Bundaberg Area Community Apprenticeship and Training Scheme Ltd v The Federated Liquor and Allied Industries Employees Union of Australia, Queensland Branch Union of Employees [1991] QIRC 44 (1991) 136 QGIG 436

436 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [ 16 March, 1991 QUEET--iSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990 s. 10.4 - approval of industrial agreement Bundaberg Arca Community Apprenticeship and Training Scheme Ltd AND The Federated Liquor and Allied Industnes Employees Union of Australia, Queensland Branch Union of Employees AND The Federated Miscellaneous Workers Union of Australia, Queensland Branch, Union of Employees (No. T-4.2 of 1991) CAFE, RESTAURANT AND CATERI:'IIG AWARD - SOUTH-EASTERN DIVISION Bundaberg Arca Community Apprenticeship and Training Scheme Ltd - Hospitality Traineeship~ Under the Australian Traineeship System INDUSTRIAL AGREEMENT COMMISSIONER flSHER 28 February 199 I THIS AGREEMENT, made in pursuance of the lndustrial Rela- tions Act 1990, this first day of January, 1991, between Bundaberg Area Community Apprenticeship and Training Scheme Ltd (here- inafkr refem:d to as the Employer) and The Federated Liquor and Allied Industries Employees Umon of Australia, Queensland Branch Union of Employees and The Federated Miscellaneous Workers Union of Australia, Queensland Branch, Union of Employees (hereinafter referred to as the Union) witnesseth that it is hereby mutually agreed as follows:- 1. Application and Objectives (i) This Agreement is made by the parties with the object of establishing the form and substance of the conditions of employ- ment, including rates of pay, to be applicable to Hospitality Trainees in Queensland employed by the Employer under the Australian Trainecship S) stem. (ii) This Industrial Agreement shall have application only to the employment of Hospitality Trainees under the Australian Train- eeship System by the Employer. provided that before this Agree- ment shall have effect on the employment ofa Trainee, the Trainee must be registered as a Trainee under the provisions of the Employment Vocational Education and Trammg Act 1988. /iii) Ai1 objective of the Australian Traineeship System is to provide additional employment and training opportunities for young peo- ple. Where possible, Traineeship positions shall be additional to normal staff numbers, provided that no existing full-time employee shall be displaced by the employment of a Trainee. (1v) This Industrial Agreement represents a compromise on the part of all parties and will not be used as a precedent in proceedings before industnal tribunals. 2. Definitions (i) A Traineeship means a system of training under the Australian Traineeship System comprising structured on-the-job training with an Employer and ofl~the-job traimng in a Technical and Further Education College or other training provider approved by the Training Executive. (ii) A Training Agreement means an Agreement for training exe- cuted pursuant to the provisions of the Employment Vocational Fducatiun and Training Arl 1988, (iii) A Trainee means an employee employed under the Australian Traineeship System and registered as a Trainee pursuant to the provision~ of the F:mploymem Vocational Education and Training Act 1988. (iv) The Gnion shall mean The Federated \1iscellaneous Workers Union of Australia, Queensland Branch, Union of Employees, and The Federated Liquor and Allied Industries Employees Union of Australia, Queensland Branch Cnion of Employees. 3. Training Conditions (i) The duration of the training program will be as specified by the Training Agreement. (ii) A Trainee will receive on-the-job training by the Employer as specified in the training p!Jn and ''off-the-job'' train.ir.g will be provided through Technical and Further Education CoHeges or other institutions approved by the Training Executive. Time spent "off-the-job" on training shall be allowed w;thout los, of continuity of employment. (iii} The overall training program will be monitored by Officers of the Bureau of Employment. Vocational and Further Education and Training, Department of Employment, Vocational I::ducatwn, Training and Industrial Relations and Training Record Books may be utilised as part of this monitoring proLess. (iv) Trainees shall be full-time employees and shall work their ordinary hours in accordance with a roster which sets out th starting and ceasing times. Such roster shall be advised to tht Trainee at kast seven days prior to its coming into operation. (v) Overtime and shiftwork shall not be worked by Trainees except to enable the requirements of the Training Plan 10 be effected. Under no circumstances, shall a Trainee be rcquirt'd to work more than eight hours overtime per week. When overtime and/or shift work are worked, the relevant allowances and penalties prescriheL by the Award applicable to the establishment where the Trainee is workmg at the time, based on the Trainee rate of pay sh:ill apply. No Trainee shall work ove,time or shiftwork without the appropriate supervision: Provided that where a Trainee is required to work shiftwork, including broken shifts, the Secretary of the Union shall be notified in writing. Such notification shall include details of the Training Plan requirements, ordinary starting and ceasing times and length of shifts and the duration of the arrangement When Trainees are required to finish work when the normal means of public transport are not available tbe Employer shall provide transport home for the Traine,e free of charge. (vi) The Employer shall at all times ensure that a reasonable lev, of supervision of the Trainee by suitably qualified staff is pro video to ensure the objectiws of the Training Plan are achieved. (vii) The Employer undertakes to assist Trainees who successfull, complete the Traineeship to be placed in full-time employment in the industry. (viii) The prov1s10m of the relevant Workers' Compensation ano Workplace Health and Safety Legislation shall apply to Trainees. (ix) The Union shall have acces~ to Trainees m accordance with section 15.10 of the Industrial Relations Act 1990, for the purpose of explaining the role and functions of the Union. (x) Tramees shall be exempt from action with respect to industrial disputes. (xi) If the Employer fails to observe tllis Industrial Agreement it may not be eligible to employ further Trainees. (xii) Trainees shall be entitled to Annual Leave, Bereavement Leave and Sick Leave. in accordance with the provisions of the Cafe, Restaurant and Catering Award - South-Eastern D1,·ision. Payment for this leave shall be calculated on the Trainee rate of pay prescribed by clause 4 herein. (xiii) All other terms and conditions of the Award applicable to the establishment where the Trainee is working at the time, shall apply unless specifically varied by this Agreement. Payment for any entitlements under this subclause, shall be calculated on the Trainee rate of pay prescribed by clause 4 herein. 4, Wages (i) For the purpose of achievmg stability of income for the Trainee over the Traineeship period, the wage rate for the Tramee shall be calculated on the following basis:- 16 March, 1991] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE Under 18 years of age 18 and under 19 years 19 and under 20 years 20 years and over 65% x R x 39/52 75% x Rx 39/52 85% x R x 39/52 !00% x R x 39/52 Where "R" equals the averaged wage rate (rounded off to the nearest JO cents) prc~cribed by dause 22(1) of the C.afe. Restaurant and Catering Award - South-Eastern Division for the following classes of work:- Bar Attendant/Drink Waiter/Drink Waitress Waiter/Waitress/Receptionist/Cashier Kitchenman/Kitchen maid and 39 represents the actual weeks spent on-the-job during a twelve ( 12) month period of the traineeship. (ii) For any period of time that a Trainee is working in the establishment of an Employer who is respondent to the federal Hotels Resorts and Hospitality Industry Award 1988, the Trainee shall be entitled to the Wages and Conditions prescribed by clause 52, Traineeships (A TS), of that Award, (iii) The weekly wage rate pavable to a Trainee shall not be less 1than the minimum weekly rate prescribed by the Australian Train- ~cship System Administrative Guidelines. 5, Terms of Agreement This Agreement shali take effect and have the force of law as from the first day of January, 1991, and shall remain in force for a period of twelve months from the date hereof Signed for and on behalf of the Bundaberg Area Community Apprenticeship and Training Scheme Ltd. l PHILLIP JOHN AINSWORTH In the presence of - T.N, QUINN Signed for and on behalf of The lFederated Liquor and Allied Industries Employees Union of S.A. MELLOR Australia, Queensland Branch Union of Employees. In the presence of - C.J. BARRETT. JP, Signed for and on behalf of The Federated Miscellaneous Workers 11 nion of Australia, Queensland Branch, Union of Employees. l W.G, ARDILL ln !he presence of - N. REES, J.P. Pursuant to the lndusmal Relations Ace 1990, the provisions of this Industrial Agreement are approved, G,K. FISHER, Commissioner. 28 February 199 l. THIS Industrial Agreement was filed in my office on the twentieth day of February. 1991, was approved by the Commission and was registered No. TA2 of l 9lJ 1, in the Register of Industnal Agreement5 kept by me. Dated this twenty-eighth day of February, 1991. M.J, CALLEN, Industrial Registrar. Operative Date: l January 1ll91 Industrial Agreement - Bundaberg Area Commumty Apprentice- ship and Training Scheme Ltd 437 -- 1 of 1 --