TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of award

Federated Clerks Union of Australia, Tasmanian Branch
(T3782 of 1992)

CLERICAL AND ADMINISTRATIVE EMPLOYEES (PRIVATE SECTOR) AWARD

Insertion of Jobskills Trainee provisions

REASONS FOR DECISION

This application was to insert into the award provisions to regulate, for industrial relations purposes, the conduct of the Jobskills programme administered by the Federal Department of Employment, Education and Training (DEET). The programme had been designed to improve the long term employment prospects of people who have been unemployed for 12 months or more and was intended to broaden their employment experience and equip such people with new skills through work experience and training.

Mr. Grubb for the Federated Clerks Union of Australia, Tasmanian Branch (FCU) tendered as an exhibit an amended claim which set out:

(i) the proposed definition of a Jobskills Trainee;

(ii) a provision setting $280 as the weekly wage, for a Jobskills Trainee, and

(iii) A new clause setting out specific employment and training conditions for Jobskills Trainees.

The Commission was informed that a Jobskills Trainee is a person who undertakes training with an employer in accordance with the programme. As prerequisites to entry to the programme a Jobskills Trainee must:

(a) be registered with the C.E.S.;

(b) have been unemployed for a minimum of twelve months;

(c) be 21 years of age and over;

(d) have signed a training agreement before commencing employment; and

(e) be in receipt of a Social Security benefit and will not reach the age at which an age pension, under the Social Security Act, might be payable to the person during the training, or to the spouse of a person who fulfills the above criteria and who has been registered as unemployed for one month or more.

The wage rate of $280 per week has been determined by DEET as an appropriate training wage. This amount is to be paid by the employer, with funds provided by the Commonwealth.

The specific employment and training conditions agreed between the parties are as follows:

Employment Conditions

(i) A Jobskills Trainee shall be engaged for a period of 26 weeks as a full time employee.

(ii) A Jobskills Trainee position shall be additional to the number of staff members already employed and no employee or volunteer shall be displaced by a Jobskills Trainee.

(iii) The working hours of existing employees shall not be reduced as a result of the employment of a Jobskills Trainee.

(iv) Where the employment of a Jobskills Trainee is continued by the same employer after completion of a 26 week period, such 26 week period shall be counted as service for the purposes of this award.

(v) The overall training programme shall be monitored by a Jobskills Broker in accordance with the Jobskills Programme Guidelines.

(vi) Time spent "off-the-job" on training shall be allowed without loss of continuity of employment.

(vii) Under normal circumstances overtime shall not be worked by a Jobskills Trainee. However, when, during a training period in a particular office, department or section, overtime is undertaken in the operation of that office, department or section, overtime may be worked by the Jobskills Trainee. Where overtime is worked, the normal allowances and penalty rates shall apply. No Jobskills Trainee shall work overtime alone.

(viii) Preference in continuation of employment shall be given to Jobskills Trainees should vacancies occur at the successful completion of training.

(ix) The appropriate registered organisation of employees shall be afforded reasonable access to Jobskills Trainees, for the purposes of explaining the role and functions of the organisation and enrolment of the Jobskills Trainee as a member.

(x) Jobskills Trainees shall not perform higher duties unless in the course of their training.

(xi) The employer shall observe all other conditions of the award.

Training Conditions

(i) A Jobskills Trainee shall attend approved on-the-job and off-thejob training prescribed in the training agreement, signed by the employer and Jobskills Trainee.

(ii) A Jobskills Trainee shall receive, over a period of up to 26 weeks, a mix of supervised work experience, structured training on-thejob and off-the-job and the opportunity to develop and practice new skills in a work environment.

(iii) A Jobskills Trainee may only be engaged by employers to undertake activities under the Jobskills Programme Guidelines. The employer shall ensure that the Jobskills Trainee is permitted to attend the prescribed off-the-job training and is provided with appropriate on-the-job training.

(iv) The employer shall provide an appropriate level of supervision in accordance with the approved training programme contained in the training agreement.

Mr. Barry, from the Department, elaborated on the programme and described the duties and responsibilities of the Level 1 and Level 2 Brokers. The Commission was informed that the programme, at this stage, was to be operated only in charitable or non-profit organisations, and that it had the potential to provide approximately 450 places in Tasmania across a range of employment areas.

Mr. Abey, for the Tasmanian Confederation of Industries, in consenting to the application, indicated his organisation's full support for the programme which had the potential to assist those who were having extreme difficulty in finding employment.

I endorse the application to facilitate the introduction of this scheme and in doing so express the hope that the programme will prove of some value to those who unfortunately have found themselves amongst the long term unemployed.

The requested operative date of 20 May 1992 is approved and the appropriate order is attached.

F.D. Westwood
PRESIDENT

Appearances:
Mr. A. J. Grubb for the Federated Clerks Union of Australia, Tasmanian Branch
Mr. T. J. Abey for the Tasmanian Confederation of Industries

Date and place of hearing:
1992
Hobart
May 20