AP815828CRV - Australian Workers' Union Construction and Maintenance Award 2002
PART 9 - TRAINING AND RELATED MATTERS
40. CIVIL CONSTRUCTION TRAINEESHIP
40.1 Definitions
40.1.1 A Traineeship is a system of structured on-the-job training with an employer and off-the-job training with an approved training provider accessed through a Contract of Training. A traineeship provides three stages of training resulting in the Trainee achieving a qualification at eCW3 level (equivalent to AVC Level 3). Progression through each stage will be dependent on the trainee passing the required competency based assessment.
40.1.2 An approved training provider is a Technical and Further Education College or other training provider accredited by the appropriate State or Territory Training Authority and approved by the union.
40.1.3 A Contract of Training means an approved agreement for training registered with the appropriate State or Territory Training Authority or under the provisions of the appropriate State or Territory training legislation.
40.1.4 A Trainee is an employee who is bound by a Contract of Training registered with the appropriate State or Territory Training Authority.
40.2 Trainees to be additional to existing employees
40.2.1 The objective of the introduction of the Civil Construction Traineeship is to enhance the skill levels and future employment prospects of young people in the industry, but not at the expense of existing workers.
40.2.2 Accordingly, all trainees shall as far as possible be employed in addition to the existing employees of the respective company and shall not displace existing employees.
40.3 Training conditions
40.3.1 Trainees shall attend the approved on and off-the-job training course or program as prescribed in the Contract of Training.
40.3.2 The employer shall provide a level of supervision in accordance with the approved training plan during the Traineeship period.
40.3.3 All Traineeships shall be subject to a monitoring committee agreed to by the parties to this award, which shall have the authority to inspect all training records or work books to ensure compliance with the Contract of Training.
40.4 Employment conditions
40.4.1 A Trainee shall be engaged for the period as specified by the Contract of Training as a full-time employee, provided that such trainee shall be subject to a satisfactory probation period of up to one month.
40.4.2 A Trainee shall be permitted to be absent from work, without loss of pay or continuity of employment, to attend the off-the-job training in accordance with the Contract of Training
40.4.3 Where the employment of a Trainee by an employer is continued after the completion of the Traineeship, the period of the Traineeship shall be counted as service for the purposes of the award and long service leave entitlements.
40.4.4 Overtime and shiftwork shall not be worked by Trainees except to enable the requirements of the Training plan to be met. When overtime and/or shiftwork are worked the relevant penalties and allowances prescribed by the award shall apply, based on the wage rate contained in this clause. No Trainees shall work overtime or shiftwork on their own or without supervision.
[40.4.5 substituted by PR921791 PR936785 PR949361 PR961927 PR979554; PR983944 ppc 07Oct08]
40.4.5 In addition to their minimum rates, trainees shall be entitled to the following additional weekly allowances:
Stage |
Stage 1 |
Stage 2 |
Stage 3 | |||
Relativity |
68% |
78% |
90% | |||
NSW |
Other |
NSW |
Other |
NSW |
Other | |
States |
States |
States | ||||
$ |
$ |
$ |
$ |
$ |
$ | |
Industry allowance |
24.00 |
24.00 |
24.00 |
24.00 |
24.00 |
24.00 |
Special allowance |
7.50 |
7.97 |
7.50 |
7.97 |
7.50 |
7.97 |
40.4.6 All other allowances and entitlements (including fares and travel patterns allowance) shall be paid in accordance with the award.
40.4.7 In any state in which any statute relating to apprentices or trainees is now or hereafter in force or in which any authority with statutory power has issued or may issue any regulation relating to apprentices or trainees, such statute and such regulations shall operate in such State provided that the provisions thereof are not inconsistent with this award.
40.4.8 Except as provided for in this clause all other conditions as provided in the award shall apply.