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AP789529CRV - Metal, Engineering and Associated Industries Award 1998

9. RATES OF PAY AND RELATED MATTERS

[Pt II:9.1 varied by PR959867 ppc 07Jun05]

9.1 The following provisions of Part I apply to employees covered under Part II:

9.2 Wage Rates

9.2.1 The provisions of 9.2.2 below apply in addition to 5.1.1(c) of Part I:

9.2.2 Employees who as at 20 September 1989 were employed under the Metal Industry Award 1984 -Part II shall receive in addition to the award rate prescribed in 5.1.1(c) of Part I:

9.2.2(a) 2% additional after completion of three years experience at level C9 (or three years in the case of an employee who had been classified in a higher trades classification such as tool-maker or patternmaker immediately prior to being classified C9);

9.2.2(b) 5% additional after completion of two years experience at level C4;

9.2.2(c) 7% additional after completion of four years experience at level C9 (or three years in the case of an employee who had been classified in a higher trades classification such as tool-maker or patternmaker immediately prior to being classified C9).

9.3 Classifications and Qualifications

9.3.1 In addition to the provisions of Schedule D of Part I, the following applies:

Wage Group C1

The definitions of work and rates of pay at this level and the requirements for progression from C2(b) technical classification to level C1 shall be as prescribed in the Metal, Engineering and Associated Industries Award, 1998 - Professional Engineers and Scientists.

9.3.2 Notification of Classification

The employer shall advise an employee of their classification within two weeks of being engaged under Part II or being promoted to a position within the scope of Part II.

9.3.3 In addition to the provisions of clause 5.2 (Training) of Part I, the following applies:

A person may acquire a relevant qualification for employment:

9.3.3(a) whilst already employed and appropriately classified under the award, as provided in clause 5.1 of Part I; or

9.3.3(b) prior to being employed and appropriately classified under the award, as provided in clause 5.1 of Part I; or

9.3.3(c) as a trainee, as set out in clause 9.6 of Part II; or

9.3.3(d) as a trainee under the National Training Wage Interim Award and clause 5.6 of Part I; or

9.3.3(e) as a cadet, as provided for in clause 9.8 of Part II.

9.4 Phasing in of Wage Rates for Employees Without Relevant Work Experience

9.4.1 The provisions of 9.4.1 below apply in addition to 5.1.1(e) of Part I:

9.4.2 An employee commencing work in technical fields who is without the appropriate qualification for C10 classifications or above (or who is undertaking training in the qualifications prescribed) and who has not met the equivalent standard in accordance with subclause 5.1.1(e) of Part I but who otherwise meets the requirements of the relevant classification definition shall be paid in Accordance with the following formula:

Years of relevant work experience

Percentage of C9 rate of pay

 

%

0

83

1

88

2

95

3

100

9.5 Lower Grade and Higher Grade Duty.

9.5.1 An employee who is called upon to perform work of a lower grade than that in which he/she is normally engaged, shall suffer no reduction of salary on that account.

9.5.2 An employee who is called upon to perform work of a higher grade than that in which he/she is normally engaged, shall be paid for the time so employed at the rate of the first year of the grading of the employee whose duties he/she is performing.

9.6 Trainees

9.6.1 Operation

The provisions of this clause shall apply to trainees engaged in all areas of Part II except as to Trainee Draughtspersons in certain States. Trainee Draughtspersons may be employed in Victoria, Queensland and South Australia only.

9.6.2 Definition

A trainee shall mean an employee of less than 21 years of age who is undergoing, and proves to the satisfaction of the employer when requested that he/she is continuing, a Certificate course appropriate to his/her work prescribed by the appropriate Education Department in each State or any course of least equivalent thereto.

9.6.3 Rates of Pay

[Pt II:9.6.3(a) varied by R7068 S6782 PR905123 PR918227 PR932048; PR947308; PR959867 ppc 07Jun05]

9.6.3(a) Trainees shall receive, as minimum rates of pay, the following percentages of the weekly award rate for classification level C9 in the area where employed, as prescribed in subclause 5.1.1(c) of Part I:

Age

% of C9 level

Rate per week

Rate per hour

 

%

$

$

17 years and under

52.5

314.50

8.28

18 years

62.6

375.00

9.87

19 years

75.7

453.50

11.93

20 years

88.8

532.00

14.00

[Pt II:9.6.3(b) substituted by S6782 PR918227 PR932048 PR947308; PR959867 ppc 07Jun05]

9.6.3(b) The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review—Wages June 2005 decision [PR002005]. 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 award which are above the wage rates prescribed in the award. Such above-award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

9.6.4 Payment of Fees

9.6.4(a) Other than in South Australia, a trainee who attends in any one year not less than 80 per cent of the maximum possible attendances of the approved course at the training institution at which he/she is pursuing a course of study, and passes the annual examinations in that year, or if there is no examination, receives a satisfactory report, shall be reimbursed by the employer all fees paid by him/her for that course during that year. In the case of a trainee who complies with the foregoing requirement for attendances and who passes or receives a satisfactory report in a proportion of the subjects taken by him/her in any year, the employer shall reimburse a like proportion of fees.

9.6.4(b) The employer shall not, however, be required to reimburse fees or a proportion thereof for more than one year in excess of the period prescribed by the training institution for the approved course.

9.6.4(c) Provided that, where a trainee is in the employ of more than one employer in any school year, then the last such employer shall be liable only for the payment of fees pro rata to the period of employment with that employer.

9.6.5 Daytime Schooling

Trainees shall be allowed reasonable time (not exceeding an average of eight hours per week during a school term) for the purpose of attending classes in connection with the appropriate Certificate course on the same basis as apprentices in the establishment are allowed time off for day time schooling. For this purpose years of experience as a trainee shall be equivalent to years of apprenticeship.

9.7 Junior Tracers

[Pt II:9.7.1 varied by R7068 S6782 PR905123 PR918227 PR932048; PR947308; PR959867 ppc 07Jun05]

9.7.1 Junior tracers may be employed (except in NSW) and shall be paid the following percentage of the rate of pay for C12.

Age

% of C12 level

Rate per week (including safety net adjustment)

Rate per hour

 

%

$

$

16 years and under

54

282.70

7.44

17 years

59

308.90

8.13

18 years

67

350.80

9.23

19 years

76

397.90

10.47

20 years

83

434.60

11.44

9.7.2 See 5.1.1(d) of Part I for the criteria regarding absorption of safety net adjustments.

9.8 Cadets

9.8.1 A "cadet" is a person without prior experience in the metal and engineering industry or other relevant experience who is employed under a contract of training with an employer to complete the training qualification for the C3 classification that is an associate diploma or equivalent. The cadet must have achieved 50% of the modules required for the qualification as a full-time or part-time student before commencing employment with that employer.

9.8.2 A cadet is entitled to be paid as follows:

 

% of C3 Award Rate

   

First year of contract of training

40%

Second year of contract of training

55%

Third year of contract of training

70%

9.8.3 The cadet is not entitled to be classified at C3 and paid 100% of the C3 rate, notwithstanding the fact that the qualification may have been obtained, until the 3 year program is completed and the requirements of the C3 classification definition are met.

9.9 Allowances

9.9.1 Allowance for the Application of Technical Computing Equipment.

[Pt II:9.9.1(a) varied by R7068 S6782 PR905123 PR918227 PR932048 PR947308 PR959867; PR969366 ppc 06Mar06; PR975561 PR978589; PR983703 ppc 01Oct08]

9.9.1(a) An allowance of $32.97 per week shall be paid to any employee who is required to use technical computing equipment (as defined in 9.9.1(b)) to perform work of a complex nature. Work of a complex nature includes:

(i) the application of new concepts in their field of work, including the use of three dimensional projections;

(ii) the development of specialised programs for technical computing applications;

(iii) system development, including the evaluation of existing and alternative systems ancillary software and/or hardware;

(iv) the provision of training on the system for users, including the development and evaluation of self-learn and/or teaching methods or software packages.

9.9.1(b) "Technical computing equipment" is defined as computer hardware, (including personal computers, micro computers, mini computers or mainframe computers) using software and/or engineering applications (including design, engineering, planning or data base programs) which are used for drafting, planning, quality control, machine programming, NC programming and engineering analysis.

9.9.1(c) This allowance is not payable for routine or repetitive functions, or where the system is used merely as an aid.

9.9.2 Clothing and Equipment

9.9.2(a) Where an Employee as a result of performing any duty required by the employer, and as a result of negligence of the employer, suffers any damage to or soiling of clothing or other personal equipment, including spectacles and hearing aids, the employer shall be liable for the replacement, repair or cleaning of such clothing or personal equipment including spectacles and hearing aids.

9.9.2(b) An employee shall not be required to provide more than the following items of equipment - compasses, two set squares, protractor, a 12 inch scale (or metric equivalent) and a slide rule.

9.9.2(c) Where an employee is required to work in abnormal conditions as to temperature, height, dirt, oil, wetness, danger, and the like, such reasonable precautions must be taken by the employer as may be necessary to facilitate the employee carrying out his/her duties with a maximum of safety and the employer shall reimburse the employee for the cost of purchasing the special clothing that is required for the abnormal conditions. The provisions of this paragraph do not apply where the special clothing required for the abnormal conditions is paid for by the employer.

9.9.3 Travelling Expenses

In addition to the provisions of 5.9.4(b)(i), (ii), (iii) and (iv) the following applies:

9.9.3(a) If an employee is directed to work at a place other than his/her usual place of employment and the means of transport by which he/she is directed to travel offers travellers' accommodation of more than one class, the fares which shall be payable under this clause shall be such as to enable him/her to travel first class.

9.9.3(b) An employee, should he/she so desire it, shall be reimbursed by the employer to the extent of a first class return fare to his/her usual place of residence in respect of his/her normal place of employment after each period of four weeks on "distant work" unless such work is inherent in the normal work of the establishment in which he/she is employed. "Distant work" shall mean work which renders it necessary for an employee to sleep at a place other than his/her usual place of residence in respect of his/her usual place of employment.

[Pt II:9.9.3(c) varied by R7068 S6782 PR905123 PR918227 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]

9.9.3(c) Despite 9.12.1 and 9.12.2, air travel shall be either first or economy class, to be determined in accordance with the usual policy for company personnel including management. In the case of economy air travel, an allowance of $9.02 shall be paid for each meal period that occurs during the duration of the travel, provided that the employee did not receive a meal in flight for each period concerned.

9.10 Ship Trials

In the case of an employee engaged on ship trials, whether at wharf or in harbour or at sea, the provisions of 10.2 (Meal Breaks) of Part II do not apply, but all remaining clauses of Part II apply and, in addition thereto, the following provisions shall apply:

9.10.1 An employee's time for the purpose of computing the time of trial duty shall be deemed to commence at the time the employee is instructed to be on board the vessel, provided he/she is ready to go aboard at that time, and shall be deemed to terminate at the time the employee gains contact with the shore. Where such contact is obtained by the vessel's mooring at a wharf, contact shall be deemed to be gained when the gangway is lowered after mooring.

9.10.2 The maximum number of continuous hours an employee shall be required to be on duty shall be 12 hours. Should trials be planned for a longer duration a relief shift shall be arranged before leaving wharf.

9.10.3 A reasonable time, not less than 30 minutes, or as agreed upon, shall be allowed for each meal. Luncheon shall be provided and the time thereof shall be, as far as practicable, between 12 noon and 2.00 pm. If the employee is required to be on board before 7.00 a.m. breakfast shall be provided, and if the trial continues after 6.00 p.m. a light tea shall be provided. Where shifts are being worked, adequate meals shall be provided for each shift.

9.10.4 The following rates of pay shall be paid for time on duty as indicated:

9.10.4(a) Whilst vessel is at wharf - the rate payable pursuant to Part II for work performed on the days and at the time in question, plus 25 per cent of the ordinary daily rate for such work.

9.10.4(b) Whilst vessel is in harbour or at sea - the rate payable pursuant to Part II for work performed on the days and at the time in question, plus 50 per cent of the ordinary daily rate for such work.

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