1
LABORATORY ASSISTANTS TRAINEESHIP
AGREEMENT
No. AG 9 of 1991
1.-TITLE
This Agreement shall be known as the Laboratory Assistants Traineeship Agreement No. AG 9 of 1991.
1B. - MINIMUM ADULT AWARD WAGE
(1)No adult employee shall be paid less than the Minimum Adult Award Wage unless otherwise provided by this clause.
(2)The Minimum Adult Award Wage for full time adult employees is $359.40 per week payable from the beginning of the first pay period commencing on or after 14th November 1997.
(3)The Minimum Adult Award Wage of $359.40 per week is deemed to include all arbitrated safety net adjustments from State Wage Case decisions to November 1997, including the $10.00 per week arbitrated safety net adjustment from Matter No.940 of 1997.
(4)Unless otherwise provided in this clause adults employed as casual or part time employees shall not be paid less than pro rata the Minimum Adult Award Wage according to the hours worked.
(5)Juniors shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision to the Minimum Adult Award Wage of $359.40 per week.
(6)(a)The Minimum Adult Award Wage shall not apply to apprentices, employees engaged on traineeships or Jobskills placements, or to other categories of employees who by prescription are paid less than the minimum award rate.
(b)Liberty to apply is reserved in relation to any special categories of employees not included here or otherwise in relation to the application of the Minimum Adult Award Wage.
(7)Subject to this clause the Minimum Adult Award Wage shall—
(a)apply to all work in ordinary hours.
(b)apply to the calculation of overtime and all other penalty rates, superannuation, payments during sick leave, long service leave and annual leave and for all other purposes of this award.
2.-ARRANGEMENT
1.Title
1B.Minimum Adult Award Wage
2.Arrangement
3.Definition
4.Objects
5.Conditions and Wages
6.Training Requirements
7.Conditions
8.Wages
9.Term
10.Disputes Settlement
Appendix - Resolution of Disputes Requirement
Schedule "A" - Parties
3.-DEFINITIONS
(1)"Award" shall mean the Draughtsmen's, Tracers', Planners' and Technical Officers' Award 1979.
(2)"Laboratory Assistant Trainee" shall mean a person who:
(a)is employed under the terms of the Award solely for the purpose of being provided with training and experience in laboratory practices as specified in the approved training plan.
(b)shall be employed within the guidelines of the Australian Traineeship System.
(c)is between the ages of 16 and 19 years on commencement and is not an apprentice or a worker.
(3)"Union" shall mean the Association of Draughting, Supervisory and Technical Employees, Western Australian Branch.
4.-OBJECTS
The object of this Agreement is to provide the form and substance of conditions of employment, including rates of pay, applicable to the laboratory assistant trainees of Western Australia employed under the Australian Traineeship System (ATS) and who, but for being a trainee under the system would be covered by an award in which the Union is a party.
5.-CONDITIONSANDWAGES
All conditions and wages other than those specified in this Agreement shall be as prescribed in the Award.
6.-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.
7.-CONDITIONS
(1)The trainees shall not displace existing full-time employees and shall be additional to existing staff.
(2)(a)No trainee shall be dismissed by an employer, or resign during the period of training without prior notification to the Union and agreement from the Director of Industrial Training, Department of Employment and Training - Western Australia.
(b)Employers who fail to observe the training agreement shall not be eligible to employ further trainees.
(c)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 parties agree that the employer, the State and Federal Governments, the Union and representatives of Technical and Further Education shall be involved in the Traineeship System.
(4)All education and training components must be developed prior to implementation and 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 a half hour period for lunch and a maximum of one hour; provided that this may be varied by agreement with the Union.
(6)Where persons employed as trainees are required to finish work at a time 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 to be effected. When overtime and/or shift work is worked the relevant penalties and allowances of the Award calculated on the trainee wage as prescribed in Clause 8. - Wages of this Agreement will apply. No trainee shall work overtime or shift work on their own.
(8)All Award conditions other than as prescribed in this Agreement shall be binding on the employer and employees and provided that the employment of trainees shall not affect the ratio of junior employees at participating establishments.
8.-WAGES
(1)The weekly wages payable to a trainee shall be whichever is the greater of the rate for a Trainee Draughtsman prescribed in the Award or the going rate for a junior paid by the employer multiplied by 39/52 (the average time to be spent on the job over one year); provided that the rate so determined shall not be less than the ATS minimum.
(2)The trainee wage as set out in subclause (1) of this clause shall be used to calculate overtime, penalty payments for Saturdays, Sundays and public holidays and annual leave Award entitlements.
9.-TERM
(1)This Agreement shall be for the period of 12 months commencing on and from 19 September 1991 and shall be reviewed by the parties to this Agreement 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.
10.-DISPUTESSETTLEMENT
(1)Should any dispute arise as to the 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.
(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 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)SCHEDULEA-PARTIES
Employers -Core Laboratories
447-449 Belmont Avenue
KEWDALE WA 6105
David Gray Pty Ltd
2 Rawlinson Street
O'CONNOR WA 6163
Delta West Limited
15 Brodie Hall Drive
Technology Park
BENTLEY WA 6102
Milne Feeds Pty Ltd
103-105 Welshpool Road
WELSHPOOL WA 6106
Union -The Association of Draughting,
Supervisory and Technical Employees,
Western Australian Branch
401-403 Oxford Street
MOUNT HAWTHORN WA 6016
VARIATIONRECORD
LABORATORYASSISTANTSTRAINEESHIPSAGREEMENT
NO.AG9OF1991
Delivered 16/10/91 at 71 WAIG 3177
Consolidated at
CLAUSEEXTENT OFORDEROPERATIVEGAZETTE
NO.VARIATIONNO.DATEREFERENCE
1. Title
DeliveredAG 9/9119/09/9171 WAIG3177
(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 WAIG 3368
(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. Cl. & Title609/9906/07/9979 WAIG 1843
1B. Minimum Adult Award Wage
Ins. 1B940/9714/11/9777 WAIG3177
2. Arrangement
DeliveredAG 9/9119/09/9171 WAIG3177
Ins. 1A1752/9131/01/9272 WAIG191
1A. Title1457/9324/12/9374 WAIG198
1A. Title985/9330/12/9475 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
Ins. 1B940/9714/11/9777 WAIG3177
1A757/9812/06/98unreported757
Del. 1A609/9906/07/9979 WAIG 1843
3. Definition
DeliveredAG 9/9119/09/9171 WAIG3177
4. Objects
DeliveredAG 9/9119/09/9171 WAIG3177
5. Conditions and Wages
DeliveredAG 9/9119/09/9171 WAIG3177
6. Training Requirements
DeliveredAG 9/9119/09/9171 WAIG3177
7. Conditions
DeliveredAG 9/9119/09/9171 WAIG3177
8. Wages
DeliveredAG 9/9119/09/9171 WAIG3177
9. Term
DeliveredAG 9/9119/09/9171 WAIG3177
10. Disputes Settlement
DeliveredAG 9/9119/09/9171 WAIG3177
Appendix - Resolution of Disputes Requirement
Ins. Appendix693/9616/07/9676 WAIG2768
(1),(6), Del. (7)2053/9722/11/9777 WAIG3079
Schedule "A" - Parties
DeliveredAG 9/9119/09/9171 WAIG3177