AP829982 - Metal Industry (Victorian Public Hospitals) Award 2002
18.1 Apprenticeship trades
An employer shall not employ minors in the following trades or occupations otherwise than under a contract of apprenticeship as hereinafter provided:
18.1.1 Boilermaker and/or structural steel tradesman, and/or welder - 1st class.
18.1.2 Electrical fitter and/or armature winder (except winding of armatures by specialised processes).
18.1.3 Electrical mechanic.
18.1.4 Fitter and/or turner.
18.1.5 Locksmith - making and/or repairing locks including those of safes, strong room doors but not including the making of parts by specialised processes and the assembling thereof.
18.1.6 Machinist - 1st and 2nd class.
18.1.7 Motor mechanic.
18.1.8 Scientific instrument maker.
18.1.9 Sheet metal worker - 1st class.
18.1.10 Welder - special class.
18.1.11 Window framer fitter.
18.1.12 Tradesman, radio.
18.1.13 Telegraphic mechanic and/or serviceman.
18.2 Contract of apprenticeship
Every contract of apprenticeship hereinafter made shall contain:
18.2.1 the names of the parties;
18.2.2 the date of birth of the apprentice;
18.2.3 a statement of the trade or trades to which the apprentice is to be bound and which is to be taught during the course and for the purpose of the apprenticeship;
18.2.4 a convenant by the employer to teach and instruct or cause the apprentice to be taught or instructed in the trade to which the apprentice is bound;
18.2.5 the date at which the apprenticeship is to commence or from which it is to be calculated;
18.2.6 all other conditions of apprenticeship.
18.3 Cancellation or suspension of indenture
18.3.1 Subject to the approval of a Board of Reference, but not otherwise, an indenture of apprenticeship may be suspended or cancelled:
18.3.1(a) by mutual consent;
18.3.1(b) if through lack of orders or financial difficulties an employer is unable to find suitable employment for an apprentice and a transfer to another employer cannot be arranged;
18.3.1(c) if in the opinion of a Board of Reference circumstances exist which render such suspension or cancellation necessary or desirable.
18.3.2 Any convenant in an indenture inconsistent with the provisions of this clause shall be null and void and of no force or effect while this award remains in force and applies to the parties to the indenture.
18.3.3 This clause shall not apply where the Industrial Training Commission of Victoria has power to cancel or suspend indentures of apprenticeship in the occupations specified herein or affects the rights of the employer to cancel or suspend such indentures.
18.4 Instruction in welding
18.4.1 The training of apprentices to blacksmithing, boilermaking, structural steel work, fitting and/or turning, plumbing or sheet metal work shall include instruction in electric welding and/or oxy-acetylene welding as far as is practicable with the facilities available in the shop in which they are trained.
18.4.2 The training of apprentices to electrical fitting shall include sufficient instruction in welding to enable them to perform the work of their trade in the shop in which they are trained.
18.5 Period of apprenticeship
The period of apprenticeship except where a person is apprenticed under 18.1 of this award shall be four years.
18.6 Wages
18.6.1 The minimum weekly rate of wage for apprentices shall be the undermentioned percentage of the ordinary weekly wage rate payable from time to time for an adult fitter employed in the area in which the apprentices are employed and in all contracts of apprenticeship hereafter made the employer shall convenant to pay wages of not less than such rates:
Four year terms |
Percentage of ordinary weekly wage of adult fitter |
First year |
42 |
Second year |
55 |
Third year |
75 |
Fourth year |
88 |
18.6.2 The total wages of apprentices shall be calculated to the nearest 5 cents, any broken part of 5 cents in the result not exceeding 2 cents to be disregarded.
18.6.3 An employee who is under 21 years of age on the expiration of their apprenticeship and thereafter works as a minor in the occupation to which they have been apprenticed shall be paid at not less than the adult rate prescribed from time to time for that classification.
18.7 Hours
The ordinary hours of employment of apprentices shall not in each workshop exceed those of the journey person.
18.8 Overtime and shift work
18.8.1 No apprentice under the age of 18 years shall be required to work overtime or shift work unless they so desire.
18.8.2 No apprentice shall except in an emergency work or be required to work overtime or shift work at times which would prevent their attendance at technical school as required by any statute, award or regulation applicable to them.
18.9 Payment by results
An apprentice shall not work under a system of payment by results.
18.10 Lost time
The apprentice at the end of the calendar period of any year in which they have actually given service to the employer upon less than the ordinary working days prescribed in this award for the trade, or on which they have unlawfully absented themselves without the employer’s consent shall, for every day short of the said number of working days, and for every day of such absence, serve one day, and the calendar period of the succeeding year of their service shall not be deemed to begin until the said additional day or days shall have been served. Provided that in calculating the extra time to be so served the apprentice shall be credited with time which they have worked during the relevant year in excess of their ordinary hours.
18.11 Prohibitions of premiums
An employer shall not, either directly or indirectly, or by any pretence or device receive from any person or require or permit any person to pay or give any consideration in the nature of a premium or bonus for the taking or binding of any probationer or apprentice.
18.12 Attendance at technical schools
Apprentices attending technical colleges or schools and presenting reports of satisfactory conduct shall be reimbursed all fees paid by them.
18.13 Operation of State laws
18.13.1 Any Victorian statute or regulation relating to apprentices now or hereafter in force shall operate provided that the provisions thereof are not inconsistent with this award.
18.13.2 The provisions of any statute, award or regulation relating to the attendance of apprentices at technical school during ordinary working hours or to disciplinary powers of the apprenticeship authority over apprentices and employers, shall not be deemed to be inconsistent with this award.
18.14 Annual, sick and bereavement leave
Apprentices shall be entitled to sick, annual and bereavement leave in accordance with the provisions of clauses 27 - Personal leave and 28 - Annual leave of this award respectively.
18.15 Apprentice required to attend technical school on rostered day off
Where an apprentice is required to attend a technical college or school as part of their training on a day when a rostered day off is being observed at the plant or section of the plant in which they are employed, they shall in lieu of that rostered day off observe another day in the four week work cycle, or the next, by agreement with their employer.
18.16 Completion of apprenticeship - public hospitals
18.16.1 Mechanical Trades
An apprentice trained by the hospital upon successful completion of their training shall be paid the rate of pay prescribed for the classification “Mechanical Tradesman Level 1” – Public Hospitals. After 12 months experience as a tradesman he/she shall be paid the rate of pay prescribed for his/her classification plus the allowance provided by clause 14.19. However, where the apprentice so trained is required to perform special work as defined, he/she shall be paid as per the classification “Mechanical Tradesman Level 2” – Public Hospitals.
18.16.2 Electrical Trades
An apprentice trained by the hospital upon successful completion of their training shall be paid the rate of pay prescribed for the classification “Electrical Tradesman” – Public Hospitals, provided, however, that where the apprentice so trained is required to perform work of (complex systems) as defined, he/she shall be paid as per the classification “Electrical Tradesman Complex Systems” – Public Hospitals.
