Apprentice Wages and Conditions
Apprentice wages and conditions as at September 2011
APPRENTICES WAGES AND CONDITIONS
AT SEPTEMBER 2011
PART 1: PRELIMINARY
1.1 Title
This Agreement WAS FORMERLY known as the Queensland Apprenticed
Jockeys Certified Agreement 2005.
1.2 Agreement Coverage
This Agreement shall apply to the Racing Queensland, the
Australian Trainers Association, the Australian Jockeys Association
and ALL employers and apprentice jockeys permitted to ride in the
state of Queensland and Apprentice Jockeys employed under a
training contract registered in the State of Queensland whether or
not those apprentice jockeys are members of Australian Jockeys
Association.
1.3 Date of Operation
1.4 Agreement Posting
A true copy of this Agreement shall be available on site or shall
be provided by the employer to the apprentice upon request.
1.5 Definitions
'Apprentice' shall mean shall mean an employee
employed as an apprentice jockey by a registered trainer,
corporation OR group training employer approved by the Principal
Racing Authority while the apprentice holds a licence or permit as
a Queensland Apprentice jockey or visiting apprentice jockey
including:
Metropolitan apprentice
- permitting the holder to ride at any race meeting.
Provincial apprentice -
permitting the holder to ride at any race meeting other than a
Metropolitan race meeting.
Trainee apprentice -
permitting the holder, subject to attaining an assessed level of
competence, to ride trackwork and in any official trial but not in
a race.
Country apprentice -
permitting the holder to ride at any race meeting other than a
Metropolitan or Provincial race meeting,
and who is engaged in an approved, signed and continuing training
contract. Except that the Principal Racing Authority may also
approve an international apprentice under the above classes of
license according to the policy for international apprenticeships
determined by the Principal Racing Authority.
'Competencies' shall mean the appropriate level
of competency attained by the apprentice in accordance with the
relevant competency standards.
'Competency Based Training' is a way of
approaching vocational education and training that places primary
emphasis on what a person can actually do as a result of training
(outcome) and as such represents a shift away from an emphasis on
the process and time involved in training (the inputs).
'Course of Instruction' shall mean the training
programs and/or training packages approved from time to time by
Racing Queensland or its successor including the minimum
training requirements.
'Employer' shall bear the meaning given to that
term in the 'IR Act'.
'Full-Time apprentice jockey' means a weekly
apprentice jockey engaged to work the full time hours as described
in clause 4.1.
'Horse training industry' shall be defined as
the business, calling or occupation in or in connection with the
training and preparation of horses for the Horse Racing Industry
including the Trotting and Harness Racing Industries and covers the
functions of pre-training, grooming, feeding, handling, stabling
and exercising of horses and the cleaning, care and maintenance of
stables and associated training equipment and the caring of and
leading in of horses at race meetings.
'IR Act' shall mean the Industrial Relations
Act 1999 as amended or any successor legislation.
'Integrated Training Program' shall mean the
combination of industry training and school curriculum where the
training program involves the obtaining of a nationally recognised
qualification meeting a specified package of endorsed standards,
within an Approved Training Scheme.
'Part-time apprentice' shall mean a apprentice
who undertakes a apprenticeship on a part-time basis by working
less than full-time ordinary hours and by undertaking the course of
instruction at the same or greater training period as a full-time
apprentice. In addition, a part-time apprentice shall have
reasonably predictable hours of work, and shall be rostered to work
on a regular and continuous basis as provided on clauses 2.1 (6)
and 4.5.
'Racing Queensland' shall be the Principal
Racing Authority in Queensland and shall apply the powers and
responsibilities as delegated by the 'Training Employment
Recognition Council' under the 'VETE Act'. It shall also include
any powers and responsibilities given in terms of successor
legislation.
'Rules of Racing' for this agreement shall mean
Rules of Racing of the Racing Queensland Board and the
Australian Rules of Racing as adopted by the Australian Racing
Board - as amended from time to time.
'School based apprenticeship' shall mean a
full-time student undertaking a combination of secondary schooling,
an integrated training program and employment with an employer
which meets the criteria defined in clause 2.1 (7) of this
agreement.
'Training Agreement' shall bear the meaning
contained in the 'VETE Act'.
'Training Record' shall bear the meaning
contained in Division 3 of Part 3 the Regulation to the 'VETE
Act'.
'VETE Act' shall mean the Vocational Education,
Training and Employment Act 2000 as amended or any successor
legislation.
PART 2: TERMS AND CONDITIONS OF EMPLOYMENT
2.1 Contract of Employment
(1) An apprentice jockey shall not be engaged in Queensland
other than in accordance with the 'Rules of Racing'.
(a) the apprentices shall be engaged as either:
(i) full time;
(ii) part-time; or
(iii) school based
(b) at an established or agreed progression
level;
(c) for regular ordinary hours of duty per
week;
(d) at the agreed rate of pay, and
(e) from date of the registered training
agreement.
(2) Probation Period
(a) All new apprentice jockey will undergo a
probationary period which shall be a maximum of 90 days duration.
During this period, the contract parties shall assess
the suitability for continuance of the training
contract with a view to its completion.
(b) Prior to the commencement of the probationary
period, a proposed apprentice jockey shall be required to undertake
a competency suitability assessment conducted by Queensland
Racing.
(c) The contract may be terminated during the
probationary period with five days notice given by either side or
payment in lieu thereof and must be notified to Queensland Racing
in writing by the employer within 14 days of such
termination.
(d) Parties may seek extension of the probationary
period (maximum additional period 90 days) provided the application
for such extension is made in writing to Queensland Racing prior to
the expiry of the initial probationary period.
(3) Cancellation - mutually agreed
Cancellation of a training contract after probation may occur by
mutual agreement in writing forwarded to Racing
Queensland which states the reason for such agreed
cancellation and specifies the date from which the cancellation
will take effect.
(4) Cancellation sought by the employer OR apprentice
Cancellation of a training contract after probation and other than
by mutual agreement OR by reason of serious misconduct shall
require a written application stating the grounds for such
cancellation and the parties shall continue perform their
respective obligations under the contract until the application is
investigated and determined by Racing Queensland. Any resultant
cancellation will in no case be earlier than 14 days from a show
cause to the respondent party who may within that period provide
reasons why the contract should not be cancelled.
(5)Serious misconduct cancellation.
Where a party seeks to end the contract for serious misconduct the
aggrieved party:
(a) Shall inform the other party that the contract
has been suspended by reason of the alleged serious misconduct and
cancellation will be sought;
(b) Shall within 24 hours provide written notice to
the other party stating the nature of the alleged serious
misconduct and the intention to seek cancellation of the contract
by reason of that alleged serious misconduct;
(c) Shall within a further 24 hours forward a copy of
that advice to Racing Queensland together with an
application to cancel the training contract;
(d) The contract shall be temporarily suspended
during investigation;
(e) Racing Queensland shall promptly
investigate and determine whether the evidence supports the
allegation of serious misconduct;
(f) Where the investigation sustains the allegation
the contract shall be cancelled with effect from the time of the
suspension subject to the show cause process; and
(g) Where the allegations of serious misconduct are
not sustained, the contract shall continue.
(6) Part time Apprentices
(a) A part-time apprentice is a weekly hired
apprentice who works a constant number of hours per week less than
the ordinary hours prescribed for full-time apprentices.
(b) A part time apprentice engaged before or after
the introduction of this Agreement will continue to be engaged on
part-time arrangements in accordance with this Agreement and the
policy and decisions of the Training Employment Recognition Council
and be remunerated at the hourly rate provided in clause 3.1.
(c) Each engagement for work by a part time
apprentice shall be a period of not less than two hours.
(d) In accordance with the policy of the Training
Employment Recognition Council, the ordinary hours of work,
including training in the workplace and supervised training, for a
part-time apprentice shall average not less than 15 hours per week
over each 4 week period throughout the duration of the training
contract.
(e) All the provisions of this Agreement shall apply
to part time apprentices on a pro rata basis in respect of annual
leave, sick leave, accruals towards long service leave and public
holidays.
(7) School Based Apprentices
(a) School-based apprenticeship arrangements must
meet all of the following criteria:
(i) Enrolment in a registered
government or accredited non-government school;
(ii) Attendance at school, work and
training;
(iii) A training contract which
links to this agreement and is signed by the employer, the
apprentice and the apprentice's guardian where the apprentice is
under 18 years of age;
(iv) Completion of an Education,
Training and Employment Schedule, negotiated by the supervising
registered training organisation, that must by signed by the
Principal of the school where the student is enrolled. The
Education, Training and Employment Schedule must demonstrate that
the student is participating in work and/or training as part of
their school timetable or curriculum;
(v) Progress towards the attainment
of senior certificate or equivalent and/or a vocational
qualification;
(vi) Wages paid for the time spent
in productive work in the workplace; and
(vii) A minimum of 48 days of paid
work in any 12 month period from the date of commencement of the
school-based apprenticeship, unless otherwise approved by the
Training Employment Recognition Council.
(b) Each engagement for work by a school based
apprentice shall be a period of not less than two hours.
(c) When a student ceases to be enrolled in a school
offering secondary courses and the student has not completed the
apprenticeship, they shall continue as an apprentice in accordance
with the training contract and this agreement on either a full-time
or part-time basis. They shall also be paid and receive all
entitlements in accordance with legislation, orders or this
agreement.
2.2 Abandonment of Employment
(1) Where an apprentice fails to attend work and the apprentice
does not notify the employer of the non-attendance, the employer
shall make at least three attempts to locate the apprentice to
establish the apprentice's whereabouts or employment intentions.
Each attempt made by the employer to contact the apprentice shall
be documented and such attempts shall be made during a one week
period.
(2) Where the employer has not located the apprentice after a
period of two weeks and the apprentice has not notified the
employer, the employer shall, unless earlier written notification
to Racing Queensland has occurred, notify Racing
Queensland in writing that the apprentice has abandoned
his/her employment. Where the contract is consequently cancelled,
any monies owed shall be forwarded to the last known address of the
apprentice.
(3) Provided that, where an apprentice presents for work after a
period of two weeks and provides the employer and Racing
Queensland with reasons constituting an exceptional
circumstance for the un-notified absence, the apprentice will be
deemed to have not abandoned their employment and shall retain all
continuity of service entitlements.
2.3 Time and Wages Records
(1) The employers shall keep and have available a complete
record of all apprentice jockeys subject to this Agreement who are
for the time being employed by them or who were in their employment
at any time during the period of six years immediately preceding,
showing their designation, rates of wages and times of starting and
ceasing work.
(2) Such record shall be open to inspection during working hours
by stipendiary stewards of Racing Queensland or officers authorised
in writing by the Principal Racing Authority or the stipendiary
stewards to inspect those records.
(3) Time-sheets or time books shall be provided by the
employers, wherein apprentice jockeys shall enter daily their
starting and ceasing time.
2.4 Payment of Wages & Payslips
(1) All wages must be paid in full by cash/cheque/electronic
funds transfer into an account nominated by the apprentice at least
fortnightly and on the agreed day.
(2) On the cancellation of employment, within 2 working days,
the employer shall, pay all wages and accrued entitlements that are
owed to the apprentice. Where the employer fails to comply they
shall be liable to pay the apprentice waiting time calculated
according to ordinary rostered hours until the monies are paid.
2.5 Grievance Procedures
(1) It is agreed that every effort shall be made to amicably
settle any dispute or grievance which may arise by direct
negotiations and consultation.
(2) The intention of this procedure is to facilitate the
expedient resolution of grievances at the workplace level.
(3) The matters to be dealt with in this procedure shall include
all grievances or disputes between an apprentice and the employer
in respect to any industrial matter and any other matters agreed
upon. The procedure shall apply to a single apprentice or any
number of apprentices.
(a) Any apprentice or apprentices with an enquiry,
grievance or complaint regarding any aspect of the employment of
such apprentice or apprentices shall raise the matter or matters
with the immediate work supervisor.
(b) If the matter cannot be resolved at this level,
then the apprentice/s shall discuss the matter or matters affecting
the apprentice/s with the next higher level of management.
(c) If the matter remains unresolved, the employer
shall ensure that the matter is recorded in writing and the
apprentice/s may involve an Official of Racing Queensland in the
first instance, and thereafter and Officer of the Department of
Employment and Training or an accredited representative appointed
in writing by the apprentice.
(d) If agreement has not been reached within two days
(or a mutually agreed longer period), then the employer and the
appointed representative of the apprentice shall take all
reasonable steps to settle the dispute within a reasonable and
mutually agreed upon period of time.
(e) Should discussions under subclause (3) (a), (b)
and (c) and (d) above fail to resolve the matter; the dispute may
be referred to the Queensland Industrial Relations
Commission.
(f) While the above procedure is being followed, the
status quo shall prevail and every endeavour shall be applied to
ensure that work continues normally, if safe, until settlement is
reached. No party shall be prejudiced as to the final settlement by
the continuance of work in accordance with this subclause.
(g) These procedures will not restrict an employer or
duly authorised official of an employer, or a duly authorised
official appointed in writing by the apprentice , from making
representation to each other.
(h) All parties shall give due consideration to
matter raised or any suggestions or recommendations made by an
Industrial Commissioner with a view to the prompt settlement of a
dispute.
(i) Any Order of the Queensland Industrial Relations
Commission (subject to the parties right of appeal under the 'IR
Act') will be final and binding on all parties to the dispute.
2.6 Anti-Discrimination
(1) It is the intention of the parties to this Agreement to
achieve the principal object in section 3(c) of the 'IR Act', by
helping to prevent and eliminate discrimination on the basis of
sex, marital status, pregnancy, parental status, age, race,
impairment, religion, political belief or activity, trade union/s
activity, lawful sexual activity, and association with, or relation
to, a person identified on the basis of any of the above
attributes.
(2) Accordingly, in fulfilling their obligations under the
grievance and dispute settling procedures, the parties to the
Agreement must make every endeavour to ensure that neither the
Agreement provisions nor their operation are directly or indirectly
discriminatory in their effects.
(3) Nothing in this clause is to be taken to effect:
(a) any different treatment (or treatment having
different effects) which is specifically exempted under the
Anti-Discrimination Act 1991;
(b) an apprentice, employer or registered
organisation, pursuing matters of discrimination, including by
application to the Human Rights and Equal Opportunity Commission
and/or Anti-Discrimination Commission;
(c) the exemptions in Division 2 of the
Anti-Discrimination Act 1991.
PART 3: WAGES, PROGRESSION AND ALLOWANCES
3.1 Wage Rates
(1) Weekly and hourly wage rates shall be as provided in the
following table and shall be varied to accord changes in the
Tradesperson C10 rate provided in the Engineering Award - State
2002
(Southern Division Eastern District) and the loaded hourly rate
applicable to school-based apprentices as provided in the Order -
Apprentices' and Trainees' Wages and Conditions (Excluding Certain
Queensland Government Entities) 2003.
(2) The table below details the rates applicable at 1st
September 2011.
Part time rates (min 15 hrs / wk), Full Time (38hr / wk)
|
Level of training
|
% of C10
|
Weekly
|
Part Time
|
School based
|
|
|
|
|
Per hour 38 hours
|
Per hour incl 20% loading
|
|
1st year or L1
|
40%
|
$274.50
|
$7.20
|
$8.65
|
|
2nd year or L2
|
55%
|
$377.40
|
$9.95
|
$11.90
|
|
3rd year or L3
|
75%
|
$514.65
|
$13.55
|
$16.25
|
|
4th year or L4
|
88%
|
$603.85
|
$15.90
|
$19.05
|
|
5th year or L5
|
100%
|
$686.20
|
$18.05
|
$21.65
|
(3) Existing employees
(a) An "existing employee" means a person who has
been employed by an employer in a previous position in a calling,
or classification, relevant to the apprenticeship for at least
three months on a full-time basis OR six months on a regular and
ongoing part-time or casual basis immediately prior to becoming an
apprentice with that employer.
(b) An existing employee shall be required to serve a
probationary period in accordance with the Vocational Education,
Training and Employment Act 2000, as amended from time to time;
however, they shall be entitled to reinstatement in their previous
position in circumstances provided by Section 139A of the
Industrial Relations Act1999, as amended from time to time.
(c) When existing employees commence an
apprenticeship, the employer shall endeavour to minimise any
adverse affects on other employees. Additionally, such other
employees shall not be displaced from or disadvantaged in their
employment by the engagement of new apprentices.
(d) Existing employees who have been employed by an
employer immediately prior to becoming an apprentice with that
employer shall not suffer a reduction in their ordinary hourly rate
of pay by virtue of becoming an apprentice:
Provided that existing employees who were casually engaged prior
to becoming employed as a full-time or part-time apprentice shall
not be entitled to retain their casual loading.
(e) An existing employee shall maintain continuity of
employment despite having entered into an apprenticeship.
(f) Existing employees whose apprenticeship is
completed and subsequently remain in their employer's employ, shall
revert to employment at least equal in status to the classification
held prior to the commencement of their apprenticeship.
(4) Adult Apprentices
Where an adult person becomes an apprentice, and they were not
employed by the employer immediately prior to becoming an
apprentice, the minimum rate of pay shall be as follows:
(a) New Adult Apprentices:
|
Wage level
|
Total weekly rate payable
|
|
1
|
75% of the 5th Level rate in 3.1(2)
|
|
2
|
80% of the 5th Level rate in 3.1(2)
|
|
3
|
84% of the 5th Level rate in 3.1(2)
|
|
4
|
90% of the 5th Level rate in 3.1(2)
|
3.2 Progression
Wage progression shall accredit experience and competency
attainments in previous contracts allowing progression though the
wage levels as detailed in the following tables.
Progression Table
|
Wage Level
|
Minimum Training Requirements on Entry
|
% of Tradesperson's Rate Specified in the Engineering Award -
State 2002 (Southern Division Eastern District)
|
|
1
|
From commencement until the attainment of the minimum training
requirements specified for Wage Level 2
|
40
|
|
2
|
On attainment of the following
|
55
|
|
3
|
On attainment of the following
- 25 competency points
- And completion of an aggregated period of twenty-four
months after commencing
|
75
|
|
4
|
On attainment of the following
- 40 competency points
- And completion of an aggregated period of thirty-six
months after commencing
|
90
|
|
5
|
On attainment of the following
- 55 competency points
- And completion of an aggregated period of forty-eight
months after commencing
|
100
|
Table of Competencies and Points Units One point Units
Two points Units Three points
|
Units one point
|
Units two points
|
Units three points
|
|
Code
|
Title
|
Competency points
|
|
RGRCMN201A
|
Follow OHS procedures and observe environmental work
practices
|
1
|
|
RGRCMN001A
|
Comply with the rules of racing and related protocols
|
1
|
|
RGRCMN202A
|
Achieve requirements for industry induction
|
1
|
|
HLTFA301B
|
Apply first aid
|
1
|
|
PUACOM001B
|
Communicate in the workplace
|
1
|
|
RGRPSH201A
|
Handle horses
|
1
|
|
RGRPSH202A
|
Assist with transportation of horses
|
1
|
|
RGRPSH205A
|
Perform basic riding tasks
|
1
|
|
RGRPSH206A
|
Develop riding skills for flatwork
|
1
|
|
RGRPSH207A
|
Perform stable duties
|
1
|
|
RGRPSH208A
|
Attend horses at trackwork
|
1
|
|
RGRPSH209A
|
Attend horses at race meetings and trials
|
1
|
|
BSBITU203A
|
Communicate electronically
|
1
|
|
RGRCMN003A
|
Manage personal health and fitness
|
2
|
|
RGRPSH304A
|
Identify factors that affect racehorse performance
|
2
|
|
RGRPSH306A
|
Develop basic trackwork riding skills
|
2
|
|
RGRPSH307A
|
Exercise horses in pacework
|
2
|
|
RGRPSH404A
|
Ride horses at trackwork
|
2
|
|
RGRPSH405A
|
Ride horses in jump outs
|
2
|
|
SRXGRO002A
|
Deal with conflict
|
3
|
|
RGRPSH310A
|
Prepare for self-management in racing
|
3
|
|
RGRPSH407A
|
Educate thoroughbred horses for racing
|
3
|
|
RGRPSH413A
|
Prepare for race riding
|
3
|
|
RGRPSH414A
|
Ride horses in trials
|
3
|
|
RGRPSH415A
|
Ride horses in races
|
3
|
|
RGRPSH417A
|
Participate in protests, inquiries and appeals
|
3
|
|
RGRPSH418A
|
Set goals to improve racing performance
|
3
|
|
RGRPSH419A
|
Manage principles of sports science for jockeys
|
3
|
|
RGRCMN402A
|
Participate in media interviews for racing
|
3
|
3.3 School Based Apprentice Loading
School based apprentices shall be entitled to the relevant hourly
rate that would apply to a full-time apprentice. Provided that
school based apprentices shall be subject to an additional loading
of 20% on the base hourly rate in lieu of the following
entitlements as provided for in the Agreement:
(i) annual leave;
(ii) sick leave; and
(iii) public holidays.
School based apprentices shall only be remunerated for time worked
in on-the-job training:
Provided that while a apprentice is predominantly attending a
secondary school as a full-time student, the apprentice shall not
be entitled to wages or any other entitlements prescribed for the
time spent attending a secondary school and/or college of any
Approved Training Provider.
3.4 Allowances
(1) Travelling allowance
(a) Where an apprentice is required to work for their
employer at more than one location during his or her working day
the time occupied in travelling between locations, shall be counted
as ordinary time worked. Such travelling time between locations
shall be counted for the purpose of the two hour minimum engagement
provided for part-time and school based apprentices. This shall not
include incidences where the apprentice other work location relates
to race riding (excluding strapping).
(b) Where an apprentice is directed to work for the
employer away from the usual work location/s the employer must
provide suitable transport or pay a daily travelling allowance to
compensate for the excess fares incurred by the apprentice.
Provided this payment shall not be made where an apprentice already
receives reimbursement in accordance with subclause (2).
(c) Provided further that the provisions of this
subclause shall not apply to travel to a second engagement where
the riding performed is not work directly performed for the
employer.
(2) Vehicle Allowance
Where an apprentice is required by the employer to use a motor
vehicle to carry heavy or bulky equipment on the employer's
business, the motor vehicle will be provided by the employer or if
supplied by the apprentice, the apprentice will be reimbursed each
week for reasonable operating costs incurred by the apprentice. For
the purpose of this clause, "heavy or bulky equipment" could
include feed, but shall not include small or light items.
(3) Transport allowance An apprentice who is required to attend
a race meeting to perform strapping but not riding duties on behalf
of his employer shall, if the horse is floated, be reimbursed an
amount equal to the cost of fares reasonably spent by the
apprentice in travelling from the apprentice's usual place of work
to the race meeting. Provided that the employer is not required to
reimburse the apprentice where the apprentice is supplied with
transport between such race meeting and the usual place of
employment.
(4) Meal allowances
(a) In addition to entitlements under
(1) hereof, an apprentice shall
be paid $9.40 for the cost of each meal, provided that where the
employer supplies the meal no such meal payment shall be made.
(b) An apprentice required to work overtime for
more than two hours without being notified on the previous day or
earlier that the apprentice will be so required to work shall be
paid an allowance of $9.40 for each meal
(5) Overnight allowance Where in the course of the employment an
apprentice is required to live and sleep at some place other than
the apprentice's normal place of residence or where an apprentice
is required by the employer to travel, the apprentice shall be paid
his reasonable out-of-pocket expenses before leaving the employer's
premises.
(6) Protective clothing and footwear
(a) Where it is necessary that an apprentice wear
gum boots, waterproof coats, waterproof half-coats and waterproof
trousers, the employer must reimburse the apprentice for the costs
of purchasing such clothing. The provisions of this clause do not
apply where the protective clothing is supplied by the
employer.
(b) Where protective clothing is supplied without
cost to the apprentice, it will remain the property of the
employer. In the event of an apprentice leaving or being employed
where such clothing is not required, the protective clothing shall
be returned to the employer in good condition, fair wear and tear
excepted.
(7) Boots, Scull Cap and Body Protector Allowance Every
apprentice shall be paid an allowance by way of subsidy of $5.35
per week in lieu of riding boots, skull caps and body protector and
each apprentice shall provide a suitable skull cap, body protector
and riding boots as required.
3.5 Superannuation
(1) Application
In addition to the rates of pay prescribed in clause 3.1 and 3.3,
eligible apprentices (as defined in clause 3.5(3)(b)) shall be
entitled to occupational superannuation benefits, subject to the
provisions of clause 3.5.
(2) Contributions
(a) Amount - Every employer shall contribute on
behalf of each eligible apprentice, an amount calculated at 9% of
the apprentice's ordinary time earnings, into an approved fund (as
defined in clause 3.5(3)(a)). Each such payment of contributions
shall be rounded off to the nearest 10 cents.
(b) Regular payment - The employer shall pay such
contributions to the credit of each eligible apprentice at least
once each calendar month or in accordance with the requirements of
the approved fund trust deed.
(c) Minimum level of earnings - No employer shall be
required to pay superannuation contributions on behalf of any
eligible apprentice whether full-time, part-time, casual, adult or
junior in respect of any month during which the apprentice's
ordinary time earnings is less than $450.00.
(d) Absences from work - Contributions shall continue
to be paid on behalf of an eligible apprentice during any absence
on paid leave such as annual leave, long service leave, public
holidays, sick leave and bereavement leave, but no employer shall
be required to pay superannuation contributions on behalf of any
eligible apprentice during any unpaid absences except in the case
of absence on workers' compensation. In the case of workers'
compensation, the employer shall contribute in accordance with
clause 3.5(2)(a) whenever the apprentice is receiving by way of
workers' compensation an amount of money no less than the
apprentice's normal agreement rate of pay.
(e) Other contributions - Nothing in clause 3.5 shall
preclude an apprentice from making contributions to a fund in
accordance with the provisions of the trust deed of the fund.
(f) Cessation of contributions - An employer shall
not be required to make any further contributions on behalf of an
eligible apprentice for any period after the end of the ordinary
working day upon which the contract of employment ceases to
exist.
(g) No other deductions - No additional amounts shall
be paid by the employer for the establishment, administration,
management or any other charges in connection with the fund other
than the remission of contributions as prescribed in clause
3.5.
(3) Definitions
(a) "Approved fund" means a fund (as defined in
clause 3.5(3)(c)) approved for the purposes of clause 3.5 by the
Commission as one to which occupational superannuation
contributions may be made by an employer on behalf of an
apprentice, as required by clause 3.5. Such approved fund may be
individually named or may be identified by naming a particular
class or category.
(b) "Eligible apprentice" means any apprentice who
has been employed by the employer during 5 consecutive weeks and
who has worked a minimum of 50 hours during that period. After
completion of the above qualifying period, superannuation
contributions shall then be made in accordance with clause 3.5 (2)
effective from the commencement of that qualifying period.
(c) "Fund" means a superannuation fund satisfying the
Commonwealth legislation for occupational superannuation funds and
satisfying the superannuation fund conditions in relation to a year
of income, as specified in the relevant Act and complying with the
operating standards as prescribed by Regulations made under the
relevant Act. In the case of a newly established fund, the term
shall include a superannuation fund that has received a notice of
preliminary listing from the Insurance and Superannuation
Commissioner.
(d) "Ordinary time earnings" for the purposes of
clause 3.5 means the actual ordinary time rate of pay the
apprentice receives for ordinary hours of work including school
based apprentice loading, where applicable. The term includes any
over-agreement payment received for ordinary hours of work.
Ordinary time earnings shall not include overtime, disability
allowances, commission, bonuses, lump sum payments made as a
consequence of the termination of employment, annual leave loading,
penalty rates for public holiday work, fares and travelling time
allowances or any other extraneous payments of a like nature.
(4) For the purposes of this Agreement, an approved fund means
-
(a) Sunsuper
(b) Any named fund as is agreed to and is authorised
as defined in the Occupational Superannuation Standards Act 1987
and satisfies the superannuation fund conditions in relation to a
year of income, as specified in that Act and complies with the
operating standards as prescribed by Regulations made under that
Act. In the case of a newly established fund, the term shall
include a superannuation fund that has received a notice of
preliminary listing from the Insurance and Superannuation
Commissioner.
(c) In the case of a minority group of apprentices of
a particular employer, any industry, multi-industry or other fund
which has been approved in an award or an agreement approved by an
Industrial Tribunal whether State or Federal jurisdiction which has
already had practical application to the majority of employees of
that employer.
(d) As to apprentices who belong to the religious
fellowship known as the Brethren, who hold a Certificate issued
pursuant to section 115 of the Industrial Relations Act 1999 and
are employed by an employer who also belongs to that fellowship,
any fund nominated by the employer and approved by the
Brethren.
(e) Any fund agreed between an employer and an
apprentice who holds a Certificate issued pursuant to section 115
of the aforesaid Act where membership of a fund cited in an
agreement or award would be in conflict with the conscientious
beliefs of that apprentice in terms of section 115 of the aforesaid
Act.
(f) In relation to any particular employer, any other
established fund to which that employer was already actually making
regular and genuine contributions in accordance with clause 3.5 (2)
on behalf of at least a significant number of that employer's
apprentices.
(g) The employer and apprentice may agree to have the
apprentice's superannuation contributions made to an approved
superannuation fund, other than those specified in this
Agreement.
(i) Any such agreement must be
recorded in writing and signed by the employer and apprentice and
kept on the apprentice's file.
(ii) A person must not coerce
someone else to make an agreement.
(iii) Such agreement, where made,
will continue until such time as the employer and apprentice agree
otherwise, and shall be made available to relevant persons for the
purposes of sections 371 and 373 (inspection of time and wage
records) of the aforesaid Act.
(iv) Any dispute arising out of
this process will be handled in accordance with the grievance and
dispute settling procedure as contained in clause 2.5.
(5) Challenge of a fund
(a) An eligible apprentice being a member or a
potential member of a fund may by notification of a dispute to the
Commission challenge a fund on the grounds that it does not meet
the requirements of clause 3.5.
(b) Notwithstanding that the Commission determines
that a particular fund does not meet the requirements of clause
3.5, the Commission may in its discretion and subject to any
recommendation, direction or order it may make, recognise any or
all of the contributions previously made to that fund as having met
the requirements or part thereof of clause 3.5(2) up to and
including the date of that determination.
(c) In the event of any dispute over whether any fund
complies with the requirements of clause 3.5, the onus of proof
shall rest upon the employer.
(6) Fund selection
(a) No employer shall be required to make or be
prevented from making, at any one time, contributions into more
than one approved fund. Such fund, other than a fund referred to in
clauses 3.5(4) (c), (d), (e), (f) and (g) shall be determined by a
majority decision of employees.
(b) Employees who are members of an established fund
covered by clause 3.5(4)(f) shall have the right by majority
decision to choose to have the contributions specified in clause
3.5(2) paid into a fund as provided for elsewhere in clause 3.5(4)
in lieu of the established fund to which clause 3.5(4)(f) has
application.
(c) The initial selection of a fund recognised in
clause 3.5(4) shall not preclude a subsequent decision by the
majority of employees in favour of another fund recognised under
that clause where the long term performance of the fund is clearly
disappointing.
(d) Where clause 3.5(6) has been utilised and as a
result another approved fund is determined, access to a further
re-appraisal of the fund for the purpose of favouring yet another
fund shall not be available until a period of 3 years has elapsed
after that utilisation.
(7) Enrolment
(a) Each employer to whom clause 3.5 applies shall as
soon as practicable as to both current and future eligible
apprentices:
(i) Notify each apprentice of the
apprentice's entitlement to occupational superannuation;
(ii) Consult as may be necessary to
facilitate the selection by employees of an appropriate fund within
the meaning of clause 3.5(4);
(iii) Take all reasonable steps to
ensure that upon the determination of an appropriate fund, each
eligible apprentice receives, completes, signs and returns the
necessary application form/s provided by the employer, to enable
that apprentice to become a member of the fund; and
(iv) Submit completed application
form/s and any other relevant material to the trustees of the
fund.
(b) Each apprentice upon becoming eligible to become
a member of a fund determined in accordance with clause 3.5
shall:
(i) complete and sign the necessary
application form/s to enable that apprentice to become a member of
that fund; and
(ii) return such form/s to the
employer within 28 days of receipt of the application form/s in
order to be entitled to the benefit of the contributions prescribed
in clause 3.5(2).
(c) Where an employer has complied with the
requirements of clause 3.5(7)(a) and an eligible apprentice fails
to complete, sign and return the application form/s within 28 days
of the receipt by the apprentice of that form/s, then that employer
shall:
(i) advise the eligible apprentice
in writing of the non-receipt of the application form/s and further
advise the eligible apprentice that continuing failure to complete,
sign and return such form/s within 14 days could jeopardise the
apprentice's entitlement to the occupational superannuation benefit
prescribed by clause 3.5;
(ii) in the event that the eligible
apprentice fails to complete, sign and return such application
form/s within the specified period of 14 days be under no
obligation to make any occupational superannuation contributions in
respect of such eligible apprentice excepting as from any
subsequent date from which the completed and signed application
form/s is received by the employer;
(iii) in the event that the
eligible apprentice fails to return a completed and signed
application form/s within a period of 6 months from the date of the
original request by the employer, again advise that eligible
apprentice in writing of the entitlement and that the receipt by
the employer of a completed and signed application form/s is a
pre-requisite to the payment of any occupational superannuation
contributions;
(iv) at the same time as advising
the eligible apprentice pursuant to clause 3.5(7)(c)(iii) submit
both to the Chief Industrial Inspector, Brisbane a copy of each
letter forwarded by the employer to the eligible apprentice
pursuant to clauses 3.5(7)(c)(i) and 3.5(7)(c)(iii).
(d) Where an employer fails to provide an eligible
apprentice with an application form/s in accordance with clause
3.5(7)(a)(iii) the employer shall be obliged to make contributions
as from the date the apprentice became an eligible apprentice
provided that the eligible apprentice completes, signs and returns
to the employer an application form/s within 28 days of being
provided with the application form/s by the employer. Where the
eligible apprentice fails to complete, sign and return an
application form/s within such period of 28 days the provisions of
clause 3.5(7)(c) shall apply.
(8) Unpaid contributions
Subject to Chapter 11, Part 2, Division 5 of the Act and to clause
3.5(5), where the discretion of the Commission has been exercised,
should it be established that the employer has failed to comply
with the requirements of clause 3.5(2) in respect of any eligible
apprentice such employer shall be liable to make the appropriate
contributions retrospectively to the date of eligibility of the
apprentice, plus an amount equivalent to the rate of return those
contributions would have attracted in the relevant approved fund,
or as necessary a fund to be determined by the Commission under
clause 3.5(5), had they been paid on the due dates. The making of
such contributions satisfies the requirements of clause 3.5
excepting that resort to clause 3.5(8) shall not limit any common
law action which may be available in relation to death, disablement
or any similar cover existing within the terms of a relevant
fund.
(9) Exemptions
An employer may apply to the Commission for exemption from all or
any of the provisions of clause 3.5 in the following
circumstances:
(a) Incapacity to pay the costs associated with its
implementation; or
(b) Any special or compelling circumstances peculiar
to the business of the employer.
PART 4: HOURS OF WORK, FULL TIME, ROSTERS, PART TIME,
SCHOOL BASED, OVERTIME
4.1 Full Time Hours
(1) The ordinary hours of work for all weekly full time
apprentices shall be 38 hours per week to be worked within rostered
hours in five full days, or four full days and two half days,
Monday to Sunday. Provided that any Ordinary time worked on a
Sunday shall be paid for at the rate of time and one half.
(2) No full time apprentice shall be required to work after
twelve noon as part of the ordinary hours in any week on the two
days rostered as the weekly full time apprentice's two half-days
off during any particular working week.
(3) Provided further that by mutual (written) arrangement
between the apprentice and the employer, such days off may be
"banked" to enable the apprentice to accumulate a greater number of
consecutive rostered days off during each work cycle in order to
maximise quality leisure time. Such accumulated days rostered off
shall be taken no later than 6 months after the first rostered day
was due, or paid out on cancellation.
(4) Where with the permission of the employer, the apprentice
undertakes trials and/or race rides and is remunerated by persons
(including corporations) other than the employer, those
undertakings shall not be accounted as time worked for the
employer. The employer has obligations to enhance the skill
acquisition of the apprentice by allowing the apprentice to
undertake appropriate trails and/or race rides for other persons.
Where, by reason of those obligations, a full time apprentice is
unable to deliver the full 38 hours of work on behalf of the
employer, that employer shall be entitled to deduct payment for
each ordinary hour's work not performed by reason of those
undertakings.
4.2 Part time Apprentice's Minimum Daily Engagement - 4
weekly Minimum Hours
Each engagement for work by a Part Time apprentice on any one day
shall be a period of not less than two hours and shall average not
less than 15 hours per week over each 4 week period throughout the
duration of the training contract.
4.3 School Based Apprentice's Minimum Daily Engagement -
Annual Minimum Days worked
Each engagement for work by a school based apprentice on any one
day shall be a period of not less than two hours and a minimum of
48 days of paid work in any 12 month period from the date of
commencement of the school-based apprenticeship, unless otherwise
approved by the Training Employment Recognition Council.
4.4 Daily Maxima Hours of Work
A maximum of ten ordinary hours work per day may be worked
(exclusive of meal breaks) on any day and such ordinary hours are
to be worked within a spread of 12 hours of commencing work.
4.5 Overtime
(1) Rates of overtime
(a) Except as hereinafter provided all time worked
outside or in excess of the ordinary hours of work prescribed by
sub-clauses 4.1 and 4.5 or outside of any apprentice's rostered
hours shall be deemed to be overtime and shall be paid for at the
rate of time and a-half for the first three hours and double time
thereafter:
Provided that for the purposes of computing such overtime
payments, each day shall be exclusive of the preceding and
succeeding days except where an apprentice continues working
overtime past midnight whereupon all such time worked subsequent to
midnight shall be deemed to be work performed on the previous
day.
(b) All over time worked on a Sunday shall be paid
for at the double time.
(2) Conditions for working overtime
(a) No apprentice shall work overtime without the
permission of the employer, and payment for any overtime so worked
shall be claimed, adjusted and made at the next ensuing date of
payment of such apprentice. Overtime shall be deemed to be claimed
when it is entered in the time-book.
(b) Subject to clause 4.6 (2) (c) An employer may
require an apprentice to work reasonable overtime at overtime
rates.
(c) An apprentice may refuse to work overtime in
circumstances where the working of such overtime would result in
the apprentice working hours which are unreasonable having regard
to:
(i) any genuine risk to apprentice
health and safety;
(ii) the apprentice's personal
circumstances including any family responsibilities;
(iii) the needs of the workplace or
enterprise; and
(iv) the prior notice (if any)
given by - the employer of the overtime - and by the apprentice of
his or her intention to refuse it.
(3) Breaks between work days
(a) Apprentices who have worked so much overtime
between the close of their ordinary work on the one day and the
commencement of ordinary work on the next day so that the
apprentice has not at least ten consecutive hours off duty between
those times shall, subject to this subclause, be released after
completion of such overtime until the apprentice has had ten
consecutive hours off duty without loss of pay for ordinary working
time occurring during such absence. If, on the instructions of the
employer, such an apprentice resumes or continues work without
having had such ten consecutive hours off duty, the apprentice
shall be paid double rates until the apprentice is released from
duty for such period, and shall then be entitled to be absent until
the apprentice has had ten consecutive hours off duty without loss
of pay for ordinary working time occurring during such
absence.
(b) Provided that for the purpose of subclause (3)(a)
eight hours shall be substituted for ten hours where there is
written agreement reached between the apprentice and the employer
or where there is a change over of rosters.
(4) Time Off in Lieu
Notwithstanding the provisions of this clause, by agreement
between the apprentice and the employer, the apprentice may take
time off with pay in lieu of overtime. Such time off shall be
equivalent (1:1) to the number of ordinary hours worked. Such
agreement shall be recorded in writing in the time and wages
record. Accumulated time must be taken within six months from the
time of accrual and at a time mutually agreed between the
apprentice and the employer or paid out. At the time of termination
during probation or cancellation, for any reason, by either party,
any outstanding accrued overtime shall be paid out in full at
overtime rates.
(5) Part time Options
Hours worked in excess of a roster by permanent part time
apprentices by mutual agreement will be counted as ordinary time,
up to a maximum of 38 hours in any one week. All hours worked in
excess of a roster to a maximum of 38 hours shall be included in
the calculations for such things as annual leave and sick leave
etc.
4.6 Meal Breaks
(1) (a) Full-time apprentices shall be allowed a 30 minute unpaid
meal break after the end of the fourth hour of work and before the
start of the sixth hour of work from the commencement of daily
duty.
(b) Part-time and school based apprentices who work more than six
consecutive hours in one day shall be entitled to an unpaid meal
break of 30 minutes after the end of the fourth hour of work and
before the start of the sixth hour of work.
(2) Where apprentices do not receive at least a 30 minute break
commenced before the expiration of the sixth continuous hours of
work, then such apprentices are to be paid at one and a half times
their ordinary rate until a break of 30 minutes is taken or the
apprentice ceases work for that day.
4.7 Rest Pauses
(1) A full-time apprentice shall be entitled to a paid rest pause
of ten minutes duration in the first and second half of the
apprentice's daily work.
(2) A part-time or school based apprentice engaged for a period
in excess of four hours and for every four hour period thereafter
shall be entitled to a paid rest pause of 10 minutes duration.
(3) Provided that where the parties agree, such rest pause may
be combined into a 20 minute break and may be taken in conjunction
with the meal break to divide a rostered duty for the day into
approximately three equal parts.
(4) Rest pauses shall be taken at such times as will not
interfere with continuity of work where continuity is
necessary.
PART 5: LEAVE ENTITLEMENTS AND PUBLIC
HOLIDAYS
5.1 Annual Leave
(1) Every apprentice (other than a school based apprentice)
covered by this Agreement shall at the end of each year of their
employment be entitled to an annual leave of four weeks. Such
annual leave shall be exclusive of public holidays and paid for by
the employer in advance (subject to subclause (2) of this
clause).
If the employment of any apprentice's contract is cancelled at the
expiration of a full year of employment, the employer shall be
deemed to have given the leave to the apprentice from the date of
the cancellation of the contract and shall forthwith pay to the
apprentice in addition to all other amounts due, such pay
calculated in accordance with the subclause (2) hereof, for four
weeks.
If the employment of any apprentice is terminated during probation
or the contract is cancelled before the expiration of a full year
of employment, such apprentice shall be paid in addition to all
other amounts due to them, an amount equal to one-twelfth of the
ordinary pay for the period of employment calculated in accordance
with subclause (2) hereof.
A minimum of 14 days notice of the commencement of annual leave
shall be given to an apprentice unless otherwise agreed between the
parties.
Other than where the leave has become payable by one of the above
reasons for cessation of the training contract, payment shall only
be made when leave is actually taken.
(2) Calculation of Annual Leave Pay
Annual leave pay shall be calculated as follows:
(a) The apprentice's ordinary wage rate as prescribed
by the Agreement for the period of the annual leave.
(b) A further amount calculated at the rate of
seventeen and one-half per centum of the amounts referred to in
subclause (a) shall be included.
5.2 Sick Leave
(1) Every apprentice (other than a school-based apprentice) shall
be entitled to 60.8 hours sick leave for each year of service.
Provided that, after three months of service, an apprentice shall
be entitled to pro-rata sick leave calculated on the basis of 7.6
hours for each six weeks worked.
Part-time apprentices shall be entitled to the sick leave on a
pro-rata basis formula.
eg: Entitlement per week for full-time
apprentice
1.169
An apprentice who works 20 hours per week will be entitled to
0.615 hours sick leave per week =
20 x 1.169
38
= 0.615
(2) Unless otherwise agreed by the employer, every apprentice
shall:
(a) produce a certificate from a qualified medical
practitioner specifying the nature of the illness and the period or
approximate period the apprentice will be unable to work, or other
evidence of illness to the satisfaction of the employer; and
(b) promptly notify the employer (at least three
hours prior to the commencement of a rostered duty) unless
physically prevented from doing so, of the illness and the
approximate period of absence.
(3) Provided that it shall not be necessary for an apprentice to
produce such a certificate if the absence from work on account of
illness does not exceed two days. Where an apprentice has a record
of recurring absences or sick leave the employer shall, if it is
considered appropriate to take such action, inform such apprentice
that in the event of future absences a certificate will be required
from a duly qualified medical practitioner.
(4) Sick leave shall be cumulative, but unless the employer and
apprentice otherwise agree, no apprentice shall be entitled to
receive.
(5) (a) The continuity of employment of an apprentice with an
employer for sick leave accumulation purposes shall be deemed to be
not broken by any of the following:
(i) absence from work on leave
granted by the employer;
(ii) the apprentice having had
his/her contract cancelled or suspended by Racing Queensland,
or the apprentice having terminated employment with the employer,
for any period not exceeding three months, provided that apprentice
shall have been re-employed by that employer.
(b) The period during which the employment of the
apprentice with the employer shall have been interrupted or
determined in any of the circumstances mentioned in provision (a)
hereof shall not be taken into account in calculating the period of
employment of the apprentice with the Employer.
5.3 Absenteeism Procedure
(1) This procedure is designed to curtail absenteeism by
apprentices who are absent from work and who are not genuinely
unfit for duty.
(2) Every three months the Supervisor and/or Manager may review
the taking of sick leave of apprentices who have been absent from
work on sick leave more than three times during this period.
(3) The Supervisor and/or Manager will then have the following
matters examined:
(a) Check the pattern of leave for repetition, eg
Mondays, Fridays etc.
(b) Check past history of absences to see if this
pattern is unusual for the apprentice.
(c) Check with the apprentice's Supervisor (if
relevant) regarding knowledge of the apprentice's personal problems
or situation at the time that apprentice was absent, or whether it
was genuine absence for injury or sickness.
(d) The results of the above checks will be noted for
future information.
(e) If the results of the above examination show
unsatisfactory attendance and reasons for absence, then the
following actions should be taken.
(4) The apprentice shall be interviewed by a Manager, in the
presence of the apprentice's Supervisor. If the discussion in
respect to the absences does not provide satisfactory reason for
the absences then a letter shall be sent to the apprentice advising
that the apprentice's record needs to be improved.
(5) If no improvements is observed and absences without good and
sufficient reasons continue to occur then the apprentice shall
again be interviewed, and if the interview results in
unsatisfactory reasons again being given, then a second letter
shall be sent to the apprentice, indicating that proof of illness
or a certificate will be required for any further absence.
(6) If the above action still results in unsatisfactory
attendance at work then grounds may have been established for
cancellation of the training contract.
(7) These provisions shall apply to all categories of
apprentices.
5.4 Bereavement Leave
An apprentice shall on the death of a wife, husband, father,
mother, brother, sister, child, or step-child or grandparent be
entitled on notice to leave up to and including the day of the
funeral of such relation, and such leave shall be without deduction
of pay for a period not exceeding the number of hours worked by the
apprentice in two ordinary days of work. Proof of such death shall
be furnished by the apprentice to the satisfaction of his
employer.
For the purposes of this clause the words "wife" and husband"
shall include a person who lives with the apprentice as a de facto
wife or husband.
5.5 Carer's Leave
(1) An apprentice may use up to 5 days of sick leave on full pay
(carer's leave) in each year to care and support-
(a) members of the apprentice's immediate family when
they are ill; or
(b) members of the apprentice's household when they
are ill.
(2)The apprentice must, if required by the employer, produce a
doctor's certificate or statutory declaration evidencing that the
member is ill with an illness that requires care by another.
(3) An apprentice can not take carer's leave if another person
has taken leave to care for the same person.
(4) Carer's leave may be taken for part of a day.
(5) The apprentice must, if practicable, give the
employer-
(a) notice of the intention to take carer's leave
before taking the leave; and
(b) the name of the person requiring care and the
person's relationship to the apprentice; and
(c) the reason for taking the leave; and
(d) the period that the apprentice estimates he or
she will be absent.
(6) If it is not practicable for the apprentice to notify the
employer of the intention to take carer's leave before taking the
leave, the apprentice must notify the employer at the first
reasonable opportunity.
(7) An apprentice who may use sick leave as carer's leave may
take unpaid carer's leave if the employer agrees
5.7 Maternity Leave
An apprentice who becomes pregnant, upon production to her
employer of the certificate or statutory declaration shall be
entitled to a period of up to 52 weeks unpaid maternity leave
provided that such leave shall not extend beyond the child's first
birthday. This entitlement shall be reduced by any period of
parental leave taken by the apprentice's spouse in relation to the
same child and apart from parental leave of up to one week at the
time of confinement shall not be taken concurrently with parental
leave.
Subject to provision for transferring to safe job or use of sick
leave, the period of maternity leave shall be unbroken and shall,
immediately following confinement, including a period of six weeks
compulsory leave.
The apprentice must have has at least 12 months continuous service
with that employer immediately preceding the date upon which she
proceeds upon such leave.
5.8 Parental Leave
Parental leave generically encompasses long parental leave, short
parental leave or adoption leave. For the purpose of this clause
parental leave refers to leave taken by the spouse of the pregnant
or adoptive apprentice and is exclusive of maternity and adoption
leave. Parental leave is unpaid leave.
An apprentice, upon production to the employer of a certificate or
statutory declaration, shall be entitled to one or two periods of
parental leave, the total of which shall not exceed 52 weeks, in
the following circumstances:
(a) An unbroken period of up to one week at the time
of confinement of the spouse.
(b) A further unbroken period of up to 51 weeks in
order to be the primary caregiver of a child provided that such
leave shall not extend beyond the child's first birthday.
This entitlement shall be reduced by any period of maternity leave
or adoption leave taken by the apprentice's spouse and long
parental leave shall not be taken concurrently with that maternity
leave or adoption leave. The apprentice must have had at lease 12
months continuous service with that employer immediately preceding
the date upon which they proceed upon either period of leave.
5.9 Attending Court
(1) If an apprentice, for other than any form of misconduct
alleged to have been committed by the apprentice, is required
outside ordinary working hours to attend in connection with the
apprentices duties for the employer at any Tribunal or Court of
Justice, such apprentice shall be paid reasonable travelling time,
fares and ordinary rate of wages for the time of the Tribunal/Court
attendance.
(2) An apprentice required to attend Jury Service shall receive
from the employer by way of recompense any loss in wages incurred
by such apprentice during the period of Jury Service. Attending
Court as a Juror shall be deemed to be continuous employment with
the employer.
5.10 Public Holidays
(1) An apprentice (other than a school based apprentice) is
entitled to observe the following public holidays without loss of
pay:
New Years Day
Australia Day
Good Friday
Easter Monday
Easter Saturday
Anzac Day
Queen's Birthday
Show Day (in the location worked)
Christmas Day
Boxing Day
Labour Day
or any day appointed under the Holidays Act 1983.
(2) If an apprentice is required to work on a public holiday,
all time worked shall be paid for at the rate of double time and a
half with a minimum payment for two hours.
For the purposes of this provision "double time and a half" shall
mean the ordinary hourly rate plus an amount equal to one and a
half times the ordinary hourly rate.
(3) All apprentices covered by this Agreement shall be entitled
to be paid a full day's wages for Labour Day (the first Monday in
May or other day appointed under the Holidays Act 1983, to be kept
in place of that holiday) irrespective if any apprentice concerned
actually worked on Labour Day, such apprentice shall be paid a full
day's wage for that day and in addition a payment for the time
actually worked by them at one and a half times the ordinary rate
prescribed for such work with a minimum of two hours.
(4) Where an apprentice is absent from his/her employment on the
working day before or the working day after a public holiday
without reasonable excuse or without the consent of the employer,
the apprentice shall not be entitled to payment for the
holiday.
(5) Apprentices who do not work Monday to Friday of each
week
In the case of apprentices who do not ordinarily work Monday to
Friday of each week they shall be entitled to public holidays as
follows:
(a) A full-time apprentice shall be entitled to
either payment for each of the abovementioned public holidays or a
substituted day's leave.
(b) A part-time apprentice shall be entitled to
either payment for each of the abovementioned public holidays or a
substituted day's leave provided that the part-time apprentice
would have been ordinarily rostered to work on that day had it not
been a public holiday.
(c) Where a public holiday would have fallen on a
Saturday or a Sunday but is substituted for another day all
apprentices who would ordinarily have worked on such Saturday or
Sunday but who are not rostered to work on such day shall be
entitled to payment for the public holiday or a substituted day's
leave.
(d) Where Christmas day falls on a Saturday or a
Sunday and the public holiday is observed on another day an
apprentice required to work on Christmas day (i.e. 25 December)
shall be paid at the rate of double time if it is a Saturday and
double time and one-half if it is a Sunday.
(e) Nothing in this clause confers a right to any
apprentice to payment for a public holiday as well as a substituted
day in lieu.
PART 6 : MISCELLANEOUS PROVISIONS
6.1 Vaccinations
Employers party to this agreement agree that apprentices at the
following sites shall be entitled to vaccinations and booster shots
for any mandatory vaccinations required as part of a contract,
shall be fully subsidised for any cost associated:
To qualify for reimbursement the apprentice must remain in the
employ of the employer for a period of 90 days and produce a
receipt to prove an expense has been incurred.
6.2 No Disadvantage
No apprentice, as a result of the introduction of this Agreement,
shall be disadvantaged overall in relation to existing wages or
benefits currently paid.
6.3 Workplace Health and Safety
The parties to this agreement are committed to a safe and healthy
work environment. To this end the parties commit to the principles
outlined in the Workplace Health and Safety Act 1995 and will
manage risk by elimination, substitution, separation, redesign,
administration and personal protective equipment where appropriate.
The parties to this agreement recognise the important role that
Workplace Health and Safety Officers and Workplace Health and
Safety Representatives play in risk management and encourage
apprentices to elect workplace health and safety representatives at
their places of work.
6.4 Workplace Bullying
Workplace bullying is the repeated less favourable treatment of a
person by another or others in the workplace, which may be
considered unreasonable and inappropriate workplace practice.
Parties to this agreement acknowledge that workplace bullying may
cause the loss of trained and talented apprentices, reduce
productivity and moral and create legal risks. To this end parties
covered by this agreement will work through the grievance
procedures outlined in 2.4.
6.5 No Further Claims
The parties agree that there shall be no further claims of any
nature for the life of this agreement.
6.6 Apprenticeships
(1) Objectives of the Clause
The parties to this agreement recognise the need for training in
the industry.
The parties are, however aware of the potentially detrimental
effect of the absence of a single repository of comprehensive
industrial relations entitlements and of not implementing changes
properly in a price sensitive industry such as the racing industry.
To this end the parties agree to implement the agreement as a means
to providing apprentices with opportunities to enhance their skill
levels and future employment prospects.
(2)General
(a) The apprentice shall undertake all requirements
of the course of instruction.
(b) An apprenticeship shall not commence until the
relevant Apprenticeship Agreement has been signed by the employer
and apprentice and lodged for registration with Queensland
Racing.
(c) The employer shall ensure that the apprentice is
permitted to attend the training course or program provided for in
the Apprenticeship Agreement and shall ensure that the apprentice
receives the appropriate on-the-job training.
(d) The employer shall provide a level of supervision
in accordance with the Apprenticeship Agreement and training plan
during the apprenticeship period.
(e) The employer agrees that the overall training
program will be monitored by officers of the Queensland Racing and
a training record may be utilised as part of this monitoring
process.
(f) The apprentice must be permitted to be absent
from work without loss of wages and/or continuity of employment to
attend training in accordance with the Apprenticeship Contract and
the course of instruction as detailed in the training plan.
(g) Where employment of the apprentice is continued
other than as an apprentice in the event of cancellation of the
apprenticeship contract, the apprenticeship period shall be counted
as service for the purpose of any other legislative
entitlements.
(g) Difficulties in progression through the stages of
the course of instruction, will be addressed through the policy
of Racing Queensland and the processes of the 'VETE
Act'.
(h) Completion of the Approved Training Qualification
shall be based on the successful achievements of competencies and
minimum training requirements within the course of instruction
which may be specified within the Training Plan and Training
Record.
(i) The apprentice will diligently carry out all
duties and obey lawful orders and instructions the employer or
employer's representative including riding any horse in the
employer's charge or at the employer's discretion in any lawful
race within Australia.
(j) The apprentice, except where required by law or
under the 'Rules of Racing', shall not reveal to any person any
matter which takes place or occurs around the stables and premises
of the employer in connection with the employer's business or with
any horse under the employer's charge.
(k) The apprentice shall not ride in any race,
barrier trial, jumpout or trackwork or otherwise do any other work
for any other person without the prior consent of the
employer.
(l) The employer shall ensure that the apprentice
holds the appropriate licence or permit during the effective
operation of the training contract.
(m) The employer shall permit and encourage the
apprentice to lawfully ride the horses of others when the employer
considers that the apprentice has the necessary experience,
strength and ability and the apprentice is not fully engaged in
riding for the employer.
SIGNATORIES
Signed for and on behalf of all parties to the Agreement.
EMPLOYER PARTIES
DATE ….. / ……. / ………
TRAINER NAME …………………………. TRAINER SIGNATURE…………………………..
EMPLLOYER NAME (IF DIFFERENT) ………………………………………………………….
EMPLOYEE/APPRENTICE
APPPRENTICE NAME………………………………. SIGNATURE…………………..DATE ………
