Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers and Others [1999] QIRC 216 (1999) 162 QGIG 159

158 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 15 October, 1999 ! l 15 October, 1999 COMMISSIONER SWAN QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Vocational Education, Training and Employment Act 1991 -s. 83(3)(b)(i)- application for order l\tL5tJ:-alian Liquor, HospitaHty and Miscellaneous Workers Unfon, Queensland Branch, Union of Employees AND Queensland Chamber of Commerce and Industry Limited, Jndustrial Organisation of Employers and Others (No. 8221 of 1999) TRAINEESHIP ARRANGEMENTS- COMMUNITY AND HOME CARE ORDER 159 9 April 1999 THIS matter coming on for hearing before the Commission at Brisbane on 9 April 1999, this Commission doth Order as follows from the ninth day of April, 1999:- ARRANGEMENT Subject Mauer Clause .No. Objectives ...................................... ,................................................. ..................... •···························..···············I. Application................................................................ ................. ................... ..............................................................2. Definitions...................... ............................................................... ............................................ ......................3. Training Conditions .............................. ................. ................... .....................................................................................4. Employment Conditions.................... ...................................................................................................... .......... 5. Wages and Progressions..................... ........................................... ........................................... ................ ......6. Existing Employees..... ....................................................................................................................... 7. New Adult Employees ........................................................................... ........................... ....................................... 8. Recognition of Prior Lear ning ...................................................................... ...................... ............................................ 9. Assessment and Review......... ................................................. ........................ ..........................................10. Dispute Resolution Procedures................... . ....... ................... ....................... ...............................................................11. Completion of Schooling .................................... .............. ..... .................. ................. ..... ....................................... I2. Transportation Arrangements ........... .................. ....................................................................13. Protective Clothing or Uniforms..... . ............................................................................................................14. Superannuation. .. ................ ........................... ..... ............... ... ................................................... 15. Industrial Relations........................................... ............. ......... ....................... ............................................................... 16. Special Arrangements ..................................... Date of Operation ............. .............................. ...................... J. OBJECTIVES The objectives of this Order are 10: ................................................ ..... ................ 17. ························..·············.......................................... 18. (a) assist in the establishment of the Community and Home Care traineeship, which provides approved training in conJunction with employment in order to enhance the skill levels and l'ulllre employment prospects for trainees. n,e parties agree that trainees shall not displace existing employees from employment. There is an opponunity for exi�ting employees, through tins traineeship, 1f offered by the employer to access approved training arrangements without loss of wages or other entitlements. l\othing in this Order shall be taken to replace the prescription of training requirements in the Award. (b) provide, through the traineeship, an opportunity for pan-time and school based trainees to advance from entry level competence to the attainment of competency sufficient to be issued with a qualification in accordance with the AustraliaJ> Qualification Framework (AQF). (c) introduce flexibility in the employment of trainees to allow for part-time and school based employment under a Training Agreement. Nothing in this order will prevent employers and trainees from entering into supplementary industrial arrangements in accordance with the Workplace Relations Act 1997. The a,nngements within this Order are not to be regarded as a pr,:c.:dent in any other proceedings by any party to this Order or in any other proceeding whatsoever. 2. APPLICATION (a) This Order shall only apply to those per sons who are panics to a Training Agreement registered with the State Training Council in the traineeship calling of: Community and Home Care {b) This Order shall have effect on the employment of a trainee and the trainee's employer. The trainee and employu must have entered into a Training Agreement appr oved hy the State Training Council. 3. DEFINITIONS "Ace shall mean the Vocational Education, Training and Employment Act 1991. ··Adult" shall mean any per son 21 years of age and over. "ApProved Traimng Scheme." shall bear the meaning contained in Section 68 of the Act. ..Australian Qualifications Framework (AQF)" shall mean a national system oi recognition for the issue of vocational qualifications. -- 1 of 3 -- 160 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 15 October, 1999 "Authorised Representative" shall mean a person authorised in accordance with the rules of the relevant industrial organisation. "Award" shall mean the relevant award/s or industrial instrument/s that would have applied to the trainee but for the operation of this Order. "Competencies" shall mean the appropriate level of competency attained by the trainee in accordance with the relevant competency standards. "Competency Based Training'' is a way of approaching vocational education and training that places primary emphasis on what a person can actually do as a result of training (outcome) and as such represents a shift away from an emphasis on the processes and time involved in training (the inputs). "Course of Instruction" shall mean the Certificate III in Commumty and Home Care and shall include the minimum training requirements. The term shall also mean any other course of instruction approved by the State Trarnmg Council that replaces Certificate III m Community and Home Care. "Employer" shall bear the meaning given to that term in the Act. "Part-Time Trainee" shall mean a trainee who undertakes a traineeship on a part-time basis by working less than the full-time ordinary hours of the relevant Award and by undertaking the course of instruction at the same or lesser training time than a full-time trainee. "Recognition of Prior learning" shall mean the process whereby competencies already attained by an individual can be assessed and recognised as fulfilling certain components of the course of instruction and leading to a statement of attainment. "Registered Training Organisation" shall mean an organisation such as a secondary school, TAFE or a private provider that meets the registration requirements within the Act with respect to the delivery of particular courses of instruction, including the assessment of the achievement of competence. "School Based Trainee" shall mean full-time student undertaking a traineeship in association with their school studies i.e. a combination of secondary schooling or traming, an integrated training program and employment with an employer as part of a stable employment relationship. Such an arrangement requires: •a Training Agreement signed by the employer and the trainee or their guardian; •an employment contract involving on-the-joh training and productive work: •off-the-job training undertaken by a Registered Training Organisation; •that the student/employee attends secondary school or mstitution, training and work as reqmred under the course of instruction: and •as a final outcome, the attainment of a senior secondary certificate or qualification and completion of or progress to a nationally recognised vocational education and training qualification. •'State Training Council" shall bear the meaning and powers within the Act. "Supervision" shall mean direct and rndirect supervision. (a) Direct supervision occurs where an appropnately qualified per.son observes. worb with or directs the trainee in their actual work. (h) lndJrect supervision occurs when an appropriately qualified person instructs the tramee in their actual work and evaluates the outcomes of the trainees actual work. "Trainee" shall bear the meaning given to that term in the Act. "Training Agreement" shall bear the meaning given to that term in lhe Act. "Training Record" shall hear the meaning contained in section 93 of the Act. 4. TRAINING CONDITIONS (a) The trainee may undertake a course of instruction approved by the State Training Council on a part-time basis or school hased. The timing of delivery of the off-the-job component shall be negotiated between the employer and the tramee. (b) Employers will ensure trainees are directly and indirectly .,upervised to the extent required to ensure that all on and off-the-job training outcomes are achieved: Provided that in the case of new entrants and existing workers who enter a traineeship with limited or no relevant industry (c) The employer accepts that officers of the State Training Council will monitor the overall training program and that the Trainmg Record will be used as part of the momtonng process. (d) The training outcomes of these courses of instruction are designed to be flexible and will lead to the issue ot credentials by the State Training Council in accordance with the AQF (e) Prior to, or immediately after commencing the: traineesh1p the trainee shall he assessed by the relevant Registered Training Organisation to determine the competencies already possessed relative to the training program to be undertaken a.nd that these competencies shall be identified in the tramee' s respective training record. 5. EMPLOYME1'iT CONDITIO'\"S 5.1 General Employment conditions shall be as provided in the relevant Award or industrial instrument. except where modified or varied by this Order. New Entrant Aged Care trarnees shall not displace existmg workers from employment and shall only be engaged in addition to existing staffing levels. Where ex1stmg employees undertake a tramecship the t"mployer shall endeavour to munrmse any adverse aftects on other employees. 15 October, 1999 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 161 5.2 Part-Time Trainees (a) A trainee may be engaged on part-time arrangements with the consent of the State Training Council and be remunerated on a part-time basis in accordance with the provisions of this Order. (h) The mimmum and maximum part-time hours of work shall be specified in a letter of appointment and shall not be inconsistent with the Award. (c) Notv.:ithstanding the provisions of the Award, the ordinary hours of work including on and off-the-job training for a part-time trainee shall not average less than fifteen (15) hours per week over each four (4) week period throughout the duration of the Training Agreement. (d) A trainee may be engaged on a part-time basis until such time as the trainee attains the minimum training requirements within the Training Agreement. (e) A part-time trainee shall have predictable hours of work, and shall be rostered to work on a regular and continuous basis. (f) All other terms and conditions of employment shall be determined by the relevant Award including overtime, annual leave, sick leave and other relevant entitlements. (g) Nothing within this Order will prevent the employer and a part-time trainee from progressing the traineeship to a full-time basis, with the consent of the State Training Council. 5.3 Schoo) Based Trainees (a.) Where a secondary school student enters into a school based traineeship, the minimum hours as provided for in clause 5.2(h) shall not apply. (b) A school based trainee, shall receive all employment conditions applicable to a trainee under the Award, except where varied by the terms of this Order. 6. WAGES AND PROGRESSIONS 6.2 General Future increases or variations to the Training Wage Award - State and/or the trainees' a ward (as defined) shall be deemed to have effect on the provisions of this Order. Trainees who successfully complete the Approved Training Scheme and continue to be employed by the employer shall receive the appropriate Junior or adult rate of pay under the A ward or relevant industrial instrument or remain on the level presnibed within this Order whichever is the higher. 6.2 Full-Time Trainees Wages tor tull-hme trainees shall be based on the provisions of the Training Wage A ward - State Skill Level C. This shall form the basis of wage calculatwn� in respect of annual leave, sick leave and statutory holidays and all other entitlements. 6.3 Part-Time Trainees Wages for part-time. tramees shall be based on the provisions otthe Traming Wage Award - State. This shall form the basis of wage calculations in respect of annual leave. overtime. sick leave and statutory holidays and all other entitlements. Part-time trainees shall be paid on a pro rata hourly has1s. 6.4 School Based Trainees (a) General School based trainees shall be remunerated in accordance with the provisions of this section for a.ll time worked including time spent undertak111g on the JOb training: Provided that a school based trainee shall not be entitled to the following: wages for time spent at school or undertaking off the job tra111ing: annual leave: sick leave: and public holidays, where the trainee 1,; not reqmred to work on such days. (b) Wage Schedule Schcx)l based trainees shall be paid in accordance with the following rates of pay, dependent upon the Year of schooling in which is the student 1s emolled. Students enrolled in Ycar 10 and 11 Students enroHed in Year 12 Base Honrlv Rate $5.30 56.30 Loaded Hourly Rate 56.30 $7.50 A student i:; deemed to he in Year I 0. Year 11, Year 12 from the l st of January of each year. -- 2 of 3 -- 162 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE (c) Future adjustments to Rates Future adjustments to the above rates shall be based on the following provisions of the Training Wage A ward _ state. Wages for Year I O and 1 1 students are calculated on the rate applicable to a trainee J ess than I year out of year 1 0. Wages for Year 1 2 students are calculated on the rate applicable to a trainee l ess than 1 year out of Year 1 1 . (d) Calculation of Base HourJy Rate: Step 1 : Divide weekly wage by 3 0.4. Step 2 : Round calculation to nearest ten ( 1 0) cents. Example: B as e hourly rate for student enrolled i n Year 1 0 or 1 1 $ 1 6 1 .00/30.4 Rounding = $5.296 = $5.30 B ase hourly rate for a student rate enrolled in Year 1 2 $ 1 9 3 .00/30.4 Rounding = $6.3487 = $6.30 15 October, 1999 Th! divisor of 3 0.4 is u sed in recognition that the full-time wage under the Traming Wage Award State has a notional discount of 20 10 for tramrng 1 e 7 .6 hours. This 1s factored out because school based trainees are not paid for off the job training. (e) Calculation of Loaded Hourly Rate: Step 1 : Add 1 9% to the base hourly rate. Step 2: Round calculation to nearest ten ( 1 0) cents. Example· Loaded hourly rate for student enrolled in Year l 0 or 1 1 $5.30 + 1 9 % Rounding : $6. 3 07 = $6.30 Base hourly rate for a student rate enrolled in Ye;ir 1 2 $6.30 + 1 9 % Rounding $7.497 = $7.50 Note: The 1 9% loading is used rn recognition that school ha�ed trainees have no entitlemt,nt to annual l eave, sick leave or public holidays (where the train e e is not required to work on such days) 7. EX ISTING EMPLOYEES (a) Genera) Where a person was employed by the employer in a rdevant industry classification as compared to the traineeship wlling immediately prior to beconung a trarnee with that employer, such person shall not suffer a reduct10n in their hourly rat,c; of pay hy virtue of becommg a trainee: Provided that an employee who wa: casually engaged prior to becoming permanently e mployed either as a full-time or part-time tramee shall not be entitled to casual l oadrng. 1 h" rate of pay applicable for all off job and on J ob training for such train.:es shall be the hourly rate th<ey received for th" classificatwn of work m whi ch they were previously engaged or tl1" rate prescribed for the re!ennt level of the traineeshipwhichever 1s greater. (b) Probationary Period An existing employee who becomes a trainee shall not be subject to any probationary p eriod. (c) On_ complet10n or cancellation of the traineeship, where the trainee had employment with the employer immediately prior to commencing the trameeship, the tramee shall revert to employment at least e qual in status to the position the tramee held prior to commencement of the trameesh1p. (d) An existing employee who enters a training agreement shall maintain continuity of employment. 8. NEW ADCL T EMPLOYEES \:,1��ae an ad�lt person h e�omes a train�e, and the} were not employ,�d h y the employer munediatel y prior to becoming a trainee. they shall receive no k: · than S28L.00 pa week as a full-!Imc lramec: ,x if engaged as a part-tmic tramee the y w!ll be paid on a pro rata basis commensurate with the number of hours, worked, or the rate prescribed for the relevant l evd of the trarneeship, whichever 1s the greater. Such rate shall be varied rn accordance with Safety '.'.et Adjustments/General Rulings as declared from time to time by the Queensland Industrial Relations Commi ssion. 9. RECOGNITIOi'I OF PRIOR LEARNIN G The employer will ensure: tl1at trainees have access t o mechamsms for the Recognition o f Prior L earning. 1 0. ASSESSMENT AND REVIEW Any dispute or grievance arising_ from difficulties i n transLltion. t,,e t · hr h h I I , · · .ssmen , progression t oug t ..: eve: s or the achievement of competenc:e shall be 15 October, 1999 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 1 63 addressed through the policy of the State Training Council in conj unction with the Community S ervices and Health Industry Training Council Inc. and the processes of the Act. 1 1 - DISPUTE RESOLUTION PROCEDURES (a) Any dispute or grievance arising from difficulties in translation, assessment, progression, or the achievement of competence shall be addressed throu gh the policy of the State Training Council and the processes of the Act. (b) Notwithslanding the above, any further dispute and/or grievance shall b e managed through the processes of the A ward. 12. COMPLETION OF SECONDARY SCHOOLII\'G When a student ceases to b e emolled i n a school institution offeri ng secondary courses and the student has not completed the outcomes of an traineeship they shall continu e as an trainee in accordance with the Training Agreement and the relevant parent industrial instrument on either a full-time or part�time basis. and shall receive all entitlements normally afforded to an trainee with the employer. The obJ ect1ve of the Tramrng Agreement 1s to support trammg to completion of the appropriate qualification. t 3. TRANSPORTATION ARRANG EMENTS (a) Where a school based trainee is required to travel to work or a training provider (where the training provider is not the school at which the trainee is enrolled as a student) directly from home, or from work or a training provider to home, it shall be the responsibility of the trainee (and if applicable the parent/guardian) to ensure appropriate transportation arrangements. (b) "Where a school based trainee i s required to travel from school to work or a training provider (where the training provider is a not the school at which the trainee is enrolled as a student), the school and tramee (and if applicab l e the parent/guardian) shall agree on appropriate transportation arrangements. 14. PROTECTIVE CLOTHING OR UNI.FORMS Where a school based trarnee is required to wear protective clothing or uniforms, the employer shall provid e or reimburse the trainee for the relevant protective clothing or uniform in accordance with the provisions of the Workplace Health and Safety Act 1 996 and the Award which underpins the traineeship. 15. SUPERANNUATION In add1t10n to the rates of pay prescnbed by this Order, ehgible school based trainees shall he entitled to Occupational Superannuation benefits in accordance with the Superannuation Guarantee Charge Act 1 992, any other relevant l eg islation or their applicable award. Hi. INDUSTRI AL RELATIONS The employer shall makc a vailabk for inspection, time and wages records of trainees in accordance with the relevant legislation. The employer shall make available time during any induction process for authorised representatives to address trainees. Up.m requests, the employer may allow authorised representati ves to address trainees during working time on matters associated with terms and condit10ns of employment, provided that such discussions do not unreasonahly disrupt the work process. Where trainees consent, the employer may administer payroll d eductions of union foes. 17. SPECI AL ARRANGEMENTS The wag" anangements contained in this Order are minimum rates and may be supplemented by Enterprise Bargaining or other similar rnitiatives. 18. DATE OF OPERATION This Order shall operate from 9 April 1 999. The parties affected by the operation of thi s Order reserve the right to review the arrangements no later than 30 June 200 1 . Dated this ninth day of April 1 999. By the Commission. !LS .] E. EWALD, Industrial Registrar. Released: 4 October 1 999 Operative Date: 9 April 1 999 Order - Traineeship Arrangements Community and Home Care Community Industry -- 3 of 3 --