1
HORSE INDUSTRY TRAINEESHIP
AGREEMENT 1989
No. AG 5 of 1989
HORSE INDUSTRY TRAINEESHIP AGREEMENT 1989
MEMORANDUMOFTERMSOFAGREEMENT
This agreement, made pursuant to the provisions of the Industrial Relations Act 1979 of Western Australia, between The Australian Workers' Union, Western Australian Branch (hereinafter referred to as "the Union") of the one part and the employers detailed in the Schedule annexed hereto (hereinafter referred to as the employer) of the other part; witnesses that the parties hereto mutually covenant and agree the one with the other as follows:
1.-TITLE
This Agreement shall be known as the Horse Industry Traineeship Agreement 1989.
2.-ARRANGEMENT
1.Title
2.Arrangement
3.Scope
4.Definitions
5.Conditions of Training
6.Employment Conditions
7.Rates of Pay
8.Contract of Training
9.Copies of Agreement
10.Terms of Agreement
Appendix - Resolution of Disputes Requirement
3.-SCOPE
This Agreement shall apply to all Horse Industry trainees undertaking a traineeship as part of the Australian Traineeship System.
4.-DEFINITIONS
(1)A "Traineeship" is a system of training, under the Australian Traineeship System, in the knowledge and skills required in industry or commerce, comprising structured on-the-job training with an employer
combined with a period of broad based training off-the-job in a technical college or other training institution and for the purposes of Western Australia, approved under the Industrial Training Act 1975.
(2)A "Trainee" is an employee who is bound by a training agreement registered under the provision of the Industrial Training Act 1975 of Western Australia and approved by the State Management Committee (SMC) for traineeships.
5.-CONDITIONSOFTRAINING
(1)A Trainee shall attend an approved on and off-the-job training course or program prescribed in the relevant training agreement or as notified to the trainee by the SMC.
(2)Trainees may be engaged by employers registered with the SMC. The employer shall ensure that the Trainee is permitted to attend the prescribed off-the-job training course and is provided with on-the-job training approved by the SMC.
(3)The employer shall provide a level of supervision in accordance with the approved Training Plan during the Traineeship period.
(4)The employer agrees that the overall training program will be monitored by the officers of the SMC and that training records or work books may be utilised as part of this monitoring process.
6.-EMPLOYMENTCONDITIONS
(1)The Trainee shall be engaged for a period of twelve months as a full-time employee provided that the Trainee shall be subject to a satisfactory probationary period of up to one month.
(2)The Trainee is permitted to be absent from work without loss of continuity of employment to attend the off-the-job training in accordance with the Training Agreement.
(3)Where the employment of a Trainee by an employer is continued after the completion of the traineeship period, such traineeship period shall be counted as service for the purposes of the Award and long service leave/entitlements.
(4)Other than to meeting the requirements of the approved Training Plan overtime or shiftwork shall not be worked by Trainees. However, where an agreement in writing has been reached between the employer concerned and the Union, the employer may require their trainees to work overtime in accordance with the provisions of the Award. No Trainees shall work overtime or shiftwork on their own.
(5)All other terms and conditions of the Horse Training Industry Award 1976 shall apply unless specifically varied by the Agreement, provided that subclause (a) to (c) of Clause 9. - Junior Employees and Apprentice Jockeys shall not apply.
(6)This Agreement represents a compromise on the part of all parties and will not be used as a precedent in proceedings before industrial tribunals.
7.-RATESOFPAY
(1)Rates of pay will be according to age as follows -
Total
$
16 years of age108.54
17 years of age117.58
18 years of age126.63
19 years of age144.72
(2)Where a trainee has a birthday during the Traineeship period, an increment to the appropriate rate, to the maximum of 19 year old rate will apply.
(3)Rates of pay shall be adjusted in accordance with movements in the Consumer Price Index as approved by the Western Australian Industrial Relations Commission.
8.-CONTRACTOFTRAINING
(1)Trainees will enter into a contract of training with the employer. On completion of the traineeship each successful trainee will be issued with a Certificate of Proficiency issued by the Chairman of the Industrial Training Advisory Committee.
(2)A traineeship may be cancelled:
(a)by mutual consent,
(b)by either the employer or trainee giving one weeks notice on either side, or by the payment or forfeiture as the case may be of a week's wages in lieu of notice. This does not affect the right to dismiss for misconduct and in such case wages shall be paid to the time of dismissal only.
9.-COPIESOFAGREEMENT
Every trainee shall be entitled to have access to a copy of this Agreement.
10.-TERMSOFAGREEMENT
This Agreement shall operate as from and including the date of the 8th January, 1989 and shall remain in force for a period of 12 months, provided that either of the parties may negotiate with the other party to amend or add to this Agreement.
In Witness hereof the parties hereto have hereunto set their hands and seal the day and year first before written.
The Common Seal of The Australian Workers' Union, West Australian Branch was hereto affixed in the presence of
V.J. KEENAN
STATE SECRETARY
APPENDIX - RESOLUTION OF DISPUTES REQUIREMENT
(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)Subject to this appendix, and in addition to any current arrangements the following procedures shall apply in connection with questions, disputes or difficulties arising under this award/industrial agreement.
(a)The persons directly involved, or representatives of person/s directly involved, shall discuss the question, dispute or difficulty as soon as is practicable.
(b)(i)If these discussions do not result in a settlement, the question, dispute or difficulty shall be referred to senior management for further discussion.
(ii)Discussions at this level will take place as soon as practicable.
(3)The terms of any agreed settlement should be jointly recorded.
(4)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 to allow for it.
(5)Nothing in this appendix shall be read so as to exclude an organisation party to or bound by the award/industrial agreement from representing its members.
(6)Any question, dispute or difficulty not settled may be referred to the Western Australian Industrial Relations Commission 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..
(EDIT SCH)
SCHEDULE
SignatoriesRespondents
H.B. Dent
For and on behalf of Asprey Thoroughbred Stud Pty Ltd
Morgan Road
COOLUP WA 6214
(Indecipherable)
For and on behalf ofL.R. Connell and Partners
G.P.O. Box A9
PERTH WA 6001
E. Higgins
For and on behalf ofMaldon Stud
CAPEL WA 6271
M. Spencer
For and on behalf ofClarefontaine Stud
RAUBON WA 6282
K.J. Stevens
For and on behalf ofShiba Park Stud
13 McCallum Crescent
ARDROSS WA 6153
L.A. Byatt
For and on behalf ofRaintree County Park
Hopeland Road
SERPENTINE WA 6205
R. Mullins
For and on behalf ofR.J. Mullins
25 Knight Road
GNANGARA WA 6065
M. Houlahan
For and on behalf ofNeerabup Agistment Centre
P.O. Box 140
WANNEROO WA 6065
S.B. Hughes
For and on behalf ofMrs D. Hughes
Saunders Street
WEST SWAN WA 6055
K. Simcoe
For and on behalf ofMs K. Simcoe
28 Matthieson Road
BELMONT WA 6104
J.H. Maynard
For and on behalf ofM.R. Maynard
24 Thompson Street
BELMONT WA 6104
K. John
For and on behalf ofMr K. Johns
Lot 892 Fletcher Road
MANDURAH WA 6210
L.B. Morton
For and on behalf ofMr L. Morton
44 Epsom Avenue
BELMONT WA 6104
E.E. Giles
For and on behalf ofMs E. Giles
Korilya
P.O. Box 165
BUSSELTON WA 6280
D. Waldock
For and on behalf ofMr D. Waldock
Lot 12
Nicholson Road
FORRESTDALE WA 6112
B. Marshall
For and on behalf ofB. Marshall
Shalimar Lodge
Lot 5 Orchard Road
WOOROOLOO WA 6558
R.W. Price
For and on behalf ofMr R. Price
P.O. Box 22
CAPEL WA 6271
K.A. Plunkett
For and on behalf ofMr K. Plunkett
16 Stock Road
HERNE HILL WA 6056
W. Mitchell
For and on behalf ofMr W. Mitchell
22 Mathieson Road
BELMONT WA 6104
(Indecipherable)
For and on behalf ofMartindale Pty Ltd
NEW NORCIA WA 6509
M.E. Horner
For and on behalf ofBeefeater Park
South West Highway
MUNDIJONG WA 6202
(Indecipherable)
For and on behalf ofHeritage Thoroughbreds
(Aust) Pty Ltd
P.O. Box 77
GINGIN WA 6503
VARIATIONRECORD
HORSEINDUSTRYTRAINEESHIPAGREEMENT1989
NO.AG5OF1989
Delivered 05/09/89 at 69 WAIG 2701
Consolidated at
CLAUSEEXTENT OFORDEROPERATIVEGAZETTE
NO.VARIATIONNO.DATEREFERENCE
1. Title
(1A. State Wage Principles)
Ins. cl.1752/9131/01/9272 WAIG191
Cl. & Title1457/9324/12/9374 WAIG198
(1A. State Wage Principles December 1993)
Cl. & Title985/9430/12/9475 WAIG23
(1A. Statement of Principles December 1994)
Cl. & Title1164/9521/03/9676 WAIG911
(1A. Statement of Principles March 1996)
Cl & Title915/967/08/9676 WAIG3368
(1A. Statement of Principles - August 1996)
Cl & Title940/9714/11/9777 WAIG3177
(1A. Statement of Principles - November 1997)
Cl. & Title757/9812/06/98unreported757
1A. Statement of Principles - June, 1998
Del Cl609/9906/07/9979 WAIG 1843
2. Arrangement
Ins. 1A.1752/9131/01/9272 WAIG191
1A. Title1457/9324/12/9374 WAIG198
1A. Title985/9430/12/9475 WAIG23
1A. Title1164/9521/03/9676 WAIG911
Ins. Appendix - Resolution...693/9616/07/9676 WAIG2768
1A. Title915/967/08/9676 WAIG3368
1A940/9714/11/9777 WAIG3177
1A. Title757/9812/06/98unreported757
Del 1A609/9906/07/9979 WAIG 1843
3. Scope
4. Definitions
5. Conditions of Training
6. Employment Conditions
7. Rates of Pay
8. Contract of Training
9. Copies of Agreement
10. Terms of Agreement
Appendix - Resolution of Disputes Requirement
Ins. Appendix693/9616/07/9676 WAIG2768
(1),(6), Del. (7)2053/9722/11/9777 WAIG3079