MISCELLANEOUS WORKERS' KINDERGARTENS AND CHILD CARE CENTRES (STATE) TRAINING WAGE AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1806 of 2004)
Before The Honourable Mr Deputy President Harrison / 30 August 2004REVIEWED AWARD
1. Delete in clause 4 Definitions, the definition "Training Agreement", of the award published 8 February 2002 (331 I.G. 86), and insert in lieu thereof the following:
"Training Contract" means a contract entered into for the purpose of establishing a Traineeship under the Apprenticeship and Traineeship Act 2001.
2. Delete subclause (f) of clause 5, Training and insert in lieu thereof the following:
(f) Training shall be directed at:
(i) the achievement of key competencies required for successful participation in an industry or enterprise (where there are endorsed national standards these will define these competencies) as are proposed to be included in an Australian Qualification Framework Certificate Level 3 or above.
3. Delete subclause (d), of clause 6, Employment Conditions and insert in lieu thereof the following:
(d) A Traineeship shall not be terminated before it’s conclusion, except in accordance with the Apprenticeship and Traineeship Act 2001. (Note: s 22 of the Apprenticeship and Traineeship Act 2001 provides that a traineeship may be cancelled by consent of the employer and of the trainee.)
An employer who chooses not to continue the employment of a trainee upon the completion of the traineeship shall notify, in writing, the relevant NSW Training authority of their decision.
4. Delete reference to "Training Agreement" wherever appearing in the award and insert in lieu thereof the following:
"Training Contract"
5. Delete reference to "Industrial and Commercial Training Act 1989", wherever appearing in the award and insert in lieu thereof the following:
"Apprenticeship and Traineeship Act 2001"
6. Delete reference to "approved training", wherever appearing in the award and insert in lieu thereof the following:
"Structured Training"
7. Delete the words "he/she" in paragraph (iv) of subclause (a) of clause 9 Grievance Procedure of the award and insert in lieu thereof the following:
"the trainee"
8. The changes made to the Award pursuant to the Award review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for review of Awards made by the Industrial Relations Commission of New South Wales on 18 December 1998 (308 IG 307) take effect on 30 August 2004.
R. W. HARRISON D.P.
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Printed by the authority of the Industrial Registrar.