WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The Western Australian Builders’ Labourers, Painters and Plasterers Union of Workers and Cullacarbardee Aboriginal Corporation. No. AG 143 of 1997. Construction Worker Level (Structures) Cullacarbardee Aboriginal Corporation Traineeship Agreement 1997. COMMISSIONER P. E. SCOTT. 21 August 1997. Order. HAVING heard Mr G Giffard on behalf of the Applicant and Mr S Shacklock 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 (Structures) Cullacarbardee Aboriginal Corporation Traineeship Agreement 1997 in the terms of the following schedule be registered on the 30th day of July 1997, and shall op- erate on and from 21st day of July 1997 (Sgd.) P. E. SCOTT, [L.S.] Commissioner. Schedule. 1.—TITLE This Agreement shall be known as the Construction Worker Level (Structures) Cullacarbardee Aboriginal Corporation Traineeship Agreement 1997. 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 Cullacarbardee Aboriginal Corporation Inc. (the Company) who is the signatory to this Agreement. (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 Traineeship (as defined); and (ii) who are employed by the Company; and (iii) whose employment is, or otherwise would be, cov- ered by the Award. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 77 W.A.I.G. 2238 (b) There will be approximately 7 employees covered by this Agreement. (c) Notwithstanding the foregoing, this Agreement shall not apply to employees who were employed by the Company prior to the date of approval of a Traineeship scheme relevant to the Company, except where agreed between the Company 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 Homeswest. 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 subclause 8.- 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 Structures 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 detailed in the attached Appendix B to this Agreement. “Traineeship Agreement” means an agreement made sub- ject to the terms of this Agreement between the Company and the Trainee for a Traineeship and which is registered with the State Training Authority, NETTFORCE, or under the provi- sions 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 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 Company 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 expire after 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 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 400 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 Company and the Trainee and lodged for registration with the State Training Authority or NETTFORCE, 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 Company 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 Company shall provide a level of supervision in ac- cordance with the Traineeship Agreement during the Traineeship period. (e) The Company 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 1 qualification. In addition, successful Trainees will be issued with certificates of attainment in the modules of the Structures 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 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2239 77 W.A.I.G. 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 Company. By agreement in writing, and with the consent of the State Train- ing Authority or NETTFORCE and the Union, the Company 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 Company 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 Company chooses not to continue the employment 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 reasons for decision. Nothing shall prevent the Trainee or their Union from disput- ing 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 Company 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 pro- gram 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 satisfactory 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 pur- poses of the Workers’ Compensation and Rehabilitation Act 1981. 13.—WAGES AND ALLOWANCES (a) Rates of pay for Trainees shall be as follows. $ Weekly Rate 410.60 (Comprising Base Rate, Industry Allowance, Special Allowance and Fares Allowance) Redundancy Nil Follow the job loading Nil Superannuation As per Award Annual Leave As per Award Site/Other Allowances As per relevant Site Agreement (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 Company 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 Company 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. (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 Company ......(signed)..................... 9/7/1997 COMMON SEAL Chairperson For and on behalf of the Western Australian Builders’ La- bourers, Painters and Plasterers Union of Workers SECRETARY (signed) 9/7/1997 COMMON SEAL 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 1—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 16 compulsory modules. The module titled, Trainee Induction STR/FOF001, is a pre- requisite for all other modules in the program. There are no other prerequisites and therefore there is no prescribed sequence for the delivery of the modules in the program. Module Code Module Title STR/001 Trainee Induction STR/002 Occupational Health and Safety STR/003 Industry Calculations STR/004 Plan Reading and Interpretation STR/005 Workplace Communication STR/006 Quality Concepts STR/007 Work Organisation STR/008 Construction Process STR/009 Materials Handling and Storage STR/010 Basic Concrete STR/011 Plant and Equipment STR/012 Hand Tools, Power Tools and Accessories WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 77 W.A.I.G. 2240 Module Code Module Title STR/013 Manual and Mechanical Excavation STR/014 Demolition STR/015 Scaffolding STR/016 Oxy Acetylene Cutting Duration: 400 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. CONSTRUCTION WORKERS LEVEL 2 (GENERAL CONSTRUCTION) SWAN VALLEY NYUNGAH COMMUNITY TRAINEESHIP AGREEMENT 1997. No. AG 144 of 1997.