conditions
10.  Employment conditions
11.  Wages
12.  Special arrangements
13.  Dispute settlement over traineeship schemes
14.  Part time traineeships
Schedule A   Organisations of Employees Respondent
Schedule B   Employers & Employer Organisations Respondent
Schedule C   Allocation of Traineeships to Wage Levels
Schedule D   Traineeship schemes excluded from this award

STATUS

AW790899CAN [loose-leaf version]

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

NATIONAL TRAINING WAGE AWARD 2000

Note: Common rule declarations re: National Training Wage Interim Award 1994 appended to this award.

This award as varied to 8 June 2004 (variation PR947751).

AW790899CAN [loose-leaf version] 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
9. Training conditions
10. Employment conditions
11. Wages
12. Special arrangements
13. Dispute settlement over traineeship schemes
14. Part time traineeships
Schedule A Organisations of Employees Respondent
Schedule B Employers & Employer Organisations Respondent
Schedule C Allocation of Traineeships to Wage Levels
Schedule D Traineeship schemes excluded from this award

3. ANTI-DISCRIMINATION

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. PARTIES BOUND

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. APPLICATION

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 substituted by PR932806 ppc 09Aug02]

8.12 Relevant State or Territory legislation means the following:
Western Australia: Vocational Education and Training Act 1996
Northern Territory: Northern Territory Employment and Training Authority 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 1995
Queensland: Training and Employment Act 2000
South Australia: Vocational Education, Employment and Training Act 1994
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.

9. TRAINING CONDITIONS

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. EMPLOYMENT CONDITIONS

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. WAGES

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 ppc 03Jul04]

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

Highest year of schooling completed
School Leaver             Year 10        Year 11        Year 12
                          $              $              $
                          168.00 (50%)*  209.00 (33%)   
                          196.00 (33%)   235.00 (25%)   284.00
Plus 1 year out of school 235.00         284.00         330.00
Plus 2 years              284.00         330.00         384.00
Plus 3 years              330.00         384.00         439.00
Plus 4 years              384.00         439.00   
Plus 5 or more years      439.00      
b11.5 Wage Level B

[11.5 substituted by PR907087 PR919186; corrected by PR919950; substituted by PR934198; PR947751 ppc 03Jul04]

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

Highest year of schooling completed
School Leaver             Year 10        Year 11        Year 12
                          $              $              $
                          168.00 (50%)*  209.00 (33%)   
                          196.00 (33%)   235.00 (25%)   274.00
Plus 1 year out of school 235.00         274.00         315.00
Plus 2 years              274.00         315.00         370.00
Plus 3 years              315.00         370.00         421.00
Plus 4 years              370.00         421.00   
Plus 5 or more years      421.00      
11.6 Wage Level C

[11.6 substituted by PR907087 PR919186; corrected by PR919950; substituted by PR934198; PR947751 ppc 03Jul04]

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

Highest year of schooling completed
School Leaver             Year 10        Year 11        Year 12
                          $              $              $
                          168.00 (50%)*  209.00 (33%)   
                          196.00 (33%)   235.00 (25%)   268.00
Plus 1 year out of school 235.00         268.00         301.00
Plus 2 years              268.00         301.00         337.00
Plus 3 years              301.00         337.00         376.00
Plus 4 years              337.00         376.00   
Plus 5 or more years      376.00      
11.7 School based traineeships

[11.7 substituted by PR907087 PR919186; corrected by PR919950; substituted by PR934198; PR947751 ppc 03Jul04]

Year of schooling
                                                      Year 11   Year 12
School based traineeships in Wage Levels A, B and C   $215.00   $235.00
* 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 ppc 03Jul04] 11.8.2(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:

               First Year of Traineeship   Second Year of Traineeship
               $                           $
Wage Level A   456.00                      473.00
Wage Level B   437.00                      454.00
Wage Level C   390.00                      405.00
11.9 Arbitrated safety net adjustment

[11.9 substituted by PR907087 PR919186 PR934198; PR947751 ppc 03Jul04]

The rates of pay in this award have been adjusted for the arbitrated safety net adjustment payable under the Safety Net Review - Wages May 2004 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 Where a person was employed by an employer under this award 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. An `adult trainee' for the purpose of this subclause is a trainee who would qualify for the highest wage rate in Wage Level A, B or C if covered by that wage level.

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. PART TIME TRAINEESHIPS

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]

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 ppc 03Jul04] Table 1: Trainees who have left school ($ per hour)

Highest year of schooling completed

Wage Level A         
                         Year 10   Year 11   Year 12
School Leaver               7.07      7.73      9.34
Plus 1 year out of school   7.73      9.34     10.86
Plus 2 years                9.34     10.86     12.63
Plus 3 years               10.86     12.63     14.44
Plus 4 years               12.63     14.44   
Plus 5 years or more years 14.44      
   
Wage Level B   
                         Year 10   Year 11   Year 12
School Leaver               7.07      7.73      9.01
Plus 1 year out of school   7.73      9.01     10.36
Plus 2 years                9.01     10.36     12.17
Plus 3 years               10.36     12.17     13.85
Plus 4 years               12.17     13.85   
Plus 5 years or more years 13.85      

Wage Level C   
                         Year 10   Year 11   Year 12
School Leaver               7.07      7.73      8.82
Plus 1 year out of school   7.73      8.82      9.90
Plus 2 years                8.82      9.90     11.09
Plus 3 years                9.90     11.09     12.37
Plus 4 years               11.09     12.37   
Plus 5 years or more years 12.37     
Table 2: School based traineeships ($ per hour)

[14.2.1 Table 2 substituted by PR934198; PR947751 ppc 03Jul04]

   Year of Schooling
                        Year 11   Year 12
Wage Levels A, B and C     7.07      7.73
20% Loading [14.6.2]       8.48      9.28
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 ppc 03Jul04]

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 (as defined under subclause 11.8.2(b)) 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   15.00   15.56
Wage Level B   14.38                       14.93
Wage Level C   12.83                       13.32
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 ppc 09Aug02]

14.3.4 Where a person was employed part time by an employer under this award 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. An `adult trainee' for the purpose of this subelause is a trainee who would qualify for the highest wage rate in Wage Level A, B or C if covered by that wage level.

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
 30.4   =   $66.68 (plus any applicable penalty rates under the 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; substituted by PR932806 ppc 09Aug02; corrected by PR934080 ppc 09Aug02]

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
Administration   I
                II
               III
Assessment and Workplace Training   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
Community Services   II
                     III
Correctional Services   III
Financial Services   III
Floristry   III
Food Processing Industry   III
Forest & Forest Products   III
Gas Industry (Utilities)   III
Hospitality Industry   III
Information Technology   II
                        III
Laboratory Operations   III
Local Government (Environmental Health & Regulation)   II
                                                      III
Local Government (General Construction)   III
Local Government (Governance & Administration)   I 
                                                II
                                               III
Local Government (Government)   II
                               III
Manufactured Mineral Products   III
Metal and Engineering Industry - Engineering Production Certificate
                               - Technician Traineeship   III
Museum and Library/Information Services   II
                                         III
National Beauty   III
National Public Services   II
                          III
Plastics, Rubber and Cablemaking   III
Public Safety   III
Pulp and Paper Manufacturing Industries   III
Retail   III
Telecommunications   II
                    III
Textiles Clothing and Footwear   III
Tourism   I
         II
        III
Transport and Distribution   III
Water Industry (Utilities)   III
Wholesale Training Package   III

WAGE LEVEL B

Training Package   Certificate Level
Aeroskills Industry - This Award does not apply to these traineeships 
                      where another Award already provides for the 
                      traineeship.   II
Asset Maintenance   II
                   III
Asset Security   I
                II
               III
Australian Meat Industry   I
                          II
                         III
Automotive Industry Manufacturing   II
Film, TV, Radio and Multimedia   II
                                III
Automotive Industry Retail Service and Repair   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
Entertainment Industry   I
                        II
                       III
Extractive Industry     II
                       III
Floristry   II
Forest and Forest Products Industry   I
                                     II
Forest and Forest Products   III
Food Processing Industry   I
                          II
Gas Industry (Utilities)   II
Hospitality Industry   I
                      II
Local Government (General Construction)   I
                                         II
Manufactured Mineral Products   I
                               II
Metal and Engineering Industry   I
                                II
National Beauty   II
National Community Recreation Industry   II
                                        III
National Fitness Industry   II
                           III
National Outdoor Recreation Industry   II
                                      III
National Sport Industry   I
                         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
Textiles Clothing and Footwear   I
                                II
Transport and Distribution   I
                            II
Veterinary Nursing   I
                    II
                   III
Water Industry (Utilities)   II
Meat   I
      II
     III
Wholesale Training   II
 
WAGE LEVEL C

Training Package    Certificate Level
Agriculture    I
              II
             III
Horticulture   I
              II
             III
Music   I
       II
      III
Racing Industry   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 AWARDS

[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 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

[common rule declared by N0277CR V004 Print 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

[common rule declared in ACT by N0277CR V005 Print 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.



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