WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Western Australian Builders’ Labourers, Painters and Plasterers Union of Workers and Mungullah Community Aboriginal Corporation. No. AG 170 of 1999. Construction Worker Level 2 (General Construction) Mungullah Community Aboriginal Corporation Traineeship Agreement 1999. COMMISSIONER P E SCOTT. 16 November 1999. Order. HAVING heard Ms L Dowden on behalf of the Applicant and there being no appearance on behalf of the Respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders— THAT the Construction Worker Level 2 (General Con- struction) Mungullah Community Aboriginal Corporation Traineeship Agreement 1999 in the terms of the follow- ing schedule be registered on the 5th day of November 1999. (Sgd.) P.E. SCOTT, [L.S.] Commissioner. Schedule. 1.—TITLE This Agreement shall be known as the Construction Worker Level 2 (General Construction) Mungullah Community Abo- riginal Corporation Traineeship Agreement 1999. 2.—ARRANGEMENT This Agreement shall be arranged as follows— 1. Title 2. Arrangement 3. Parties Bound 4. Application 5. Objectives 6. Definitions 7. Duration 8. Single Enterprise 9. Relationship with Awards 10. Dispute Settlement Procedure 11. Training Conditions 12. Employment Conditions 13. Wages and Allowances 14. Clothing and Footwear 15. Special Arrangements APPENDIX A —Signatories APPENDIX B—Training Framework 3.—PARTIES BOUND This Agreement shall be binding on— (a) The Western Australian Builders’ Labourers, Paint- ers and Plasterers Union of Workers (the Union). (b) The Mungullah Community Aboriginal Corporation. (the Corporation) who is the signatory to this Agree- ment. (c) All employees who are members or eligible to be members of the Union. 4.—APPLICATION (a) Subject to subclause (b) this Agreement shall apply to persons— (i) who are undertaking a Construction Worker Level 2 (General Construction) Traineeship (as defined); and (ii) who are employed by the Corporation; and (iii) whose employment is, or otherwise would be, cov- ered by the Award. (b) There will be approximately 8 employees covered by this Agreement. (c) Notwithstanding the foregoing, this Agreement shall not apply to employees who were employed by the Corporation prior to the date of approval of a Traineeship scheme relevant to the Corporation, except where agreed between the Corpo- ration and the Union. (d) This Agreement does not apply to the Apprenticeship system. (e) Trainees under this Agreement will not undertake duties that have application to work ordinarily defined as work of a tradesperson or accredited apprentice. (f) At the conclusion of the Traineeship, this Agreement ceases to apply to the employment of the Trainee and the Award shall thereafter apply to the former trainee. (g) The sole provider of accredited training will be the Abo- riginal Housing Board. 5.—OBJECTIVES This Agreement is to assist in the establishment of a system of Traineeships which provides approved training in conjunc- tion with employment in order to enhance the skill levels and future employment prospects of the Trainees. The Traineeship is neither designed nor intended for those who are already trained and job ready. Existing employees shall not be dis- placed from employment by Trainees. The parties to the Agreement are committed to the creation of a healthy and safe working environment, to maximise effi- ciency and productivity, to work together in a spirit of co-operation and to reward employees fairly for their achieve- ments. 6.—DEFINITIONS “approved training” means training undertaken (both on and off the job) in a Traineeship and shall involve formal in- struction, both theoretical and practical, and supervised practice in accordance with a Traineeship scheme approved by the State Training Authority or NETTFORCE. The training will be ac- credited and lead to qualifications as set out in Clause 11.- Training Conditions (at (f)). “the Award” means the Building Trades (Construction) Award 1987, No. 14 of 1978 “Trainee” means an employee who is bound by the Traineeship Agreement made in accordance with this Agree- ment. “Traineeship” means the General Construction Traineeship which has been approved by the State Training Authority, or which has been approved on an interim basis by NETTFORCE, until final approval is granted by the State Training Authority. The core competencies to be attained by the Trainee are de- tailed in the attached Appendix B to this Agreement. “Traineeship Agreement” means an agreement made sub- ject to the terms of this Agreement between the Corporation and the Trainee for a Traineeship and which is registered with the State Training Authority, NETTFORCE, or under the pro- visions of the appropriate State legislation. A Traineeship Agreement shall be made in accordance with the relevant ap- proved Traineeship Scheme and shall not operate unless this condition is met. “Traineeship Scheme” means an approved Traineeship applicable to a group or class of employees identified in Clause 5.—Objectives or to the building construction industry or a sector of the industry or an enterprise. A Traineeship Scheme shall not be given approval unless consultation and negotia- tion with the Union upon the terms of the proposed Traineeship Scheme and Traineeship have occurred. An application for approval of a Traineeship Scheme shall identify the Union and demonstrate to the satisfaction of the approving authority that WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 79 W.A.I.G. 3594 the above-mentioned consultation and negotiation have oc- curred. A Traineeship Scheme shall include a standard format which may be used for a Traineeship Agreement. “Parties to the Traineeship Scheme” means the Union and the Corporation who have been involved in the consultation and negotiation required for the approval of the Traineeship Scheme. “NETTFORCE” means the National Employment and Training Task Force. “State Training Authority” means the Western Australian State Training Board. Reference in this Agreement to “the State Training Au- thority or NETTFORCE” shall be taken to be a reference to NETTFORCE in respect of a Traineeship that is the subject of an interim approval but not a final approval by the State Train- ing Authority. “National Training Wage Interim Award” means the Award made in the Australian Industrial Relations Commis- sion [Print No. L5189 of 1994]. “appropriate State legislation” means the State Employ- ment and Skills Development Authority Act 1990 or any successor legislation. 7.—DURATION This Agreement will commence from the date of signing and will expire 12 months from the date of registration unless otherwise agreed in writing between the parties prior to the expiration of the Agreement. 8.—SINGLE ENTERPRISE It is agreed that this Agreement applies in respect of a single enterprise as defined in Clause 41A(2) of the Western Austral- ian Industrial Relations Act 1979, as amended (the “Act”). 9.—RELATIONSHIP WITH AWARDS This Agreement shall be read wholly in conjunction with the Award. Where this Agreement is silent on rates of pay and other matters pertaining to the employment relationship, the Award shall apply. Where there is conflict between the rates of pay, conditions, allowances and other matters in the Agree- ment and the Award the Agreement shall apply. 10.—DISPUTE SETTLEMENT PROCEDURE The settlement of questions, disputes or difficulties arising out of the operation of this Agreement shall be the procedure outlined in the same terms of Clause 46 – Settlement of Dis- putes and Appendix – Resolution of Disputes Requirements of the Award. 11.—TRAINING CONDITIONS (a) The Trainee shall attend an approved Training course or training program prescribed in the Traineeship Agreement or as notified to the Trainee by the State Training Authority in accredited and relevant Traineeship Schemes; or NETTFORCE, if the Traineeship Scheme remains subject to interim approval. (b) Each Trainee will spend 240 hours (nominal) engaged in approved training. This will include the appropriate combina- tion of on-the-job and off-the-job training. (c) A Traineeship shall not commence until the relevant Traineeship Agreement, made in accordance with a Traineeship Scheme, has been signed by the Corporation and the Trainee and lodged for registration with the State Training Authority or NE TTFORCE, provided that if the Traineeship Agreement is not in a standard format a Traineeship shall not commence until the Traineeship Agreement has been registered with the State Training Authority or NETTFORCE. The Corporation shall ensure that the Trainee is permitted to attend the training course or program provided for in the Traineeship Agreement and shall ensure that the Trainee receives the appropriate on- the-job training. (d) The Corporation shall provide a level of supervision in accordance with the Traineeship Agreement during the Traineeship period. (e) The Corporation agrees that the overall training program will be monitored by officers of the State Training Authority or NETTFORCE and the Union and training records or work books may be utilised as part of this monitoring process. (f) Training shall be directed at the achievement of key com- petencies required for successful participation in the workplace (where these have not been achieved) (eg. literacy, numeracy, problem solving, team work, using technology), and as are proposed to be included in the Australian Vocational Certifi- cate Level 2 qualification. In addition, successful Trainees will be issued with certificates of attainment in the modules of the General Construction Traineeship upon the Trainees reaching that level of competency. (g) The Union shall be afforded reasonable access to Train- ees during normal work hours for the purpose of explaining the role and functions of the Union and enrolment of Trainees as members. 12.—EMPLOYMENT CONDITIONS (a) A Trainee shall be engaged as a full-time employee for a maximum of one year’s duration provided that a Trainee shall be subject to a satisfactory probation period of up to one month which may be reduced at the discretion of the Corporation. By agreement in writing, and with the consent of the State Train- ing Authority or NETTFORCE and the Union, the Corporation and the Trainee may vary the duration of the Traineeship and the extent of approved training provided that any agreement to vary is in accordance with the relevant Traineeship Scheme. (b) The Corporation shall not terminate the employment of a Trainee, except in cases of wilful misconduct, without firstly having provided proper written notice of termination to the Trainee concerned in accordance with the Traineeship Agree- ment and subsequently to the State Training Authority or NETTFORCE and the Union. The written notice to be pro- vided to the State Training Authority or NETTFORCE and the Union shall be provided at least 5 working days prior to the termination. (c) If the Corporation chooses not to continue the employ- ment of a Trainee upon the completion of the Traineeship they shall notify, in writing, the State Training Authority or NETTFORCE and the Union of their decision and their rea- sons for decision. Nothing shall prevent the Trainee or their Union from disputing this decision in a Court or tribunal. (d) The Trainee shall be permitted to be absent from work without loss of continuity of employment and/or wages to at- tend the training in accordance with the Traineeship Agreement. (e) Where the employment of a Trainee by the Corporation is continued after the completion of the Traineeship period, such Traineeship period shall be counted as service for the purposes of the Award or any other legislative entitlements. (f) (i) The Traineeship Agreement may restrict the circum- stances under which the Trainee may work overtime and shift work in order to ensure the training program is successfully completed. (ii) No Trainee shall work overtime or shiftwork on their own. (iii) No Trainee shall work shiftwork unless the parties to a Traineeship Scheme agree that such shift work makes satis- factory provision for approved training. Such training may be applied over a cycle in excess of a week, but must average over the relevant period no less than the amount of training required for non-shift work Trainees. (g) All other terms and conditions of the Award that are ap- plicable to the Trainee or would be applicable to the Trainee but for this Agreement shall apply unless specifically varied by this Agreement. (h) The right of entry provision contained in the Award shall apply to the parties bound by this Agreement. (i) The parties agree that Trainees are “workers” for the purposes of the Workers’ Compensation and Rehabilitation Act 1981. 13.—WAGES AND ALLOWANCES (a) Rates of pay for Trainees shall be as follows. $ Base Rate 413.00 per week Industry Allowance 17.40 per week Special Allowance 7.70 per week Total 438.10 Fares Allowance as per the award WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 3595 79 W.A.I.G. Redundancy Nil Follow the job loading Nil Superannuation As per Award Annual Leave As per Award Site/Other Allowances As per Award (i) Site/Other Allowances will be payable whilst Train- ees are engaged in on-site work including on-the-job training. (ii) These wage rates will only apply to Trainees while they are undertaking an approved Traineeship which includes approved training as defined in this Agree- ment. (iii) The wage rates prescribed by this clause do not ap- ply to complete trade level training which is covered by the Apprenticeship system. 14.—CLOTHING AND FOOTWEAR 1. The following items will be supplied to each Trainee by the Corporation within 5 days of commencement. (a) 1 pair safety boots, and will be replaced on a fair wear and tear basis. (b) 2 T-shirts with collars, and will be replaced on a fair wear and tear basis. (c) 1 bluey jacket for each Trainee (to be issued on or before 1 April). 2. The Corporation will also make available to each Trainee, when requested by them, sun screen lotion and sun brims to fit over safety helmets. 15.—SPECIAL ARRANGEMENTS (a) The wage rates contained in this Agreement are mini- mum rates and shall apply in accordance with the application of the National Training Wage Interim Award, where the ac- credited training and worked performed are for the purpose of generating skills which have been defined for work at skill level B of the National Training Wage Interim Award, pro- vided further however that the wage rates are struck at the same rate as those rates struck for workers currently engaged in the Traineeship (General Construction) that is to run con- currently with this Agreement. (b) The provisions of this Agreement shall not be reduced. (c) The provisions of this Agreement shall not cause a re- duction of entitlements to any employee. APPENDIX A—Signatories SIGNATORIES For and on behalf of the Corporation Common Seal Signed Chairperson 22/09/1999 Signed Vice Chairperson Signed For and on behalf of the Western Australian Builders’ Labourers, Painters and Plasterers Union of Workers For and on behalf of the Corporation Common Seal SECRETARY Signed 7/10/1999 APPENDIX B—TRAINING FRAMEWORK Course Outcomes The course aims to provide— * an accredited entry level training program for peo- ple wishing to pursue a career in the Building and Construction industry. * an accredited training program that incorporates the following Key Competencies at Performance Level 2—collecting, analysing and organising information; communicating ideas and information; planning and organising; working with others; using mathemati- cal ideas and techniques; solving problems; and using technology. * training and skill development in areas such as: com- munications, occupational health and safety, work organisation, plan reading and interpretation, the use of hand tools, plant and other equipment. Outline of Course The Traineeship program contains 4 compulsory modules and is designed to provide Trainees with basic industry knowl- edge and skills applicable to all four skill streams within the Building and Construction industry. The traineeship is com- pleted through a combination of off the job training and on the job training Module Code Module Title GC201 Concrete Site Operations GC202 Levelling GC203 Materials Handling and Transporting GC204 General Construction Coperations Duration: 240 Hours [nominal] On the Job training The Traineeship incorporates on and off the job delivery. It is envisaged that the off the job component will comprise the equivalent of one day per week of instruction over a twelve month period. During the remaining four days of the week the Trainee is expected to be engaged in productive work with his/her employer. Whilst at work, the Trainee should be pro- vided with opportunities to reinforce the skills and knowledge obtained in the off the job training period. It is expected that during the period at work the Trainee will complete an approved skills assessment undertaken by a reg- istered CTA Skills Assessor in each of the units of competency incorporated in the program. The records of these skills as- sessments will be forwarded to the Trainee, the training provider and the BCITC. Entry Requirements Trainees need to be able to read, comprehend and discuss printed information in English, write simple statements, rec- ognise numbers and perform basic numeric calculations. Recognition of Prior Learning Trainees are entitled to have their prior learning recognised. The program incorporates a recognition of prior learning pro- cedure that acknowledges the skills and knowledge that Trainees have obtained through— * formal training; * work experience; and * life experience. Delivery Modes The Traineeship is designed to be delivered to persons seek- ing employment in the building and construction industry. CSR BUILDING MATERIALS (WA) ENTERPRISE AGREEMENT 1999. No. AG 154 of 1999.