Commissioners Information Bulletin 296
Issued: 27 October 2006

Metal and Engineering - new and varied Vocational Training Orders for recognised trade and traineeship vocations in the Metal and Engineering industry

At the request of Manufacturing Skills Australia (MSA), the Commissioner for Vocational Training has approved the establishment of the recognised trade vocation of Locksmithing under section 5 of the Apprenticeship and Traineeship Act 2001 and has approved the relevant Vocational Training Order (VTO) under section 6 of the same Act.

The Commissioner for Vocational Training has also approved the variation to the existing VTOs for seven recognised trade vocations and 2 traineeship vocations in the Metal and Engineering industry, under section 6 of the Apprenticeship and Traineeship Act 2001.

Vocational Training Order Standard Format (VTO)

The VTO in each instance may make reference to:

1. the appropriate term or terms for apprenticeships or traineeships in that vocation
2. the appropriate probationary period or periods for apprenticeships or traineeships in that vocation, having regard to the term or terms specified for them under paragraph (a)
3. the appropriate qualification or qualifications that may be awarded in relation to an apprenticeship or traineeship in that vocation
4. any other training to be provided in addition to the training required for an appropriate qualification
5. such other matters relating to the training of apprentices or trainees in that vocation as the Commissioner considers appropriate.

A copy of the relevant new and revised VTOs supporting the recognised trade vocations of Locksmithing, Engineering (Mechanical), Engineering (Fabrication), Engineering (Electrical/Electronic), Jewellery (Manufacturing and Repairing), Boat Building, Shipwright and Higher Engineering are at Attachment A.

A copy of the relevant revised VTOs supporting the recognised traineeship vocations of Boating Services and Engineering are at Attachment B.

Metal and Engineering Training Package MEM05

The various sectors of the metal and engineering industry comprise about 50% of Australia’s manufacturing industry in terms of value added share. In general, 85% of these industry sectors are comprised of small to medium enterprises. Each sector is involved in the manufacture, service and repair, and maintenance of products, tooling and equipment, as well as processes.

Engineering installation, repair and maintenance is also applied across most Australian industries. This aspect of applied engineering includes significant numbers of workers. The current estimate of numbers of workers across Australian industries who are using engineering and manufacturing-engineering skills is approximately 650,000. The majority of these workers are not clearly identified in industry data and many are recorded as workers in other industries, such as hospitals and retail.

The revised MEM98 Metal and Engineering Training Package was endorsed in October 1998. The review of the Training Package with two phases began in early 2002 and was completed in May 2005.

Extensive consultation occurred during the review process. This included the involvement of appropriate representatives from industry, industry associations (employers and unions), regulatory authorities and training organisations, with numerous opportunities provided for input throughout the re-development process, to ensure that the revised Training Package reflects industry needs.

The revised MEM05 Metal and Engineering Training Package has been designed to meet the training and skills recognition needs of the Australian engineering industry sector. It covers the competencies used by people employed in the manufacturing, engineering and related services industries.

MEM05 also provides access to the apprenticeship streams provided by the National Metal and Engineering Industry Competency Standards leading to national qualifications, with traineeship pathways also available. It also enables further career advancement beyond trade apprenticeship and technical traineeships, with progression to Advanced Diploma.

The industry relies on the apprenticeship system to build its workforce. New qualifications for technical workers have been added to this revised Training Package to more accurately reflect the nature of their work. These qualifications make a distinction between technical work and that of tradespersons. In particular, a new Diploma and Advanced Diploma of Engineering have been developed to meet the needs of technical workers and para-professionals in the engineering field. For the current Training Package, four disciplines were selected as priority areas. These disciplines are: Mechanical; Mechatronics; Maintenance; and Manufacturing.

The MEM30805 Certificate III in Locksmithing qualification will replace the TAFE NSW accredited course which is currently being delivered.

There has been a simplification of some of the qualification titles as well as changes to the list of qualification descriptors that may be added by Registered Training Organisations (RTOs).

Qualifications framework

Nineteen qualifications, ranging from Certificate I to Advanced Diploma make up the MEM05 Metal and Engineering Training Package.

Trade vocations

For the purpose of the new and revised VTOs, apprentices in New South Wales will be able to gain eight of the available qualifications, as follows:

Traineeship vocations

For the purpose of revised VTOs, trainees in New South Wales will be able to gain seven of the available qualifications, as follows:

General

A summary mapping of qualification codes for the MEM05 Metal and Engineering Training Package to the former Training Package MEM98, if applicable, can be found in the MEM05 Metal and Engineering Training Package.

The one year transition period applies to the new Training Package, which means that no new enrolments in the MEM98 Metal and Engineering Training Package are allowed after 18 November 2006.

Units of competency

The bank of units of competency has been revised and extended. Part of the revision included bringing all units to the current approved format. Further information has been added to each unit to assist users.

The packaging and combination of the minimum number of units required for each qualification, to which trade VTO applies, are outlined at Attachment C.

The packaging and combination of the minimum number of units required for each qualification, to which traineeship VTO applies, are outlined at Attachment D.

Industrial arrangements

Trade vocations - the following industrial arrangements are in place.

Federal

The Metal, Engineering and Associated Industries Award, 1998 is the appropriate federal award for all trade vocations.

The following is a copy of the relevant clause in the Award pertaining to apprenticeships.

4.2.6 Apprentices

4.2.6(a) The terms of this award will apply to apprentices, including adult apprentices, except where it is otherwise stated or where special provisions are stated to apply. Apprentices may be engaged in trades or occupations provided for in this clause where declared or recognised by an Apprenticeship Authority.

Subject to appropriate State legislation, an employer shall not employ an unapprenticed junior in a trade or occupation provided for in this clause.

The following is an extract from the relevant clause in the Award pertaining to school based apprenticeships.

4.2.7 School based apprentices

Definition

(a) This sub-clause applies to school based apprentices. A school based apprentice is a person who is undertaking an apprenticeship in accordance with this sub-clause while also undertaking a course of secondary education.

Wage rates

(b) The hourly rates for full-time junior and adult apprentices as set out in this award apply to school based apprentices for total hours worked including time deemed to be spent in off-the-job training.

(c) For the purposes of paragraph (b), where a school based apprentice is a full time school student, the time spent in off-the-job training for which the apprentice is paid is deemed to be 25 per cent of the actual hours each week worked on-the-job. The wages paid for training time may be averaged over the semester or year.

Off-the-job training

(d) A school based apprentice is allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.

(e) For the purposes of this sub-clause, off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on-the-job.

State

The Metal, Engineering and Associated Industries (State) Award is the NSW State award covering all trade vocations.

This award rescinds and replaces the Metal Badge Workers (State) Award published 4 June 1969, reprinted 15 February 1984 and further reprinted 2 August 1991 and award review published 7 December 2001 (330 I.G. 148).

The following is a copy of the relevant clause in the Award pertaining to apprenticeships.

4.2.6 Apprentices

4.2.6 (a) The terms of this award will apply to apprentices (including adult apprentices, as defined) except where it is otherwise stated or where special provisions are stated to apply. Apprentices may be engaged in trades or occupations provided for in this clause where declared or recognised by an Apprenticeship Authority.

4.2.6 (b) Apprenticeship Authority shall mean the Commissioner of Vocational Training appointed under the Industrial and Commercial Training Act 1989, the Vocational Training Board constituted under the Act or the Industrial Relation Commission established by the Industrial Relations Act 1996.

4.2.6 (c) (i) The period of apprenticeship shall be four years.

(ii) The period may be varied with the approval of the apprenticeship authority provided that any credits grante shall be counted as part of the apprenticeship for the purpose of wage progression under clause 5.3.

(iii) Further, the period may be varied to such other period as is approved by the apprenticeship authority on the basis of an approved competency based training programme.

(iv) The wage rates mentioned in clause 5.3 may be varied with the approval of the relevant parties to this award according to the apprentice affected, and the relevant apprenticeship authority to allow for progression between wage levels based on the gaining of agreed competencies and/or modules instead of the year of the apprenticeships. For example, the appropriate proportion of the minimum training requirement associated with the year of the apprenticeship could only be used to identify progression from one percentage rate to the next.

Traineeship vocations - the following industrial arrangements are in place.

Provisions for the employment of trainees in the boating services and engineering industries exist in the following instruments:

• Federal Metal, Engineering and Associated Industries Award 1998

• National Training Wage Award 2000

• Metal Trades (Training Wage) (State) Award.

Employers who are members of the Australian Industry Group have direct access to the provisions of the National Training Wage Award 2000.

Alternatively employers may access the provisions of the Metal Trades (Training Wage) (State) Award.

Key provisions in the latter two awards are as follows:

National Training Wage Award 2000

5. APPLICATION

5.1 This award shall apply to persons:

5.1.1 who are undertaking a Traineeship (as defined); and

5.1.2 who are employed by an employer bound by this award or employed by a member of an employer organisation bound by this award; and

5.1.3 whose employment is, or otherwise would be, covered by an award which also:

5.1.3(a) binds the employer or an organisation of which the employer is a member; and

5.1.3(b) binds a union which is a party to this award and in respect of which the person is a member or is eligible for membership.

5.2 This award does not apply to the apprenticeship system or any training programme which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at 25 June 1997 or in an award that binds the employer. This award only applies to AQF IV traineeships when the AQF III traineeship in the training package is listed in Schedule C. Further, this award also does not apply to any certificate IV training qualification that is an extension of the competencies acquired under a certificate III qualification which is excluded from this award due to the operation of this subclause.

5.3 At the conclusion of the Traineeship, this award ceases to apply to the employment of the Trainee and the relevant award shall apply to the former trainee.

5.4 Except as provided for in clause 6 - Supersession, nothing in this award shall be taken to replace the prescription of training requirements in the relevant award.

Metal Trades (Training Wage) (State) - Award Code 1034

APPLICATION

(a) Subject to subclause (c) of this clause, and clause 9, Area, Incidence and Duration, this award shall apply to person  who are undertaking a traineeship (as defined) and is to be read in conjunction with the Parent Award (as defined) -
(b) Notwithstanding (a), this award shall apply provisionally for an interim period:

(i) Starting upon the commencement date as recorded on a valid “Application to Establish a Traineeship” signed by both the employer and the Trainee, which has been lodged with the Commissioner for Vocational Training; and

(ii) Ending at the time the employer is notified that the establishment of the traineeship has been approved, or at the end of the probationary period, whichever is the later.

(c) The Parent Award or former industrial agreement of the Industrial Relations Commission of New South Wales shall apply, except where inconsistent with this award

(d) Notwithstanding the foregoing, this award shall not apply to employees who were employed by an employer under an award referred to in subclause (a) of this clause prior to the date of approval of the traineeship relevant to the employer, except where agreed upon between the employer and the relevant union(s) –

(e) This award does not apply to the apprenticeship system or any training program which applies to the same occupation and which achieves essentially the same training outcome as an existing apprenticeship in an award at 27 April 1998, or in an award that binds the employer.  This award only applies to AQF IV traineeships when the AQF III traineeship in the training package is listed in Appendix A to this award.  Further, this award also does not apply to any IV qualification which is excluded from this award due to the operation of this subclause.

NOTATION: - The abbreviation ‘AQF’ means Australian Qualification Framework.

(f) At the conclusion of the traineeship, this Award shall cease to apply to the employment of the trainee and the Parent Award shall apply to the former trainee.

Note

Both the National Training Wage Award 2000 and the Metal Trades (Training Wage) (State) Award contain provision for part-time and school based traineeships.

Note - Applications under the Apprenticeship and Traineeship Act 2001 to establish any traineeship or apprenticeship will not be approved unless the Commissioner is satisfied that appropriate industrial arrangements are in place.

VET in schools

• Apprenticeships

There is provision within the quoted federal awards for school based part-time apprenticeships.

It is anticipated that school based part-time apprenticeships in the metal and engineering trade will be available from 2007. MSA has advised however, that the higher-level apprenticeship (Certificate IV) will not be available as a school-based apprenticeship.

• Traineeships

There is provision within the quoted federal and state awards for school based part-time traineeships. The industry is attractive to those seeking part-time work whilst still at school.

At the time of issue, MSA identified the following qualifications as suitable school based part-time traineeships:

• Certificate II in Boating Services MEM20305. Many of the units contained within this qualification are already being delivered in Industry Curriculum Framework or Board Endorsed courses
• Certificate II in Engineering MEM20105.

For school based traineeships currently being delivered in NSW, refer https://www.det.nsw.edu.au/vetinschools/traineeships/sbt/traineeships.html

Licensing arrangements

There are no licensing requirements specifically related to implementation of the Metal and Engineering Training Package MEM05.

However, where apprentices or trainees are required to drive recreational boats capable of more than 10 knots or commercial vessels, licensing requirements apply (in the form of the appropriate NSW Boating Licence). Commercial vessels are defined as those craft which are used in connection with any type of business, trade or commerce. For further information, refer the NSW Maritime website - http://www.waterways.nsw.gov.au/aboutus.html

In accordance with the 1998 Security Industry Regulation made under the 1997 Security Industry Act, people working as locksmiths are required to hold a Class 2C security licence. Persons intending to commence locksmith training will need to submit An Authority for Pre-Training Criminal Record Check form to the Security Industry Registry (form P607). This check will confirm a person’s eligibility for a licence, in advance of a training contract being established.

Further information about licensing requirements (including form P607) is available from the Security Industry Registry, NSW Police – refer www.police.nsw.gov.au/sir

Learning resources and assessment materials

TAFE NSW developed a range of student-centred learning and assessment resources (paper based and online) that supported delivery of the existing accredited course and qualifications. It is not expected that there will be significant impacts on existing arrangements (with changes required to non-endorsed components including support materials) when delivery of the new qualifications commences.

Availability of Registered Training Organisations (RTOs)

A list of RTOs in New South Wales who can deliver traineeship training from the Metal and Engineering Training Package MEM05 may be found on the National Training and Information (NTIS) web site: www.ntis.gov.au

For any enquiries regarding this CIB, please contact the Vocational Training Tribunal Unit on (02) 9266 8579.

IAN KINGSLEY
Commissioner for Vocational Training