Automotive, Metals, Engineering. Printing and Kindred Industries Industrial Union of Employees, Queensland v Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers and Others [1998] QIRC 353 (1998) 159 QGIG 60

60 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [I 1 September, 1998 QUEENSLANDJNDUSTRIALRELATIONS COMM ISSION WORKPLACE RELATIONS ACT 1997 Vocatiorial Educarion, Training and Employment .4ct 1991 s. 89 - applicai.ion for order Automotive, Metals, Eng10cering. Printing and Kindred Industries Industrial Union of Employees, Queensland A NO Queensland Chamber of Commerce and Industry Limited, lndus1rial Organisation of Employers and Others (No. 81849 of 1997) SUPPLY OF TOOLS TO APPRENTICES COYIMISSIONERS EDWARDS. BLOOMFIELD A.1.'1D BALDWJN 19 June 1998 ORDER TJ-IIS matter co.ming o n for hearing before the Commission at Brisbane on 4 March, 20 April and 12 June I 998, this Commission doth Order, purs uan t 10 s. 89 of the Vocational Education, Training and Employment Act 1991 , tha\ the O rder for Suppl y of Tools to Apprentices published at (1984) 115 QGIG 834 , as amended, be rescinded and a n ew order be issued as follows a~ from the first day September 199 8:- 1. During the term of each apprenticeship relating to a trade or call ing listed herein. an employer shall, in respect of each year of such t enn commencing on or after the date of operation of this Order or a.iiy variation thereof supply each apprentice with tools of trade of no less value at re1ail prices than is prescribed herein:- 11 September, 1998) QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 61 Group 1 Apprenriceslzip Cal/mg Airciaft Maintenance Engineer - Avionics Aircraft Maintenance Engineer - Mechanical A ircraft \1echanics Aircraft Mechanic - Strucmres Bed and Mauress Making Bindjng and Finishing Boat Building To1al Retail Value of Tools s 1,800.00 1,800.00 1,800. 00 1, 80 0 .00 78 .00 An nual Retail Nominal Value T erm of of Tools Awenticeship s 4 50.00 4 5 0.00 450.00 4 50.00 1 9.50 4 4 4 4 4 4 4 BOO( and Shoe Repairing All necessary tools to be supplied by employer 4 4 Bread Baking Bread Baking/ Pastrycooking Bricklaying Bu1ch cring Cabinetmaking C'.,arpentry Carpentry (Formwork) Catering Chair and Couch Making Construction - Civil Operations (Plan<) Cooking 880.00 240 . 00 1,200.00 2,400 .00 2,400.00 220.00 60.00 300.00 600.00 600.00 Coopering All necessary tools 10 be supplied by employer Dental Techmetan Electricity Supply Tradesperson Engineering Tradesperson (Electrical) Engineering Tradesperson (Electronics) Engineering Tradesperson <Fabrication) Engineering Tradesperson (Mechanical) Engineering Tradesperson (Vehicle Building) Farriery 1,800.00 450.00 1,800 .00 45000 1,350.00 337.50 1,350.00 337 .50 1,800.00 4 50 .00 1,620.00 405.00 855 .00 213.75 4 4 4 4 4 4 4 4 3 4 4 2 4 4 4 4 4 4 4 A.pp renti.ceship Calling Floor Finishing and Covering Glass and Glazing Graphic Pre-press Greenk.eeping Total Retail Value of Tools s 240 .00 200.00 Annual Retail Nominal Value Tenn of of Tools Apprenticeship s 60 .00 4 50.00 Hairdress ing (Gentleme n) 40.00 1 0.00 10.00 4 4 4 4 4 Hair dress ing (Ladies) Higher Engi neering Tradesperson Jewellery Jockey (applies 10 Racing Industry o nl y) Joinery Joinery Machinery Leadligh1 Working Musical Instrument (funing and Repairing) Optical Mechanics 40.00 2,250 .00 2,4 00.00 200.00 200.00 45 0.00 600.00 50.00 50.00 680.00 80 .00/lst yr 160.00/Znd yr 200.00/3 rd yr 240 .00/4th yr Pain1ing and De-.-oraiing 200.00 50.00 Pastrycooking Patisserie Picture Framing Plastering (Fibrous) Pla~teri ng (Solid) 1,040.00 1,040.00 Plumbing and Draining 2,400.00 260.00 260.00 600.00 Polishing Pottery Printing Machining Riding Saddle Maki ng Sail making Saw Doctoring Screen Printing - Stencil Preparation Shopfitting Signwriting Signwriting (Sil k Screen Process) Soft Furnishing All necessary tools to be supplied by employer 400 .00 100.00 5 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 27274 _1.D OC -- 1 of 2 -- 62 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETIB [l l September, l 998 Apprenticeship Calling Sprinkler Pipe Fitting Stonemasonry Tiling (Roof) Tiling (Wal l and Floor) Upholstering Watchmakjng and Clockrnaking Wood Machining Group 2 Total Retail Value of Tools $ 780.00 1,04 0.00 420.00 1,200.00 Annual Retail Value of Tools $ 260.00 260.00 105.00 300.00 Nominal Term of Appre.nticesbip 4 4 4 4 4 4 Group 2 to be phased out according to dates shown in the Notification under the. Vocalional Education, Training and Employment Ac1 ]991 pu6 lished m 158 QGIG 516-524. Annual Nominal Apprenriceship Calling Total Retail Value of Tools Retail Value Tenn of Phase-Qui o fTools Apprenticeship Date $ $ Bespoke Boot.making AU necessary tools to be supplied by employer Butchering/Slaughtering Carpentry and Joinery Composing Confectionery Engineering Tradesperson (Maintenance - Q 2,400.00 Rail Pilot) 2,250.00 French Polishing Glass C utting and Silvering Glazing Graphic Reproduction lnslTUmentation/ Electrical AV C Musical Instrument Tuning and Repainng Class A Musical Instrumeru 1\ming and Repairing C lass B Opti cal Instrument Making and Rcpairi ng Picrure Frame Making Plastering (Wall and Ceiling) Plumb,ng (Railways) Resilient Floor Layer Sewing Machine Mecll.anics 2.250.00 100.00 440 .00 1,800.00 1,040.00 J.800.00 600.00 450.00 450 .00 25.00 450.00 260.00 450.00 Shipwright.ing All nece-ssarv tools to be supplied,by employer Slaughtenng 4 25/11/1999 4 13/12/2001 4 4/5!2002 4 29/9/2001 4 30/1 0/1999 5 2412/2001 4 2/1 0/2000 4 26/8/1999 4 4/4/2002 4 1/2/.200 1 5 212/2002 4 9/11/2000 4 28f2/2002 4 29/6/1998 4 JO/J/2002 78wks JS/412002 4 J2/l2/1998 4 21/9/2000 4 30/8/2001 4 3/?J200! 4 ln/1999 Apprenriceship Calling Watchmaking Wicker Working Wood Mach ining (Sawmilling) (applies to the timber ind\lslry only) Wood Turning Group 3 * Total Retail Value ofTools $ 420.00 Annual Nominal Retail Value Term of Phase-OUt ofTools Apprenticeship Date s 105.00 4 21/3/2002 4 1712/2()()0 4 6nI999 4 9/9/1999 Appremiceship Calling Annualr&il value of tools 1/9/)998 Annual retail Annual retail Nominal /a11d Qualification/ Engineering Trades, 215 .00 person (Vehicle Building) [Cert Ill in Automotive Engineering {Autobody Refinishing)) Engineering Trades- person (Vehicle Building) 215.00 (Cert ill in E ngineering Automotive (!'rimming)] Engineering Trades- person (Electrical) 340.00 (Cert ill in Engineering (Electrical - Automoti ve Mechanics) J Engrneering Trades- person (Mechanical) 340.00 (Cert fJJ in Engineering (Mechanical - Too]maki.ng)] Engineering Trades- person (Fabrication} 21 ' .00 (Cert ill m Engineering {Fabrication - Moulding)) {Qld Rail only) va lue. of tools value of tools Term of 1/9/1999 1/9/2000 Apprenticeship and th ere afte r• s s 310.00 405.00 4 3 10.00 405.00 4 395.00 450.00 4 395.00 450.00 4 275.00 337.50 4 .,After I September 2000 apprentices are LO be classified in the appropriate calling in Group J. 2. Where pursuant to sections 73(3) and 73(4) of the Vo cational Education, Training and Employment Act 1991 the term of an indentUre is reduced below the terrn referred to in clause I hereof for the relevant trade or callmg _the annual retail value of tools to be supplied is to be increased proportionately so that the total retail value of tools of trade equjvalent to the term r eferred to m clause l above is supplied during that lesser term of apprentJceship. 3. Subject to clause 5 tools of trade prescribed herein shal l be provided as follows:- (a) During lhe first year of an apprenticeship, tools to the prescribed annual retail value (or the in~-reased value pursuant to clause 2 hereoO _shall be supplied within a period of three (3) months aft.er the expiry of the prob ationary period or within a period of six ( 6) months from the date of commencement of the employment whichever first occurs; (b) During . the second and subsequent years (or pa.rt of a year) of ~pprenucesh1p tools 10 the prescribed annual retail value (or the ina:eased value pursuant 10 clause 2 hereoO shall be supplied within a penod of three months from the commencement date of each such year ( or part of a year) of the indentured apprenticeship. . 4. In !ieu of the aforesaid requirements of clause 3. an Employer may, wtthm a penod of three months following the date of signing of the indenture supply to an apprentice during the firSt year of the apprenticeship tools of trade to a value equivalent to that prescribed by this Order for the full term of 11 September, 1998] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 63 the apprenuceship. Such supply of tools made on or after the commencement date of this Order will satisfy in full t he requirements thereof: Provided that where prior to the dale of operation of this Order an apprentice has been supplied with tools of traoo to the value equivalent to that prescribed by a relevant Regulation for the full term of the apprenticeship the apprentice shal l in respect to ea ch year of such apprenticeship commencing on or after the date of this Order be supplied with tools to the additional value resulting from ascertai ning the difference !)elweell the annual value prescribed by this Order and the imputed annual retail value at the time of original supply. 5. Where an apprentice has entered a Competency Based Training Agreement, the provision of tools in accordance with this Order will be on the foUowing basis:- (a) Dunng the term of apprenticeship, an employer shall, in respect of each level of the apprenticeshlp program, supply the apprentice with tools of trade, equivalent to the annual retail value of t00ls prescribed for the trade in clause l of this Order. (b) The supply of t ools of trade for each level of the program shall be linked to the successful achievemem of competencies or, where appropriate, the demonstration of a pproved leve ls of progression towards the achievement of competencies as prescribed by the relevant National Training Package or in the relevant Award. (c) Supply of tools will occur no later than three (3) months after the expiry of the probationary period or within a period of six (6) months from the date of commencement of the employment, whichever firSt occurs, and no later than three (3) months into ~-ubsequent levels of the apprenticeship. (d) Apprentices employed under part-time or school based arrangements sh all be entitled to a supply of tools consistent with the requirements as outlined in 5(a), 5(b) and 5(c) above. This Order takes cognisance of rile Stale Training Council decision of 9 April 1998 lh.at the probationary period for a school based apprentice will expire after 90 calendar days and that the probationary period for a part-time apprentice will expire after 90 calendar days or 456 hours of workplace employment whichever is the longer period. 6. Except as otherwise provided herein, all 1001s of trade issued to an apprentice by an Employer in terms of this Order shall become and remain the property of the apprentice and are to be available and used in performing IIade work as required by the Employer: Provided that - (a) Should an apprentice on probation who has been supplied with tools of trade pursuant to lhis Order not proceed to an indent ured apprenticeship such tools shall revert to the Employer, or alreruatively, the value of such tools (calculated at the actual supplied cost) shall be refunded by the apprentice to the Employer on demand. (b) Should an apprentice who has been supplied with the total requirements of tools pursuant to clause 4 hereof not complete the apprenticeship term with that Emp loyer then, in respect of any u ncompleted portion of the apprenticeship term, the pro rata value of tools supplied (calculated at the actual supplied cost) shall be refunded by the apprentice to th.e Employer on demand. 7. Where an apprentice is r e-indentured after having their indenture cancelled the provisions of this Order shall apply with equal effeCL to the appre1Jtice's new !Smployer in relation to the residual term of appre nticeship but so that the collective obligations of t he several employers does not exceed the requirements of this Order when applied to one and 1he same Employer. &. Each Employer shall k eep accurate records of the dates upon which requisite tools of trade have been supplied, toget her with deta.i.ls of the description, type, retail value and actual supplied cost of such tools of trade. 9. Except as otherwise provided for in clause 4 this Order shall take effect from I September 1998. Dated this nineteenth day of June, 1998. By the Commission, [L.S.] E. EWALD, Industrial Registrar. Operative Date: I September 1998 Order-Supply of Tools to Apprentices Released: 31 AuguSt 1998 #################################IHI### #################### -- 2 of 2 --