Pharmacy Guild/SDA Australian Vocational Certificate Training System Pilot Project Agreement

Pharmacy guild/sda australian vocational

certificate training system project

agreement 1993

No. AG 57 of 1993

1.-TITLE

This agreement shall be known as the Pharmacy Guild/SDA Australian Vocational Certificate Training System Pilot Project Agreement 1993.

2.-ARRANGEMENT

1. Title

2. Arrangement

2A. No Extra Claims

3. Scope and Area

4. Parties Bound

5. Objectives

6. Form of Traineeship Agreement

7. Duties and Responsibilities

8. Training Review Panel

9. Term

10. Definitions

11. Hours

12. Rosters

13. Meal Breaks and Rest Periods

14. Meal Money

15. Overtime

16. Holidays

17. Annual Leave

18. Change Rooms

19. Engagement

20. Time and Wages Record

21. Uniforms

22. Board of Reference

23 Trainee's Age Certificate

24. Sick Leave

25. Wages

26. Easter Week

27. Right of Entry

28. Other Provisions

29. Motor Vehicle Allowance

30. Long Service Leave

31. Payment of Wages

32. Posting of Agreement

33. Compassionate Leave

34. Maternity Leave

35. Introduction of Change

36. Superannuation

37. First Aid Allowance

38. Additional Loading for Ordinary Hours

Appendix - Resolution of Disputes Requirement

Schedule "A". - Signatories to this Agreement

Appendix - S.49B - Inspection Of Records Requirements

2A.-NOEXTRACLAIMS

It is a term of this agreement that the union undertakes for the duration of the Principles determined by the Commission in Court Session in Application No. 704 of 1991 not to pursue any extra claims, award or overaward except when consistent with the State Wage Principles.

3.-SCOPEANDAREA

This agreement shall apply to trainees as defined by Clause 10. - Definitions employed by pharmacy employers named in Schedule A to the agreement in the Perth Metropolitan area.

4.-PARTIESBOUND

This agreement is between the Shop, Distributive and Allied Employees' Association of Western Australia and the signatories to the agreement as set out in Schedule "A". - Signatories to this Agreement.

5.-OBJECTIVES

(1) The objective of this agreement is to provide the form and substance of the conditions of employment, including rates of pay, applicable to any person engaged under the Pharmacy Guild/SDA Australian Vocational Certificate Training System Pilot Project, and who, being a trainee under that system, is covered by this agreement.

(2) The purpose is to enhance the skill levels and future employment prospects for young people.

(3) The objectives of the Pharmacy Guild/SDA Australian Vocational Certificate Training System Pilot Project are to:

(a) provide employment and training opportunities for young people;

(b) trial the effectiveness of the Australian Vocational Certificate Training System to employment in the community pharmacy industry.

6.-FORMOFTRAINEESHIPAGREEMENT

(1) A traineeship shall be entered into by means of a written agreement in a form approved by the State Management Committee and registered in accordance with the provisions of the Industrial Training Act, 1975.

(2) A trainee shall not be engaged on a part time or casual basis.

(3) The Traineeship Scheme shall be for a period of 24 months but this period may be varied with the agreement of the Training Review Panel and with the approval of the State Management Committee.

7.-DUTIESANDRESPONSIBILITIES

(1) A trainee shall participate in the approved on-the-job training scheme and attend the approved off-the-job training as prescribed in the training scheme.

(2) An employer shall release a trainee from duty to attend the prescribed off-the-job training course and shall provide the on-the-job training approved by the State Management Committee.

(3) The employer shall provide the level of supervision in accordance with the approved training scheme during the traineeship period.

(4) The overall traineeship scheme will be monitored by officers of the Department of Employment and Training. An accredited representative of the union shall have access during ordinary working hours to inspect the relevant training records and work books and subject to the approval of the employer, which shall not be unreasonably withheld, may interview a trainee with respect to his/her progress in the Scheme.

8.-TRAININGREVIEWPANEL

(1) There shall be constituted a Training Review Panel. The panel will be constituted by:

(a) a nominee of the Pharmacy Guild of Australia (WA Branch);

(b) a nominee of the Shop, Distributive and Allied Employees' Association of Western Australia; and

(2) The panel shall have power to:

(a) consider issues placed before it by trainees or employers, and seek to resolve any dispute;

(b) where an employer seeks to terminate a trainee in accordance with Clause 19. - Engagement of this agreement, consider that termination;

(d) fix or determine any matter which the panel is entitled to in accordance with this agreement.

(3) If the Training Review Panel cannot resolve a dispute, the matter shall be referred to the Western Australian Industrial Relations Commission.

9.-TERM

This agreement shall operate for a period of two years on and from 30th August 1993.

10.-DEFINITIONS

(1) "The Australian Vocational Certificate Training System" means a structured system of on-the-job training with an employer and off-the-job training in a Technical and Further Education College or other training provider approved by the State Management Committee, which was described in the report of the Employment and Skills Formation Council of 4th March 1992.

(2) "Trainee" means an employee engaged under the terms of this agreement and in accordance with the provisions of the Australian Vocational Certificate Training System established pursuant to section 37D of the Industrial Training Act, 1975, and approved by the State Management Committee.

A trainee may be required to perform any of the duties provided in subclause (5) hereof while attending on-the-job in accordance with this agreement.

(3) "Traineeship Scheme" is a formal agreement of training approved by the State Management Committee and registered pursuant to section 37D of the Industrial Training Act, 1975.

(4) "State Management Committee" means a committee comprising representatives from the Chamber of Commerce and Industry of Western Australia, the Trades and Labor Council of Western Australia, Technical and Further Education (TAFE) and the relevant federal and state government departments which approve traineeship arrangements by agreement of each of the parties. The State Management Committee may be established pursuant to the Industrial Training Act, 1975, or any amendment to or substitution of that Act, provided that any committee or body established in lieu of the State Management Committee has the same representative structure and decision making processes as that Committee.

(5) The duties referred to in subclause (2) hereof shall mean any one or more of the following functions in retail community pharmacy establishments:

(a) the receipt into and preparation for sale and or display of goods in or about any shop;

(b) the prepacking or packing, weighing, assembling, pricing or preparing of goods or provisions or produce for sale;

(d) the sale of goods by any means;

(e) the receiving, arranging or making payment by any means;

(f) the recording by any means of a sale or sales;

(g) the wrapping or packing of goods for dispatch.

(5) The terms shall include duties as messengers, checkout operators, persons employed on information desks or booths, refund assistants, persons employed on service desks, persons employed as bag checkers in or about the entrance to stores, persons employed on customer service or as door greeters, persons employed as lay-by attendants, persons employed in hiring out activities in a shop, persons engaged in the stocking or collection of money from and preparation of commodities for sale in automatic vending devices, persons engaged to collect trollies by any means, persons employed as spruikers in shops and persons engaged in operating photographic processing equipment.

11.-HOURS

(1) Ordinary hours shall be 38 per week over not more than five days of the week, Monday to Saturday.

(2) Ordinary hours shall include hours spent at the off-the-job training provider.

(3) For the purposes of calculating ordinary hours, each day spent at the off-the-job training provider shall be considered as 7 hours and 36 minutes of ordinary hours.

(4) Ordinary hours of attendance on-the-job shall, subject to subclause (8) and (9) hereof be arranged each day Monday to Saturday between 6.00am and 11.30pm.

(5) A trainee shall not be required to attend for more than nine and one half hours in ordinary time on any one day, except for the day of late night trading, when ordinary hours may be not more than eleven and one half.

(6) No employer shall schedule a trainee to attend on-the-job in ordinary time on any day when that trainee is scheduled to be at the off-the-job training provider.

(7) No employer shall require or request a trainee to attend on-the-job when that trainee is scheduled to attend the off-the-job training provider.

(8) Subject to this clause, except with the express written agreement of the Training Review Panel, a trainee shall be employed on one of the following rosters:

(a) Monday to Friday (inclusive) in which case Saturday shall be deemed to be the trainee's rostered day off.

(b) Tuesday to Saturday (inclusive) in which case Monday shall be deemed to be the trainee's rostered day off.

(9) The ordinary hours of the trainee will be regulated by a release pattern determined by the Training Review Panel. This release pattern will set out the days on which the trainee is required to attend the off-the-job training provider and the days available for duty on-the-job, subject to this clause. That release pattern shall be read as if it was a provision of this agreement.

12.-ROSTERS

(1) Every employer shall provide each trainee with an individual roster written in the English language showing:

(a) the name of each trainee bound by the agreement; and

(b) the days, during each work cycle, upon which the trainee is required to attend his/her ordinary hours of work, the start and finish times of each period of ordinary hours, and the time of any meal break.

(c) The particulars referred to in paragraph (b) above shall be published two weeks in advance and may be changed in any of the following circumstances:

(i) by two weeks' notice,

(ii) by mutual agreement between employer and trainee.

(d) Where changes to rosters are made in accordance with paragraph (c) of this subclause, ordinary rates apply.

(2) The particulars contained in such roster shall be in respect of the full week Monday to Saturday inclusive, during which it is issued.

(3) Schedules of rostered days off shall be published one month in advance.

(4) The ordinary hours of work and any meal interval prescribed by this agreement shall be rostered as a continuous period on any day.

13.-MEALBREAKSANDRESTBREAKS

(1) A trainee, during any period in which his/her ordinary hours are rostered to be worked, shall be allowed a meal break of not less than forty five minutes nor more than one hour. Provided that the employer and any trainee may agree that the meal break shall not be less than a half hour.

(2) Subject to subclause (3) a meal break shall be taken after not less than two and a half nor more than five hours' work have been performed on any day. Provided for those trainees who may be required to attend for more than five hours of duty after or prior to taking a meal break in that part of the day which forms the substantial part of their attendance a paid tea break of fifteen (15) minutes shall be granted in lieu of the requirement to take an additional meal break. The fifteen (15) minute break referred to herein shall be in lieu of the break allowed by subclause (5) hereof.

(3) From Monday to Saturday inclusive the lunch period may be taken between the hours of 11a.m. and 3p.m.

(4) A trainee who is required to attend for ordinary hours during late night trading shall be entitled to an evening meal break of between forty five minutes and one hour between 4.30p.m. and 7.00p.m. Provided that the employer and any trainee may agree that the meal break shall not be less than a half hour.

(5) A trainee attending on-the-job for more than eight hours in ordinary time shall be allowed two paid tea breaks of ten minutes to be taken in the morning and afternoon. Otherwise a trainee shall be allowed a ten minute break each day either in the first or second half of the period of attendance Monday to Saturday inclusive. Such break shall be taken to suit the employer's business provided that no trainee shall be required to attend for more than four and one half hours without having had such break. Provided further that such break shall not take place within a period of one hour after the trainee commencing in the morning or within a period of one hour after the completion of the trainee's lunch period or during the time of late night trading.

(6) (a) Where a trainee is required to continue into overtime beyond his/her normal finishing time for more than two hours he/she shall be allowed a break for a meal of not less that thirty minutes. Such break shall be allowed to the trainee before the expiration of the period of work beyond his/her normal finishing time referred to herein and not earlier than 5.00pm.

(b) If the overtime continues beyond the meal break, an additional half-hour meal break shall be allowed after each period of overtime not exceeding five hours.

(7) The meal breaks provided in this clause shall be granted and taken in one continuous period.

14.-MEALMONEY

(1) When a trainee is required to continue working after the usual finishing time for more than one hour he/she shall be paid $6.50 for the purchase of any meal required.

(2) Late Night Trading Meal Allowance -

A trainee who commences work at or prior to 1.00pm on the day of late night trading and is required to work beyond 7.00pm on that day shall be paid a meal allowance of $6.50.

(3) Meal money may be paid prior to the meal period on the day upon which the overtime is to be worked or as part of the normal weekly or fortnightly wage as appropriate.

15.-OVERTIME

(1) Overtime shall not be worked by trainees except to enable the requirements of the training scheme to be effected.