10

RADIATOR REPAIR INDUSTRY YOUTH

TRAINEESHIP AGREEMENT

No. AG 16 of 1989


1.-TITLE

This agreement shall be known as the Radiator Repair Industry Youth Traineeship Agreement, No. AG 16 of 1989.

2.-ARRANGEMENT

1. Title

1B. Minimum Adult Award Wage

2. Arrangement

3. Definitions

4. Objects

5. Conditions and Wages

6. State Training Authority

7. Training Requirements

8. Conditions

9. Wages

10. Duration

11. Disputes Settlement

Appendix - Resolution of Disputes Requirements

Schedule 1 - Signatories

Schedule 2 - Respondents

Schedule 3 - Applicants

3.-DEFINITIONS

"Radiator Repair Trainee" - shall mean a person who:

(1) Is employed under the terms of the Metal Trades (General) Award 1966, No. 13 of 1965 solely for the purpose of being trained in all aspects of the radiator repair industry.

(2) Shall be employed within the guidelines of the Australian Traineeship System.

(3) Is employed solely for the purpose of giving the person training and experience as specified in the approved training plan.

(4) Is under the age of 20 on commencement and is not an apprentice or an employee.

(5) Will only do work in the field of radiator repair as set out in the approved training programme.

4.-OBJECTS

The object of this agreement is to provide the form and substance of the conditions of employment, including rates of pay, applicable to the radiator repair trainees of Western Australia employed under the Australian Traineeship System (A.T.S.) and who, but for being a trainee under the scheme would be covered by an award in which the unions are party.

5.-CONDITIONSANDWAGES

All conditions and wages other than those specified in this agreement shall be as prescribed in the Metal Trades (General) Award 1966, No. 13 of 1965.

6.-STATETRAININGAUTHORITY

This agreement shall operate in respect of persons engaged by employers who are parties to this agreement, with approval of the Unions and the Directors of Industrial Training, Department of Employment and Training - Western Australia, pursuant to section 37D of the Western Australian Industrial Training Act, 1975.

7.-TRAININGREQUIREMENTS

(1) This agreement provides the basis for the introduction of the Australian Traineeship System and employment of trainees.

(2) The trainee shall be engaged for a minimum of 52 weeks.

(3) The employer shall ensure that the trainee is permitted to attend the off the job training courses and shall provide prescribed on the job training. The employer shall provide appropriate supervision during on the job training.

8.-CONDITIONS

(1) The trainees shall not displace existing full time employees and should be additional wherever possible.

(2) No trainee shall be dismissed by an employer, or resign during the period of training without prior notification to the unions and agreement from the Director of Industrial Training, Department of Employment and Training - Western Australia. Employers who fail to observe the training agreement shall not be eligible to employ further trainees. Trainees who successfully complete this training shall be given preference of employment at the workplace at which their training was conducted, if a vacancy is available. (This shall not apply to group employer schemes).

(3) The employers, the State and Federal Governments, the unions, representatives of Technical and Further Education and the Australian Automotive Industry Training Committee (W.A.) shall be involved in the traineeship system.

(4) All education and training components must be developed prior to implementation and the employment of trainees with all parties as set out in subclause (3) herewith. These courses must include components dealing with occupation, health and safety, employment rights and trade union rights.

(5) Persons employed as trainees shall not be required to work broken shifts but shall work their shifts with a minimum of half hour period for lunch and a maximum of one hour except by agreement with the unions.

(6) When persons employed as trainees are required to finish work when the normal means of public transport is not available the employer shall provide transport home for the trainee free of charge.

(7) Overtime and shift work shall not be worked by trainees except to enable the requirements of the training scheme to be effected. When overtime and shift work are worked the relevant penalties and allowances of the award based on the trainee wage will apply. No trainee shall work overtime or shift work on their own.

(8) All conditions other than those specified in this agreement shall, as prescribed in the Metal Trades (General) Award 1966, No. 13 of 1965, be binding on the employer and employees with the exception of the employment of trainees shall not affect the ratio of junior employees at participating establishments.

9.-WAGES

(1) The weekly wages payable to a trainee shall be determined by applying the appropriate junior percentages prescribed in the award to the weekly award rate or going rate of pay paid by the employer for the classification of radiator repair multiplied by 39 which represents actual weeks spent on the job dividing that sum by 52 to provide a weekly wage. The rate so determined shall in no case be less than the A.T.S. minimum.

(2) The trainee wage as set out in subclause (1) of this clause shall be used to calculate overtime, penalty payments for Saturday, Sunday and public holidays and for annual leave entitlements in accordance with such provisions in Metal Trades (General) Award 1966, No. 13 of 1965.

10.-DURATION

(1) This agreement shall be for a period of 12 months and shall be reviewed before the expiration of that period.

(2) This agreement represents a compromise on the part of all parties and will not be used as a precedent in proceedings before industrial tribunals and is without prejudice to final award restructuring considerations.

11.-DISPUTESSETTLEMENT

(1) Should any dispute arise as to operation of this agreement and the parties, after due notification, are unable to resolve that dispute by amicable negotiation the parties shall refer such dispute to the Western Australian Industrial Relations Commission for:

(a) Conciliation in the first instance, and failing that;

(b) for arbitration.

(2) Should any dispute arise as to the operation of a "training" agreement such dispute shall be resolved through the settlement mechanisms presented by the Industrial Training Act, 1975.


APPENDIX - RESOLUTION OF DISPUTES REQUIREMENTS

(1) This Appendix 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).

(2) Any dispute or grievance procedure in this award/industrial agreement shall also apply to any questions, disputes or difficulties which may arise under it.

(3) With effect from 22 November 1997 the dispute or grievance procedures in this award/industrial agreement is hereby varied to include the requirement that persons involved in the question, dispute or difficulty will confer among themselves and make reasonable attempts to resolve questions, disputes or difficulties before taking those matters to the Commission.


(EDIT SCH)

SCHEDULE1-SIGNATORIES

(1) Signedforonbehalfof

ABBA's Radiator Repairs

1711 Albany Highway

KENWICK WA 6107 : Mr Ken Reid

Witnessed by : Ms Julie Bain

(2) Signedforonbehalfof

Abbott's Radiators

135 Great Eastern Highway

BELMONT WA 6104 : Mr Hugh Davis

Witnessed by : Ms Erica Morrish

(3) Signedforonbehalfof

Att Radiators

Lot 43 Cusack Road

MALAGA WA 6016 : Mr Eric Redman

Witnessed by : Mr Richard Peck

(4) Signedforonbehalfof

C.O.R. Radiators

6 Roy Street

WELSHPOOL WA 6016 : Mr Ron Grearey

Witnessed by : Mr Summersby

(5) Signedforonbehalfof

Leo's Radiators

73 Hector Street

OSBORNE PARK WA 6017 : Mr Jim Newell

Witnessed by : Mr Richard Peck

(6) Signedforonbehalfof

Natra Services P/L

42 Parry Street

EAST PERTH WA 6000 : Mr Brian White

Witnessed by : Mr Richard Peck


(7) Signedforonbehalfof

Perth Radiator Centre

98 Beechboro Road

BAYSWATER WA 6053 : Mr Neil Alexander

Witnessed by : Mr Richard Peck

(8) Signedforonbehalfof

Australasian Society of

Engineers, Moulders and

Foundry Workers, Industrial

Union of Workers, Western

Australian Branch

318 Lord Street

EAST PERTH WA 6000 : Mr T.J. Cook

(Secretary)

Witnessed by : Ms D.A. Blaskett

(9) Signedforonbehalfof

Amalgamated Metal Workers

and Shipwrights Union of

Western Australia

401-403 Oxford Street

MT. HAWTHORN WA 6016 : Mr J. Sharp-Collett

(Secretary)

Witnessed by : Mr F. Logan


(EDIT SCH)

SCHEDULE2-RESPONDENTS

ABBA's Radiator Repairs

1711 Albany Highway

KENWICK WA 6107

Abbott's Radiators

135 Great Eastern Highway

BELMONT WA 6104

Att Radiators

Lot 43 Cusack Road

MALAGA WA 6016

C.O.R. Radiators

6 Roy Street

WELSHPOOL WA 6016

Leo's Radiators

73 Hector Street

OSBORNE PARK WA 6017

Natra Services P/L

42 Parry Street

EAST PERTH WA 6000

Perth Radiator Centre

98 Beechboro Road

BAYSWATER WA 6053


(EDIT SCH)

SCHEDULE3-APPLICANTS

Australasian Society of Engineers,

Moulders and Foundry Workers,

Industrial Union of Workers,

Western Australian Branch

318 Lord Street

EAST PERTH WA 6000

Amalgamated Metal Workers and

Shipwrights Union of Western Australia

401-403 Oxford Street

MT. HAWTHORN WA 6016


VARIATIONRECORD

RADIATOR REPAIR INDUSTRY YOUTH TRAINEESHIP AGREEMENT

NO. AG 16 of 1989

Delivered 07/06/90 at 70 WAIG 2185

Consolidated at

CLAUSE EXTENT OF ORDER OPERATIVE GAZETTE

NO. VARIATION NO. DATE REFERENCE

1. Title

(1A. State Wage Principles)

Ins. Cl. 1752/91 31/01/92 72 WAIG 191

Cl. & Title 1457/93 24/12/93 74 WAIG 198

(1A. State Wage Principles December 1993)

Cl. & Title 985/94 30/12/94 75 WAIG 23

(1A. Statement of Principles December 1994)

Cl. & Title 1164/95 21/03/96 76 WAIG 911

(1A. Statement of Principles March 1996)

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 Unreported60979 WAIG 1843

2. Arrangement

Ins. 1A 1752/91 31/01/92 72 WAIG 191

1A. Title 1457/93 24/12/93 74 WAIG 198

1A. Title 985/94 30/12/94 75 WAIG 23

1A. Title 1164/95 21/03/96 76 WAIG 911

Ins. Appendix - Resolution... 693/96 16/07/96 76 WAIG 2768

1A. Title 915/96 7/08/96 76 WAIG 3368

1A 940/97 14/11/97 77 WAIG 3177

1A 757/98 12/06/98 unreported757

Del. 1A 609/99 06/07/99 Unreported60979 WAIG 1843

3. Definitions

4. Objects

5. Conditions and Wages

6. State Training Authority

7. Training Requirements

8. Conditions

9. Wages

10. Duration

11. Disputes Settlement

Appendix - Resolution of Disputes Requirements

Ins. Appendix 693/96 16/07/96 76 WAIG 2768

App 2053/97 22/11/97 77 WAIG 3079

Schedule 1 - Signatories

Schedule 2 - Respondents

Schedule 3 - Applicants