COACHMAKERS, &c., ROAD AND PERAMBULATOR MANUFACTURERS (STATE) 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 definitions "Training Agreement" and "Appropriate State Legislation" of subclause (c), of clause 35, Traineeships, of the award published 27 March 1998 and award review published 21 December 2001 (330 I.G. 629), as varied, and insert in lieu thereof the following:

 

"Training 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 DET under the Apprenticeship and Traineeship Act 2001.

 

"Appropriate State Legislation" means the Apprenticeship and Traineeship Act 2001 or any successor legislation.

 

2.          Delete paragraph (ii) of subclause (e), of the said clause 35 and insert in lieu thereof the following:

 

(ii)        An employer shall not terminate the employment of a trainee without first having provided written notice of termination to the trainee concerned and DET in accordance with the Training Agreement or the Apprenticeship and Traineeship Act 2001.

 

3.          Delete subparagraph (1) of paragraph (i) of subclause (f) of clause 35 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.

 

4.          Delete Appendix A - Skill Levels, and insert in lieu thereof the following:

 

APPENDIX A

 

Rates of Pay or Industry/Skill Levels

 

At the Parent Award Rate of Pay:

 

Nil.

 

Industry/Skill Level A

 

Nil.

 

Industry/Skill Level B

 

Nil.

 

Industry/Skill Level C

 

Nil.

 

5.          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.