AP795978 - Space Tracking Industry Award 1998
12.1 Probationary employment
12.1.1 An employer may initially engage a full-time or part-time employee for a period of probationary employment for the purpose of determining the employee's suitability for ongoing employment. The employee must be advised in advance that the employment is probationary and of the duration of the probation which can be up to but not exceed three months. In the case of Engineers, where the nature of the work may so warrant, a probationary period may not exceed six months.
12.1.2 A probationary employee is for all purposes of the award a full-time or part- time employee.
12.1.3 Probationary employment forms part of an employee's period of continuous service for all purposes of the award, except where otherwise specified in this award.
Any employee not specifically engaged as being on probation or as a part-time or casual employee is for all purposes of this award a full-time employee, unless otherwise specified in the award.
12.3.1 A casual employee is to be employed by the hour. A casual employee for working ordinary time will be paid an hourly rate calculated on the basis of one thirty-eighth of the weekly award wage prescribed in 5.1 for the work which they perform plus a casual loading of 25 percent. The loading constitutes part of the casual employee's all purpose rate.
12.3.2 Where the employee is entitled to pro rata leave on termination or at a close down in accordance with this award the employee will receive 2.923 hours paid at the appropriate rate of wage for each 38 ordinary hours worked.
12.3.3 Caring responsibilities
[12.3.3 inserted by PR968097 ppc 09Mar06]
12.3.3(a) Subject to the evidentiary and notice requirements in 26.7 and 26.8 employees are entitled to not be available to attend work, or to leave work:
12.3.3(b) The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.
12.3.3(c) An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.
12.4 Regular part-time employment
12.4.1 An employee may be engaged to work on a part-time basis involving a regular pattern of hours.
12.4.1(a) Before commencing part-time employment, the employee and employer must agree:
12.4.1(b) The terms of this agreement may be varied by consent between the parties.
12.4.1(c) The terms of this agreement or any variation to it will be in writing and retained by the employer. A copy of the agreement and any variation to it will be provided to the parties.
12.4.2 The terms to this award will apply pro rata to part-time employees on the basis that ordinary weekly hours for full-time employees are 38.
12.4.3 Overtime
A part-time employee who is required by the employer to work in excess of the hours agreed upon in accordance with 12.4.1(a), 12.4.1(b) and 12.4.2, will be paid overtime in accordance with 24.1 of this award.
12.4.4 Public holidays
Where the part-time employee's normal paid hours fall on a public holiday and work is not performed by the employee, such employee will not lose pay for the day.
12.5 Employment for a specific period of time or a specific task or tasks
12.5.1 An employee may be engaged on a full time or part time basis for a specified period of time, for a specified task or tasks, or to perform a given amount of work within a given period.
12.5.2 The details of the specific period of time or tasks will be set out in writing and retained by the employer. The employer will provide a copy to the employee.
12.5.3 The periods of notice specified in 13.1 will not apply to an employee engaged on such terms,
12.5.4 An employee engaged in accordance with 12.5.1 is for all purposes of the award either a full-time or part-time employee.
12.5.5 In the event that an employee engaged in terms of this paragraph is subsequently offered further employment, the first period will be counted as continuous service with the second period.
12.6.1 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.
An employer will not employ an Unapprenticed junior in a trade or occupation provided for in this clause. Leave is reserved to employer organisations respondent to this award to seek to vary this provision if such limitation is removed from State or Territory legislation in a particular State or States. In such proceedings, Section 96 of the Workplace Relations Act 1996 will be taken into account.
12.6.2 Operation of State and Territory Laws
In any State or Territory in which any statute or regulation relating to apprentices is in force, that statute and regulation will operate in that State or Territory 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.
12.6.2(a) Where it is consistent with State or Territory 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 Metal, Engineering and Related Services Industry Training Advisory Body (MERSITAB) and endorsed by the National Training Framework Committee or, is consistent with the electrical trades qualification established for apprenticeship from within a Utilities ITAB Training Package endorsed by the National Training Framework Committee.
12.6.2(b) Subject to 12.6.1 an apprenticeship may be undertaken in any of the following trades:
12.6.2(b)(i) EngineeringTradesperson (Mechanical);
12.6.2(b)(ii) Engineering Tradesperson (Fabrication);
12.6.2(b)(iii) Engineering Tradesperson (Electrical/Electronic);
12.6.2(b)(iv) Higher Engineering Tradesperson;
For the trade of Higher Engineering Tradesperson the following will apply:
12.6.2(b)(v) Electrical Trade;
12.6.2(b)(vi) Electronic Trade;
12.6.2(b)(vii) Instrument Trade (Industrial/Scientific.)
12.6.3 Apprenticeship Authority will mean: the appropriate body appointed by the Government of the State or Territory to regulate apprenticeship matters.
12.6.4 In order to undertake trade training in accordance with 12.6.3 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 or Territory legislation. The employer will provide and/or provide access to, training consistent with the contract or training agreement without loss of pay.
12.6.5 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 or Territory legislation and the Apprenticeship Authority.
12.6.6 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 or Territory legislation but will not exceed three months.
12.6.7 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.
12.6.8 The employer will ensure that there are sufficient skilled tradespersons employed to ensure apprentices are able to satisfy the requirements of their training including on-the-job training and experience.
12.6.9 Except as provided in this clause or where otherwise stated all conditions of employment specified in the award will apply to apprentices. Notice of termination and redundancy provisions will not apply to apprentices. The ordinary hours of employment of apprentices will not in each enterprise exceed those of the relevant tradesperson.
12.6.10(a) Subject to 12.6.13 the period of apprenticeship will be four years.
12.6.10(b) 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 wage progression under 17.2.
12.6.10(c) 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.
12.6.10(d) The wage rates mentioned in 17.2 may be varied with the approval of the relevant parties to this award according to the apprentice affected, and the relevant apprenticeship authority to allow for progression between wage levels based on the gaining of agreed competencies and/or modules instead of the year of the apprenticeships. For example the appropriate proportion of the minimum training requirement associated with the year of the apprenticeship could only be used to identify progression from one percentage rate to the next.
12.6.11 No apprentices under the age of eighteen years will be required to work overtime or shift work unless they so 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.
12.6.12 No apprentice will work under a system of payment by results.
12.6.13 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 will be credited to the apprentice when calculating the amount of additional time that needs to be worked in the relevant year.
12.6.14 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.
12.6.15 To provide for genuine career path development, on selecting adult apprentices the employer should first consider applicants who are currently employed by the employer.
12.6.16 Where an employer proposes to employ adult apprentices there will be consultation in accordance with clause 10 – Consultative mechanism and procedures in respect to any effect on the number of junior apprentices traditionally employed at that enterprise.
12.7.1 The parties to this award will observe the terms of the National Training Wage Award 1994, as amended.
12.7.2 The terms of this award apply to Unapprenticed juniors except where otherwise stated or where special provisions are stated to apply.
