Laboratory Assistants Traineeship (Metana Minerals) Agreement

LABORATORY ASSISTANTS TRAINEESHIP

(METANA MINERALS) AGREEMENT

No. AG 6 of 1991

1. - TITLE

This agreement shall be known as the Laboratory Assistants Traineeship (Metana Minerals) Agreement.

2. - ARRANGEMENT

1.Title

2.Arrangement

3.Definitions

4.Objects

5.Conditions and Wages

6.State Training Authority

7.Training Requirements

8.Conditions

9.Wages

10.Duration

11.Disputes Settlements

Appendix - Resolution of Disputes Requirements

Schedule - Signatories

3. - DEFINITIONS

(1)"Award" - shall mean the Materials Testing Employees' Award 1984, No. A 5 of 1982.

(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.

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. - CONDITIONS AND WAGES

All conditions and wages other than those specified in this agreement shall be as prescribed in the award.

6. - STATE TRAINING AUTHORITY

This agreement shall operate in respect of persons engaged by the employer who is party to this agreement, with the approval of the unions and the Director of Industrial Training, Department of Employment and Training - Western Australia, pursuant to section 37D of the Western Australian Industrial Training Act 1975.

7. - TRAINING REQUIREMENTS

(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.

8. - CONDITIONS

(1)The trainees shall not displace existing full time employees and should be additional wherever possible.

(2)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. Employers who fail to observe the training agreement shall not be eligible to employ further trainees. 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 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 sub-clause (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 half an hour and a maximum of one hour period for lunch except by agreement with the union.

(6)When persons employed as trainees are required to finish work when the normal means of public transport are 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 shift work are worked the relevant penalties and allowances of the award based on the trainee wage will apply. No trainee shall work overtime or shift work on his/her own.

(8)All conditions other than those specified in this agreement shall, as prescribed in the award, be binding on the employer and employees with the exception that the employment of trainees shall not affect the ratio of junior employees at participating establishments.

9. - WAGES

(1)The weekly wages payable to a trainee shall be as per a Trainee Technical Assistant in the award or the going rate for a junior paid by the employer, whichever is the greater, multiplied by 39/52 (this represents the average time spent on the job over one year). The rate so determined shall not be less than the ATS minimum.

(2)The trainee wage as set out in sub-clause (1) of this clause shall be used to calculate overtime, penalty payments for Saturdays, Sundays and public holidays and for annual leave entitlements in accordance with such provisions in the award.

10. - DURATION

(1)This agreement shall be for the period of 12 months and shall be reviewed 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 re-structuring considerations.

11. - DISPUTES SETTLEMENTS

(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 Industrial Relations Commission for:

(a)conciliation in the first instance, and, failing that,

(b)for arbitration.

(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 REQUIREMENTS

(1)This Appendix is inserted into the award/industrial agreement as a result of legislation which came into effect on 16 January 1996 (Industrial Relations Legislation Amendment and Repeal Act 1995) and further varied by legislation which came into effect on 23 May 1997 (Labour Relations Legislation Amendment Act 1997).

(2)Any dispute or grievance procedure in this award/industrial agreement shall also apply to any questions, disputes or difficulties which may arise under it.

(3)With effect from 22 November 1997 the dispute or grievance procedures in this award/industrial agreement is hereby varied to include the requirement that persons involved in the question, dispute or difficulty will confer among themselves and make reasonable attempts to resolve questions, disputes or difficulties before taking those matters to the Commission.

SCHEDULE

SIGNATORIES

We, the undersigned, hereby agree to be a party to the Laboratory Assistants Traineeship (Metana Minerals) Agreement.

Signed at 161 Great Eastern Highway on this Fifteenth

day of February 1991

for and on behalf of the Employer METANA MINERALS

of as above

byROBERT GREGORY

(name in block letters)

R. Gregory

(Signature)

in the presence ofJANE LAWS

(Name in block letters)

Jane Laws

(Signature of Witness)

The undersigned person being a duly authorised representative of the Association of Draughting, Supervisory and Technical Employees, WA Branch, hereby acknowledges the Union's agreement to the abovenamed party being a party to this agreement signed for and on behalf of the Union by:

TIMOTHY HODGSONT. Hodgson

(Name in block letters)(Signature)

on this Twenty seventh day of February 1991

at Perth in the state of Western Australia.

V A R I A T I O N R E C O R D

LABORATORY ASSISTANTS TRAINEESHIP

(METANA MINERALS) AGREEMENT

NO AG 6 of 1991

Delivered 22/07/91 at 71 WAIG 2069

Consolidated at

CLAUSEEXTENT OFORDEROPERATIVEGAZETTE

NO.VARIATIONNO.DATEREFERENCE

1. Title