PRIVATE HOSPITALS, AGED CARE AND DISABILITY SERVICES INDUSTRY (TRAINING)
(STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 5776 of 2003)
|
Before Commissioner
Bishop
|
13 April 2004
|
REVIEWED AWARD
1. Renumber in
the Arrangement, clause 8A, Anti-Discrimination to read as clause 9, and clause
9, Leave Reserved, to read as clause 10, and clause 10, Area, Incidence and Duration
to read as clause 11, of the award published 2 June 2000 (315 I.G. 1404), as
follows:
9. Anti-Discrimination
10. Leave
Reserved
11. Area,
Incidence and Duration
2. Delete the
definitions "Approved Training" "Relevant Award"
"Relevant Union" "Trainee" and Traineeship Agreement"
in clause 2, Definitions, and insert in lieu thereof the following:
"Structured Training" means that training
which is specified in the Training Plan which is part of the Training Contract
registered with the relevant NSW Training Authority. It includes training undertaken both on and off the job in a
traineeship and involves formal instruction, both theoretical and practical,
and supervised practice. The training
reflects the requirements of a traineeship approved by the relevant NSW
Training Authority and leads to a qualification set out in sub-clause (e) of
clause 5, Training Conditions.
"Parent Award" means the Charitable Sector
Aged and Disability Care Services (State) Award-2003, the Charitable Aged and Disability
Care Services (State) Award, the Private Hospitals Employees (State) Award, the
Private Hospital Professional Employees (State) Award, the Aged Care General
Services (State) Award, the Charitable Institution (Professional Para-medical
Staff) (State) Award, or any subsequent award which varies or replaces the
above Awards, and/or an Enterprise Agreement of the Commission, which apply or
would have applied to the trainee but for the operation of these awards.
"Relevant Union" means the Health Services
Union.
"Trainee" is an individual who is a signatory
to a Training Contract registered with the relevant NSW Training Authority and
is involved in paid work and structured training which may be on or off the
job. A Trainee can be full time, part-time or school based and whose working
conditions are in accordance with the relevant parent award.
"Training Contract" means a contract entered
into for the purposes of establishing a Traineeship under the
Apprenticeship and Traineeship Act 2001 (NSW).
3. Delete the
definitions "Traineeship Scheme" and "Parties to a Traineeship
Scheme" in clause 2, Definitions.
4. Insert the
following new definitions
"Training Plan" and "Relevant NSW Training Authority" in
clause 2, Definitions:
"Training Plan" means a program of training
which forms part of a Training Contract registered with the Relevant NSW
Training Authority:
"Relevant NSW Training Authority" means the
Department of Education and Training, or successor organisations.
5. Delete the
words "Relevant Award" wherever appearing in the award, and insert in
lieu thereof the following:
"Parent Award"
6. Delete the
words "Traineeship Scheme" in subclause (c) of 3, Application, and
insert in lieu thereof the following:
"Traineeship"
7. Delete
subclause (a) of clause 5, Training Conditions, and insert in lieu thereof the
following:
(a) The Trainee
shall attend an approved training course or training program prescribed in the
Training Contract or as notified to the trainee by the relevant NSW Training Authority
in an accredited and relevant Traineeship.
8. Delete the
words "Traineeship Agreement" wherever it appears in the award, and
insert in lieu thereof the following:
"Training Contract"
9. Delete the
words "Traineeship Scheme" in paragraph (i) of subclause (a) of
clause 6, Employment Conditions, and insert in lieu thereof the following:
"Traineeship"
10. Delete
paragraph (ii) of subclause (a) of clause 6, and insert in lieu thereof the
following:
(ii) Where the
Trainee completes the qualification in the Training Contract earlier than the
time specified in the Training Contract then the Traineeship may be concluded
by mutual agreement.
11. Delete
subclause (b) Part-time Traineeships - of clause 6, and insert in lieu thereof
the following:
(b) 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) For
traineeships not covered by Clause 7(a)(ii), the formula displayed in subclause
(iii) for the calculation of wage rates shall apply.
(iii) 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 X Trainee hours-Average weekly
training time
|
|
30.4
|
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%).
(iv) "Full time
wage rate" means the appropriate rate as set out in Part B, Monetary
Rates.
(v) "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.
(vi) "Average
weekly training time" is based upon the length of the Traineeship
specified in the Training Contract or the Training Contract as follows:
|
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 Training Contract
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.
(vii) 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.
(viii) A part time
Trainee may, by agreement, transfer from a part time to a full-time Traineeship
position should one become available.
(ix) The minimum
engagement periods specified in the Parent Award shall also be applicable to
part-time Trainees.
(x) Minimum and
maximum hours of work for part-time employees specified in the Parent Award
shall apply to part-time Trainees also.
|
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 Parent
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:
|
$207 x
|
15 - 3.8
|
= $76.26 plus any
applicable penalty rates under the Parent Award
|
|
|
30.4
|
|
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.
|
12. Delete
subclause (d) of clause 6, and insert in lieu thereof the following:
(d) An Employer
shall not terminate the employment of a Trainee without firstly having provided
written notice of termination to the Trainee, and to the Relevant NSW Training
Authority in accordance with the Training Contract or the Apprenticeship and
Traineeship Act 2001 (NSW).
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.
13. Delete
paragraphs (i) to (iv) of subclause (g) of clause 6, and insert in lieu thereof
the following:
(g)
(i) The Training
Contract may restrict the circumstances under which the Trainee may work
overtime and shiftwork in order to ensure that the training program is
successfully completed.
(ii) No Trainee
shall work overtime or shiftwork on their own unless consistent with the
provisions of the Parent Award.
(iii) No Trainee
shall work shiftwork unless the parties to this Award agree that such shiftwork
makes satisfactory provision for structured 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.
(iv) The Trainee
wage shall be the basis for the calculation of overtime and/or shift penalty
rates prescribed by the Parent Award.
14. Delete
paragraphs (i) to (iii) of subclause (a) of clause 7, Wages, and insert in lieu
thereof the following:
(i) The weekly
wages payable to full time trainees shall be as follows:
|
Industry/Skill Level A
|
Table 1
|
|
Industry/Skill Level B
|
Table 2
|
|
Industry/Skill Level C
|
Table 3
|
|
School Based Trainees
|
Table 4
|
(ii) Table 5, Hourly
Rates for Trainees Who Have Left School, and Table 6, Hourly Rates for
School-Based Traineeships of Part B, Monetary Rates, are the hourly rates of
pay where the training is either fully off-the-job or where 20% of time is
spent in approved training. These rates are derived from a 38-hour week.
(iii) These wage
rates will only apply to Trainees while they are undertaking an approved
Traineeship, which includes approved training as defined in this Award.
(iv) The wage rates
prescribed by this clause do not apply to complete trade level training, which
is covered by the Apprenticeship system.
15. Delete
subclause (d) of clause 8, Grievance and Dispute Procedures, and insert in lieu
thereof the following:
(d) An employee or
employees may be represented by the Health Services Union, or other appropriate
person, and the Employer, by an industrial organisation, at any stage of these
procedures.
16. Insert after
subclause (iii) of clause 10, Area, Incidence and Duration the following new
subclauses:
(iv) The changes
made to the award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act 1996 and Principle 26 of the Principles for
Review of Awards made by the Industrial Relations Commission of NSW on 28 April
1999 (310 I.G. 359) and take effect on 13 April 2004.
(v) This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
17. Delete
Appendix "A" and insert in lieu thereof the following:
APPENDIX A
Any Traineeship or Traineeships for a declared calling as
defined by the Apprenticeship and Traineeship Act 2001 (NSW).
Industry/Skill Level A
Community Services
Certificate III - Community Services-Aged Care Work
Certificate III - Community Services-Disability Work
Certificate III - Community Services-Home & Community
Care
Certificate III - Community Services Work
Certificate IV - Community Services-Alcohol & Other
Drugs Work
Certificate IV - Community Services-Disability Work
Certificate IV - Community Services-Service Co-ordination
Certificate IV - Community Services Work
Health
Certificate III - Aboriginal and Torres Straight Islander
Health
Certificate III - Health - Aboriginal & Torres Strait
Islander Health Worker
Certificate III - Health Service Assistance-Allied Health
Assistance
Certificate III - Health Service Assistance-Client/Patient
Services
Certificate III - Health Service Assistance-Hospital &
Community Health
Pharmacy Assistance
Certificate III - Health Service Assistance-Nutrition &
Dietetic Support
Certificate III - Health Service Assistance-Operating
Theatre Support
Certificate III - Health Service Assistance-Pathology
Assistance
Certificate III - Health Service Assistance-Sterilisation
Services
Certificate III - Health Services-Dental Assisting
Certificate III - Health Support Services-Cleaning Support
Services
Certificate III - Health Support Services-Client/Patient
Support Services
Certificate III - Health Support Services-Laundry Support
Services
Certificate III - Health Support Services-General
Maintenance
Certificate III - Health Support Services-Grounds
Maintenance
Certificate IV - Health Service Assistance-Hospital &
Community Health
Pharmacy Technician
Certificate IV - Health Services-Basic Emergency Care
Certificate IV - Health Services-Dental Assisting-Dental
Radiography
Certificate IV - Health Services-Dental Assisting-Oral
Health Education
Certificate IV - Health Services-Health Support
Services-Supervision
Certificate IV - Health Services-Pathology Specimen
Collection
General
Certificate III - Office Administration
Certificate III - Transport and Storage (Warehousing)
Certificate III - Laboratory Operations-Laboratory Skills
Certificate IV - Information Technology
Certificate IV - Information Technology - User Support
Certificate IV - Transport and Storage (Warehousing)
Industry/Skill Level B
Community Services
Certificate II - Community Services - Support Work
Health
Certificate II - Health Services-Health Support
Services-Cleaning Support Services
Certificate II - Health Services-Health Support
Services-Client/Patient Support
Services
Certificate II - Health Services-Health Support
Services-Food Support Services
Certificate II - Health Services-Health Support
Services-General Maintenance
Certificate II - Health Services-Health Support
Services-General Transport Support
Certificate II - Health Services-Health Support
Services-Grounds Maintenance
Certificate II - Health Services-Health Support Services-Laundry
Support Services
Certificate II - Health Services-Health Support
Services-Stores
Certificate II - Health Support Services
General
Certificate II - Amenity Horticultural Operations
Certificate II - Clerical Administrative Skills
Certificate II - Customer Support
Certificate II - Hospitality Operations
Certificate II - Information Technology
Certificate II - Laboratory Operations-Laboratory Skills
Certificate II - Transport and Storage (Warehousing)
Certificate II - Office Administration
E. A. R. BISHOP,
Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.