5
PVS/AUTO SERVICES/JOBSKILLS AGREEMENT’
AWARD NO. AG 283 OF 1995
1. - TITLE
This Agreement shall be known as the ‘PVS/AUTO SERVICES/JOBSKILLS Agreement’.
2. - ARRANGEMENT
1. Title
2. Arrangement
3. Object
4. Area and Scope
5. Definitions
6. Terms of Agreement
7. JOBSKILLS Trainee
8. Reservation
9. Signatures Clause
10. Parties
3. - OBJECT
The object of this Agreement is to provide the form and substance of the conditions of employment, including rates of pay, applicable to adult trainees employed by (see Clause 9. - Signatures Clause) in Western Australia facilitated through PVS under the Commonwealth Government JOBSKILLS program and who but for this Agreement would be covered by the Metal Trades (General) Award 1966 No. 13 of 1965.
4. - AREA AND SCOPE
This Agreement applies to employees engaged under the JOBSKILLS program by (see Clause 9. - Signatures Clause) through PVS in the State of Western Australia. In so far as the terms of this Agreement vary from the terms of the Award this Agreement shall prevail. In all other respects the terms of the Award shall continue to operate.
5. - DEFINITIONS
(1) “PVS” shall mean “Professional Vocational Services” of 17 Southport Street, Leederville WA 6007.
(2) “The Company” shall mean any of the employers named in Clause 9. - Signatures Clause.
(3) “PVS AUTO SERVICES/”JOBSKILLS Program” shall mean the trial of the Commonwealth Government’s JOBSKILLS program in the Auto Services industry. The objective of JOBSKILLS is to improve the long term employment prospects of people who have been unemployed for 12 months or more by equipping them with new skills, work experience and training.
(4) “JOBSKILLS trainee” is an employee who is employed under the conditions applying in the Commonwealth Government JOBSKILLS program guidelines.
(5) “The Union” means the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers - Western Australian Branch.
(6) “The Award” shall mean The Metal Trades (General) Award 1966 No. 13 of 1965.
6. - TERMS OF AGREEMENT
(1) The Agreement shall operate from 1995 for a period of 18 months.
(2) The Agreement may be extended by agreement in writing between the parties for up to two further periods of six months.
(3) If not renewed, or after having been renewed twice, the Agreement shall cease.
(4) This Agreement shall not be used in the arbitration of any other matter and shall not be seen as a precedent for any other matter.
7. - JOBSKILLS TRAINEE
(1) Training Conditions
(a) A JOBSKILLS trainee shall attend approved on and off-the-job training prescribed in the relevant training agreement, or as notified to the JOBSKILLS trainee by the employer or agent.
(b) JOBSKILLS trainees will receive over a period of up to 26 weeks a mix of supervised work experience, structured training on-the-job and off-the-job and the opportunity to practice new skills in a work environment.
(c) JOBSKILLS trainees may only be engaged by employers to undertake activities under the JOBSKILLS program guidelines. The employer shall ensure that the JOBSKILLS trainee is permitted to attend the prescribed off-the-job training and is providing appropriate on-the-job training.
(d) The employer shall provide an appropriate level of supervision in accordance with the approved training plan.
(2) Employment Conditions
(a) (i) JOBSKILLS trainees shall be engaged in addition to existing staff levels.
(ii) No existing casual or part-time employee shall have hours reduced by the employment of a JOBSKILLS trainee.
(iii) JOBSKILLS trainees shall not fill permanent positions with any establishment.
(b) JOBSKILLS trainees shall be engaged for a period of 26 weeks as full time employees.
(c) JOBSKILLS trainees shall be permitted to be absent without loss of continuity of employment to attend the off-the-job training in accordance with the training plan. However, except for absences provided under the Award, failure to attend for work or training without an acceptable cause will result in loss of pay for the period of absence.
(d) JOBSKILLS participants are to work only during the hours of 7.00am - 6.00pm Monday to Friday inclusive
(e) The Union shall approve the involvement of all participating employers, and corresponding duty statements prior to commencement of the placement.
(f) The Union shall be afforded reasonable access to JOBSKILLS trainees for the purposes of explaining the role and functions of the Union and enrolment of the trainee as a member during the induction phase of each intake.
(g) The Union shall be allowed contract by participating employers between its officials and participants in the JOBSKILLS programme.
(h) The Union may rescind approval for any participating employer where:
(i) Labour substitutions are occurring; or
(ii) Employee’s rights or benefits are being reduced.
(i) Where the employment of the trainee is continued after completion of the traineeship period, such traineeship period shall be counted as service for the purpose of the relevant award.
(3) Wages
The weekly wage payable to JOBSKILLS trainees shall be $300.00 which shall be for all purposes of this Agreement and shall take account of the range and extent of training provided.
Where a JOBSKILLS trainee successfully completes the formal training components of the programme and is offered employment which is appropriate to the training received, the C13 rate of pay shall be applied.
(4) Grievance Procedure
(a) This subclause is inserted into the award/industrial agreement as a result of legislation which came into effect on 16January 1996 (Industrial Relations Legislation Amendment and Repeal Act 1995) and further varied by legislation which came into effect on 23May 1997 (Labour Relations Legislation Amendment Act 1997).
(b) Any question, dispute or difficulty arising under this Agreement shall be dealt with in accordance with the following procedure:
(i) The matter shall be first discussed between the employee affected and the appropriate supervisor. The employee may choose to be represented by a delegate of The Shop, Distributive and Allied Employees' Association of Western Australia (SDA).
(ii) If not settled the matter shall be discussed between the employee, an accredited representative of the SDA, and the appropriate representative of the Company.
(iii) If not settled the matter shall be discussed between an official of the SDA and an appropriate representative of the Company.
(iv) This procedure shall be in addition to any existing arrangements or practices for dispute resolution.
(v) Any settlement reached which is contrary to the terms of this award/industrial agreement shall not have effect unless and until that conflict is resolved.
(b) While the matter in dispute is being discussed in accordance with this procedure, as prescribed in paragraph(a) of this subclause, work shall continue and the status quo as applying before the question, dispute or difficulty arose shall be maintained. No party shall be prejudiced in relation to the final settlement by the continuance of work in accordance with this subclause.
(c) The matter may be referred to the Western Australian Industrial Relations Commission at any time provided that with effect from 22 November 1997 it is required that persons involved in the question, dispute or difficulty shall confer among themselves and make reasonable attempts to resolve questions, disputes or difficulties before taking those matters to the Commission.
8. - RESERVATION
The parties to this Agreement reserve the right to seek its variation of revocation if circumstances develop in the operation of the JOBSKILLS program which adversely affect their interests or the interests of their members to the extent that the variation or revocation is warranted.
9. - SIGNATURES CLAUSE
Name (Print): J. Sharp-Collett Signature: J. Sharp-Collett
Position: Secretary
for and on behalf of: The Automotive, Food, Metals, Engineering, Printing and Kindred Industries’ Union of Workers - Western Australian Branch
Name (Print): Keith Roberts Signature: Keith Roberts
for an on behalf of: Professional Vocational Services
A.C.N.: 062 941 235
Name (Print): Lee Featherby Signature: Lee Featherby
for an on behalf of: Toms Tyres and Brakes
A.C.N.: 009 101 768
Name (Print): Chris Barugh Signature: Chris Barugh
for an on behalf of: Marlows Ltd
A.C.N.: 009 221 970
10. - PARTIES
The Union, being:
The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers - Western Australian Branch.
The Employers, being:
Professional Vocational Services
Level 13, London House
216 St George’s Tce
PERTH WA 6001
Toms Tyres Corporation
39 Queen Victoria Street
FREMANTLE WA 6161
Marlows Ltd
39 Walters Drive
OSBORNE PARK WA 6017
VARIATIONRECORD
PVS/AUTO SERVICE/JOBSKILLS AGREEMENT
AG 283/95
Delivered 21/11/95at 75 WAIG 3225
Consolidated
CLAUSE EXTENT OF ORDER OPERATIVE GAZETTE
NO. VARIATION NO. DATE REFERENCE
1. Title
(1A. Statement of Principles March 1996)
Ins. Cl. 1164/95 21/03/96 76 WAIG 911
Cl & Title 915/96 7/08/96 76 WAIG 3368
(1A. Statement of Principles - August 1996)
Cl & Title 940/97 14/11/97 77 WAIG 3177
(1A. Statement of Principles - November 1997)
Cl & Title 757/98 12/06/98 unreported757
(1A. Statement of Principles – June, 1998)
Del. Cl. & Title 609/99 06/07/99 79 WAIG 1843
2. Arrangement
1A 940/97 14/11/97 77 WAIG 3177
1A 757/98 12/06/98 unreported757
Del. 1A 609/99 06/07/99 79 WAIG 1843
3. Object
4. Area and Scope
5. Definitions
6. Terms of Agreement
7. JOBSKILLS Trainee
Ins. (4) 693/96 16/07/96 76 WAIG 2768
(4)(a),(c); del. (d) 2053/97 22/11/97 77 WAIG 3079
8. Reservation
9. Signatures Clause
10. Parties