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AP765516 - Airline Operations (Qantas Airways Limited) Award 1999

15. TYPES OF EMPLOYMENT

15.1 General

15.1.1 Employees under this award will be employed in one of the following categories:

15.1.2 At the time of engagement the Company must inform each employee of the terms of their engagement and in particular whether they are to be full-time or part-time.

15.2 Part-time employment

15.2.1 The Company may employ part-time employees in any classification in this award.

15.2.2 A part-time employee is an employee who:

15.2.3 At the time of engagement the Company and the part-time employee must agree in writing, on a regular pattern of work, specifying at least the hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day.

15.2.4 Any agreed variation to the regular pattern of work must be recorded in writing.

15.2.5 The Company must roster a part-time employee for a minimum of four consecutive hours on any shift.

15.2.6 All time worked in excess of the hours agreed in hours per day in 15.2.3 will be overtime and paid for at the rates prescribed in clause 26 - Overtime.

15.2.7 A part-time employee employed under the provisions of this clause must be paid for ordinary hours at the rate of 1/38th of the weekly rate prescribed for the class of work performed plus fifteen per cent.

15.3 Apprentices

15.3.1 The terms of this award will apply to apprentices including adult apprentices, except where it is otherwise stated or where special provisions are stated to apply. Apprentices may be engaged in trades or occupations provided for in this clause where declared or recognised by an Apprenticeship Authority.

Subject to appropriate State legislation, the Company must not employ an unapprenticed junior in a trade or occupation provided in this clause.

15.3.2 Operation of state laws

If any State has a current statute or regulation relating to apprentices, that statute or regulation will apply to apprentices bound by this award in that State, provided that the provisions of the statute or regulation are not inconsistent with this award. If any provisions are inconsistent, the provisions of this award will apply.

15.3.3 Where it is consistent with State Legislation an apprentice may be engaged under a Training Agreement approved by an Apprenticeship Authority, provided the qualification outcome specified in the Training Agreement is consistent with that established for apprenticeship in the trade training package determined from time to time by the Manufacturing Engineering and Related Services Industry Training Advisory Body (MERSITAB) and endorsed by the National Training Framework Committee.

15.3.4 Apprenticeship authority will mean:

15.3.5 In order to undertake trade training in accordance with 15.3.3 a person must be a party to a contract of apprenticeship or a training agreement in accordance with the requirements of the Apprenticeship Authority or State legislation. The employer shall provide and/or provide access to, training consistent with the contract or training agreement without loss of pay.

15.3.6 An Apprenticeship may be cancelled or suspended only in accordance with the requirements of the contract of apprenticeship or training agreement and the requirements of State legislation and the Apprenticeship Authority.

15.3.7 The probationary period of an apprentice will be as set out in the training agreement or contract of apprenticeship consistent with the requirement of the Apprenticeship Authority and with State legislation but will not exceed three months.

15.3.8 Apprentices attending technical colleges or schools or registered training organisations or TAFE and presenting reports of satisfactory conduct will be reimbursed all fees paid by them.

15.3.9 Except as provided in this clause or where otherwise stated all conditions of employment specified in the Award shall apply to apprentices. Notice of termination and redundancy provisions shall not apply to apprentices. The ordinary hours of employment of apprentices shall not in each enterprise exceed those of the relevant tradesperson.

15.3.10 Subject to 15.3.13 the period of apprenticeship will be four years. The period may be varied with the approval of the Apprenticeship Authority provided that any credits granted will be counted as part of the apprenticeship for the purpose of age progression under 19.2.

Further, the period may be varied to such other period as is approved by an Apprenticeship Authority on the basis of an approved competency based training program.

15.3.11 No apprentices under the age of eighteen years will be required to work overtime or shiftwork unless they desire. No apprentice will, except in emergency, work or be required to work overtime or shift work at times which would prevent their attendance in training consistent with the contract or training agreement.

15.3.12 No apprentice will work under a system of payment by results.

15.3.13 Lost time

Apprentices are required to serve an additional day for each day of absence during each year of their apprenticeship, except in respect of absences due to annual leave or long service leave. The following year of their apprenticeship does not commence until the additional days have been worked. However, any time that has been worked by the apprentice in excess of their ordinary hours must be credited to the apprentice when calculating the amount of additional time that needs to be worked in the relevant year.

15.3.14 Transition provisions

Any person engaged as an apprentice at the date this award commenced operation will be deemed to be an apprentice for all purposes of this award until the completion or cancellation of their apprenticeship contract.

15.4 Pre-apprenticeship trainees (engineering and maintenance)

15.4.1 Notwithstanding the provisions of this clause and 15.3, the Company may engage persons with appropriate qualifications for the purpose of Pre-Apprenticeship Training in Engineering and Maintenance. These persons are classified as pre-apprenticeship trainees.

15.4.2 Pre-apprenticeship training must not exceed a period of twelve months.

15.4.3 Pre-apprenticeship trainees must undertake appropriate internal and external courses of instruction and practical training as required by the Company from time to time. Training must be consistent with nationally accredited training within the industry.

15.4.4 Pre-apprenticeship trainees must be paid a minimum wage rate equal to 95 per cent of the first year rate of an indentured apprentice as prescribed under 19.2.

15.5 Junior employees

15.5.1 Application

This clause applies to junior employees who are employed in occupations for which apprenticeship is not provided under this award.

15.5.2 Junior rates of pay

Junior employees must be paid a minimum wage rate equal to the following percentage of an adult employee's minimum wage rate as set out in clause 19 – Wage rates for the classification for which the employee is engaged:

Age

Percentage of adult minimum wage rate

   

up to and including 17 years

55

18 years

85

19 years

93

20 years

100

The total wage must be calculated to the nearest five cents.

15.5.3 Prohibited occupations

Junior employees must not be employed:

15.5.3(a) if under sixteen years of age, to use oil burners, gas burners, fires used for heating of small articles, electric arc or oxy-acetylene blow pipes;

15.5.3(b) if under eighteen years of age, to perform die setting on power presses, as furnacepersons or assistant furnacepersons or as operators of power driven guillotines.

15.6 Trainees

The parties to this award shall observe the terms of the National Training Wage Award 1994, as amended.

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