AN160066 – Clerks (Commercial, Social and Professional Services) Award No. 14 of 1972
(1) Scope:
This clause shall apply to a trainee employed under a traineeship scheme as defined in subclause (2) of this clause.
(2) Definitions:
For the purposes of this clause a traineeship scheme shall include:
The “Australian Traineeship System” being a structured system of 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 SESDA.
A “Career Start Traineeship” being a scheme under the career start traineeship system comprising structured training with an employer and training in a TAFE college or other training approved by the WA State Employment and Skills Development Authority (SESDA).
A “Job Skills Trainee” is an employee who is employed under the conditions applying to the Commonwealth Government Job Skills Programme for a period of up to 26 weeks as a full-time employee.
“Trainee” means an employee engaged under the terms of this award and in accordance with the provisions of a Traineeship established pursuant to Section 37D of the Industrial and Commercial Training Act 1975 and approved by SESDA.
(3) Objective:
(a) 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 a traineeship scheme and who, being a trainee under that system, is covered by this award.
(b) An objective of an approved traineeship system is to provide additional opportunities for employment and training so as to enhance skill levels and future employment prospects.
(4) Form of Traineeship Agreement:
(a) A traineeship shall be entered into by means of written agreement registered in accordance with the provision of the Industrial and Commercial Training Act, 1975.
(b) A trainee shall not be engaged on a part time or casual basis.
® Other than a Job Skills Program, a traineeship scheme shall be for a minimum period of 12 months subject to a satisfactory probation period of up to one month.
(5) Duties and Responsibilities:
(a) (i) A trainee shall participate in the approved on-the-job training scheme and attend the approved off-the-job training as prescribed by the training plan.
(ii) An employer shall release a trainee from work to attend the prescribed off-the-job training course and shall provide the on-the-job training in accordance with the approved training plan.
(iii) The employer shall provide the level of supervision in accordance with the approved training scheme during the traineeship period.
(iv) The overall Traineeship Scheme will be monitored by the Department of Vocational Education and Training or in the case of a Job Skills Program by the Commonwealth Employment Service.
(v) An employer shall not, as a consequence of engaging a trainee pursuant to the provisions of this clause, terminate or otherwise prejudice the employment of any existing clerical employee of that employer.
(vi) An accredited representative of the Union shall have access during ordinary working hours to inspect the relevant training records and work books and subject to the approval of the employer, which shall not be unreasonably withheld, may interview a trainee with respect to his/her progress in the Scheme.
(b) Job Skills Trainees will receive over a period of up to 26 weeks a mix of supervised work experience, structured training on-the-job and off-the-job and the opportunity to develop and practise new skills in a work environment.
Overtime and Shift Work shall not be worked by trainees except to enable the requirements of the training scheme 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 trainee shall work overtime or shift work alone.
(6) Overtime and Shift Work:
(7) Wage Rates:
(a) (i) The weekly wages payable to a trainee other than a Job Skills Trainee shall be calculated by:
(aa) determining the hourly rate applicable to the age of the trainee, as prescribed in this award that would otherwise be applicable to the trainee; and
(bb) multiplying that hourly rate by the number of weekly ordinary hours of work in the relevant award, less the average weekly time specified in the registered training agreement to be spent in structured training.
(ii) (aa) The terms of this clause operate in conjunction with a Commonwealth Government Scheme, under which, if the weekly wage calculated using the method outlined above falls below $125 for those under 18 years old and $150 for those 18 years and over, the Commonwealth provides a supplementary allowance to bring the total income of the career start trainee up to those levels.
(bb) In the event that the Commonwealth Government reduces these minimum income maintenance levels, the terms of this clause shall be reviewed.
(b) The weekly wages payable to Job Skills Trainees shall be $300.00 and takes account of the range and extent of training provided.
(c) The weekly wage shall be the rate of pay for all purposes of the award.
