AP811245 - Timber Industry – CFMEU Wood Panels – Award 2000
PART 4 - EMPLOYMENT RELATIONSHIP AND RELATED MATTERS INCLUDING CATEGORIES OF EMPLOYMENT
13. EMPLOYMENT CATEGORIES
13.1.1 All employees, except those engaged as casuals shall be engaged on a weekly basis.
13.1.2 Employment during the first two weeks shall be from day-to-day at the weekly rate prescribed in clause 19 - Classifications and wage rates.
13.2.1 A casual employee shall be paid per hour 1/38th of the award rate applicable for the work performed plus a loading of 20%.
13.2.2 A casual employee who works in excess of the ordinary hours fixed for weekly employees on any day shall be paid at the appropriate overtime rate provided in this award on the casual employees actual rate of pay.
13.2.3 A casual employee engaged for a part of any day shall be entitled to a minimum of four hours pay per day whether the casual employee is required to work for four hours or not.
13.2.4 The provisions of clauses 33 - Annual leave, 34 - Personal leave, and 35 - Jury service leave, shall not apply to casual employees.
13.3.1 An employee may be engaged to work on a part-time basis involving a regular pattern of hours which shall average less than 38 hours per week.
13.3.2 Before commencing part-time employment, the employee and employer must agree upon the hours to be worked by the employee, the days upon which they will be worked and the commencing and finishing times for the work.
13.3.3 The terms of the part-time work agreement may be varied by consent, or in the absence of agreement pursuant to clause 12 – Disputes resolution procedure, of this award.
13.3.4 The terms of the part-time work agreement, or any variation to it, shall be in writing and retained by the employer. A copy of the agreement and any variation to it shall be provided to the employee by the employer.
13.3.5 An employer is required to roster a regular part-time employee for a minimum of three consecutive hours on any shift, or as otherwise agreed in accordance with clause 9 – Facilitative provisions, of this award.
13.3.6 A part-time employee shall be paid for each hour worked 1/38th of the weekly award wage prescribed by this award for the grade of work performed.
13.3.7 A part-time employee who works in excess of the daily hours fixed by agreement between the employer and the employee shall be paid overtime in accordance with clause 27 - Overtime, Saturday, Sunday, day workers and holiday payments, of this award.
13.3.8 Leave provisions
[13.3.8(a) varied by PR969388 ppc 10Mar06]
13.3.8(a) A part-time employee shall be entitled to annual leave and personal leave in accordance with this award in proportion to ordinary hours worked.
13.3.8(b) Where the normal paid hours fall on a public holiday and work is not performed by the employee, such employee shall not lose pay for the day.
[13.3.8(c) varied by PR969388 ppc 10Mar06]
13.3.8(c) Where a part-time employee would normally work on either or both of the two working days following the death of a close relative which would entitle an employee on weekly hiring to bereavement leave in accordance with 34A of this award, the employee shall be entitled to be absent on bereavement leave on either or both of those two working days without loss of pay for the day or days concerned.
13.3.9 Subject to this clause, all of the provisions of this award shall apply to a part-time employee.
13.4.1 The employer may employ unapprenticed juniors in any position which they are competent to carry out subject to this clause.
13.4.2 Provided further that a junior employed under this clause shall not be employed or work in contravention of any apprenticeship award, Act or regulation applying to a classification or skill grade structure of this award.
13.4.3 Proof of age
When any junior is engaged they shall, if the employer requires it, furnish a certificate or statutory declaration as to their age, and the employer may rely on such certificate or declaration until or unless the employer has notice of its inaccuracy.
13.5.1 Objective
13.5.1(a) Employing persons who are new to the Industry through appropriate traineeships provides structured entry level training and provides a bridge to permanent skilled employment in the industry. Utilising traineeships is an effective method of providing up front training and skill development leading to improved productivity and safety in the enterprise.
13.5.1(b) This clause provides terms and conditions of employment, including the rate of pay, applicable to persons engaged under traineeships in the industry.
13.5.1(c) The purpose of these arrangements is to provide vocational training consistent with the needs of industry and general skills appropriate to the work force, and to enhance the skill levels and future employment prospects of trainees. This is to be achieved through various vocational educational and training pathways including a combination of work, education and structured training.
13.5.1(d) An objective of this clause is to provide vocational education and training pathways that maximise credit transfer and articulation with higher level training opportunities.
13.5.1(e) The parties to this award to encourage participation in traineeships that:
13.5.1(e)(i) are based on national industry competency standards;
13.5.1(e)(ii) incorporate key competency training for early school leavers;
13.5.1(e)(iii) are articulated and accredited and resulting in nationally recognised credentials; and
13.5.1(e)(iv) include pay rates based on competency rather than age, negotiated by the industrial parties.
13.5.1(f) Traineeships provide additional employment and training opportunities. Accordingly, these opportunities shall be provided to the fullest extent possible. Existing employees shall not be displaced from employment by trainees.
13.5.2 Training conditions
13.5.2(a) Trainees shall participate in approved structured training courses or programs prescribed in the relevant training agreement or as notified to the trainee by the appropriate State or Territory training authority.
13.5.2(b) Trainees may be engaged by employers registered with the appropriate State or Territory training authority. The employer shall ensure that the trainee is permitted to attend the prescribed off-the-job training course and is provided with on-the-job training approved by the appropriate State or Territory training authority.
13.5.2(c) The employer shall provide a level of supervision in accordance with the approved training plan during the traineeship period.
13.5.2(d) The employer agrees that the overall training program will be monitored by officers of the appropriate State or Territory authority or the appropriate industry training body and that training records or work books may be utilised as part of this monitoring process.
13.5.3 Employment conditions
13.5.3(a) A trainee shall be engaged as a full-time employee, for a traineeship of a minimum period of one year, provided that the trainee shall be subject to a satisfactory probation of up to one month which may be reduced at the discretion of the employer.
13.5.3(b) A trainee with Year 11, Year 10 or lesser level of general education achievement shall spend the amount of time in structured training specified in the registered training agreement. This may be:
13.5.3(b)(i) during the first year, on average, up to 35% of ordinary working hours each week;
13.5.3(b)(ii) where the traineeship extends beyond the first year, on average, up to 25% of ordinary working hours each week during this period.
13.5.3(c) A trainee who has completed Year 10 or has finished school over three years ago shall spend the amount of time in structured training specified in the registered training agreement. This will be on average, up to 25% of ordinary working hours each week.
13.5.3(d) Notwithstanding the foregoing, an employer or employer organisation respondent to this award and the union may, by agreement in writing and with the consent of the relevant State/Territory training authority, vary the duration of the traineeship and the extent of structured training.
13.5.3(e) The trainee is permitted to be absent from work without loss of continuity of employment to attend the structured training in accordance with the training agreement.
13.5.3(f) Where the employment of a trainee by an employer is continued after the completion of the traineeship period, such traineeship period shall be counted as service for the purposes of the award and long service leave entitlements.
13.5.3(g) The training agreement may restrict the circumstances under which the Trainee may work overtime and shiftwork in order to ensure the training program is successfully completed. When overtime and shiftwork are worked, the relevant penalties and allowances of the award based on the trainee wage will apply. No trainee shall work overtime or shiftwork on their own, or where it is consistent with the provisions of the relevant award. No trainee shall work overtime, if that overtime jeopardises the ability for normal employees to work their desired amount of overtime.
13.5.3(h) All other terms and conditions of the award shall apply unless specifically varied by this clause.
13.5.4 Wages
This clause applies to employers who are not respondent to the National Training Wage Award 1994 [Print N4816 [N0277]].
13.5.4(a) The hourly rate for trainees when they are on the job will be based upon the award Skill Level Rates commensurate with the level of skills they are exercising on the job.
13.5.4(b) To calculate the weekly wage, multiply the hourly rate for the appropriate skill level by the number of weekly ordinary hours, less the average weekly time spent off-the-job in structured training over ten months. The amount of time spent off the job in structured training will be specified in the registered training agreement.
13.5.4(c) The hourly rate as outlined in 13.5.4(a) hereof shall be the rate of pay for all purposes.
13.5.5 Review
Parties to the award agree that a jointly conducted comprehensive review of the effectiveness of traineeship and its applicability to the development of career paths in the industry shall be undertaken on an as needs basis, to determine whether or not the traineeship should continue in its existing form. Such review shall include the appropriate rate for the calculation of weekly wages payable to trainees in accordance with the formula set out in 15.9.4 hereof.
13.5.6 Disclaimer
Without prejudicing the position of any party to this award, this clause shall not be used as precedent in any argument that employers have an obligation to contribute their own time and expense to industry training.
