AN160290 – Sheet Metal Workers' Award No. 10 of 1973
(1) Scope:
(a) This clause shall apply to persons -
(i) who are undertaking a traineeship (as defined); and
(ii) who are employed by an employer bound by this Award.
(b) This clause does not apply to the Apprenticeship system.
(2) Objectives:
(a) This clause facilitates a system of traineeships which provides approved training in conjunction with employment in order to enhance skill levels and future employment prospects of Trainees, particularly young persons and long term unemployed persons; and
(b) this clause provides conditions of employment, including rates of pay, required to be observed regarding persons employed under the Traineeship Scheme; and
(c) existing full time employees shall not be displaced from employment by a Trainee.
(3) Limited Operation (ATS and CST):
The wage rates prescribed herein and relative to the Australian Traineeship System (ATS) or the Career Start Traineeships (CST) shall not apply to any employer bound by this Award, except in relation to ATS and CST Trainees who commenced a traineeship with the employer before 28 July 1995.
(4) Definitions:
“Appropriate State Legislation” means the State Employment and Skills Development Authority Act 1990, or any successor legislation.
“Approved Training” means training undertaken both on and off the job in a Traineeship and shall involve formal instruction, both theoretical and practical, and supervised practice in accordance with a Traineeship Scheme approved and accredited by the Training Authority.
“Traineeship Agreement” means an agreement made subject to the terms of this Award between an employer and the Trainee for a Traineeship and which is registered with the Training Authority. A Traineeship Agreement shall only operate when made in accordance with the relevant approved Traineeship Scheme.
“Traineeship Scheme” means the Metal and Engineering Industry Traineeship, Australian Traineeship System or Career Start Traineeship approved by the State Training Authority, or any other Traineeship Scheme for employees covered by this Award and approved by the Training Authority after consultation and negotiation with the Union.
“Training Authority” means -
(a) the State Employment and Skills Development Authority and any successor; or
(b) the National Employment and Training Taskforce where such gives interim approval to a Training Scheme and thereafter until that scheme is finally approved by the body referred to in (a) hereof.
(5) Training Conditions:
(a) The Trainee shall attend an approved training course or training programme prescribed in the Traineeship Agreement, or as notified to the Trainee by the Training Authority in accredited and relevant Traineeship Schemes.
(b) A Traineeship shall not commence until the Traineeship Agreement, made in accordance with the Traineeship Scheme, has been signed by the employer and the trainee and lodged for registration with the Training Authority, provided that if the Traineeship Agreement is not in a standard format, a Traineeship shall not commence until the Traineeship Agreement has been registered with the Training Authority. The employer shall permit the Trainee to attend the training course or programme provided for in the Traineeship Agreement and shall ensure the Trainee receives the appropriate on-the-job training.
(c) The employer shall provide an appropriate level of supervision during the traineeship period.
(d) The over-all training programme will be monitored by officers of the Training Authority and training records or work books shall be provided if required to be utilised as part of this monitoring process.
(6) Employment Conditions:
(a) A Trainee shall be engaged as a full time employee for a maximum duration of one year, provided that a Trainee shall be subject to a satisfactory probation period of one month which may be reduced at the discretion of the employer. By agreement in writing, and with the consent of the Training Authority, the relevant 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.
(b) (i) An employer shall not terminate the employment of a Trainee without firstly having provided written notice of termination to the Trainee concerned, in accordance with the Traineeship Agreement, and to the Training Authority.
(ii) An employer who decides not to continue the employment of a Trainee upon completion of the traineeship shall notify, in writing, the Training Authority of that decision.
(c) The Trainee is permitted to be absent from work without loss of continuity of employment and/or wages to attend the training in accordance with the Traineeship Agreement and the Trainee will attend such training.
(d) Where the employment of a Trainee by an employer is continued after completion of the traineeship period, such traineeship period shall be counted as service for the purposes of this Award.
(e) All other terms and conditions of this Award that are applicable to the Trainee, or would be applicable to the Trainee but for this clause, shall apply unless specifically varied by this clause.
(f) 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 payment.
(g) (i) Overtime and shift work shall not be worked by a Trainee except in circumstances where the section in which the trainee is receiving on-the-job training is required to work overtime, or the work of that section is normally carried out by shifts and there is satisfactory provision for approved training.
(ii) A Trainee shall not work overtime alone.
(iii) The Trainee wage shall be the basis for the calculation of overtime and/or shift penalty rates prescribed by this Award.
(7) Wages:
(a) (i) The minimum rates of wages payable weekly to Trainees are as provided in paragraphs (b) or (d) of this subclause.
(ii) These wage rates will only apply to Trainees while they are undertaking an approved traineeship which includes approved training as defined in this clause.
(iii) The wages prescribed by this clause do not apply to complete trade level training which is covered by the apprenticeship system.
(b) Traneeships (excluding ATS and CST):
*Figures in brackets indicate the average proportion of time spent on approved training to which the associate 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%.
(i) Industry/Skill Level A:
Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at industry/skill Level A -
HIGHEST YEAR OF SCHOOLING | |||
School Leaver |
Year 10 |
Year 11 |
Year 12 |
$ |
$ |
$ | |
142.00 (50%)* |
175.00 (33%) |
244.00 | |
166.00 (33%) |
198.00 (25%) |
||
plus 1 year out of school |
198.00 |
244.00 |
282.00 |
plus 2 years |
244.00 |
282.00 |
328.00 |
plus 3 years |
282.00 |
328.00 |
376.00 |
plus 4 years |
328.00 |
376.00 |
|
plus 5 years/more |
376.00 |
||
(ii) Industry/Skill Level B:
Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at industry/skill Level B -
HIGHEST YEAR OF SCHOOLING | |||
School Leaver |
Year 10 |
Year 11 |
Year 12 |
$ |
$ |
$ | |
142.00(50%)* |
175.00 (33%) |
234.00 | |
166.00 (33%) |
198.00 (25%) |
||
plus 1 year out of school |
198.00 |
234.00 |
267.00 |
plus 2 years |
234.00 |
267.00 |
313.00 |
plus 3 years |
267.00 |
313.00 |
358.00 |
plus 4 years |
313.00 |
358.00 |
|
plus 5 years/more |
358.00 |
||
(iii) Industry/Skill Level C:
Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at industry/skill Level C -
HIGHEST YEAR OF SCHOOLING | |||
School Leaver |
Year 10 |
Year 11 |
Year 12 |
$ |
$ |
$ | |
142.00 (50%)* |
175.00 (33%) |
221.00 | |
166.00 (33%) |
198.00 (25%) |
||
plus 1 year out of school |
198.00 |
221.00 |
248.00 |
plus 2 years |
221.00 |
248.00 |
279.00 |
plus 3 years |
248.00 |
279.00 |
313.00 |
plus 4 years |
279.00 |
313.00 |
|
plus 5 years/more |
313.00 |
||
(c) For the purposes of this subclause, “out of school” shall refer only to periods out of school beyond Year 10 and shall be deemed to -
(i) include any period of schooling beyond Year 10 which was not part of, nor contributed to, a completed year of schooling;
(ii) include any period during which a Trainee repeats, in whole or part, a year of schooling beyond Year 10; and
(iii) not include any period during a calendar year in which a year of schooling is completed.
(d) Traineeships (AST and CST only):
Wages for the Australian Traineeship System and Career Start Trainees shall be calculated as follows:-
(i) Australian Traineeship System:
(aa) The weekly wage payable to a trainee shall be not less than that determined by applying the appropriate junior wage per week, calculated in accordance with subclause (2) in Clause 6. - Wages of this Award and multiplying by 39, which represents actual weeks spent on the job, then dividing that sum by 52 to provide a weekly wage.
(bb) In any case, the rate determined shall not be less than the minimum rate prescribed in the Australian Traineeship guide-lines as amended from time to time.
(ii) Career Start Traineeship:
(aa) Determining the hourly rate applicable to a Level C13 adult employee, if 21 years of age or older, or the appropriate junior wage per week as prescribed by subclause (2) of Clause 6. - Wages of this Award.
(bb) Multiplying that hourly rate by the number of weekly ordinary hours, less the average training as specified in the Registered Agreement.
(e) Completed Traineeship - Continued Junior Employment:
Notwithstanding anything contained elsewhere in this Award, where a Trainee successfully completes a Traineeship and is a junior person who is then employed by the same employer performing work appropriate to the training received pursuant to -
(i) The Traineeship Scheme (excluding the Australian Traineeship System and a Career Start Traineeship), the qualification outcome determined by the training programme shall be equated to an appropriate level within the classification structure described in Clause 3. - Definitions of this Award and the wage rate relevant thereto as prescribed in Clause 6. - Wages of this Award shall be the level of wage to which the prescribed age-related percentage appropriate to the junior employee concerned will be applied to calculate the weekly rate of wage for such junior employee; or
(ii) the Australian Traineeship System, or the Career Start Traineeship, the rate of wage for Level C12 prescribed by Clause 6. - Wages of this Award shall be the level of wage to which the prescribed age-related percentage, appropriate to the junior employee concerned, will be applied to calculate the weekly rate of wage for such junior employee.
(8) Industry/Skill Levels:
The industry skill levels referred to in subclause (7) of this clause are those described in this subclause.
(a) Industry/Skill Level A:
Office Clerical
Commonwealth Public Sector Clerical
State Public Sector Clerical
Local Government Clerical
Finance, Property and Business Services.
(b) Industry/Skill Level B:
Wholesale and Retail
Recreation and Personal Services
Transport and Storage
Manufacturing.
(c) Industry/Skill Level C:
Community Services and Health
Pastoral
Environmental
Wholesale and Retail - Vehicle Repair Services and Retail Sector.
