AN150011 – AWU/CFMEU Construction and Maintenance Award (South Australia) 1989

AN150011 – AWU/CFMEU Construction and Maintenance Award (South Australia) 1989

CLAUSE 36. TRAINEESHIPS (ATS)
OPDATE 15:03:91 1st pp on or after

Definitions

(a)(i) A traineeship is a system under the Australian Traineeship System comprising structured on-the- job training with an employer and off-the-job training in a technical and further education college or other training provider approved by the appropriate State or Territory training authority.

(ii) A training agreement means an agreement for training registered with the appropriate State or Territory training authority or under the provisions of the appropriate State or Territory training legislation.

(iii) A trainee (ATS) is an employee who is bound by a training agreement registered with the appropriate State Training Authority.

Objective

(b)(i) The object of this clause is to provide the form and substance of the conditions of employment, including the rates of pay, applicable to persons engaged under the Australian Traineeship System. The purpose is to enhance the skill levels and future employment prospects for young people.

(ii) An objective of the Australian Traineeship System is to provide additional employment and training opportunities for young people. Accordingly, these opportunities shall be provided to the fullest extent possible.

(iii) Existing full time employees shall not be displaced from employment by trainees.

Training conditions

(c)(i) A trainee (ATS) shall attend an approved on and off-the-job training course or program prescribed in the relevant training agreement or as notified to the trainee by the appropriate State or Territory training authority.

(ii) Trainees (ATS) may be engaged by employers registered with the appropriate State Training Authority. The employer shall ensure that the trainee (ATS) is permitted to attend the prescribed off-the-job training course and is provided with on-the-job training approved by the appropriate State Training Authority.

(iii) The employer shall provide a level of supervision in accordance with the approved training plan during the traineeship period.

(iv) The employer shall agree that the overall training program will be monitored by officers of the appropriate State Training Authority and that training records or work books may be utilised as part of this monitoring process.

Employment conditions

(d)(i) The trainee (ATS) shall be engaged for a period of twelve months as a full time employee provided that the trainee (ATS) shall be subject to a satisfactory probation period of up to one month.

(ii) The trainee (ATS) shall be permitted to be absent from work without loss of continuity of employment to attend the off-the-job training in accordance with the training agreement.

(iii) Where the employment of a trainee (ATS) by an employer is continued after the completion of the traineeship period, such traineeship period shall be counted as service for the purposes of the award and long service leave entitlements.

(iv) Overtime and shift work shall not be worked by trainees (ATS) except to enable the requirements of the training plan to be effected. When overtime and shift work are worked the relevant penalties and allowances of the award based on the trainee wage will apply. No trainees (ATS) shall work overtime or shift work on their own.

(v) Trainees (ATS) shall be exempt from action with respect to industrial disputes.

(vi) The union shall be afforded reasonable access to trainees (ATS) for the purposes of explaining the role and functions of the union.

(vii) Trainees shall be entitled to all of the appropriate wages, allowances and conditions prescribed by this award.

The weekly wages payable to trainees (ATS) shall be determined by multiplying the appropriate wage rate as specified in the weekly base rate in subclause 14(a) of this award plus the industry allowance prescribed in subclause 15(e) of this award by 39 (which represents the actual annual time spent on the job) and dividing that sum by 52.

The wage rate determined by this calculation shall in no case be less than the minimum rate prescribed by the Australian Traineeship System Guidelines as adjusted in accordance with National Wage Case decisions.