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