Jobskills Trainee (Children S Services Private) Agreement 1996, No. AG 116 of 1996

JOBSKILLS TRAINEE (CHILDREN’S SERVICES PRIVATE) AGREEMENT 1996

NO. AG 116 OF 1996 2 3

1. - TITLE

This Agreement shall be referred to as the Jobskills Trainee (Children’s Services Private) Agreement 1996, No. AG 116 of 1996.

2. - ARRANGEMENT

1. Title 2. Arrangement 3. Definition 4. Application 5. Parties Bound 6. Jobskills Trainee 7. Dispute Settling Procedure 8. No precedent 9. Reservation 10. Signatories

Appendix A: Procedures for Jobskills Placements

3. - DEFINITION

A Jobskills Trainee is an employee who is employed under the conditions applying in the Commonwealth Government Jobskills Program Guidelines applying as at the date of operation of this Agreement and in accordance with the terms of this Agreement including the provisions of Appendix A - Procedures for Jobskills Placements.

A Jobskills broker is an organisation or person(s) identified and selected by the Department of Education, Employment and Training to participate in the Commonwealth Jobskills Program.

4. - APPLICATION

This Agreement applies to children’s services employees engaged under the Jobskills program and insofar as the terms of this Agreement vary from the terms of the Children’s Services Private Award No. A10 of 1990, otherwise applying to the Jobskills Trainees(s), the terms of this Agreement shall prevail. In all other respects the terms of the Children’s Services Private Award No. A10 of 1990 shall continue to operate.

For each Jobskills Position a procedure must be followed that is in accordance with the Commonwealth Jobskills Programme Guidelines. Where the procedure has not been followed to the satisfaction of the Department of Employment, Education and Training, and/or the broker and/or the respondent Union then the employer cannot employ a Jobskills Trainee. 4

5. - PARTIES BOUND

This Agreement shall be binding on the respondents named in Clause 10. - Signatories hereto in respect of Jobskills Trainees and on the Australian Liquor, Hospitality and Miscellaneous Workers’ Union, Miscellaneous Workers’ Division, Western Australian Branch and its members. 5

6. - JOBSKILLS TRAINEE

In respect of procedures for placements, other than those provided for within this Agreement, the parties shall follow the procedures provided for in Appendix A - Procedures for Jobskills Placements to this Agreement.

(1) Training Conditions

(a) A Jobskills Trainee shall attend approved on and off-the-job training prescribed in the relevant training agreement, or as notified to the Jobskills Trainee by the employer or agent.

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

(c) Jobskills Trainees 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.

(d) The employer shall provide an appropriate level of supervision in accordance with the approved training plan.

(2) Employment Conditions

(a) (i) Jobskills Trainees shall be engaged in addition to existing staff levels. Positions normally held by permanent employees shall not be filled by Jobskills Trainees nor shall the Trainee positions be incorporated at any stage into staff requirements specified in accordance with the Child Care Centre Regulations 1988.

(ii) “Existing Staff Levels” in respect of this clause shall mean those staff/employee(s) levels, inclusive of employees on absences of workers compensation, maternity or long service leave, applying prior to the operation of this clause, and shall include:

- existing casual and temporary employees; and

- existing full time and part-time employees; and

- existing permanent employees.

(iii) In addition, no existing staff who fall within the definition of existing staff levels shall have hours reduced by the employment of a Jobskills Trainee. 6

(iv) The provisions, as referred to herein, shall apply until such time as the period of the Jobskills placement has ended and no further Jobskills Trainee(s) have been appointed.

(b) Jobskills Trainees shall be engaged for a period of up to 26 weeks as full-time employees.

(c) Jobskills Trainees are permitted to be absent from work without loss of continuity of employment to attend the off-the-job training in accordance with the training plan. However, except for absences provided for under the relevant award, failure to attend for work or training without an acceptable cause will result in loss of pay for the period of absence.

(d) Overtime and shiftwork shall not be worked by Jobskills Trainees except to enable the requirements of the training plan to be effected. When overtime and shiftwork are worked the relevant penalties and allowances of the relevant award, based on the Trainee wage, will apply. No Jobskills Trainee shall work overtime or shiftwork on their own.

(e) The Union shall be afforded reasonable access to Jobskills Trainees for the purposes of explaining the role and functions of the Union and enrolment of the Trainee as a member.

(f) Where the employment of the Trainee is continued after completion of the Traineeship period, such Traineeship period shall be counted as service for all purposes of the award.

(3) Wages

The weekly wages payable to Jobskills Trainees shall be $300.00. It is the rate for all purposes of the Agreement and takes account of the range and extent of training provided.

(4) Number of Persons Employed

This Agreement will apply to 66 employees over a 12 month period.

7. - DISPUTE SETTLING PROCEDURE

(1) Where disputes, questions or difficulties arise as to the application of this Agreement the parties will consult together to reach a settlement.

(2) The principle of conciliation and direct negotiation shall be adopted for the purpose of prevention and settlement of any disputes, questions or difficulties that may arise.

(3) The parties shall take an early and active part in discussion and negotiation aimed at preventing or settling disputes in accordance with the agreed procedure set out hereunder. 7

(4) Procedure of Settlement of Disputes

(a) The employee and the employee’s supervisor should confer, clearly identify the facts and where possible, resolve the issue.

(b) If not resolved, the employee, the Union representative, the supervisor and employer representative shall confer and, where possible, resolve the issue.

(c) If not resolved the parties may confer with the signatories to this Agreement on this matter, and where possible, resolve the issue.

(d) If the matter is still not settled, either party may submit the matter for conciliation/arbitration by 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.

(5) Until the matter is resolved in accordance with the above procedure, the status quo shall remain. While the above procedure is being followed, no party shall be prejudiced as to the final settlement by the continuation of work in accordance with this procedure.

(6) It is acknowledged that if the dispute relates to an alleged ambiguity or uncertainty in this Agreement any party may at any time apply for variation of the Agreement to eliminate the alleged uncertainty or ambiguity.

(7) The provisions of this clause shall not preclude an employee from discussing any grievance with a union representative as he or she deems fit. Neither shall the provisions of this clause pre-empt, limit or delay the right of the union to enter into direct negotiations with the employer to resolve matters in dispute or to address matters of mutual concern.

8. - NO PRECEDENT

This Agreement represents a compromise on the part of all parties and will not be used as a precedent in any proceedings before industrial tribunals.

9. - RESERVATION

This Agreement shall come into force from the beginning of the first pay period to commence on or after the date of registration of this Agreement and shall continue for a period of twelve months from that date, or until the Jobskills program may be wound up. The parties to this Award reserve the right to seek its variation or revocation if circumstances develop in the operation of the Jobskills programme which adversely affect their interests or the interests of their members to the extent that the variation or revocation is warranted. 8

10. SIGNATORIES

Union Signatory

Stan Hardie (Assistant Secretary) The Australian Liquor, Hospitality and Miscellaneous Workers’ Union, Miscellaneous Workers’ Division, Western Australian Branch 61 Thomas Street SUBIACO WA 6008

Signed Signature Date: 26 / 4 / 96

Signed on behalf of:

Alexander Heights Child Care Centre 95 Azelia Street ALEXANDER HEIGHTS WA 6064

Ruth Beesley Name 9

Balmain House Day Care Centre 330 Flinders Street NOLLAMARA WA 6061

Jo Whitehead Name

Bedfordale Child Care Lot 1 Cross Road BEDFORDALE WA 6112

Carina Rose Name

Bilby’s Place 114 Attfield Street SOUTH FREMANTLE WA 6162

Margaret Anne McMurdo Name 10 11

Cherry Court Child Care Centre 10 Cherry Court MORLEY WA 6062

Regina McDonald Name

Clarkson Child Care Centre 22 Ainsbury Parade CLARKSON WA 6030

Martin Wilke Name

Como Child Care Centre 47 Birdwood Avenue COMO WA 6152

Shirley Dixon (Mrs) Name 12 13

Defence Child Care Centre The Sunny Centre 50 Seaward Avenue SWANBOURNE WA 6010

Catherine Denny Name

Dianella Child Care Centre 21 Wordsworth Street DIANELLA WA 6062

Marie Jacobs Name

Farrington Child Care Centre 92 Farrington Road LEEMING WA 6155

Catherine Leahy Name 14 15

First Choice Child Care Centre 24 Moira Avenue FORRESTFIELD WA 6052

Jennifer Sulcs Name

Gumnut Junction Child Care Centre 2 Mercy Child Care Centre QUEENS PARK WA 6107

Roberta Keown Name

Gwynne Park Child Care Centre 101 Forrest Road ARMADALE WA 6112

Linda Anne Edwards Name 16 17

Happy Kids Child Care Centre Cnr Kingfisher Parade & Jacana Avenue BALLAJURA WA 6066

Sharron Pasquale Name

Harmony Child Learning Centre Cnr Sackville Terrace and Hancock Street DOUBLEVIEW WA 6018

Robin Garbutt Name

Harmony Child Learning Centre Cnr Thomas and Rheola Streets WEST PERTH WA 6005

Natasha Watts Name 18 19

Karrinyup Child Care Centre 22 Davenport Street KARRINYUP WA 6018

Mrs Tessa Von Bergheim Name

Kidz Klub Child Care Centre 192 Yale Road THORNLIE WA 6108

Brett C. Hooper Name

Kidz “R” Us Child Care Centre 38 Monmouth Street MT LAWLEY WA 6050

Phyllis Gemelli Name 20 21

Kingsley Child Care Centre 27/29 Goolelal Drive KINGSLEY WA 6026

Frank Humphreys Name

Leonard Street Day Care Centre 67A Lichfield Street VICTORIA PARK WA 6100

Shirley Dixon Name

Lesmurdie Day Care Centre 140 Lesmurdie Road LESMURDIE WA 6076

Gay Bridgement Name 22 23

Little Claremont Stephenson Avenue MT CLAREMONT WA 6010

Joy Nicholson Name

Middle Swan Child Care Centre 21 Lewis Jones Crescent STRATTON WA 6056

Amanda Batorfi Name

Midland Enterprise Centre Cnr Viveash Road & Gt Eastern Hwy MIDLAND WA 6056

Debra Russ Name 24 25

Midland/Guildford Child Care Centre 35 Amberts Road MIDLAND WA 6163

Rhoda Chance Name

Mother Goose Day Care Centre 66 Forrest Street MT LAWLEY WA 6050

Carol Dowling Name

Nollamara Child Care Centre 273 Amelia Street NOLLAMARA WA 6061

Tracy Tyrrell Name 26 27

Old MacDonald’s Child Care Centre 340 Wanneroo Road NOLLAMARA WA 6061

Donna Knight Name

Princess Lilly Child Care Centre Perth City, Centre Way Arcade 160 St George’s Terrace PERTH WA 6000

G. S. Balogun Name

Ruby Dmonte Small Talk 41 Tasman Street GLENDALOUGH WA 6016

Ruby D’Monte Name 28 29

Smileys Child Care Centre 179 Samson Street HILTON WA 6163

Jodie Clarke Name

Snugglepot Day Care Centre 48 Poad Road ARMADALE WA 6112

Michelle O’Neil Name

Tumbleweed Child Care Centre 126 Wharf Street CANNINGTON WA 6107

Tonia Taylor Name 30 31

Waikiki Gardens Child Care Centre Cnr Oakwood Cres and Broadbreach Place WAIKIKI WA 6169

Georgina Newland Name

Westview Kindergarten 144 Westview Street SCARBOROUGH WA 6021

May Lynn Bond Name

Willow Child Care Centre Dixon Road ROCKINGHAM WA 6168

Nigel Grindrod Name 32 33

APPENDIX A

Procedures for Jobskills Placements

1. DUTY STATEMENTS

Step 1

A duty statement must be developed for each jobskills position. The Broker (The Lady Gowrie Centre) and the employer should jointly develop the duty statement. Ideally this process should include the prospective participant.

The duty statement should be a comprehensive description of duties to be performed by the participant. The job description is used to select a suitable participant and is the basis for identifying skills and knowledge required by the participant to perform the job. The training is then developed to meet the individual’s training needs. The duty statement must not include words such as ‘other duties as required’, or ‘carry out other functions’.

Additionality:

(a) In accordance with the Commonwealth JOBSKILLS program Guidelines, the work experience placements must be additional to the normal workforce of the employing organisation or business in which the placements occur, so that jobskills participants shall not replace paid workers or reduce the hours worked by existing employees. The position should not take duties away from an employee or an established position.

(b) Volunteers must not be displaced. However, if they are eligible they could become jobskills participant.

(c) Jobskills positions must not replace Australian Traineeship positions.

Step 2

Once the duty statement has been developed, the Union must be sent a copy, so that they can approve additionality. If additionality is dealt with at this stage, it will prevent work being done on a position they may not be given the go ahead.

The union will then identify the ALHMU union representative who can sign the duty statement as additional. If a union representative is unable to sign the duty statement, a nominee of the ALHMU, will assess additionality. The duty statement must also have the additionality approval signed by the personnel officer.

Please note:

- The same job description can only be used twice at the same workplace. 34

- A duty statement cannot be changed without the approval of the ALHMU.

- The union will be available to discuss changes to duty statements.

- Once the duty statement has been approved by the ALHMU, the training provider must write up the duties on the duty statement in competency based format. 35

2. TRAINING

There is some flexibility with the training component of the jobskills program. However, every effort should be made to ensure that:

(a) On-the-job training is written in competency based language and is able to be assessed by the supervisor.

(b) Off-the-job training is accredited by the State Skills Accreditation Board (SSAB), preferably via the relevant Industry Employment and Training Councils (IETC).

(c) Each module is accredited so that jobskills Trainees are able to show prospective employers that they have attained a recognised level of competency.

(d) Course providers are accredited SSAB.

Brokers should be aware that they can have their own modules/courses accredited. An IETC executive officer will assist with accreditation matters.

Individualised Training Programs

In accordance with jobskills program guidelines, the training program should be underpinned by a participant centred educational philosophy which meets the specific training and work experience needs of individual jobskills Trainees. This means that each jobskills Trainee should have all on-the-job and off-the-job training developed to meet their individual training needs.

The recognition of prior learning is an integral part of this approach. Jobskills participants should not participate in any training if the ALHMU, the relevant employer and the Jobskills broker consider the person competent in that area.

3. INFORMATION TO BE SENT TO UNION

The following documentation will be provided to the ALHMU:

(a) Each participant’s on and off-the-job training program. This must arrive at the Union Office prior to setting a commencement date. This will ensure that participants will not be inconvenienced and disappointed if a commencement date is postponed because agreement between the Broker and the ALHMU is not reached in time.

(b) The process used by Brokers for developing individualised on and off-the-job training.

(c) The accreditation status of the training courses/modules and providers.

(d) A copy of the on-the-job training records book. 36

(e) A written assurance that both the jobskills participants and the supervisors are familiar with the purpose of the training records books.

(f) The process used to assessing prior learning.

(g) A copy of any-off-the job training developed by TAFE or any other training provider.

There is no need to send the whole training courses/modules, where such materials have already been provided to the Union. 37

4. BROKERS MUST INFORM EMPLOYERS OF THE FOLLOWING REQUIREMENTS

(a) If there is an ALHMU union representative for the workplace in which a jobskills participant is placed, the union representative will need to be released for a day course conducted by the ALHMU. The aim of the course is to better inform ALHMU union representatives about the jobskills program, the relevant awards and other relevant issues. This leave is paid leave for the above TUTA leave.

(b) The ALHMU shall be allocated a minimum of a one hour presentation at the jobskills participant’s induction. Reasonable notice must be given to the union.

(c) All jobskills Trainees must be supervised by a responsible officer who is an employee of the employer.

(d) There is to be no placement of jobskills participants where a contract relationship exists between the employer and other employers. This is to protect the Trainee from acting outside workers compensation and public liability cover. 38

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

JOBSKILLS TRAINEE (CHILDREN’S SERVICES PRIVATE) AGREEMENT 1996

AG 116 OF 1996

Delivered 12/08/96 at 76 WAIG 4019 Consolidated

CLAUSE EXTENT OF ORDER OPERATIVE GAZETTE NO. VARIATION NO. DATE REFERENCE

1. Title As delivered AG 116/96 12/08/96 76 WAIG 4019

2. Arrangement As delivered AG 116/96 12/08/96 76 WAIG 4019

3. Definition As delivered AG 116/96 12/08/96 76 WAIG 4019

4. Application As delivered AG 116/96 12/08/96 76 WAIG 4019

5. Parties Bound As delivered AG 116/96 12/08/96 76 WAIG 4019

6. Jobskills Trainee As delivered AG 116/96 12/08/96 76 WAIG 4019

7. Dispute Settling Procedure As delivered AG 116/96 12/08/96 76 WAIG 4019 (4)(d) ins. text 2053/97 22/11/97 77 WAIG 3079

8. No precedent As delivered AG 116/96 12/08/96 76 WAIG 4019

9. Reservation As delivered AG 116/96 12/08/96 76 WAIG 4019

10. Signatories As delivered AG 116/96 12/08/96 76 WAIG 4019

Appendix A: Procedures for Jobskills Placements 39

As delivered AG 116/96 12/08/96 76 WAIG 4019