Electricians,
&c. (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The
Electrical Contractors' Association of New South Wales, Industrial
Organisation of Employers.
(No. IRC 43 of 2007)
Before The Honourable
Justice Staunton
|
18 January 2007
|
VARIATION
1. Insert in
numerical order in the Arrangement of the award published 29 June 2001(325 I.G.
808), the following new clause number and subject matter:
39. School
Based Apprentices
2. Insert after
clause 38, Deduction of Union Membership Fees the following new clause:
39. School Based
Apprentices
39.1 Objective
The objective of this clause is to assist in the establishment
of a system of school based apprenticeship as part of 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 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.
39.2 Wages
(a) 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.
(b) For the
purposes of subclause (a) 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.
(c) 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.
39.3 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.
39.4 Conditions of
Employment
Except as otherwise provided by this Award, school
based apprentices are entitled to pro rata entitlements of all other conditions
of employment contained in this Award.
39.5 Disputes and
Disciplinary Matters
The provisions of the Apprenticeship and Traineeship
Act 2001 shall apply for the resolution of disputes and disciplinary
matters.
39.6 Leave Reserved
In relation to matter IRC No. 43 of 2007 leave is reserved
to have the matter re-listed urgently if any variation to the Vocational
Training Order applying to a school based apprentice covered by this award
occurs that is not with the consent of the parties to this award.
3. This
variation shall take effect on and from 18 January 2007.
P.J.
STAUNTON J
____________________
Printed by
the authority of the Industrial Registrar.