AP791396CRV - National Electrical, Electronic and Communications Contracting Industry Award 1998
PART 4 – EMPLOYER AND EMPLOYEES’ DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGMENTS
11. CONTRACT OF EMPLOYMENT
11.1.1 Except as otherwise provided employment shall be by the week.
11.1.2 Any employee not specifically engaged as a casual employee shall be deemed to be employed by the week.
11.1.3 An employee shall present for work at the usual starting time at the job as directed by the employer.
11.2.1 This subclause shall not apply to on-site construction work.
11.2.2 An employee engaged by the week to work on a part time basis for a constant number of hours for less than 38 hours per week.
[11.2.3 varied by Q9130 ppc 30Jun98]
11.2.3 An employee engaged on a part time basis shall be paid per hour 1/38 of the gross weekly ordinary all purpose rate of pay prescribed in clause 17.3 of this award for the classification in which the employee is engaged plus any applicable allowances.
11.2.4 An employee engaged on a part time basis shall be entitled to payment in respect of annual leave, public holidays, sick leave and personal leave arising under this award on a proportionate basis.
11.2.4(a) Part-time employment – Annual leave
Subject to the annual leave provisions of this award:
11.2.4(a)(i) Where the employee has completed twelve months continuous service – four weeks leave at the number of ordinary hours which would otherwise have been worked during the period of leave.
11.2.4(a)(ii) Where the employee is entitled to pro rata leave on termination or at a close down in accordance with this award the employee shall receive 2.923 hours paid at the appropriate rate of wage for each 38 ordinary hours worked.
11.2.4(b) Part-time employment – Public holidays
11.2.4(b)(i) Where the normal hours fall on a public holiday and work is not performed by the employee, such employee shall not lose pay for the day.
11.2.4(b)(ii) Where the employee works on the holiday, such employee shall be paid in accordance with the public holidays or holiday and Sunday work clause of this award.
11.2.4(c) Part-time employment – Sick leave
The annual sick leave entitlement shall be the average number of hours worked each week multiplied by 2.
[11.2.4(d) varied by Q9130 ppc 30Jun98]
11.2.4(d) Part-time employment – Bereavement leave
Bereavement leave for part-time employees is set out in clause 26 - Personal leave of this award.
11.2.4(e) Part-time employment – Overtime
A part time employee shall not be required to work outside of the hours agreed under the contract of employment unless urgent and/or unforeseen circumstances intrude. In such a case the overtime provisions of this award shall apply.
[11.3.1 varied by Q9130 ppc 30Jun98]
11.3.1 A casual employee is one engaged and paid as such. A casual employee shall be paid per hour 1/38 of the gross weekly ordinary all purpose rate of pay prescribed for the classification in which the employee is ordinarily employed for the work performed, plus a loading of twenty percent.
The overtime provisions of clause 22 of this award apply to casuals.
11.3.2 Limitation of casual employment
A casual employee shall not be engaged as such for a continuous period in excess of eight weeks duration.
11.3.2(a) For the purpose of this sub clause continuous employment is broken if the employee is not engaged every day during the eight week period;
11.3.2(b) The period of employment is counted from the day the current period of continuous employment commenced.
11.4.1 State or Territory legislation to apply to apprentices
11.4.1(a) 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.
11.4.1(b) Subject to appropriate State legislation, an employer shall not employ an unapprenticed junior in a trade or occupation provided for in this clause.
11.4.2 Operation of State laws
In any State in which any statute or regulation relating to apprentices is in force, that statute and regulation will operate in that State provided that the provisions of the statute or regulation are not inconsistent with this award in which case the provisions of this award will apply.
11.4.2(a) 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 Utilities Industry Training Advisory Board and endorsed by the National Training Framework Committee.
11.4.2(b) Subject to 11.4.1(a) hereof an apprentice shall be indentured in any of the following trades:
Electrical
Instrument
Electronic/Communications
Refrigeration Air-conditioning
Power Lines Work and Cable Jointing
11.4.3 Apprenticeship Authority shall mean:
11.4.3(a) In Victoria the State Training Board of Victoria.
In South Australia the Accreditation and Registration Council.
In Tasmania the Training Authority of Tasmania.
In the Australian Capital Territory the Vocational, Employment, Educational and Training Authority.
11.4.3(b) In order to undertake trade training in accordance with 11.4.3(a) hereof, 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.
11.4.3(c) 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.
11.4.3(d) The probationary period of an apprentice shall be as set out in the training agreement or contract of apprenticeship consistent with the requirement of the apprenticeship authority with the State legislation but shall not exceed three months.
11.4.3(e) In the Australian Capital Territory apprentices attending technical colleges or schools or registered training organisations or TAFE and presenting reports of satisfactory conduct shall be reimbursed all fees paid by them.
11.4.3(f) Except as provided in this clause or where otherwise stated all conditions of employment specified in the award shall apply to apprentices. The ordinary hours of employment of apprentices shall not in each enterprise exceed those of the relevant tradesperson.
[11.4.3(g) varied by Q9130 ppc 30Jun98]
11.4.3(g) Subject to 11.4.6 hereof the period of apprenticeship shall be four years.
The period may be varied with the approval of the Apprenticeship Authority provided that any credits granted shall be counted as part of the apprenticeship for the purpose of wage progression under clause 17.7 of this award.
[11.4.3(h) varied by Q9130 ppc 30Jun98]
11.4.3(h) No apprentices under the age of 18 years shall be required to work overtime or shift work unless they so desire. No apprentice shall, except in an 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.
11.4.3(i) No apprentice shall work under a system of payment by results.
11.4.3(j) Transition provisions
Any person engaged as an apprentice at the date this award commenced operation shall be deemed to be an apprentice for all purposes of this award until the completion or cancellation of their apprenticeship contract.
11.4.4 Apprentices attending Technical College on RDO
[11.4.4 varied by Q9130 ppc 30Jun98]
An apprentice working in an establishment under a particular work cycle in accordance with 19.10 of this award who attends technical college on a rostered day off, shall be afforded another ordinary working day off as substitution for the rostered day off. Any substituted day must be taken in the current or next succeeding work cycle.
11.4.5 Employment of minors
11.4.5(a) An employer shall not employ minors in any trade covered by the classification of this award where the relevant state apprenticeship authority has prescribed such classifications as an apprenticeship trade.
11.4.5(b) A minor may be taken on as a probationary apprentice for three months, and if apprenticed, such three months shall count as part of their period of apprenticeship.
11.4.5(c) In Tasmania and South Australia only, an employee who is under twenty one years of age on the expiration of the employee’s apprenticeship and thereafter works as a minor in the occupation to which the employee has been apprenticed shall be paid not less than the adult rate prescribed for the classification.
11.4.6 Effect on period of apprenticeship of lost time
11.4.6(a) Except for South Australia, if during the period of apprenticeships an apprentice has served less than the ordinary working days prescribed by this award or has been unlawfully absent from work, for every day short or absent the apprentice shall serve an additional day in the apprenticeship period.
11.4.6(b) In South Australia, if at the end of the calendar period of any one year an apprentice has unlawfully been absent without the employer’s consent, the apprentice shall serve one day for every day of such absence and the calendar period of the succeeding year of the apprentices service shall not be deemed to begin until the said additional day or days have been served.
Provided that in calculating the extra time to be so served, the apprentice shall be credited with time which the employee has worked during the relevant year in excess of the employee’s ordinary hours.
