MASTERING WORKPLACE RELATIONS CONTINUED
>
TERMINATION OF THE TRAINING CONTRACT
TERMS AND CONDITIONS OF EMPLOYMENT
Either party may initiate termination of the training contract within the first three (3) months of employment (probationary/trial period4). Alternatively, employment will occur at the expiration of the training contract. Employment beyond the expiration of the training contract will be at the discretion of the employer and should be managed in the same way as ordinary employment. Where the employment will be terminated during the probationary period or on the expiration of the training contract, notice of termination will be given in accordance with the relevant employment law. Termination (for any reason) after the probationary period and before the expiration date, must be through mutual consent. It is strongly recommended that employers seek the early assistance and involvement of the state training authority in relation to performance or conduct issues, including attendance and performance at trade school.
Employers must satisfy the terms and conditions of employment applicable to apprentices as specified by employment laws and regulations, including the Modern Award or enterprise agreement relevant to the employer. Always check your obligations in relation to hours of work, overtime, leave entitlements, superannuation, wages and allowances. Employers engaged in the plumbing industry will also have an obligation to register each apprentice and report on the hours of work to the state-based portable long service leave fund (E.g. CoInvest, Victoria). A written contract of employment is recommended in all circumstances, containing a summary of key conditions of employment including the requirement to comply with relevant legislation, policies, procedures and rules of the employer that may apply during the course of employment duties. As a minimum, the apprentice must be advised, in writing, of the type of employment and the classification. Under the terms of the Plumbing and Fire Sprinklers Award 2010 special wages provision exist for apprentices who are aged 21 years+ (adult apprentices) when they commence employment with each employer. These rates can be substantially higher than for other apprentices. Additionally the Award includes restriction on reductions in pay where an existing employee transitions to an apprenticeship.
Apprentices employed within the plumbing industry are currently paid in accordance with a time-based wages progression which is assessed by progress through the training contract. To determine the correct wage rate, the employer should use the end date of the training contract and work backwards. E.g. The training contract commenced on 15 April 2010 and is due to expire on 2 January 2013. On 3 January 2012, the apprentice will be in his/her 4th year and will be entitled 4th year wage rates. On 3 January 2011, the apprentice will be in his/her 3rd year and will be entitled to 3rd year wage rates. On this basis, the apprentice will have commence employment as a 2nd year apprentice
PRE EMPLOYMENT In addition to standard pre-employment procedures including verification of identity and reference checking, before offering employment, employers should always ascertain the applicant’s date of birth and all previous industry experience for which the applicant will seek credit as both of these factors may impact on the wage rates that will be applicable to the employee. Notes: 1 The term of the training contract may be shortened by previous experience in the industry (including previous apprenticeship service or pre-vocational training). 3 The employer is liable for one payment per unit of study. 3 Additional registration requirements may need to be satisfied including competency assessments, dependant on the regulator. 4 There are no provisions to extend the probationary period of the training contract.
Master Plumbers’ members can access information, advice and resources relating to workplace relations. Our dedicated Workplace Relations Adviser can help you clarify your obligations in relation to terms and conditions of employment, wages, entitlements and other matters. Contact Sharon Kraemer on 03 9329 9622 or 1800 133 871.
AUSTRALIAN PLUMBING INDUSTRY MAGAZINE
|
DECEMBER 2012