Restaurants, &c.,
Employees (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Australian
Business Industrial, Industrial Organisation of Employers and State Peak
Council.
(No. IRC 3656 of 2006)
Before The Honourable
Justice Wright, President
|
21 December 2006
|
VARIATION
1. Insert after
subclause 2.6, of Clause 2, Definitions, of the award published 19 January 2001
(321 I.G. 759) the following new definition for School based apprentice:
2.7 School based
apprentice is an employee who is undertaking an apprenticeship under a training
contract while also enrolled in the Higher School Certificate. The school based apprenticeship may commence
upon the completion of the Year 10 School Certificate exams. 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.
2 Insert after
subclause 9.3, of Clause 9, Wages, the following new subclause 9.4:
9.4 Rates of Pay
for school based apprentice
9.4.1 The hourly
rates for full time apprentices as set out in this Award shall apply to school
based apprentices for total hours worked including time deemed to be spent in
off-the job training.
9.4.2 For the
purposes of subclause 9.4.1 of this clause, 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.
9.4.3 Where this
Award specifies a weekly rate for full time apprentices the hourly rate shall
be calculated by dividing the applicable weekly rate by 38.
3. Insert after
subclause 14.2, Tool Allowance of Clause 14, Apprentices, the following new
subclauses:
14.3 Progression
through Wage Structure
14.3.1 School based
apprentices progress through the wage scale at the rate of 12 months’
progression for each two years of employment as an apprentice.
14.3.2 The rates of pay
are based on a standard apprenticeship of four years. The rate of progression
reflects the average rate of skill acquisition expected from the typical
combination of work and training for a school based apprentice undertaking the
applicable apprenticeship.
14.4 Conversion from
a school based to a full time apprenticeship
Where an apprentice converts from a school based to a
full-time apprenticeship, all time spent as a full-time apprentice counts for
the purpose of progression through the wage scale set out in this Award. This progression applies in addition to the
progression achieved as a school based apprentice.
14.5 Conditions of
Employment
Except as provided by this award, school based
apprentices are entitled to pro rata entitlements of all other conditions of
employment contained in this Award.
14.6 Disputes and
Disciplinary Matters
The provisions of the Apprenticeship and Traineeship
Act 2001 shall apply for the resolution of disputes and disciplinary matters.
4. This
variation shall take effect from 1 January 2007.
F.
L. WRIGHT J
, President
____________________
Printed by the
authority of the Industrial Registrar.