AN160072 – Clerks' (Credit and Finance Establishments) Award
(1) Scope:
This clause shall apply to a trainee employed under the Australian Traineeship System by an employer approved by the State Management Committee.
(2) Definitions:
For the purposes of this clause -
The "Australian Traineeship System" means 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 the State Management Committee.
"Trainee" means an employee engaged under the terms of this award and in accordance with the provisions of an Australian Traineeship established pursuant to Section 37D of the Industrial and Commercial Training Act 1975 and approved by the State Management Committee.
"Traineeship Scheme" is a formal agreement of training approved by the State Management Committee and registered pursuant to Section 37D of the Industrial and Commercial Training Act, 1975.
"State Management Committee" means a Committee comprising representatives from the Confederation of Western Australian Industry, the Trades and Labor Council of Western Australia, Technical and Further Education (TAFE) and the relevant Federal and State Government Departments which approve traineeship arrangements by agreement of each of the parties. The State Management Committee may be established pursuant to the provisions of the Industrial and Commercial Training Act, 1975 or any amendment to or substitution of that Act, provided that any Committee or body established in lieu of the State Management Committee has the same representatives structure and decision making processes as that Committee.
(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 the Australian Traineeship System (ATS) and who, being a trainee under that system, is covered by this Award.
(b) An objective of the Australian Traineeship System is to provide employment and training opportunities for young people so as to enhance their skill levels and future employment prospects.
(4) Form of Traineeship Agreement:
(a) A traineeship shall be entered into by means of written agreement in a form approved by the State Management Committee and 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.
(c) The Traineeship Scheme shall be for a minimum period of 12 months but this period may be varied with the agreement of the Union and the employer and with the approval of the State Management Committee.
(5) Duties and Responsibilities:
(a) A trainee shall participate in the approved on-the-job training scheme and attend the approved off-the-job training as prescribed in the training system.
(b) 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 approved by the State Management Committee.
(c) The employer shall provide the level of supervision in accordance with the approved training scheme during the traineeship period.
(d) (i) The overall Traineeship Scheme will be monitored by officers of the Department of Employment and Training.
(ii) 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.
(e) 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 full-time employee of that employer.
(f) An employer shall not engage a trainee to occupy and perform the duties of any vacant full-time clerical position that, if it were not for the vacancy, would normally be occupied by an adult employee.
(6) Overtime and Shift Work:
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.
(7) Wage Rates:
The weekly wages payable to a trainee shall be determined by multiplying the appropriate rate of pay prescribed in this award by 39 which represents actual weeks spent on the job and dividing that sum by 52 to provide a weekly wage.
