AN120089 – Building and Construction Industry (State) Award

AN120089 – Building and Construction Industry (State) Award

PART 9 TRAINING AND RELATED MATTERS

39. SPECIAL PROVISIONS RELATING TO APPRENTICES

Occupational Health and Safety Regulation 2001 under the Occupational Health and Safety Act 2000 imposes manual handling obligations on employers. The National Standard for Manual Handling, published in February 1990, is the subject of a declaration by the National Occupational Health and Safety Commission under section 38(1) of the National Occupational Health and Safety Commission Act 1985 of the Commonwealth. The National Standard for Manual Handling (NOHSC:101(1990)) and the National Code of Practice: Manual Handling (NOHSC:2005)(1990)) prescribes methods of safe manual handling.

39.1 Limitation of Overtime

(i) No apprentice under the age of 18 years shall be required to work overtime unless he/she
so desires.

(ii) No apprentice shall, except in an emergency, work or be required to work overtime at times which would prevent his/her attendance at technical school as required by any statute, award or regulation applicable to him/her.

(iii) An apprentice shall not work overtime except under the direction of a tradesperson.

39.2 Prohibition of Labouring Work, Etc.

(i) An apprentice shall be deemed to be working at the trade when he/she is working in association with a tradesperson upon the material and with the tools of trade usually used by a tradesperson.

(ii) An apprentice shall not perform any other work than with the materials and tools of trade usually used by a tradesperson.

(iii) An apprentice with less than two years' experience shall not use a swing scaffold or bosun's chair.

39.3 Proportion

(i) Proportion of apprentices to tradesperson shall not exceed one apprentice to two tradesperson or fraction thereof. Such proportion is to be calculated on the average number of tradesperson employed for the preceding six calendar months.

(ii) If through lack of work the services of a tradesperson must be dispensed with the foregoing proportion shall, as far as possible, be maintained by lessening the number of trainee apprentices employed.

(iii) Should the services of a trainee apprentice be dispensed with by an employer through lack of work, such trainee shall have preference of employment with such employer when work is available should the trainee be still unemployed.

(iv) This clause shall not affect the proportion of apprentices to tradesperson for whom approval has been granted prior to the operation of this award.

39.4 Transport of Apprentice's Tools Where the apprentice is required to transfer from one job to another an employer shall provide transport for the apprentice's tools to the nearest public conveyance. On termination of employment, the employer shall provide transport for the apprentice's tools to the nearest public conveyance except where the apprentice gives notice in accordance with clause 17, Termination of Employment.

39.5 TAFE and Other Approved Training Provider Fees The fees for attending such school or correspondence class shall be paid by the employer by whom the apprentice is employed. Such fees shall be paid at the beginning of each school year.

The obligation of the employer in regard to fees payable in respect of apprentices undergoing study in the certificate, diploma or degree courses shall be limited to those prescribed for the appropriate trade course.