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AP782505CR - Graphics Arts - General - Award 2000

PART 5 - WAGES AND RELATED MATTERS 

5.1 WAGE RATES & CLASSIFICATION STRUCTURE

[5.1.1 corrected by S2976; varied by S8770 PR905398 PR919042 PR932719 PR947302 (PR959129 cancelled and replaced by PR959585) PR959585; substituted by PR965498 ppc 26Oct05; corrected by PR966443 ppc 26Oct05]

5.1.1(a) CLASSIFICATIONS, WEEKLY WAGE RATES, QUALIFICATIONS AND POINTS

(i) Adult employees must be paid the following minimum weekly wage set out in Table 'A'.

The classifications set out in Table 'A' shall be read in conjunction with Part 5 and Appendix 'F'.

(ii) TABLE 'A'

Column A

Column B

Column C

Column D

Employee classification Level

Minimum weekly wage rate ($)

Alignment to Qualification from the Printing and Graphic Arts Training Package

Equivalent Points Range for the Level

       

Level 1

484.40

 

Entry level

Level 2

501.10

 

6

Level 3

523.60

 

18

Level 4

544.50

Certificate II

28

Level 5

578.20

Trade Certificate/ Certificate III

41 (including at least 5 units of 3 points) or more

Level 6

599.10

 

51 (including at least 5 units of 3 or more points and 2 units of 4 or more points)

Level 7

619.90

 

61 (including at least 5 units of 3 or more points and 4 units of 4 or more points)

Level 8

638.80

Certificate IV (except asset out in 5.1.1(a)(iii))

71 (including at least 6 units of 4 or more points)

(iii) The following qualifications are excluded from 5.1.1(a)(ii), Table “A”, Column “C” and 5.1.1(b)(iv):

(iv) The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review - Wages June 2005 decision [PR002005]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wages rates prescribed in the award. Such above-award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required.

(v) Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

5.1.1(b) CLASSIFICATION / RECLASSIFICATION OF EMPLOYEES

5.1.1(b)(i) ASSIGNMENT/REASSIGNMENT OF CLASSIFICATION

The reassignment and future assignment of an employee's classification and the assignment of a new employee’s classification will be in accordance with the principles set out in 5.1.1(b).

5.1.1(b)(ii) ABSORPTION

Wage increases arising from the implementation of the classification structure are subject to absorption into existing overaward payments;

5.1.1(b)(iii) NO LOSS OF PAY

No employee's ordinary rate of pay shall be reduced as a result of the introduction of the new industry classification structure.

5.1.1(b)(iv) NO LOSS OF CLASSIFICATION IF CERTAIN REQUIREMENTS ARE MET

No employee’s existing classification shall be reduced as a result of the implementation of the new classification structure. This is subject to the employee undertaking training, where required by the employer, to enable the employee to carry out the full range of tasks to be performed at that classification level.

5.1.1(b)(v) CONSULTATION

The parties at each plant or enterprise shall undertake appropriate consultation in accordance with Clause 3.1 - Consultative Mechanisms and Procedures regarding the implementation of the new classification structure.

5.1.1(b)(vi) CLASSIFICATION OF EMPLOYEES WITH A FORMAL (AQF) QUALIFICATION

As from 26 April 2006 (date of end of transition period), where employees have completed a qualification recognised in the Printing and Graphic Arts Industry Training Package and in Table A, and are using the skills and knowledge gained from that qualification in accordance with the needs of the enterprise, then they must, as a minimum be classified at the level specified in table “A”.

This also applies to a qualification which has been recognised by an Industry Skills Council or a Federal or State Training Authority which is equivalent to a qualification recognised in the Printing and Graphic Arts Training Package and in Table ‘A’.

Employees can receive a qualification through recognition of prior learning and/or overseas qualifications where that prior learning and/or overseas qualification is recognised by an Industry Skills Council or a Federal or State Training Authority as being equivalent to a qualification in the Printing and Graphic Arts Training Package and in Table ‘A’.

Employees will transfer into the classification structure on the basis of the alignment of classifications to qualifications, as set out in Table ‘A’.

For example, a printing apprentice passes their final year and qualifies as a Printing Tradesperson with a Certificate III in Printing and Graphic Arts. This places the newly qualified printer at a minimum of Level 5 in the classification structure. If the printer is required to perform additional tasks or more complex tasks they may be performing a job which falls into a higher level of the classification structure .

Provided that should there be any dispute or disagreement in relation to classification or reclassification beyond the alignment of classifications to qualifications as set out in Table A, the points system at 5.1.1(b)(ix) shall be used.

5.1.1(b)(vii) CLASSIFICATION OF EMPLOYEES WITHOUT A FORMAL (AQF) QUALIFICATION

Subject to 5.1.1(b), employees will translate into the classification structure on the following basis as determined by the employer:

(1) That they meet the requirements of the classification definitions in sub-clauses 5.1.1(c); or

(2) That they meet the points requirements set out in 5.1.1(a)(ii), Table “A” and Appendix “F”;

Provided that should there be any dispute or disagreement in relation to classification or reclassification, method (2) above shall be used in accordance with 5.1.1(b)(ix).

Only skills and knowledge which are being used in accordance with the needs of the enterprise will be taken into account for classification purposes.

5.1.1(b)(viii) CONSULTATION PRIOR TO USING THE POINTS SYSTEM IN CASES OF DISPUTE OR DISAGREEMENT

In circumstances where an employee(s) dispute or disagree with:

(1) the employer using the classification definitions at 5.1.1(c) to determine his/her classification; or

(2) the classification level assigned to him/her by the employer using the classification definitions at 5.1.1(c)

The employee and the employer must immediately consult with each other. The employee may appoint another person to assist them consult with the employer, including the union delegate. If the dispute or disagreement is unable to be resolved in a reasonable time it will be dealt with in accordance with Clause 5.1.1(b)(xi).

5.1.1(b)(ix) USING THE POINTS SYSTEM TO DETERMINE AN EMPLOYEE'S CLASSIFICATION

(1) The points assessment for an employee’s job is based on selecting competencies that reflect job requirements from the list appearing in Appendix "F". The competencies set out in Appendix "F" have been assigned a points rating from "1" - "5", with 1 being a basic unit and 5 being assigned to units requiring a high level of skill.

The competencies and the "1" - "5" ratings are based on the following general guidelines:

(2) An employee’s classification level is determined by adding together the points allocated to each competency selected for the employees job. The total number of points determines into which classification level at 5.1.1(a) Table A, the employee’s job is classified. For example, an employee whose job consisted of competencies whose points when added together totalled 42, would be classified at Level 5 (if at least 5 of the competencies are worth at least 3 points each).

(3) In addition to (1) above, where an employer requires additional competencies to reflect job requirements, up to two additional competency units may be selected, by agreement, from another nationally endorsed Training Package, subject to the following:

5.1.1(b)(x) TIMING OF TRANSLATION INTO THE NEW CLASSIFICATION STRUCTURE

Translation into the new structure will occur within a period of six months from 26 October 2005.

5.1.1(b)(xi) DEALING WITH CLASSIFICATION DISPUTES

A. The competencies set out in Appendix “F” are aligned to the units of competency in the Printing and Graphic Arts Industry Training Package (ICP05). In the event of a dispute over the meaning of the competencies, the relevant competency standard from ICP05 will be used for interpretation.

B. Any disputes in relation to classification or reclassification shall be handled in accordance with the dispute-settling procedure in clause 3.2 of the award. If any of the parties involved in the dispute wish to have the dispute resolved by a Board of Reference, a Board of Reference will be established by the Commission in accordance with s.131 of the Workplace Relations Act. The Board will contain a representative of the union, a representative of the employer and an independent Chairperson who must be a member of the Commission.

C. In dealing with disputes over such issues, the Board may:

5.1.1(b)(xii) INCAPACITY TO PAY

An employer may apply to the Commission to phase in wage increases arising from the implementation of the new classification structure, on the basis of the employer's incapacity to pay.

5.1.1(b)(xiii) REVIEW OF THE NEW CLASSIFICATION STRUCTURE

The parties will review the classification structure and its implementation 18 months after its insertion into the award. This is not intended to detract from a parties right to pursue changes to the classification structure at an earlier time.

5.1.1(c) CLASSIFICATION DEFINITIONS

The definitions for the classification levels are as follows:

Employee Level 1

An employee at this level is undertaking up to 38 hours of induction training. This does not restrict or limit the employment of new employees at a higher level should they be accepted as possessing experience or skills appropriate to a higher level.

An employee at this level:

On the completion of the required training, the employee shall be reclassified to Level 2.

Employee Level 2

An employee at this level performs work above the skills of an employee at Level 1 to the level of his/her competence, skill and training.

An employee at this Level will be capable of:

Indicative tasks at this level may include:

Employee Level 3

An employee at this level performs work above the skills of an employee at Level 2 to the level of his/her competence, skill and training.

An employee at this level will be capable of:

Indicative tasks at this level may include

Employee Level 4

An employee at this level performs work above the skills of an employee at Level 3 to the level of his/her competence, skill and training. An employee at this level may have completed an AQF Certificate Level II or equivalent training qualification.

An employee at this Level will be capable of:

Indicative tasks at this level may include

Employee Level 5

An employee at this level performs work above the skills of an employee at Level 4 to the level of his/her competence, skill and training. An employee at this level may have completed a trade certificate, AQF Certificate Level III or equivalent training qualification.

An employee at this Level will be capable of:

Indicative tasks at this level may include

Employee Level 6

An employee at this level performs work above the skills of an employee at Level 5 to the level of his/her competence, skill and training. An employee at this level may have completed a trade certificate, AQF Certificate Level III or equivalent training

An employee at this level will be capable of:

Indicative tasks at this level may include

Employee Level 7

An employee at this level performs work above the skills of an employee at Level 6 to the level of his/her competence, skill and training. An employee at this level may have completed a trade certificate, AQF Certificate Level III or equivalent training

An employee at this level will be capable of:

Indicative tasks at this level may include

Employee Level 8

An employee at this level performs work above the skills of an employee at Level 7 to the level of his/her competence, skill and training. An employee at this level may have completed a trade certificate, AQF Certificate Level IV or equivalent training

An employee at this level will be capable of:

Indicative tasks at this level may include

5.1.1(d) DEFINITIONS :

The following definitions apply for the purposes of Part 5 of the Award.

5.1.1(d)(i) “Or equivalent” means a qualification which has been recognised by an Industry Skills Council or a Federal or State Training Authority which is genuinely equivalent to a qualification within the Printing and Graphic Arts Training Package (ICP05).

5.1.1(d)(ii) “AQF” means the Australian Qualifications Framework.

5.1.1(d)(iii) “Training Package” means the Printing and Graphic Arts Industry Training Package (ICP05).

5.1.1(d)(iv) “Another nationally endorsed training package” means Training Packages other than the Printing and Graphic Arts Training Package (ICP05) that are endorsed by an Industry Skills Council or a Federal or State Training Authority.

5.1.1(e) TRAINING

5.1.1(e)(i) The parties to this award recognise that in order to increase the efficiency, productivity and international competitiveness of industry, a greater commitment to training and skill development is required. Accordingly, the parties commit themselves to :

(A) developing a more highly skilled and flexible workforce;

(B) providing employees with career opportunities through appropriate training to acquire additional skills; and

(C) removing barriers to the utilisation of skill acquired.

5.1.1(e)(ii) Following proper consultation in accordance with clause 3.1 which may include the establishment of a training committee, an employer shall develop a training programme consistent with :

(A) the current and future skills needs of the enterprise;

(B) the size, structure and nature of the operations of the enterprise;

(C) the need to develop vocational skills relevant to the enterprise and the printing industry which include courses conducted by accredited educational institutions and providers.

5.1.1(e)(iii) Where it is agreed a training committee be established, that training committee should be constituted by equal numbers of employer and employee representatives and have a charter which clearly states its role and responsibilities, for example:

(A) formulation of a training programme and availability of training courses and career opportunities to employees;

(B) dissemination of information on the training programme and availability of training courses and career opportunities to employees;

(C) the recommending of individual employees for training and reclassification;

(D) monitoring and advising management and employees on the ongoing effectiveness of the training.

5.1.1(e)(iv)(A) Where, as a result of consultation in accordance with Clause 3.1 and with the employee concerned, it is agreed that additional training in accordance with the programme developed pursuant to sub-clause (e)(ii) herein should be undertaken by an employee, that training may be undertaken either on or off the job. If the training is undertaken during ordinary working hours the employee concerned shall not suffer any loss of pay. This shall not prevent the employer and employee(s) agreeing to paid leave for other relevant training.

(B) Where an employee does not meet the requirements for their current classification level they must undertake training, where required by the employer, to enable him or her to carry out the full range of required tasks at their classification. The training may be undertaken either on or off the job. If the training is undertaken during ordinary working hours the employee concerned shall not suffer any loss of pay.

(C) Any costs associated with standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in the employer's technical library) incurred in connection with the undertaking of training shall be reimbursed by the employer upon production of evidence of such expenditure. Provided that reimbursement shall also be on an annual basis subject to the presentation of reports of satisfactory progress.

(D) Travel costs incurred by an employee undertaking training in accordance with this clause which exceed those normally incurred in travelling to and from work shall be reimbursed by the employer.

5.1.1(e)(v) Any disputes arising in relation to these subclauses are subject to the provisions of Clause 3.2 - Dispute Settlement, of Part 3 of this award.

5.1.2 Junior wages

5.1.2(a) Junior (other than a Junior Artist and/or Designer or a Junior Keyboard Operator/Assembler) not being an Apprentice

Where the work is performed by a junior (other than a junior artist and/or designer or a junior keyboard operator/assembler) not being an apprentice, the minimum award rate of wage will be the undermentioned percentages of the wage of an employee working at the wage prescribed for group level 2 for the area in which they are employed:

 

Percentage

under 16 years of age

30

between 16 and 17 years of age

40

between 17 and 18 years of age

50

between 18 and 19 years of age

60

between 19 and 20 years of age

75

between 20 and 21 years of age

90

5.1.2(b) Junior keyboard operator/assembler

The minimum rate of wage payable to a junior employed as a keyboard operator/assembler will be the award rate of wage prescribed for group level 4 for the area in which they are employed.

5.1.2(c) Junior artist and/or designer (Including junior commercial artist)

5.1.2(c)(i) Wages

Where the work is performed by a junior artist and/or designer (including a junior commercial artist) the minimum rates of wages will be the percentage set out below of the wage of an employee working at the rate prescribed for group level 4 of this award for the area in which they are employed:

 

%

   

under 17 years of age

37.5

between 17 and 18 years of age

47.5

between 18 and 19 years of age

60

between 19 and 20 years of age

72.5

between 20 and 21 years of age

87.5

5.1.2(c)(ii) Attendance at accredited training provider

On the production by the junior artist of a certificate from the accredited training provider showing that the junior artist has given satisfactory attention to the course then there will be no deduction from the junior artist's pay for the time of absence.

5.1.2(c)(iii) Fees

The fees of the training provider must be paid by the employer (unless paid by the State or Territory government).

5.1.2(d) Duties of juniors under specified conditions

5.1.2(d)(i) No junior under the age of eighteen years, unless an apprentice, will be employed on a casting machine.

5.1.2(d)(ii) An employer must not permit or require an employee under the age of eighteen years to be employed on a power driven guillotine (unless an apprentice under contract as provided in 5.1.3 of this award) or a platen or cylinder machine used for carton cutting.

5.1.2(d)(iii) Juniors undergoing training in their work must be provided with qualified adult supervision.

5.1.2(e) Juniors employed in screen printing

Subject to 5.1.2(d)(iii), where the dimensions of a piece of printed matter:

5.1.2(e)(i) Exceed 300 millimetres by 600 millimetres (twelve inches by 24 inches), an adult employee or an apprentice to screen printing stencil preparation must be employed on the same printing frame as any non-apprenticed junior on the printing (including racking) of such printed matter.

5.1.2(e)(ii) Do not exceed 300 millimetres (twelve inches) by 600 millimetres (24 inches), a non apprenticed junior may be employed alone in the printing (including racking) of such printed matter.

5.1.2(e)(iii) A non-apprenticed junior must not be employed in or in connection with the work of transfers other than racking.

5.1.2(f) Juniors employed on small-offset lithographic printing machines

Juniors employed on small offset printing machines will be supervised by a qualified adult.

5.1.3 Apprenticeships

[5.1.3 Other than the state of South Australia clause 5.1.3 will take effect from 01Feb00 and operate for a period of twelve months. The clause will apply to apprentices indentured pursuant to the Graphic Arts General Interim Award 1995 from 31Mar00. Clause 5.1.3 will take effect in South Australia from 31Mar00 and operate for a period of six months]

5.1.3(a) The terms of this award will apply to apprentices, including adult apprentices, except where it is otherwise stated or where special provisions are stated to apply. Apprentices may be engaged in trades or occupations provided for in this clause where declared or recognised by an apprenticeship authority.

Subject to appropriate state or territory legislation an employer must not employ an unapprenticed junior in a trade or occupation provided for in this clause.

5.1.3(b) Operation of State or Territory laws

In any state or territory in which any statute or regulation relating to apprentices is in force, that statute and regulation will operate in that state or territory provided that the provisions of the statute or regulation are not inconsistent with this award in which case the provisions of this award will apply.

5.1.3(c) Training Packages and Trades

5.1.3(c)(i) Where it is consistent with state or territory legislation, an apprentice may be engaged under a Training Agreement approved by an Apprenticeship Authority, provided the qualification outcome specified in the Training Agreement is consistent with that established for apprenticeship in the trade training package determined from time to time by the National Printing Industry Training Council and endorsed by the National Training Framework Committee.

5.1.3(c)(ii) Subject to subclause 5.1.3(a) an apprenticeship may be undertaken in any of the following trades:

5.1.3(d) Apprenticeship authority means:

5.1.3(d)(i) In New South Wales the Commissioner of Vocational Training appointed under the Industrial and Commercial Training Act 1989, the Vocational Training Board constituted under the Act or the Industrial Relations Commission established by the Industrial Relations Act 1996.

5.1.3(d)(ii) In Victoria the State Training Board of Victoria.

5.1.3(d)(iii) In Queensland the State Training Council of the State of Queensland Vocational Education, Training and Employment Commission.

5.1.3(d)(iv) In South Australia the Accreditation and Registration Council.

5.1.3(d)(v) In Tasmania the Training Authority of Tasmania.

5.1.3(d)(vi) In Western Australia the State Training Board.

[5.1.3(d)(v) renumbered as 5.1.3(d)(vii) by S5318 from 01Feb00]

5.1.3(d)(vii) In the Australian Capital Territory the Vocational Education and Training Authority.

[5.1.3(d)(vi) renumbered as 5.1.3(d)(viii) by S5318 from 01Feb00]

5.1.3(d)(viii) In the Northern Territory the Northern Territory Employment and Training Authority.

5.1.3(e) In order to undertake trade training in accordance with 5.1.3(c) a person must be a party to a contract of apprenticeship or a training agreement in accordance with the requirements of the Apprenticeship Authority or State or Territory legislation. The employer will provide and/or provide access to, training consistent with the contract or training agreement without loss of pay.

5.1.3(f) An apprenticeship may be cancelled or suspended only in accordance with the requirements of the contract of apprenticeship or training agreement and the requirements of State or Territory legislation and the Apprenticeship Authority.

5.1.3(g) The probationary period of an apprentice will be as set out in the training agreement or contract of apprenticeship consistent with the requirement of the apprenticeship authority and with State or Territory legislation but will not exceed six months.

5.1.3(h) Apprentices attending technical colleges or schools or registered training organisations or TAFE and presenting reports of satisfactory conduct will be reimbursed all fees paid by them.

5.1.3(i) Except as provided in this clause or where otherwise stated all conditions of employment specified in the award will apply to apprentices. Notice of termination and redundancy provisions will not apply to apprentices.

5.1.3(j) Period of Apprenticeship

5.1.3(j)(i) The period of apprenticeship will be four years.

5.1.3(j)(ii) The period may be varied to such other period as is approved by an apprenticeship authority provided that any credits granted will be counted as part of the apprenticeship for the purpose of wage progression under clause 5.1.

5.1.3(j)(iii) Further the period may be varied to such other period as is approved by an apprenticeship authority on the basis of:

5.1.3(j)(iii)(A) an approved competency based training program;

5.1.3(j)(iii)(B) an approved Graphic Arts Pre Vocational Course.

5.1.3(k) No apprentice under the age of 17 years will be required to work overtime before 7.00am or later than 9.00pm on any working day.

5.1.3(l) Release for Training

5.1.3(l)(i) An apprentice who is engaged in day release training may only be employed on day work.

[5.1.3(l)(ii) corrected by S2976 from 01Feb00]

5.1.3(l)(ii) An apprentice who is engaged on block release training may only be employed on day work except where an apprentice is engaged on block release training and who has completed 3 years block release training and 3 years of the apprenticeship when the apprentice may be employed on day work or shift work.

5.1.3(l)(iii) Despite (i) & (ii) an apprentice who is engaged on block release training and who is aged 18 years or more may agree to be employed on morning or afternoon shift except during periods of attendance on block release training. This agreement is not subject to 2.3.

5.1.3(m) Apprentice Rates of Pay

5.1.3(m)(i) An apprentice will not be entitled to a higher rate of pay until the apprentice has worked for a period of twelve months.

5.1.3(m)(ii) Absences due to annual leave and paid sick leave will be counted as part of the twelve month period.

5.1.3(m)(iii) At the request of the apprentice:-

5.1.3(m)(iii)(A) Any time that has been worked by the apprentice in excess of their ordinary hours will be credited to the apprentice in reduction of the time that needs to be worked in the relevant year; or

[5.1.3(m)(iv)(B) renumbered as 5.1.3(m)(iii)(B) by S2976 from 01Feb00]

5.1.3(m)(iii)(B) Any time that has been worked by the apprentice in excess of their ordinary hours will be credited to the apprentice when calculating the amount of additional time that needs to be worked in the relevant year.

5.1.3(m)(iv) The period of the apprenticeship cannot be reduced by the operation of 5.1.3(m)(iii).

5.1.3(n)(i) Wages of Apprentices (other than Adult Apprentices)

[5.1.3(n)(i) corrected by S2976 from 01Feb00]

Where the work is performed by an apprentice (other than an adult apprentice), the minimum rate of wages will be the percentage set out below of the wage of a tradesperson working at the rate prescribed for group level 5 of this award in the area in which the apprentice is employed:

 

%

First year

47½

Second year

60

Third year

72½

Fourth year

87½

5.1.3(n)(ii) Proficiency Payments

If the apprentice attains a standard approved by State or Territory accredited training provider, the apprentice must receive, in addition to the prescribed weekly wage, a weekly amount calculated on the following percentages of the appropriate rate prescribed for skill level 5 at 5.1.1(a).

5.1.3(n)(ii)(A) For the first annual examination passed at that standard 86%.

5.1.3(n)(ii)(B) For the second annual examination passed at that standard, instead of the percentage prescribed in 5.1.3(n)(ii)(A), 1.72%.

5.1.3(n)(ii)(C) For the third annual examination passed at that standard, instead of the percentage prescribed in 5.1.3(n)(ii)(B), 2.58%.

The apprentice will receive such additional amount on and from the beginning of the first pay period commencing in January following the examination. Where an apprentice is unable to sit for an annual examination because of personal illness or injury and then satisfactorily passes a deferred examination, the relevant additional amount will be payable to the apprentice on and from the first pay day after the date on which the results of that deferred examination are published.

5.1.3(n)(iii) Where State or Territory vocational training legislation provides for proficiency payments to be paid to an apprentice then those provisions will apply in substitution for the amounts in 5.1.3(n)(ii).

5.1.3(n)(iv) Proficiency payments are not payable to adult apprentices.

5.1.3(o) Adult Apprentices

5.1.3(o)(i) Where a person was employed by an employer in the printing industry immediately before becoming an adult apprentice with that employer, such person must not suffer a reduction in actual rate of pay by virtue of becoming indentured.

5.1.3(o)(ii) Subject to 5.1.3(o)(i), the minimum wages of on adult apprentice, including the wages of probationers for apprenticeship, will be the percentage set out below of the wage of an employee working at the rate prescribed for group level 5 for the area in which they are employed:

 

%

first year

82

second year

87

third year

92

fourth year

100

Where an adult apprentice has been adjudged by the Apprenticeship Authority in accordance with the requirements of the State or Territory legislation to have gained sufficient theoretical and practical knowledge the apprentice will be deemed, for the purposes of calculating the appropriate wage rate, to have completed the period advanced.

5.1.3(o)(iii)(A) An adult apprentice who is engaged on day release training may only be employed on day work during their periods of attendance at day release.

5.1.3(o)(iii)(B) An adult apprentice who is engaged on block release training may be employed on day work or shift work.

5.1.4 Transition provisions for apprentices

[5.1.4 Other than the state of South Australia clause 5.1.4 will take effect from 01Feb00 and operate for a period of twelve months. The clause will apply to apprentices indentured pursuant to the Graphic Arts General Interim Award 1995 from 31Mar00. Clause 5.1.4 will take effect in South Australia from 31Mar00 and operate for a period of six months]

Any person engaged as an apprentice under the Graphic Arts – General (Interim) Award 1995 at the date this award commenced operation will be regarded as an apprentice for all purposes of this award until the completion or cancellation of the apprenticeship contract.

5.1.5 Trainees

The terms of the National Training Wage Award 1994, as varied, will apply to traineeships under this subclause subject to the following provisions:

[5.1.5(a) substituted by PR919371 ppc 24Jun02]

5.1.5(a) This clause applies to Traineeship Agreements for the following:

Small Offset Printing Traineeship

Certificate 2

Printing Production Support Traineeship

Certificate 2

Print Design Traineeship

Certificate 2

Graphic Arts and Services Traineeship

Certificate 2

Mailhouse Operations Traineeship

Certificate 2

Packaging, Fibreboard and Carton Manufacture Traineeship

Certificate 2

Screen Printing Traineeship

Certificate 2

Desktop Publishing Traineeship

Certificate 2

Packaging, Fibreboard and Carton Manufacture Traineeship

Certificate 3

Mailhouse Operations Traineeship

Certificate 3

Multi Media Traineeship

Certificate 3

5.1.5(b) Traineeship agreement means an agreement made subject to the terms of the National Training Wage Award 1994 between an Employer and the Trainee for a Traineeship and which is registered with the relevant State or Territory Training Authority, or the provisions of the appropriate State or Territory legislation. A Traineeship Agreement will be made in accordance with the relevant approved Traineeship scheme and will not operate unless this condition is met.

5.1.5(c) Traineeship wages

The weekly wages payable to Trainees will be the same as provided in the National Training Wage Award 1994 for work defined at industry/skill level B.

5.1.6 Employees eligible for a supported wage

5.1.6(a) This subclause defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award. In the context of this subclause, the following definitions will apply:

5.1.6(a)(i) Supported wage system means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in Supported Wage System: Guidelines and Assessment Process.

5.1.6(a)(ii) Accredited assessor means a person accredited by the managing unit established by the Commonwealth under the supported wage system to perform assessments of an individual's productive capacity within the supported wage system.

5.1.6(a)(iii) Disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided for under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.

5.1.6(a)(iv) Assessment instrument means the form provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.

5.1.6(b) Eligibility criteria

5.1.6(b)(i) Employees covered by this subclause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria test for a disability support pension.

5.1.6(b)(ii) The subclause does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers' compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.

5.1.6(b)(iii) The subclause also does not apply to employers in respect of their facility, programme, undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are eligible for a disability support pension, except with respect to an organisation which has received recognition under s.10 or s.12A of the Disability Services Act 1986, or if a part only has received recognition, that part.

5.1.6(c) Supported wage rates

5.1.6(c)(i) Employees to whom this subclause applies will be paid the applicable percentage of the minimum rate of pay prescribed by this award for the class of work which the person is performing according to the following schedule:

Assessed capacity
(5.1.6(d))

% of prescribed
award rate

   

10% *

10%

20%

20%

30%

30%

40%

40%

50%

50%

60%

60%

70%

70%

80%

80%

90%

90%

[5.1.6(c)(ii) varied by S8770 PR906932 PR919042 PR936338; (PR959129 cancelled and replaced by PR959585 ppc 07Jun05); varied by PR959585 ppc 07Jun05 (ppc 01Aug05 for Victorian employers bound to apply the terms of this award by PR953999)]

5.1.6(c)(ii) Provided that the minimum amount payable will be not less than $61.00 per week.

5.1.6(c)(iii) * Where a person's assessed capacity is 10%, they must receive a high degree of assistance and support.

5.1.6(d) Assessment of capacity

For the purpose of establishing the percentage of the award rate to be paid to an employee under this award, the productive capacity of the employee will be assessed in accordance with the supported wage system and documented in an assessment instrument by either:

5.1.6(d)(i) the employer and the union in consultation with the employee or, if desired by any of these; or

5.1.6(d)(ii) the employer and an accredited assessor from a panel agreed by the parties to the award and the employee.

5.1.6(e) Lodgement of assessment.

[5.1.6(e) substituted by PR919371 ppc 24Jun02]

All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where the union is not a party to the assessment, it shall be referred by the Registrar to the union by certified mail and shall take effect unless an objection is notified to the Registrar within 10 working days.

5.1.6(f) Review of assessment

The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review will be in accordance with the procedures for assessing capacity under the supported wage system.

5.1.6(g) Other terms and conditions of employment

Where an assessment has been made, the applicable percentage will apply to the wage rate only. Employees covered by the provisions of the clause will be entitled to the same terms and conditions of employment as all other workers covered by this award paid on a pro rata basis.

5.1.6(h) Workplace adjustment

An employer wishing to employ a person under the provisions of this clause will take reasonable steps to make changes in the workplace to enhance the employee's capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.

5.1.6(i) Trial period

5.1.6(i)(i) In order for an adequate assessment of the employee's capacity to be made, an employer may employ a person under the provisions of this clause for a trial period not exceeding twelve weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

5.1.6(i)(ii) During that trial period the assessment of capacity will be undertaken and the proposed wage rate for a continuing employment relationship will be determined.

[5.1.6(i)(iii) varied by S8770 PR906932 PR919042 PR936338; (PR959129 cancelled and replaced by PR959585 ppc 07Jun05); varied by PR959585 ppc 07Jun05 (ppc 01Aug05 for Victorian employers bound to apply the terms of this award by PR953999)]

5.1.6(i)(iii) The minimum amount payable to the employee during the trial period will be no less than $61.00 per week.

5.1.6(i)(iv) Work trials should include induction or training as appropriate to the job being trialed.

5.1.6(i)(v) Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under 5.1.6(d).

5.1.7 Calculation of rates

The rate prescribed for all employees paid in accordance with the provisions of 5.1.1 to 5.1.6 will be calculated in multiples of ten cents, amounts less than five cents being taken to the lower multiple and amounts of five cents or more being taken to the higher multiple.

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