CONFECTIONERS (STATE) TRAINING WAGE AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by the
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New
South Wales Branch, industrial organisation of employees.
(No. IRC 1974 of 2002)
Before The Honourable
Justice Wright, President
|
22 April 2002
|
VARIATION
1. Delete the Arrangement,
of the award published 6 September 1996 and award review published 25 January
2002 (330 I.G. 1076), as varied and insert in lieu thereof the following and
renumber all clauses throughout the award accordingly:
Arrangement
PART A
1. Title
2. Application
3. Objective
4. Definitions
5. Training
Conditions
6. Employment
Conditions
7. Wages
8. Grievance
Procedures
9. Anti-Discrimination
10. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Weekly Rates - Industry/Skill Level A
Table 2 - Weekly Rates - Industry/Skill Level B
Table 3 - Weekly Rates - Industry/Skill Level C
Appendix A - Rates of Pay or Industry Skill Levels
2. Delete the
definition of "Traineeship Agreement" appearing in clause 4,
Definitions and insert in lieu thereof the following:
Traineeship
Agreement means an instrument which establishes a Traineeship under the Industrial and Commercial Act 1989. (Note:
Under the Apprenticeship and
Traineeship Act 2001, a training agreement is also referred to as an
indenture).
3. Delete
subclause (d) of clause 6, Employment Conditions and insert in lieu thereof the
following:
(d) A traineeship
shall not be terminated before its conclusion, except in accordance with the Apprenticeship
and Traineeship Act 2001,
or mutual agreement.
An employer who chooses not to continue the employment
of a trainee upon the completion of the traineeship shall notify, in writing,
the Relevant NSW Training Authority of their decision.
4. Delete
subclause (f) of clause 7, Wages, and insert in lieu thereof the following:
Appendix A sets out the rate of pay or level of a
Traineeship. Where the actual
traineeship is listed in Appendix A the rate of pay or skill level in respect
of the traineeship is determinative of the actual rate of pay or skill levels
(i.e. skill levels A, B or C) that are contained in the Traineeship. Where a new traineeship for the purpose of
this award is established by the relevant authority, the determination of the
appropriate rate of pay or skill level for the purpose of determining the
appropriate wage rate is to be based on the following criteria:
(i) Any agreement
of the parties or submissions by the parties
(ii) The nature of
the industry
(iii) The total
training plan
(iv) Recognition that
training can be undertaken in stages
(v) The exit skill
level in the Parent Award contemplated by the traineeship.
A trainee engaged in a traineeship prior to 22 April
2002, who is paid rates of pay or receives conditions that are better than the
rates of pay or conditions in this award, shall not be financially or otherwise
disadvantaged through the introduction of this clause and shall maintain their
existing rate of pay and/pr prior conditions until the cessation of their
traineeship.
5. Delete clause
8, Special Arrangements.
6. Delete
subparagraph (i) of paragraph (v) of subclause (a), of clause 9, Grievance
Procedures and insert in lieu thereof the following:
(i) If the
dispute relates to issues of training, then the matter may be referred to the
NSW Commissioner for Vocational Training in accordance with the Apprenticeship
and Traineeship Act 2001; or
7. Delete the
first paragraph of clause 10, Area, Incidence and Duration, and insert in lieu
thereof the following:
It is the intention of this award that it shall only
apply where there are declared traineeships (as defined) in place, excluding the County of Yancowinna.
8. Insert at the
end of Part B, Monetary Rates, the following new Appendix A:
APPENDIX A
Rates of Pay or Industry/Skill Levels
At the Parent Award Rate of Pay:
Industry/Skill Level A
Food Processing Certificate III
Industry/Skill Level B
Food Processing Certificate II
Industry/Skill Level C
Nil
9. This variation
shall take effect from the first pay period on or after 22 April 2002.
F. L. WRIGHT J,
President.
____________________
Printed by
the authority of the Industrial Registrar.