AP798297 - South Australian Government Departments and Instrumentalities (Metal Trades) Award 1999
15.1 Full-time employment
Any employee not specifically engaged as being a part-time or casual employee is for all purposes of this award a full-time employee, unless otherwise specified in the award.
15.2 Casual employment
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 by this award for the work which they perform plus a casual loading of twenty percent. The casual loading constitutes part of the casual employees all purpose rate.
15.3 Part-time employment
15.3.1 An employee may be engaged to work on a part-time basis involving a regular pattern of hours which will average less than 38 hours per week
15.3.2 The terms of this award will apply pro rata to part-time employees on the basis that ordinary weekly hours for full-time employees are 38.
15.3.3 Public holidays
Where the part-time employee's normal paid hours fall on a public holiday prescribed in this award and work is not performed by the employee, such employee will not lose pay for the day. Where the employee works on the holiday, such employee will be paid in accordance with this award.
15.4 Employment for a specific period of time or a specific task or tasks
15.4.1 An employee may be engaged on a full time or part time basis for a specific period of time or for specific task(s).
15.4.2 The details of the specific period of time or specific task(s) will be set out in writing and retained by the employer. The employer will provide a copy to the employee.
15.4.3 An employee engaged in accordance with 15.4.1 is for all purposes of the award a full-time or part-time employee, except where otherwise specified in this award.
15.4.4 Service under a contract of employment for a specific period of time or specific task(s) will form part of an employee's period of continuous service, where such employee is engaged as a full-time or part-time employee immediately following such contract of employment.
15.5 Apprentices
15.5.1 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 the Accreditation and Registration Council. Subject to appropriate State legislation, the employer will not employ an unapprenticed junior in a trade or occupation provided for in this clause.
15.5.2 Every contract of apprenticeship must be made in accordance with the Vocational Education Employment and Training Act, 1994.
15.5.3 Where it is consistent with State Legislation, an apprentice may be engaged under a Training Agreement approved by the Accreditation and Registration Council, 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 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.
15.5.4 Subject to 15.1 an apprenticeship may be undertaken in any of the following trades:
15.5.5 In order to undertake trade training in accordance with 15.5.3 and 15.5.4 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 will provide and/or provide access to, training consistent with the contract or training agreement without loss of pay.
15.5.6 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.
15.5.7 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 must not exceed three months. If apprenticed, this period will count as part of the period of apprenticeship.
15.5.8 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.
15.5.9 Except as provided in this clause or where otherwise stated all conditions of employment specified in the award will apply to apprentices. The ordinary hours of employment of apprentices will not exceed those of the relevant tradesperson.
15.5.10 Subject to 15.5.14 the period of apprenticeship will be four years.
15.5.10(a) 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 clause 20 – Apprentice rates of pay.
15.5.10(b) 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.
15.5.10(c) The wage rates mentioned in clause 20 – Apprentice rates of pay 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.
15.5.11 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.
15.5.12 No apprentice will work under a system of payment by results.
15.5.13 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.
15.5.14 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.
15.5.15 Additional provisions for specific trades
The following additional provisions apply in relation to apprenticeships in the trades specified below:
15.5.16 A contract of apprenticeship may be made in accordance with this clause where the employer is more than one employer.
15.5.17 If an apprentice, when indentured, has attained the educational standard as indicated in this clause, and has the necessary vocational aptitude for training in the trade concerned, the employer will, subject to the approval of the Accreditation and Registration Council, grant a credit towards the four year term as follows:
Standard |
Credit |
Passed year 10 school year examination including passes in a mathematics and a science subject |
6 months |
Completed year 11 school year, including study at that level of a mathematics and a science subject |
6 months |
Taken year 11 school year examination with passes in a mathematics and a science subject at that level |
12 months |
15.5.18 If an apprentice, when indentured has had experience relevant to the trade concerned, which together with their educational qualifications fits the apprentice to undertake the training mentioned in 15.5.19, the apprentice will be granted such credit towards the four year term as the Accreditation and Registration Council determines appropriate, having regard to their trade experience and educational standard.
15.5.19 An apprentice to whom 15.5.17 and 15.5.18 apply will undertake, as early as practicable in the first year of apprenticeship, a period of twenty weeks of full day continuous training in a technical school or college designed for apprentices covered by those subclauses and a subsequent period of 320 hours of training in a similar technical school or college during the remainder of their apprenticeship.
15.5.20 Where an apprentice who received a credit towards the term of four years pursuant to 15.5.17 and 15.5.18 fails, in the opinion of the Accreditation and Registration Council to make satisfactory progress, the apprenticeship authority may require the apprentice to serve such additional period as it determines, not exceeding the amount of the credit.
15.5.21 For the purpose of determining wages payable to an apprentice, the credit to which an apprentice is entitled or granted pursuant to this clause will be counted as part of the apprenticeship term completed.
15.5.22 The total period of training required to be undertaken pursuant to 15.5.20 which is to be performed during ordinary working hours will not be less than the hours of training required to be performed during ordinary working hours by the provisions from time to time in force of any statute, award, or regulation relating to the attendance of apprentices at technical school, provided however that the period of twenty weeks training will be undertaken during ordinary working hours.
15.6 Trainees
The parties to this award will observe the terms of the National Training Wage Award 1994, as amended.
15.7 Unapprenticed juniors
The terms of this award apply to unapprenticed juniors except where otherwise stated or where special provisions are stated to apply.
