Public Hospital (Training Wage) (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW Ministry of Health.
(No. IRC 430 of 2015)
|
Before The Honourable Justice Walton, President
|
13 July 2015
|
AWARD
Arrangement
Clause No. Subject Matter
PART A
1. Title
2. Definitions
3. Application
4. Objective
5. Supersession
6. Training
Conditions
7. Employment
Conditions
8 Wages
9. Grievance
and Dispute Procedures
10. No Extra
Claims
11. Area,
Incidence & Duration
PART B
Table 1 - Monetary Rates - Industry/Skill Level A
Table 2 - Monetary Rates - Industry/Skill Level B
Table 3 - Monetary Rates - School based Trainees
Appendix A Industry/Skills
Levels
Part A
1. Title
This Award shall be known as the Public Hospital (Training
Wage) (State) Award.
2. Definitions
"Ambulance Service" means the Ambulance Service of
NSW as referred to in section 67A of the Health Services Act 1997.
"Appropriate State Legislation" means the
Apprentice and Traineeship Act 2001 (NSW) or any successor legislation.
"Approved Training" means training undertaken
(both on or off the job) in a Traineeship and shall involve formal instruction,
both theoretical and practical, and supervised practice in accordance with a
Traineeship Scheme approved by the relevant NSW Training Authority. The
training will be accredited and lead to qualifications as set out in Clause
6-Training Conditions.
"Commission" means the Industrial Relations
Commission of New South Wales.
"Health Service" means a Public Health
Organisation or the Ambulance Service.
"Industrial Instrument" means an Award of the New
South Wales Industrial Relations Commission, Determination made pursuant to
section 116A of the Health Services Act 1997 or an Agreement made pursuant to
section 116A of the Health Services Act 1997.
"Ministry" means the Ministry of Health.
"Parties to a Traineeship Scheme" means the
employer organisation and/or the employer and the relevant union involved in
the consultation and negotiation required for the approval of a Traineeship
Scheme.
"Public Health Organisation" means an organisation
as defined in section 7 of the Health Services Act 1997.
"Relevant Award" means an award/agreement that applies
to a Trainee, or that would have applied but for the operation of this award.
"Relevant Union" means a union party to a relevant
award/agreement and which is entitled to enrol the Trainee as a member.
"Trainee" means an employee who is bound by a
Traineeship Agreement made in accordance with this award and employed in terms
of the public hospital award.
"Traineeship" means a system of training which has
been approved by the relevant NSW Training Authority and which is being
undertaken in a Health Service, either as an employee of that Health Service,
or as an employee of another organisation which has allocated the trainee to
the Health Service for the period of the traineeship.
"Traineeship Agreement" means an agreement made
subject to the terms of this Award between an employer and the Trainee for a
Traineeship and which is registered with the relevant NSW Training Authority or
under the provisions of the appropriate state legislation. A Traineeship Agreement shall be made in
accordance with the relevant approved Traineeship Scheme and shall not operate
unless this condition is met.
"Traineeship Scheme" means an approved Traineeship
applicable to a group or class of employees or to an industry or sector of an
industry or enterprise. A Traineeship
Scheme shall not be given approval unless consultation and negotiation with the
relevant union(s) regarding the terms of the proposed Traineeship Scheme has
occurred. An application for approval of
a Traineeship Scheme shall identify the relevant union(s) and demonstrate to
the satisfaction of the relevant NSW Training Authority that the abovementioned
consultation and negotiation has occurred.
A Traineeship Scheme shall include a standard format which may be used
for a Traineeship Agreement.
3. Application
(a) Subject to
subclause (c) of this clause this Award shall apply to persons who are
undertaking a Traineeship and is to be read in conjunction with any award of
the Industrial Relations Commission of New South Wales or other industrial
instrument which covers the terms and conditions of employment of persons
performing work in the classifications covered.
(b) The terms and
conditions of any such legally registered award of the Industrial Relations
Commission of New South Wales or other industrial instrument shall apply except
where inconsistent with this Award.
(c) Notwithstanding
the foregoing, this Award shall not apply to employees who were employed under
any legally registered award of the Industrial Relations Commission of New
South Wales or other industrial instrument prior to the date of approval of a
traineeship scheme relevant to the Ministry, except where agreed between the
Ministry and the relevant union(s).
(d) This award
does not apply to Apprentices.
4. Objective
The objective of this award is to assist with the
establishment of a system of traineeships which provides approved training in
conjunction with employment in order to enhance the skill levels and future
employment prospects of trainees, particularly young people and the long term
unemployed. The system is neither
designed nor intended for those who are already trained and job ready. It is not intended that existing employees
shall be displaced from employment by trainees.
Except as provided for in clause 6, Training Conditions nothing in this
award shall be taken to replace the prescription of training requirements in
the relevant award, former industrial agreement of the Industrial Relations
Commission of New South Wales, Enterprise Agreement or other industrial instrument.
5. Supersession
Any existing award or other industrial instrument provisions
for the Australian Traineeship System (ATS) or the Career Start Traineeship
(CST) shall only remain applicable in relation to ATS or CST trainees who commenced
a traineeship with a Health Service before the commencement of this Award.
6. Training
Conditions
(a) The Trainee
shall attend an approved training course or training program prescribed in the
Traineeship Agreement or as notified to the trainee by the relevant NSW
Training Authority in an accredited and relevant Traineeship Scheme.
(b) A Traineeship
shall not commence until the relevant Traineeship Agreement, made in accordance
with a Traineeship Scheme, has been signed by the employer and the trainee and
lodged for registration with the relevant NSW Training Authority, provided that
if the Traineeship Agreement is not in a standard format a Traineeship shall
not commence until the Traineeship Agreement has been registered with the
relevant NSW Training Authority.
The employer shall ensure that the Trainee is permitted
to attend the training course or program provided for in the Traineeship
Agreement and shall ensure that the Trainee receives the appropriate on-the-job
training.
(c) The employer
shall provide a level of supervision in accordance with the Traineeship
Agreement during the traineeship period.
(d) The employer
agrees that the overall training program will be monitored by officers of the
relevant NSW Training Authority and training records or work books may be
utilised as part of this monitoring process.
(e) Training shall
be directed at:
(i) the
achievement of key competencies required for successful participation in the
workplace where these have not previously been achieved (eg, literacy,
numeracy, problem solving, team work, using technology) and as are proposed to
be included in the Australian Quality Training Framework, Certificates at Level
1, or future qualifications at Level 1,
as determined from time to time by the Australian National Training Authority
and/or the New South Wales Department of Education and Communities.
This could be achieved through foundation competencies
which are part of endorsed competencies for an industry or enterprise.
(ii) The
achievement of competencies required for successful participation in an
industry or enterprise (where there are endorsed national standards these will
define these competencies), as are proposed to be included in the Australian
Quality Training Framework, Certificates at Level 2, or future qualifications
at Level 2, as determined from time to time by the Australian National Training
Authority and/or the New South Wales Department of Education and Communities.
7. Employment
Conditions
(a) Full Time
Traineeships
(i) A Trainee
shall be engaged as a full-time employee for a maximum of one year's duration
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 NSW Training Authority, the 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.
(ii) The Trainee
will be permitted to be absent from work without loss of continuity of
employment and/or wages to attend the training in accordance with the
Traineeship Agreement.
(iii) 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 industrial instrument or any other legislative
entitlements.
(iv) (a) The Traineeship Agreement may restrict
the circumstances under which the trainee may work overtime and shiftwork in
order to ensure that the training program is successfully completed.
(b) No Trainee
shall work overtime or shiftwork on their own unless consistent with the
provisions of the relevant award or other industrial instrument.
(c) No Trainee
shall work shiftwork unless the parties to a Traineeship Scheme agree that such
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.
(d) The Trainee
wage shall be the basis for the calculation of overtime and/or shift penalty
rates prescribed by the relevant industrial instrument, unless otherwise agreed
by the parties to a Traineeship Scheme, or unless the relevant award makes
specific provision for a Trainee to be paid at a higher rate, in which case the
higher rate shall apply.
(v) All other
terms and conditions of the relevant industrial instruments 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.
(vi) All conditions
of employment applying to temporary employees under the relevant Health Service
award, other than those specified in this Award, shall apply to Trainees.
(vii) A Trainee who
fails to complete the Traineeship or who is not offered employment upon the
completion of the Traineeship shall not be entitled to any severance payments.
(b) Full-Time
School-Based Traineeships
(i) School-Based
Trainees shall not be required to attend work during the interval starting four
weeks prior to the commencement of the final Higher School Certificate
examination period and ending upon the completion of the individual’s last
examination period.
(ii) For the
purposes of this Award, a School-Based Trainee shall become an ordinary Trainee
as at January 1 of the year following in which they cease to be a school
student.
(iii) School-based
trainees are to be paid an amount as detailed in Table 3, School Based
Trainees, of Part B, Monetary Rates.
(iv) School Based
Traineeships are part-time and subject to additional conditions.
(v) A
"school-based Trainee" may be defined as being a student enrolled in
the Higher School Certificate, or equivalent qualification, who is undertaking
a traineeship which forms a recognised component of their HSC curriculum, and
is endorsed by the relevant NSW Training Authority and the NSW Board of Studies
as such.
(c) Part Time
Traineeships
(i) A Trainee
shall be engaged as an employee on a part time basis by working less than full
time ordinary hours.
(ii) 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 (Trainee hours-Average weekly training time)
|
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30.4
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Note: 30.4 in the
above formula represents 38 ordinary full time hours less the average training
time for full time trainees (i.e. 20%).
(iii) "Full
time wage rate" means the appropriate rate as set out in Part B, Monetary
Rates.
(iv) "Trainee
hours" shall be the hours worked per week including the time spent in
approved vocational training. For the
purpose of this definition, the time spent in approved vocational training may
be taken as an average for that particular year of the Traineeship.
(v) "Average
weekly training time" is based upon the length of the Traineeship
specified in the Traineeship Agreement or the Training Contract as follows:
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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.
Note 2: The
parties note that the Traineeship Agreement will require a Trainee to be
employed for sufficient hours to complete all requirements of the Traineeship,
including the on the job work experience and demonstration of competencies. The
parties also note that this would normally result in the equivalent of a full
day’s on the job work per week.
(vi) 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.
(vii) A part time
Trainee may, by agreement, transfer from a part time to a full time Traineeship
position should one become available.
(viii) The minimum
engagement periods specified in the Relevant Award shall also be applicable to
part time Trainees.
(ix) Minimum and
maximum hours of work for part time employees specified in the Relevant Award
shall apply to part time Trainees also. Example of the Calculation for the Wage
Rate for a Part Time Traineeship
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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 Contract
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 2 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:
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$297 x
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15 - 3.8
|
= $146.42
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plus any applicable penalty rates under the relevant
Award.
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|
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30.4
|
|
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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.
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(d) Other
Conditions
For any other conditions of employment see Health
Employees’ Conditions of Employment (State) Award; Public Hospital
(Professional and Associated Staff) Conditions of Employment (State) Award; and/or
Operational Ambulance Officers (State) Award.
8. Wages
(a)
(i) The weekly
wages payable to Trainees are as provided in Table 1 - Industry/Skill Level A
and Table 2 - Industry/Skill Level B, of Part B, Monetary Rates.
(ii) These wage
rates will only apply to Trainees while they are undertaking an approved
Traineeship which includes approved training as defined in this Award.
(iii) The wage
rates prescribed by this clause do not apply to complete trade level training
which is covered by the Apprenticeship system.
(b) The weekly
wages set out in Part B, Monetary Rates are payable from the first full pay
period to commence on or after 16 December 2012 and include a compounding of
two increases of 2.5% per annum.
(c) The weekly
wages in this award recognise the 2011 and 2012 National Wage Decisions and are
paid in settlement of any increases that arise should these National Wage
Decisions be adopted for the purposes of awards under the Industrial Relations
Act 1996.
(d) Appendix A -
Industry/Skill Levels sets out the industry/skill level of an approved
Traineeship. The industry/skill levels
contained in Appendix A are prima facie the appropriate levels but are not
determinative of the actual skill levels (i.e. Skill Level A, B, or C) that may
be contained in a Traineeship Scheme.
The determination of the appropriate skill level for
the purpose of determining the appropriate wage rate shall be made by the
relevant NSW Training Authority based on the following criteria:
(i) Any agreement
of 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 relevant award contemplated by the Traineeship.
In the event that the parties disagree with such
determination it shall be open to any party to the Award to seek to have the
matters in dispute determined by the Commission.
(e) 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:
(i) include any
period of schooling beyond Year 10 which was not part of nor contributed to a
completed year of schooling;
(ii) include any
period during which a Trainee repeats in whole or part a year of schooling
beyond Year 10; and
(iii) not include
any period during a calendar year in which a year of schooling is completed.
(f) At the
conclusion of the Traineeship, this Award ceases to apply to the employment of
the Trainee and the relevant industrial instrument shall apply to the former
trainee.
9. Grievance and
Dispute Procedures
(a) Where any
grievance, question, dispute, or difficulty arises it shall be dealt with as
close to its source as possible. Where a matter is not resolved, further
attempts to resolve the matter must be made at progressively higher levels of
authority.
(b) Reasonable
time limits will be allowed at each level for any necessary discussion,
investigation and consideration of the matter. Whilst these procedures are continuing
the status quo shall remain and no stoppage of work or any other form of ban or
limitation of work shall be applied.
(c) A grievance of
an individual employee should firstly be put to his/her supervisor. At the
conclusion of discussions between the employee and the employer, the employer
must provide a response to the employee's grievance, and, in the event the
matter is not resolved, reasons for not implementing any proposed remedy.
(d) An employee or
employees may be represented by the Union or other appropriate person, and the
employer by an industrial organisation, at any stage of these procedures.
(e) In the event
that the matter remains unresolved, the matter may be referred to the
Industrial Relations Commission of New South Wales.
(f) If the
question, dispute or difficulty relates to training, the matter may be dealt
with under the Apprenticeship and Traineeship Act 2001 (NSW).
10. No Extra
Claims
Other than as provided for in the Industrial Relations Act
1996 and the Industrial Relations (Public Sector Conditions of Employment)
Regulation 2014, there shall be no further claims/demands or proceedings
instituted before the Industrial Relations Commission of New South Wales for
extra or reduced wages, salaries, rates of pay, allowances or conditions of
employment with respect to the employees covered by the Award that take effect
prior to 30 June 2016 by a party to this award.
11. Area,
Incidence and Duration
(a) This Award
shall apply to all classes of trainees in Appendix A - Industry/Skill Levels.
(b) Any existing
award or other industrial instrument provisions for the Australian Traineeship
System (ATS) or Career Start Traineeship (CST) shall only remain applicable in
relation to Australian Traineeship System trainees who commenced and are
continuing a traineeship with a Health Service before the commencement of this
award.
(c) This Award
shall rescind and replace the Public Hospital Training Wage (State) Award
published 5 April 2013 (375 I.G. 426) and all variations thereof.
(d) This award
commences on and from 1 July 2015 and remains in force for a period of 12
months.
Table 1 - Industry/Skill Level A:
Where the accredited training course and work performed
are for the purpose of generating skills which have been defined for work at
industry/skill Level A.
|
Highest Year of Schooling Completed
|
|
|
Year 10
|
Year 11
|
Year 12
|
|
|
|
1/7/15
|
1/7/15
|
1/7/15
|
|
|
|
2.5%
|
2.5%
|
2.5%
|
|
|
|
$
|
$
|
$
|
|
|
|
per week
|
per week
|
per week
|
|
|
School Leaver
(50%)
|
231
|
291
|
-
|
|
|
School
Leaver (33%)
|
272
|
327
|
394
|
|
|
Plus 1 year
out of school
|
327
|
394
|
458
|
|
|
Plus 2 years
|
394
|
458
|
532
|
|
|
Plus 3 years
|
458
|
532
|
609
|
|
|
Plus 4 years
|
532
|
609
|
609
|
|
|
Plus 5 years
or more
|
609
|
609
|
609
|
|
The figures in brackets indicate the average proportion
of time spent in Structured Training to which the associated wage rate is
applicable. Where not specifically indicated the average portion of time spent
in structured training which has been taken into account in setting the rate is
20 per cent.
Table 1 - Industry/Skill Level B:
Where the accredited training course and work performed
are for the purpose of generating skills which have been defined for work at
industry/skill Level B
|
Highest Year of Schooling Completed
|
|
|
|
Year 11
|
Year 12
|
|
|
1/7/15
|
1/7/15
|
1/7/15
|
|
|
2.5%
|
2.5%
|
2.5%
|
|
|
$
|
$
|
$
|
|
|
per week
|
per week
|
per week
|
|
School
Leaver (50%)
|
231
|
291
|
-
|
|
School
Leaver (33%)
|
272
|
327
|
380
|
|
Plus 1 year
out of school
|
327
|
380
|
438
|
|
Plus 2 years
|
380
|
438
|
515
|
|
Plus 3 years
|
438
|
515
|
586
|
|
Plus 4 years
|
515
|
586
|
586
|
|
Plus 5 years
or more
|
586
|
586
|
586
|
The figures in brackets indicate the average proportion
of time spent in Structured Training to which the associated wage rate is
applicable. Where not specifically indicated the average portion of time spent
in structured training which has been taken into account in setting the rate is
20 per cent.
School Based Trainees
|
Year of Schooling
|
|
|
Year 11
|
Year 12
|
|
|
1/7/15
|
1/7/15
|
|
|
2.5%
|
2.5%
|
|
|
$
|
$
|
|
|
per week
|
per week
|
|
School based
Traineeships Skill Levels A and B
|
297
|
327
|
APPENDIX A
(i) Any
Traineeship or Traineeships for a declared calling as defined by the
Apprenticeship and Traineeship Act 2001 (NSW).
(ii) Industry/Skill
Level A
Certificate III in Aboriginal and/or Torres Strait
Islander Primary Health Care
Certificate III in Allied Health Assistance
Certificate III in Basic Health Care
Certificate III in Non-Emergency Client Transport
Certificate III in Ambulance Communications
(Call-Taking)
Certificate III in Dental Assisting
Certificate III in Health Services Assistance
Certificate III in Nutrition and Dietetic Assistance
Certificate III in Pathology
Certificate III in Dental Laboratory Assisting
Certificate III in Mortuary Theatre Practice
Certificate III in Hospital/Health Services Pharmacy Support
Certificate III in Prosthetic/Orthotic Technology
Certificate III in Sterilisation Services
Certificate III in Health Support Services
Certificate III in Health Administration
Certificate III in Population Health
Certificate III in Indigenous Environmental Health
Certificate IV in Aboriginal and/or Torres Strait
Islander Primary Health Care (Practice)
Certificate IV in Aboriginal and/or Torres Strait
Islander Primary Health Care (Community Care)
Certificate IV in Allied Health Assistance
Certificate IV in Ambulance Communications
Certificate IV in Health Care (Ambulance)
Certificate IV in Anaesthetic Technology
Certificate IV in Audiometric Assessment
Certificate IV in Dental Assisting
Certificate IV in Operating Theatre Technical Support
Certificate IV in Neurophysiology Technology
Certificate IV in Pathology
Certificate IV in Rehabilitation and Assistive
Technology
Certificate IV in Cardiac Technology
Certificate IV in Cast Technology
Certificate IV in Mortuary Theatre Practice
Certificate IV in Hospital/Health Services Pharmacy
Support
Certificate IV in Sterilisation Services
Certificate IV in Health Administration
Certificate IV in Health Supervision
Certificate IV in Population Health
Certificate IV in Indigenous Environmental Health
Industry/Skill Level B
Certificate II in Aboriginal and/or Torres Strait
Islander Primary Health Care
Certificate II in Emergency Medical Services First
response
Certificate II in Health Support Services
Certificate II in Population Health
Certificate II in Indigenous Environmental Health
M. J. WALTON J , President
____________________
Printed by
the authority of the Industrial Registrar.