CONFECTIONERS (STATE) TRAINING WAGE AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch, industrial organisation of employees.

 

(No. IRC 1974 of 2002)

 

 

VARIATION

 

1.          Delete the Arrangement, of the award published 6 September 1996 and award review published 25 January 2002 (330 I.G. 1076), as varied and insert in lieu thereof the following and renumber all clauses throughout the award accordingly:

 

Arrangement

 

PART A

 

1.         Title

2.         Application

3.         Objective

4.         Definitions

5.         Training Conditions

6.         Employment Conditions

7.         Wages

8.         Grievance Procedures

9.         Anti-Discrimination

10.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Weekly Rates - Industry/Skill Level A

Table 2 - Weekly Rates - Industry/Skill Level B

Table 3 - Weekly Rates - Industry/Skill Level C

Appendix A - Rates of Pay or Industry Skill Levels

 

2.          Delete the definition of "Traineeship Agreement" appearing in clause 4, Definitions and insert in lieu thereof the following:

 

Traineeship Agreement means an instrument which establishes a Traineeship under the Industrial and Commercial Act 1989.  (Note:  Under the Apprenticeship and Traineeship Act 2001, a training agreement is also referred to as an indenture).

 

3.          Delete subclause (d) of clause 6, Employment Conditions and insert in lieu thereof the following:

 

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

 

An employer who chooses not to continue the employment of a trainee upon the completion of the traineeship shall notify, in writing, the Relevant NSW Training Authority of their decision.

 

4.          Delete subclause (f) of clause 7, Wages, and insert in lieu thereof the following:

 

Appendix A sets out the rate of pay or level of a Traineeship.  Where the actual traineeship is listed in Appendix A the rate of pay or skill level in respect of the traineeship is determinative of the actual rate of pay or skill levels (i.e. skill levels A, B or C) that are contained in the Traineeship.  Where a new traineeship for the purpose of this award is established by the relevant authority, the determination of the appropriate rate of pay or skill level for the purpose of determining the appropriate wage rate is to be based on the following criteria:

 

(i)         Any agreement of the parties or submissions by the parties

 

(ii)        The nature of the industry

 

(iii)       The total training plan

 

(iv)       Recognition that training can be undertaken in stages

 

(v)        The exit skill level in the Parent Award contemplated by the traineeship.

 

A trainee engaged in a traineeship prior to 22 April 2002, who is paid rates of pay or receives conditions that are better than the rates of pay or conditions in this award, shall not be financially or otherwise disadvantaged through the introduction of this clause and shall maintain their existing rate of pay and/pr prior conditions until the cessation of their traineeship.

 

5.          Delete clause 8, Special Arrangements.

 

6.          Delete subparagraph (i) of paragraph (v) of subclause (a), of clause 9, Grievance Procedures and insert in lieu thereof the following:

 

(i)         If the dispute relates to issues of training, then the matter may be referred to the NSW Commissioner for Vocational Training in accordance with the Apprenticeship and Traineeship Act 2001; or

 

7.          Delete the first paragraph of clause 10, Area, Incidence and Duration, and insert in lieu thereof the following:

 

It is the intention of this award that it shall only apply where there are declared traineeships (as defined) in place, excluding the County of Yancowinna.

 

8.          Insert at the end of Part B, Monetary Rates, the following new Appendix A:

 

APPENDIX A

 

Rates of Pay or Industry/Skill Levels

 

At the Parent Award Rate of Pay:

 

Industry/Skill Level A

Food Processing Certificate III

 

Industry/Skill Level B

Food Processing Certificate II

 

Industry/Skill Level C

Nil

 

 

9.          This variation shall take effect from the first pay period on or after 22 April 2002.

 

 

 

F. L. WRIGHT  J, President.

 

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Printed by the authority of the Industrial Registrar.