AN120020 – Animal Welfare, Institutional (State) Award
(i) The objective of this clause is to assist with the establishment of a system of traineeships which provides approved training in conjunction with employment in order to enhance the skill levels and future employment prospects of trainees, particularly young people and the long-term unemployed. The system is neither designed nor intended for those who are already trained and job ready. It is not intended that existing employees shall be displaced from employment by trainees. Nothing in this clause shall be taken to replace the prescription of training requirements in the award.
(ii) Subject to subclause (iii) below, this clause shall apply to persons who are undertaking a traineeship (as defined) under this award.
(iii) The terms and conditions of this award shall apply, except where inconsistent with this clause.
(iv) Notwithstanding the foregoing, this clause shall not apply to employees who were employed by an employer under this award prior to the date of approval of a traineeship scheme relevant to the employer, except where agreed upon between the employer and the relevant union(s).
(v) This clause does not apply to the apprenticeship system or any training program which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at the date this award was varied to include this clause, or in an award that binds the employer.
(vi) Definitions
(a) “Approved Training” means training undertaken (both on or off-the job) in a traineeship and shall involve formal instruction, both theoretical and practical, and supervised practice in accordance with a traineeship scheme approved by the relevant NSW Training Authority. The training will be approved and lead to qualifications as set out in paragraph (e) of subclause (vii) - Training Conditions.
(b) “Trainee” means an employee who is bound by a traineeship agreement made in accordance with this award.
(c) “Traineeship” means a system of training which has been approved by the relevant NSW Training Authority, or which meets the requirements of a National Training Package developed by a National Industry Training Advisory Board or major training enterprise and endorsed by the National Training Framework Committee, which leads to an Australian Qualifications Framework qualification specified by that National Training Package, and includes full time traineeships and part-time traineeships including school-based traineeships.
(d) “Traineeship 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 the relevant NSW Training Authority or under the provisions of the appropriate State legislation. A traineeship agreement shall be made in accordance with the relevant approved traineeship scheme and shall not operate unless this condition is met
(e) “Traineeship Scheme” means an approved traineeship applicable to a group or class of employees or to an industry or sector of an industry or enterprise. A traineeship scheme shall not be given approval unless consultation and negotiation with the relevant union(s) upon the terms of the proposed traineeship scheme and the traineeship have occurred. An application for approval of a traineeship scheme shall identify the relevant union(s) and demonstrate to the satisfaction of the relevant NSW Training Authority that the abovementioned consultation and negotiation have occurred. A traineeship scheme shall include a standard format which may be used for a traineeship agreement.
(f) “Parties to a Traineeship Scheme” means the employer organisation and/or employer and the relevant union involved in the consultation and negotiation required for the approval of a traineeship scheme.
(g) “School-Based Trainee” is a student enrolled in the Higher School Certificate, or equivalent qualification, who is undertaking a traineeship which forms a recognised component of their HSC curriculum, and is endorsed by the relevant NSW Training Authority and the NSW Board of Studies as such.
(h) “Appropriate State Legislation” means the Industrial and Commercial Training Act 1989 or any successive legislation.
(i) “Year 10", for the purposes of this award, means that any person leaving school before completing Year 10 shall be deemed to have completed Year 10.
(j) “Relevant NSW Training Authority” means the NSW Department of Education and Training or its successor.
(k) “Australian Qualifications Framework (AQF)” means the national framework of qualifications as agreed by the Ministerial Council for Employment, Education, Training and Youth Affairs.
(vii) Training Conditions
(a) The trainee shall attend an approved training course or training program prescribed in the traineeship agreement or as notified to the trainee by the relevant NSW Training Authority in accredited and relevant traineeship schemes.
(b) A traineeship shall not commence until the relevant traineeship agreement, made in accordance with a traineeship scheme, has been signed by the employer and the trainee and lodged for registration with the relevant NSW Training Authority, provided that, if the traineeship agreement is not in a standard format, a traineeship shall not commence until the traineeship agreement has been registered with the relevant NSW Training Authority. The employer shall ensure that the trainee is permitted to attend the training course or program provided for in the traineeship agreement and shall ensure that the trainee receives the appropriate on-the-job training.
(c) The employer shall provide a level of supervision in accordance with the traineeship agreement during the traineeship period.
(d) The employer agrees that the overall training program will be monitored by officers of the relevant
NSW Training Authority and training records or work books may be utilised as part of this monitoring process.
(e) Training shall be directed at:
(1) the achievement of key competencies required for successful participation in the workplace (where these have not been achieved, e.g., literacy, numeracy, problem solving, team work, using technology) and as are proposed to be included in the Australian Qualifications Framework Level 1 qualification.
This could be achieved through foundation competencies which are part of endorsed competencies for an industry or enterprise; and/or
(2) the achievement of competencies required for successful participation in an industry or enterprise (where there are endorsed national standards, these will define these competencies), as are proposed to be included in the Australian Qualifications Framework Level 2 qualification or above.
(viii) Employment Conditions
(a) A trainee shall be engaged as a full-time employee for a maximum of one year’s duration, provided that a trainee shall be subject to a satisfactory probation period of up to one month, which may be reduced at the discretion of the employer. By agreement in writing, and with the consent of the relevant NSW Training Authority, the relevant employer and the trainee may vary the duration of the traineeship and the extent of approved training, provided that any agreement to vary is in accordance with the relevant traineeship scheme. Provided that a trainee may be employed part-time pursuant to sub-clause (x) of this clause.
Where the trainee completes the qualification, in the Traineeship Agreement, earlier than the time specified in the Traineeship Agreement then the traineeship may be concluded by mutual agreement. Unless the relevant NSW Training Authority otherwise directs, the maximum duration for a traineeship shall be thirty-six months.
(b) An employer shall not terminate the employment of a trainee without firstly having provided written notice of termination to the trainee concerned and to the relevant NSW Training Authority in accordance with the traineeship agreement or the Industrial and Commercial Training Act 1989.
An employer who chooses not to continue the employment of trainee upon the completion of the traineeship shall notify, in writing, the relevant NSW Training Authority of their decision.
(c) The trainee will be permitted to be absent from work without loss of continuity of employment and or wages to attend the training in accordance with the traineeship agreement.
(d) Where the employment of a trainee by an employer is continued after the completion of the traineeship period, such traineeship period shall be counted as service for the purposes of any relevant award or any other legislative entitlements.
(e) (1) The traineeship agreement may restrict the circumstances under which the trainee may work overtime and shift work in order to ensure the training program is successfully completed.
(2) No trainee shall work overtime or shift work on their own unless consistent with the provisions of the relevant award.
(3) No trainee shall work shift work unless the parties to a traineeship scheme agree that such shift work makes satisfactory provision for approved 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-shift work trainees.
(4) The trainee wage shall be the basis for the calculation of overtime and/or shift penalty rates prescribed by the relevant award, unless otherwise agreed to by the parties to a traineeship scheme.
(f) All other terms and conditions of the relevant award(s) or former industrial agreements that are applicable to the trainee, or would be applicable to the trainee but for this award, shall apply unless specifically varied by this award.
(g) A trainee who fails to either complete the traineeship or who cannot, for any reason, be placed in full- time employment with the employer on successful completion of the traineeship, shall not be entitled to any severance payment.
(ix) Wages
(a) (1) The weekly wages payable to trainees are as provided in Table 1 – Industry/Skill Level A, Table 2 - Industry/Skill Level B, Table 3 - Industry/Skill Level C and Table 4 - School Based Traineeships of Part C, Trainee Monetary Rates.
(2) These wage rates will only apply to trainees while they are undertaking an approved traineeship which includes approved training as defined in this clause.
(3) The wage rates prescribed by this clause do not apply to complete trade level training which is covered by the apprenticeship system.
(b) Appendix A sets out the industry/skill level of an approved traineeship. The industry skill levels contained in Appendix A are, prima facie, the appropriate levels but are not determinative of the actual skill levels (i.e., Skill Levels A, B or C) that may be contained in a traineeship scheme. The determination of the appropriate skill level for the purpose of determining the appropriate wage rate shall be made by the relevant NSW Training Authority, based on the following criteria:
(1) any agreement of the parties;
(2) the nature of the industry;
(3) the total training plan;
(4) recognition that training can be undertaken in stages;
(5) the exit skill level in the relevant award contemplated by the traineeship.
In the event that the parties disagree with such determination, it shall be open to any party to the award to seek to have the matters in dispute determined by the Industrial Relations Commission of NSW.
(c) For the purposes of the said Tables l, 2 and 3, "out of school" shall refer only to periods out of school beyond Year 10, and shall be deemed to:
(1) include any period of schooling beyond Year 10 which was not part of, nor contributed to, a completed year of schooling;
(2) include any period during which a trainee repeats in whole or part a year of schooling beyond Year 10; and
(3) not include any period during a calendar year in which a year of schooling is completed;
(4) have effect on an anniversary date, being January 1 in each year;
(5) no increase in wage rate, as a result of an increase in the number of years "out of school" experienced by a trainee, shall be payable before 1 January 1997, except where such an entitlement to payment, as a result of an increase in the number of years "out of school" has become due prior to 3 June 1996.
(d) At the conclusion of the traineeship this clause ceases to apply to the employment of the trainee and the relevant clauses of this award shall apply to the former trainee.
(x) Part-time Traineeships
This clause shall apply to trainees who undertake a traineeship on a part time basis by working less than full time ordinary hours and by undertaking the approved training at the same or lesser training time than a full-time trainee.
(a) 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 trainees 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 fulltime trainees (i.e. 20%). A pro rata adjustment will need to be made in the case where the relevant award specifies different ordinary full time hours: for example where the ordinary weekly hours are 40, 30.4 will be replaced by 32.
(b) "Full time wage rate" means the appropriate rate as set out in
Table 1 - Industry/Skill Level A,
Table 2 - Industry/Skill Level B,
Table 3 - Industry/Skill Level C and Table 4 - School Based Traineeships of Part C, Trainee Monetary Rates.
(c) “Trainees hours" shall be the hours worked per week including the time spent in approved vocational training. For the purposes of this definition the time spent in approved vocational training may be taken as an average for that particular year of the traineeship.
(d) “Average weekly training time” is based upon the length of the traineeship specified in the traineeship agreement or training agreement 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. A pro rata adjustment will need to be made in the case where the relevant award specifies different ordinary time hours. For example, where the ordinary weekly hours are 40,
7.6 will be replaced by 8.
NOTE 2: The parties note that the traineeship agreement 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.
(e) 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.
(f) A part-time trainee may, by agreement, transfer from a part-time to a full-time traineeship position should one become available.
(g) The minimum daily engagement periods applying to part-time employees specified in the award shall also be applicable to part time trainees.
Where there is no provision for a minimum daily engagement period in the award applying to part time employees, then the minimum start per occasion shall be 3 continuous hours, except in cases where it is agreed that there shall be a start of 2 continuous hours, on 2 or more days per week, provided that:
(1) a 2 hour start is sought by the employee to accommodate the employee's personal circumstances. Or
(2) the place of work is within a distance of 5 km from the employee's place of residence.
(h) School-based trainees shall not be required to attend work during the interval starting four weeks prior to the commencement of the final year Higher School Certificate Examination period and ending upon the completion of the individual’s last HSC examination paper.
(i) For the purposes of this award, a school-based trainee shall become an ordinary trainee as at January 1 of the year following the year in which they ceased to be a school student.
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 relevant award are
38. The training agreement 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 two 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: $170 x 15 - 3.8 = $62.63 plus any applicable penalty rates under the relevant 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.
