AN150038 – Clerks (Retail Industry) Award

SCHEDULE 5 - TRAINING WAGE ARRANGEMENTS

CLAUSE S5.1 TITLE

This Schedule shall be known as the Clerks (Retail Industry) Award Training Wage Arrangements Schedule.

CLAUSE S5.2 ARRANGEMENT

Clause No.	Title
S5.1	Title
S5.2	Arrangement
S5.3	Application
S5.4	Period of operation
S5.5	Definitions
S5.6	Training conditions
S5.7	Employment conditions
S5.8	Wages
S5.9	Disputes settling procedures
S5.10	Dispute settlement over traineeship schemes
S5.11	Part-time traineeships
Section A	Allocation of Traineeships to Wage Levels
Section B	Traineeship Schemes excluded from this Award

CLAUSE S5.3 APPLICATION

S5.3.1 This provision shall apply to persons:

(a) who are undertaking a Traineeship (as defined); and

(b) whose employment is, or otherwise would be, covered by the Award.

S5.3.2 This Schedule does not apply to the apprenticeship system or any training programme, which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at 25 June 1997.

This Schedule only applies to AQF IV Traineeships when the AQF III Traineeship in the Training Package is listed in Section A. Further, this Schedule also does not apply to any certificate IV training qualification that is an extension of the competencies acquired under a certificate III qualification, which is excluded from this Schedule due to the operation of this subclause.

S5.3.3 At the conclusion of the Traineeship, this Schedule ceases to apply to the employment of the Trainee and the Award shall apply to the former Trainee.

S5.3.4 Nothing in this Schedule shall be taken to replace the prescription of training requirements in the Award.

CLAUSE S5.4 OPERATION

This Schedule shall operate on and from 12 March 2004 and shall remain in force for a period of three months.

CLAUSE S5.5 DEFINITIONS

S5.5.1 Act means the Training and Skills Development Act or any successor legislation.

S5.5.2 Adult Trainee means for the purpose of this Schedule a Trainee who would qualify for the highest wage rate in Wage Level A, B or C if covered by that wage level.

S5.5.3 Approved Training means that training which is specified in the Training Plan, which is part of the Training Agreement, which is registered with the T&SC. 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 National Training Package or a Traineeship Scheme and leads to a qualification under the Australian Qualification Framework.

S5.5.4 T&SC means the Training and Skills Development Commission under the Act.

S5.5.5 Award means the Clerks (Retail Industry) Award.

S5.5.6 Commission means the Industrial Relations Commission of South Australia.

S5.5.7 Trainee is an individual who is a signatory to a Training Agreement registered with the T&SC and is involved in paid work and structured training, which may be on or off the job. Trainee does not include an individual who already has the competencies to which the Traineeship is directed.

S5.5.8 Traineeship means a system of training which has been approved by the T&SC, which meets the requirements of a National Training Package developed by a National Industry Training Advisory Board 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.

S5.5.9 Training Agreement means an agreement for a Traineeship made between the employer and a Trainee, which is registered with the T&SC.

S5.5.10 Training Package means the competency standards, assessment guidelines and Australian Qualifications Framework qualification endorsed for an industry or enterprise by the National Training Framework Committee and placed on the National Training Information Service with the approval of Commonwealth and State Ministers responsible for vocational education and training.

S5.5.11 Training Plan means a programme of training which forms part of a Training Agreement registered with the T&SC.

S5.5.12 Traineeship Scheme means an approved Traineeship applicable to a group or class of employees or to an industry or sector of an industry or an enterprise, which has been approved by the T&SC.

S5.5.13 Year 10 - for the purposes of this Schedule, any person leaving school before completing Year 10 shall be deemed to have completed Year 10.

CLAUSE S5.6 TRAINING CONDITIONS

S5.6.1 The Trainee shall attend an Approved Training course or Training Program prescribed in the Training Agreement or as notified to the trainee by the T&SC in accredited and relevant Training Schemes.

S5.6.2 Employment as a Trainee under this Schedule shall not commence until the relevant Training Agreement, made in accordance with a Training Scheme, has been signed by the employer and the Trainee and lodged for registration with the T&SC, provided that if the Training Agreement is not in a standard format, employment as a Trainee shall not commence until the Training Agreement has been registered with the T&SC. The employer shall ensure that the Trainee is permitted to attend the training course or program provided for in the Training Agreement and shall ensure that the Trainee receives the appropriate on-the-job training.

S5.6.3 The employer shall provide a level of supervision in accordance with the Traineeship Agreement during the Traineeship period.

S5.6.4 The provisions of the Act dealing with the monitoring by officers of the T&SC and the use of training records or work books as part of this monitoring process shall apply to Traineeships under this Schedule.

CLAUSE S5.7 EMPLOYMENT CONDITIONS

S5.7.1 A full-time Trainee shall be engaged for a maximum of one year's duration, except in respect of AQF III and AQF IV Traineeships which may extend up to two years full- time, 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 T&SC, the 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. A part-time Trainee shall be engaged in accordance with the provisions of Clause S5.11, Part-time traineeships, of this Schedule.

S5.7.2 Where the Trainee completes the qualification in the Training Agreement earlier than the time specified in the Training Agreement, then the Traineeship may be concluded by mutual agreement.

S5.7.3 Termination of employment of Trainees is dealt with in the Training Agreement, or the Act. An employer initiating such action shall give written notice to the Trainee at the time the action is commenced and to the T&SC in accordance with the Act.

S5.7.4 The Trainee shall be permitted to be absent from work without loss of continuity of employment and/or wages to attend the Approved Training.

S5.7.5 Where the employment of a Trainee by the employer is continued after the completion of the Traineeship period, such Traineeship period shall be counted as service for the purposes of the Award or any other legislative entitlements.

S5.7.6 Trainees working overtime

S5.7.6.1 Reasonable overtime may be worked by the Trainee provided that it does not affect the successful completion of the Approved Training.

S5.7.6.2 No Trainee shall work overtime or shiftwork on their own unless consistent with the provisions of the Award.

S5.7.6.3 No Trainee shall work shiftwork unless the shiftwork 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-shiftwork Trainees.

S5.7.6.4 The Trainee wage shall be the basis for the calculation of overtime and/or shift penalty rates prescribed by the Award, unless the Award makes specific provision for a Trainee to be paid at a higher rate, or the employer and Trainee agree in writing that a Trainee will be paid at a higher rate, in which case the higher rate shall apply.

S5.7.7 All other terms and conditions of the Award that are applicable to the Trainee or would be applicable to the Trainee but for this Schedule shall apply unless specifically varied by this Schedule.

S5.7.8 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 payments payable pursuant to termination, change and redundancy provisions of the Award.

Note: It is not intended that existing employees shall be displaced from employment by Trainees.

CLAUSE S5.8 WAGES

S5.8.1 The weekly wage payable to full-time Trainees shall be provided in S5.8.4, S5.8.5 and S5.8.6 of this Schedule and in accordance with clause S5.7, Employment Conditions.

S5.8.2 These wage rates will only apply to Trainees while they are undertaking an Approved Traineeship, which includes Approved Training as defined in this Schedule.

S5.8.3 The wage rates prescribed by this clause do not apply to complete trade level training, which is covered by the Apprenticeship system.

S5.8.4 Wage Level A

Where the Accredited Training course and work performed are for the purpose of generating skills, which have been defined for work at Wage Level A.

	Highest year of schooling completed
	Year 10	Year 11	Year 12
	$	$	$
School Leaver	162.00 (50%)*	201.00 (33%)
	189.00(33%)	227.00 (25%)	274.00
Plus 1 year out of school	227.00	274.00	319.00
Plus 2 years	274.00	319.00	371.00
Plus 3 years	319.00	371.00	424.00
Plus 4 years	371.00	424.00
Plus 5 years or more	424.00

S5.8.5 Wage Level B

Where the Accredited Training course and work performed are for the purpose of generating skills, which have been defined for work at Wage Level B.

	Highest year of schooling completed
	Year 10	Year 11	Year 12
	$	$	$
School Leaver	162.00 (50%)*	201.00 (33%)
	189.00 (33%)	227.00 (25%)	264.00
Plus 1 year out of school	227.00	264.00	304.00
Plus 2 years	264.00	304.00	357.00
Plus 3 years	304.00	357.00	406.00
Plus 4 years	357.00	406.00
Plus 5 years or more	406.00

S5.8.6 Wage Level C

Where the Accredited Training course and work performed are for the purpose of generating skills, which have been defined for work at Wage Level C.

	Highest year of schooling completed
	Year 10	Year 11	Year 12
	$	$	$
School Leaver	162.00 (50%)*	201.00 (33%)
	189.00 (33%)	227.00 (25%)	257.00
Plus 1 year out of school	227.00	257.00	289.00
Plus 2 years	257.00	289.00	323.00
Plus 3 years	289.00	323.00	361.00
Plus 4 years	323.00	361.00
Plus 5 years or more	361.00

S5.8.7 School Based Traineeships

	Year of Schooling
	Year 11	Year 12
	$	$
School based Traineeships in Wage Levels A, B and C	207.00	227.00

*Figures in brackets indicate the average proportion of time spent in Approved Training to which the associated wage rate is applicable. Where not specifically indicated, the average proportion of time spent in structured training, which has been taken into account in setting the rate, is 20 per cent.

S5.8.9 Wage rates for Certificate IV Traineeships

S5.8.9.1 Trainees undertaking an AQF IV Traineeship shall receive the relevant weekly wage rate for AQF III Trainees at Wage Levels A, B or C as applicable with the addition of 3.8 per cent of that wage rate.

S5.8.9.2 An Adult Trainee who is undertaking a Traineeship for an AQF IV qualification shall receive the following weekly wage as applicable based on the allocation of AQF III qualifications:

Wage Level	First year of Traineeship	Second Year of Traineeship
Wage Level A	$440	$457
Wage Level B	$421	$437
Wage Level C	$375	$389

S5.8.9 Where a person was employed by the employer under the Award immediately prior to becoming an Adult Trainee with the employer, such person shall not suffer a reduction in the rate of pay by virtue of becoming a Trainee.

S5.8.10 Where a Traineeship is converted from an AQF II to an AQF III Traineeship, or from an AQF III to an AQF IV Traineeship, the Trainee shall move to the next higher rate provided in this Schedule, if a higher rate is provided for that new AQF level.

S5.8.11 Section A sets out the Wage Level of a Traineeship.

S5.8.12 For the purposes of this provision, out of school shall refer only to periods out of school beyond Year 10, and shall be deemed to:

(a) include any period of schooling beyond Year 10, which was not part of nor contributed to a completed year of schooling;

(b) include any period during which a Trainee repeats in whole or part of a year of schooling beyond Year 10;

(c) not include any period during a calendar year in which a year of schooling is completed; and

(d) have effect on an anniversary date being January 1 in each year.

S5.8.13 Despite any other clause in this Schedule, Trainees may not be employed under this Schedule under the Traineeship Schemes and in the areas of employment listed in Section B.

S5.8.14 Arbitrated safety net adjustment

S5.8.14.1 The rates of pay in this Schedule have been adjusted for the arbitrated safety net adjustment payable under the State Wage Case July 2003 [[2003] SAIR Comm 40]. 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 Schedule which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and over-award arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases made under previous State Wage Case principles or under the current Declaration, excepting those resulting from enterprise agreements, or award variations to give effect to enterprise agreements are not to be used to offset arbitrated safety net adjustments.

S5.8.14.2 The rates of pay in this award also contain safety net wage adjustments as determined by previous State Wage Case decisions. The absorption arrangements applying in relation to those adjustments continue to apply.

CLAUSE S5.9 DISPUTE SETTLING PROCEDURES

For matters not dealt with in accordance with the Act, the procedures to avoid industrial disputation contained in the Award will apply to Trainees.

CLAUSE S5.10 DISPUTE SETTLEMENT OVER TRAINEESHIP SCHEMES

S5.10.1 A party may initiate this procedure when that party wishes to argue that this Schedule should not provide for employment under a particular Traineeship Scheme despite the allocation of the scheme to a Wage Level by Section A.

S5.10.2 The party shall:

S5.10.2.1 Notify the relevant parties of an intention to dispute the particular Traineeship Scheme, identifying the scheme.

S5.10.2.2 Request the parties with an interest in the scheme to meet with them at a mutually agreed location.

S5.10.2.3 If agreement cannot be reached the matter may be referred to the Commission for conciliation.

S5.10.2.4 If agreement is not reached during conciliation then an application may be made
to include the Traineeship scheme in Section B.

CLAUSE S5.11 PART-TIME TRAINEESHIPS

S5.11.1 This clause shall apply to Trainees who undertake a Traineeship on a part-time basis by working less than full-time hours and by undertaking the Approved Training at the same or lesser training time than a full-time Trainee.

S5.11.1.1 A part-time Trainee (other than a school-based Trainee) will be engaged to work for no less than a minimum average of 15 hours per week.

S5.11.1.2 A part-time school-based Trainee may be engaged to work less hours than the minimum hours prescribed by this Schedule and the Award provided that the Trainee remains enrolled in compulsory education.

S5.11.2 Wages

S5.11.2.1 The tables set out below 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.

Table 1: Trainees who have left school ($ per hour)

Wage Level A

	Highest year of schooling completed
	Year 10	Year 11	Year 12
School Leaver	6.81	7.47	9.01
1 year after leaving school	7.47	9.01	10.49
2 years +	9.01	10.49	12.20
3 years +	10.49	12.20	13.95
4 years +	12.20	13.95
5 years +	13.95

Wage Level B

	Highest year of schooling completed
	Year 10	Year 11	Year 12
School Leaver	6.81	7.47 8.68
1 year after leaving school	7.47	8.68	10.00
2 years +	8.68	10.00	11.74
3 years +	10.00	11.74	13.36
4 years +	11.74	13.36
5 years +	13.36

Wage Level C

	Highest year of schooling completed
	Year 10	Year 11	Year 12
School Leaver	6.81	7.47	8.45
1 year after leaving school	7.47	8.45	9.51
2 years +	8.45	9.51	10.63
3 years +	9.51	10.63	11.88
4 years +	10.63	11.88
5 years +	11.88

Table 2: School based Traineeships ($ per hour)

	Year 11	Year 12
Wage Levels A, B and C	6.81	7.47
20% loading [S5.11.6.2]	8.17	8.96

Table 3: Wage rates for part-time Certificate IV Traineeships ($ per hour):

Trainees undertaking a part-time AQF IV traineeship shall receive the relevant hourly rate for AQF III trainees at Wage Levels A, B or C as applicable under Table 1 or 2 with the addition of 3.8 per cent of that wage rate.

An adult trainee (as defined) who is undertaking a part-time traineeship for an AQF IV qualification shall receive the following hourly rate as applicable based on the allocation of AQF III qualifications:

Wage Level	First year of Traineeship	Second year of Traineeship
Wage level A	$14.47	$15.03
Wage level B	$13.85	$14.38
Wage level C	$12.34	$12.80

S5.11.3 The hours for which payment shall be made are determined as follows:

S5.11.3.1 Where the Approved Training for a Traineeship (including a school based Traineeship) is provided off-the-job by a registered training organisation, for example at school or at TAFE, these rates shall apply only to the total hours worked by the part-time Trainee on-the-job.

S5.11.3.2 Where the Approved Training is undertaken solely on-the-job and the average proportion of time to be spent in Approved Training is 20% (i.e. the same as for the equivalent full-time Traineeship), then the total hours on-the-job shall be multiplied by the applicable hourly rate, and then 20 per cent shall be deducted.

S5.11.3.3 Where the Approved Training the training is partly on-the-job and partly off- the-job and the average proportion of time to be spent in Approved Training is 20% (ie the same as for the equivalent full-time Traineeship), then the total of all hours spent in work and training shall be multiplied by the applicable hourly rate, and then 20 per cent shall be deducted.

Note:As noted in clause S5.8, 20 per cent is the average proportion of time spent in Approved Training, which has been taken into account in setting the wage rates for most full-time Traineeships.

S5.11.3.4 Where a person was employed part-time by an employer under this Award immediately prior to becoming a part-time adult trainee with that employer, such person shall not suffer a reduction in the hourly rate of pay by virtue of becoming a trainee.

S5.11.3.5 Where the normal full-time weekly hours are not 38 the appropriate hourly rate may be obtained by multiplying the rate in the table by 38 and then dividing by the normal full-time hours.

S5.11.4 General Formula

S5.11.4.1 For Traineeships not covered by S5.11.2.1, the following formula for calculation of wage rates shall apply:

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 (ie 20%). A pro-rata adjustment will need to be made in the case where the Award specifies different ordinary full- time hours: for example where the ordinary weekly hours are 40, 30.4 will be replaced by 32.

(a) Full-time wage rate means the appropriate rate as set out in S5.8.4, S5.8.5, S5.8.6 and S5.8.7 of this Schedule.

(b) Trainee hours shall be the hours worked per week including the time spent in Approved Training.

(c) 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 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 Training 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 result in the equivalent of a full day's on the job work per week.

S5.11.5 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 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:

$207 x	15 - 3.8	= $76.26 (plus any applicable penalty rates under the 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.

S5.11.6 Employment conditions for all part-time trainees

S5.11.6.1 A part-time Trainee shall receive, on a pro-rata basis, all employment conditions applicable to a full-time Trainee. All the provisions of the Award shall apply to part-time Trainees except as specified in this Schedule.

S5.11.6.2 However, a Trainee undertaking a school based Traineeship may, with the agreement of the Trainee, be paid an additional loading 20 per cent on all ordinary hours in lieu of annual leave, sick leave, personal leave and public holidays. Notwithstanding this, where a Trainee is called upon to work on a public holiday the provisions of the Award shall apply.

S5.11.6.3 A part-time Trainee may, by agreement, transfer from a part-time to a full-time Traineeship position should one become available.

S5.11.6.4 The minimum engagement periods specified in the Award shall also be applicable to part-time Trainees.

Allocation of Traineeships to Wage Levels

Part A, New Training Package Titles

Wage Levels that apply to Certificates under Training Packages

Wage Level A

Training Package	Certificate Level
Administration	I
	II
	III
Assessment and Workplace Training	III
Business Services	I
	II
	III
Community Services	II
	III
Financial Services	III
Floristry	III
Food Processing Industry	III
Forest & Forest Products	III
Gas Industries (Utilities)
Hospitality Industry	III
Information Technology	II
	III
Manufactured Mineral Products	III
Plastics, Rubber and Cable-making	III
Public Services	II
	III
Retail	III
Telecommunications	II
	III
Textile, Clothing and Footwear	III
Tourism	I
	II
	III
Transport and Distribution	III
Water Industries (Utilities)
Wholesale Training	III

Wage Level B

Training Package	Certificate Level
Automotive Industry Manufacturing Film, TV, Radio and Multimedia	II
	III
Automotive Industry Retail Service and Repair	II
Beauty (National)	II
Caravan Industry	I
	II
	III
Entertainment Industry	I
	II
	III
Floristry	II
Food Processing Industry	I
	II
Forest and Forest Products Industry	I
	II
Food Processing Industry	I
	II
Gas Industry (Utilities)	II
Hospitality Industry	I
	II
Manufactured Mineral Products	I
Australian Meat Industry	I
National Community Recreation Industry	II
	III
National Fitness Industry	II
	III
National Outdoor Recreation Industry	II
	III
National Sport Industry	I
	II
	III
Plastics, Rubber and Cablemaking	I
	II
Printing and Graphic Arts	II
Pulp & Paper Manufacturing Industries	I
	II
Retail	II
Textile, Clothing and Footwear	I
	II
Transport and Distribution	I
	II

Wage Level C

Training Package	Certificate Level
Agriculture	I
	II
	III
Horticulture	I
	II
	III
Music	I
	II
	III
Racing Industry	II
	III
Seafood Industry	I
	II
	III

Part B, Old Traineeships Titles and Wage Levels

Wage Level A

Arts Administration
Bakers Delight - Store Management
Basic Horticulture
Certificate III in Beauty
Certificate III in Care Support Services (Personal Assistant) Certificate III in Floristry
Certificate III in Nail Technology/Small Business
Certificate III in Office Administration
Certificate III in Retail Operations
Clerical Processing (Health Practice) Communications - Cabling/Equipment Installation
Communications - Customer Support Streams: Telemarketing; Communications Operator
Dental Assistant
Marketing & Management (Cultural Industries) Media Journalism
Office Support Stream
Optical Dispensing
Organising Works
Real Estate - AVC Pilot Real Estate Office Therapy Assistant
Tourism Traineeship - Streams

Wage Level B

Aluminium Fabrication Air Freight Forwarding Baking
Certificate II in Floristry
Certificate II in Make-up Artistry
Certificate II in Nail Technology
Certificate II in Retail Cosmetic Assistant
Chemical
Communications Systems Installation
Community Pharmacy (Operations) - Cert I in Retail
Community Pharmacy (Operations) - Cert II in Retail
Community Pharmacy (Operations - Marketing) - Cert III in Retail
Community Pharmacy (Operations - Supervision) - Cert III in Retail
Electronics Auto Accessories Electronics Equipment Electronics Sales
Fast Food CST
Fitness Instruction
Food Preparation & Services CST
Furnishing Industry Sales (Product Knowledge) Heating & Cooling
Lead Lighting
Merchandising
Meat Preparation, Packaging & Sales
Millinery
National Meat Processing - Meat Retailing
National Multimedia Industry
Panel Products
Plastics
Retail Operations Certificate 2
Retail Waste Management
Sales/Marketing
Security System Installation Television Operations Techniques Textiles
Timber Merchandising
Wholesale Customer Services Sales Representative Traineeship

Wage Level C

Aquaculture (Fin Fish & Shell Fish) Community Radio
Community Radio Broadcasting Certificate 2
Electro Communications
Electro Trades
Floristry
Music Business

SECTION B

Traineeship schemes excluded from this award

Nil

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