PVS/Repco Auto Parts Jobskills Retail Agreement
No. AG 201 of 1995
1. - TITLE
This Agreement shall be known as the ‘PVS/Repco Auto Parts Jobskills Retail Agreement”, No. AG 201 of 1995.
2. - ARRANGEMENT
1. Title
2. Arrangement
3. Object
4. Area and Scope
5. Definitions
6. Terms of Agreement
7. Jobskills Trainee
8. Reservation
9. Signatures Clause
3. - OBJECT
The object of this Agreement is to provide the form and substance of the conditions of employment, including rates of pay, applicable to adult retail trainees employed by the Company in Western Australia employed through PVS under the Commonwealth Government Jobskills program and who but for this agreement would be covered by The Shop and Warehouse (Wholesale and Retail Establishments) State Award 1977 (No. R32 of 1976) hereinafter referred to as “the Award”.
4. - AREA AND SCOPE
This agreement applies to employees engaged under the Jobskills program by the Company through PVS in the state of Western Australia. Insofar as the terms of this agreement vary from the terms of the Award, this agreement shall prevail. In all other respects, the terms of the Award shall continue to operate.
5. - DEFINITIONS
(1) “PVS” shall mean “Professional Vocational Services” of 17 Southport Street, Leederville, Western Australia, 6007.
(2) “The Company” shall mean Repco Auto Parts, Corner of Vulcan and Bannister Roads, Canningvale, Western Australia, 6155.
(3) “Jobskills Program” shall mean the trial of the Commonwealth Government’s Jobskills program in the retail industry. The objective of Jobskills is to improve the long term employment prospects of people who have been unemployed for 12 months or more by equipping them with new skills, work experience and training.
(4) “Jobskills trainee” is an employee who is employed under the conditions applying in the Commonwealth Government Jobskills program guidelines.
(5) “SDA” shall mean The Shop, Distributive and Allied Employees’ Association of Western Australia.
(6) “The Award” shall mean The Shop Warehouse (Wholesale and Retail Establishments) State Award 1977 (No. R32 of 1976).
6. - TERMS OF AGREEMENT
(1) The Agreement shall operate from 1 December 1994, for a period of twelve months.
(2) The Agreement may be extended by agreement in writing between the parties for up to two further periods of six months.
(3) If not renewed, or after having been renewed twice, the Agreement shall cease.
(4) This Agreement shall not be used in the arbitration of any other matter and shall not be seen as a precedent for any other matter.
7. - JOBSKILLS TRAINEE
(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 company 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 practice new skills in a work environment.
(c) Jobskills trainees may only be engaged by the company to undertake activities under the Jobskills program guidelines. The company shall ensure that the Jobskills trainee is permitted to attend the prescribed off-the-job training and is provided with the 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.
(ii) No existing casual or part-time employee shall have hours reduced by the employment of a Jobskills trainee.
(iii) Jobskills trainees shall not fill permanent positions within any retail establishment.
(b) (i) Jobskills trainees shall be engaged for a period of 26 weeks as full-time employees.
(ii) Notwithstanding subparagraph (i) of paragraph (a) hereof, the union and the company may agree in writing for a period of engagement of less than 26 weeks.
(c) Jobskills trainees shall be permitted to be absent without loss of continuity of employment to attend the off-the-job training in accordance with the training plan. However, except for absences provided under the Award, failure to attend for work or training without an acceptable cause will result in loss of pay for the period of absence.
(d) Ordinary hours for a jobskills trainee shall be 7.00 am to 6.00 pm Monday to Friday only. Ordinary hours shall be 38 per week with 4 days on-the-job and one day of formal training off-the-job each week.
(e) Overtime shall not be worked by a Jobskills trainee.
(f) The SDA shall be afforded reasonable access to Jobskills trainees for the purposes of explaining the role and function of the Union and enrolment of the trainee as a member.
(3) Wages
The weekly wage payable to Jobskills trainees shall be $300.00 which rate shall be for all purposes of this agreement and shall take account of the range and extent of training provided.
(4) Grievance Procedure
(a) This subclause is inserted into the award/industrial agreement as a result of legislation which came into effect on 16 January 1996 (Industrial Relations Legislation Amendment and Repeal Act 1995) and further varied by legislation which came into effect on 23 May 1997 (Labour Relations Legislation Amendment Act 1997).
(b) Any question, dispute or difficulty arising under this Agreement shall be dealt with in accordance with the following procedure:
(i) The matter shall be first discussed between the employee affected and the appropriate supervisor. The employee may choose to be represented by a delegate of The Shop, Distributive and Allied Employees' Association of Western Australia (SDA).
(ii) If not settled the matter shall be discussed between the employee, an accredited representative of the SDA, and the appropriate representative of the Company.
(iii) If not settled the matter shall be discussed between an official of the SDA and an appropriate representative of the Company.
(iv) This procedure shall be in addition to any existing arrangements or practices for dispute resolution.
(v) Any settlement reached which is contrary to the terms of this award/industrial agreement shall not have effect unless and until that conflict is resolved.
(b) While the matter in dispute is being discussed in accordance with this procedure, as prescribed in paragraph (a) of this subclause, work shall continue and the status quo as applying before the question, dispute or difficulty arose shall be maintained. No party shall be prejudiced in relation to the final settlement by the continuance of work in accordance with this subclause.
(c) The matter may be referred to the Western Australian Industrial Relations Commission at any time 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.
8. - RESERVATION
The parties to this agreement reserve the right to seek its variation or revocation if circumstances develop in the operation of the Jobskills program which adversely affect their interests or the interests of their members to the extent that the variation or revocation is warranted.
9. - SIGNATURES CLAUSE
for and on behalf of The Shop, Distributive and Allied
MARK BISHOP Employees’ Association of Western Australia.
for and on behalf of Repco Auto Parts
CRAIG GIBSON
V A R I A T I O N R E C O R D
PVS/REPCO AUTO PARTS JOBSKILLS RETAIL AGREEMENT
NO. AG 201 OF 1995.
Delivered 13/11/95 at 75 WAIG 3235
Consolidated
CLAUSE EXTENT OF ORDER OPERATIVE GAZETTE
NO. VARIATION NO. DATE REFERENCE
1. Title
2. Arrangement
3. Object
4. Area and Scope
5. Definitions
6. Terms of Agreement
7. Jobskills Trainee
Ins. 7(4) 693/96 16/07/96 76 WAIG 2768
(4)(a),(c);del. (d) 2053/97 22/11/97 77 WAIG 3079
8. Reservation
9. Signatures Clause
No. AG 201 of 1995
1. - TITLE
This Agreement shall be known as the ‘PVS/Repco Auto Parts Jobskills Retail Agreement”, No. AG 201 of 1995.
2. - ARRANGEMENT
1. Title
2. Arrangement
3. Object
4. Area and Scope
5. Definitions
6. Terms of Agreement
7. Jobskills Trainee
8. Reservation
9. Signatures Clause
3. - OBJECT
The object of this Agreement is to provide the form and substance of the conditions of employment, including rates of pay, applicable to adult retail trainees employed by the Company in Western Australia employed through PVS under the Commonwealth Government Jobskills program and who but for this agreement would be covered by The Shop and Warehouse (Wholesale and Retail Establishments) State Award 1977 (No. R32 of 1976) hereinafter referred to as “the Award”.
4. - AREA AND SCOPE
This agreement applies to employees engaged under the Jobskills program by the Company through PVS in the state of Western Australia. Insofar as the terms of this agreement vary from the terms of the Award, this agreement shall prevail. In all other respects, the terms of the Award shall continue to operate.
5. - DEFINITIONS
(1) “PVS” shall mean “Professional Vocational Services” of 17 Southport Street, Leederville, Western Australia, 6007.
(2) “The Company” shall mean Repco Auto Parts, Corner of Vulcan and Bannister Roads, Canningvale, Western Australia, 6155.
(3) “Jobskills Program” shall mean the trial of the Commonwealth Government’s Jobskills program in the retail industry. The objective of Jobskills is to improve the long term employment prospects of people who have been unemployed for 12 months or more by equipping them with new skills, work experience and training.
(4) “Jobskills trainee” is an employee who is employed under the conditions applying in the Commonwealth Government Jobskills program guidelines.
(5) “SDA” shall mean The Shop, Distributive and Allied Employees’ Association of Western Australia.
(6) “The Award” shall mean The Shop Warehouse (Wholesale and Retail Establishments) State Award 1977 (No. R32 of 1976).
6. - TERMS OF AGREEMENT
(1) The Agreement shall operate from 1 December 1994, for a period of twelve months.
(2) The Agreement may be extended by agreement in writing between the parties for up to two further periods of six months.
(3) If not renewed, or after having been renewed twice, the Agreement shall cease.
(4) This Agreement shall not be used in the arbitration of any other matter and shall not be seen as a precedent for any other matter.
7. - JOBSKILLS TRAINEE
(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 company 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 practice new skills in a work environment.
(c) Jobskills trainees may only be engaged by the company to undertake activities under the Jobskills program guidelines. The company shall ensure that the Jobskills trainee is permitted to attend the prescribed off-the-job training and is provided with the 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.
(ii) No existing casual or part-time employee shall have hours reduced by the employment of a Jobskills trainee.
(iii) Jobskills trainees shall not fill permanent positions within any retail establishment.
(b) (i) Jobskills trainees shall be engaged for a period of 26 weeks as full-time employees.
(ii) Notwithstanding subparagraph (i) of paragraph (a) hereof, the union and the company may agree in writing for a period of engagement of less than 26 weeks.
(c) Jobskills trainees shall be permitted to be absent without loss of continuity of employment to attend the off-the-job training in accordance with the training plan. However, except for absences provided under the Award, failure to attend for work or training without an acceptable cause will result in loss of pay for the period of absence.
(d) Ordinary hours for a jobskills trainee shall be 7.00 am to 6.00 pm Monday to Friday only. Ordinary hours shall be 38 per week with 4 days on-the-job and one day of formal training off-the-job each week.
(e) Overtime shall not be worked by a Jobskills trainee.
(f) The SDA shall be afforded reasonable access to Jobskills trainees for the purposes of explaining the role and function of the Union and enrolment of the trainee as a member.
(3) Wages
The weekly wage payable to Jobskills trainees shall be $300.00 which rate shall be for all purposes of this agreement and shall take account of the range and extent of training provided.
(4) Grievance Procedure
(a) This subclause is inserted into the award/industrial agreement as a result of legislation which came into effect on 16 January 1996 (Industrial Relations Legislation Amendment and Repeal Act 1995) and further varied by legislation which came into effect on 23 May 1997 (Labour Relations Legislation Amendment Act 1997).
(b) Any question, dispute or difficulty arising under this Agreement shall be dealt with in accordance with the following procedure:
(i) The matter shall be first discussed between the employee affected and the appropriate supervisor. The employee may choose to be represented by a delegate of The Shop, Distributive and Allied Employees' Association of Western Australia (SDA).
(ii) If not settled the matter shall be discussed between the employee, an accredited representative of the SDA, and the appropriate representative of the Company.
(iii) If not settled the matter shall be discussed between an official of the SDA and an appropriate representative of the Company.
(iv) This procedure shall be in addition to any existing arrangements or practices for dispute resolution.
(v) Any settlement reached which is contrary to the terms of this award/industrial agreement shall not have effect unless and until that conflict is resolved.
(b) While the matter in dispute is being discussed in accordance with this procedure, as prescribed in paragraph (a) of this subclause, work shall continue and the status quo as applying before the question, dispute or difficulty arose shall be maintained. No party shall be prejudiced in relation to the final settlement by the continuance of work in accordance with this subclause.
(c) The matter may be referred to the Western Australian Industrial Relations Commission at any time 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.
8. - RESERVATION
The parties to this agreement reserve the right to seek its variation or revocation if circumstances develop in the operation of the Jobskills program which adversely affect their interests or the interests of their members to the extent that the variation or revocation is warranted.
9. - SIGNATURES CLAUSE
for and on behalf of The Shop, Distributive and Allied
MARK BISHOP Employees’ Association of Western Australia.
for and on behalf of Repco Auto Parts
CRAIG GIBSON
V A R I A T I O N R E C O R D
PVS/REPCO AUTO PARTS JOBSKILLS RETAIL AGREEMENT
NO. AG 201 OF 1995.
Delivered 13/11/95 at 75 WAIG 3235
Consolidated
CLAUSE EXTENT OF ORDER OPERATIVE GAZETTE
NO. VARIATION NO. DATE REFERENCE
1. Title
2. Arrangement
3. Object
4. Area and Scope
5. Definitions
6. Terms of Agreement
7. Jobskills Trainee
Ins. 7(4) 693/96 16/07/96 76 WAIG 2768
(4)(a),(c);del. (d) 2053/97 22/11/97 77 WAIG 3079
8. Reservation
9. Signatures Clause
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