Local Government (State) Award
2004
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Local
Government Association of New South Wales, Industrial Organisation of
Employers.
(No. IRC 3654 of 2006)
Before The Honourable Justice
Wright, President
|
21 December 2006
|
VARIATION
1. Insert a new
subclause (D) School Based Apprentices, in clause 24, Junior and Trainee
Employment, of the award published 22 April 2005 (350 I.G. 471), and reletter the
existing subclause (D) to read as (E).
(D) School Based
Apprentices
(i) The object of
Part D of this clause is to assist persons who are undertaking an
apprenticeship under a training contract while also enrolled in the Higher
School Certificate. Such school based
apprenticeships are undertaken at a minimum Certificate III Australian
Qualifications Framework (AQF) qualification level as specified in the relevant
Vocational Training Order pursuant to the Apprenticeship and Traineeship Act
2001 (NSW).
(ii) The hourly
rate for school based apprentices for total hours worked including time deemed
to be spent in off-the job training shall be calculated by dividing the
applicable weekly rate for full time apprentices as set out in Band 1/Level 1
by 38 or 35 in accordance with clause 16, Hours of Work.
(iii) For the
purpose of subclause (ii), where a school based apprentice is a full time
school student, the time spent in off-the-job training for which the school
based apprentice is paid is deemed to be 25 per cent of the actual hours worked
on-the-job each week. The wages paid
for training time may be averaged over the school term or year.
(iv) School based
apprentices progress through the rates of pay set out in Band 1/Level 1 subject
to successful completion of appropriate training modules and satisfactory
service.
(v) Except as
provided by this award, school based apprentices are entitled to pro rata
entitlements of all other conditions of employment.
2. Delete
subclause (iii) of clause 39, Leave Reserved and insert in lieu thereof the
following:
(iii) Leave is
reserved for the parties to the award to apply to vary the traineeship wage
rates in clause 24E (xvi) in accordance with movements in the National Training
Award.
3. Insert after subclause
(xvi) of clause 40, Area, Incidence and Duration, the following new subclause:
(xvii) Variations to
clause 24D School Based Apprentices, and Part E, Government Funded Traineeships
shall be effective from the first pay period commencing on or after 1 January
2007.
4 This
variation shall take effect on and from 1 January 2007.
F.
L. WRIGHT J
, President
____________________
Printed by
the authority of the Industrial Registrar.