Woolworths (South Australia and Northern Territory) Award, 2003
AP825337 - Woolworths (South Australia and Northern Territory) Award, 2003
This clause applies to employees employed under the Australian Traineeship System and registered as trainees with the appropriate Federal, State or Territory body and to employees employed under the Career Start Traineeship Scheme in occupations governed by the provisions of this award.
14.1 Definitions
14.1.1 A traineeship is a system under the Australian Traineeship System comprising structured on-the-job training with an employer and off-the-job training in a College of Technical and Further Education or other training provider approved by the appropriate Federal, State or Territory body.
14.1.2 A training agreement means an agreement approved by the appropriate Federal, State or Territory body.
14.1.3 A trainee shall mean an employee bound by a training agreement.
14.1.4 The Career Start Traineeship is a system of training under the Career Start Traineeship Scheme comprising structured training with an employer, and it will include training in a College of Technical and Further Education or other training provider approved by the appropriate Federal, State or Territory body or its agent. Structured training for the purposes of a Career Start Traineeship shall mean formal instruction and closely supervised practice directly related to that instruction which is undertaken away from the job, as part of a training agreement.
14.2 Training conditions
14.2.1 Australian Traineeship System
14.2.1(a) A trainee will receive on-the-job training by the employer as specified in the training agreement and off-the-job training will be provided through Colleges of Technical and Further Education or other institutions approved by the appropriate Federal, State or Territory body. The total of on-the-job and off-the-job training will not exceed ten ordinary time starts in a two week period.
14.2.1(b) The employer agrees that the overall training program will be monitored by officers of the appropriate Federal, State or Territory body and training record books may be utilised as part of this monitoring process.
14.2.1(c) Subject to the right of an employer to terminate a contract of employment in accordance with the provisions of the Woolworths (South Australia and Northern Territory) award, and subject to the provisions of the training agreement, the contract of employment of a trainee shall be as a full-time employee for a period of 52 weeks, but the first four weeks of employment of a retail trainee shall be a probationary period of employment.
14.2.2 Career Start Traineeship
14.2.2(a) Duration and amount of training
Subject to the right of an employer to terminate a contract of employment in accordance with the provisions of the Woolworths (South Australia and Northern Territory) award, and subject to the provisions of the training agreement, the contract of employment of a trainee shall be as a full-time employee for a minimum period of 52 weeks, but the first four weeks of employment of a retail trainee shall be a probationary period of employment.
14.2.2(b) The Career Start Traineeship shall be:
14.2.2(c) A trainee undertaking a Career Start Traineeship with a year 10 or lesser level of general education achievement shall spend the amount of time in structured training specified in the training agreement.
This shall be:
14.2.2(d) A trainee undertaking a Career Start Traineeship who has completed year 11 studies shall spend the amount of time in structured training specified in the training agreement. This shall be:
14.2.2(e) A trainee undertaking a Career Start Traineeship who has completed year 12 shall spend the amount of time in structured training specified in the training agreement. This shall be, on average, up to 25% of ordinary working hours each week.
14.2.2(f) Notwithstanding the foregoing, the duration of the traineeship and the extent of structured training it entails may be varied outside the limits specified in 14.2.2(a), 14.2.2(b), 14.2.2(c), 14.2.2(d) or 14.2.2(e):
14.3 All trainees
14.3.1 Time spent off-the-job on training shall be allowed without loss of continuity of employment.
14.3.2 Where employment of a trainee by an employer is continued after completion of the traineeship period, the traineeship period shall be counted as service for all purposes.
14.3.3 All things being equal, and should vacancies be available, preference in continuation in employment shall be given to trainees at the conclusion of the training period.
14.3.4 In the event of industrial disputes occurring, trainees shall be exempt from such disputes.
14.3.5 The rostering of hours of work by trainees shall be decided by mutual agreement between the employer and employees concerned. Such rosters shall be in accordance with this award.
14.3.6 Where possible, traineeship positions should be additional to normal staff numbers but no existing employees shall be displaced by trainees.
14.3.7 The employer shall ensure that the trainee is permitted to attend the prescribed off-the-job training course and that the trainee is provided with on the job training approved by the appropriate Federal, State or Territory body.
14.4 Wages
14.4.1 The weekly wage payable to a trainee shall be calculated by reference to the appropriate wage according to age in this award:
14.4.1(a) Determine the hourly rate applicable to the relevant age for a full-time or part-time employee as prescribed in this award;
14.4.1(b) Multiply that hourly rate by 38 hours, less the average weekly time specified in the training agreement to be spent in structured off-the-job training.
(Trainees do not get paid for time spent in structured off the job training.)
14.4.2 The hourly rate of pay for the purposes of calculation of overtime or shift penalties is the hourly rate applicable to the relevant age for a full-time or part-time employee as prescribed in this award.
14.4.2(a) The wage rate determined by this calculation shall in no case be less than the minimum rate prescribed by the Australian Traineeship Guidelines.
14.4.2(b) Trainee wages shall be calculated in multiples of 10 cents with any result of 5 cents or more being taken to the next highest ten cent multiple.
14.4.3 The terms of this appendix applying to Career Start Traineeships operate in conjunction with a Commonwealth Government scheme, under which, if weekly wages calculated using the method outlined above fall below $125 for those under eighteen years old and $140 for those eighteen years and over (or any revised amount), the Commonwealth will provide a supplementary allowance to bring the total income of trainees undertaking Career Start Traineeships up to those levels.
In the event that the Commonwealth Government reduces these minimum income maintenance levels, the terms of this clause will be revised.
14.5 Annual leave
14.5.1 All trainees shall, after twelve months continuous employment (less the period of annual leave), be entitled to and allowed a period of 28 consecutive days paid leave.
14.5.2 After completion of each twelve month period of continuous employment as a trainee, a calculation shall be made of average number of ordinary hours worked per week by the trainee over the preceding twelve month period. Payment for each week of annual leave shall be made as if trainee employee normally worked per week the average number of ordinary hours calculated in accordance with this paragraph.
14.5.3 Payment for pro rata annual leave for a trainee employee whose employment is terminated shall be based on the average number of ordinary hours worked per week over the period for which a pro rata payment is to be paid.
14.5.4 Payment for annual leave shall be in the manner set out in 36.9 of this award.
14.6 Sick leave
14.6.1 A trainee is entitled in the first year of employment to be granted sick leave credits based on the quantum of leave prescribed for full-time employees. Sick leave credits for a trainee shall accrue in the first year of service on a weekly basis calculated in accordance with the following formula:
Ordinary hours worked per week |
Quantum of sick leave hours accrued |
12 |
0.46 |
13 |
0.50 |
14 |
0.54 |
14 |
0.58 |
16 |
0.61 |
17 |
0.65 |
18 |
0.69 |
19 |
0.73 |
20 |
0.77 |
21 |
0.81 |
22 |
0.85 |
23 |
0.88 |
24 |
0.92 |
25 |
0.96 |
26 |
1.00 |
27 |
1.04 |
28 |
1.08 |
29 |
1.12 |
30 |
1.14 |
31 |
1.19 |
32 |
1.23 |
33 |
1.27 |
34 |
1.31 |
35 |
1.35 |
36 |
1.38 |
37 |
1.42 |
38 |
1.46 |
14.6.2 After completion of the first twelve months continuous service and after completion of each subsequent period of twelve months’ continuous service, a trainee is entitled to the grant of a further sick leave credit. The amount of sick leave credit shall be based on the average number of ordinary hours worked per week by the trainee over the preceding twelve months. The following table shall be used in ascertaining the sick leave credit which must be granted to a trainee.
Average number of ordinary hours worked per week |
Hours of sick leave credit which must be granted |
12 |
24.00 |
13 |
26.00 |
14 |
28.00 |
14 |
30.00 |
16 |
32.00 |
17 |
34.00 |
18 |
36.00 |
19 |
38.00 |
20 |
40.00 |
21 |
42.00 |
22 |
44.00 |
23 |
46.00 |
24 |
48.00 |
25 |
50.00 |
26 |
52.00 |
27 |
54.00 |
28 |
56.00 |
29 |
58.00 |
30 |
60.00 |
31 |
62.00 |
32 |
64.00 |
33 |
66.00 |
34 |
68.00 |
35 |
70.00 |
36 |
72.00 |
37 |
74.00 |
38 |
76.00 |
