Commissioners Information Bulletin 346
Issued: 7 March 2008

Engineering - Amended Vocational Training Orders for recognised Trade Vocations in the Engineering Sector.

At the request of Manufacturing Skills Australia, the Commissioner for Vocational Training has approved variations to nine recognised trade vocations in the Engineering Sector under section 6 of the Apprenticeship and Apprenticeship Act 2001.

The revised Vocational Training Orders (VTOs) provide arrangements for competency based progression and completion of apprenticeships in these trades.

The variations to the VTOs will facilitate accelerated progression to a higher pay rate for apprentices, based on competencies achieved rather than time served. As such, the new arrangements will result in an increased number of people undertaking apprenticeships in the nominated trades, as well as improving completion rates.

Vocational Training Order Standard Format

The VTO in each instance specifies:

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 VTOs supporting the recognised trade vocations in the Engineering Sector is at Attachment A.

COMPETENCY BASED PROGRESSION AND COMPLETION OF APPRENTICESHIPS

The federal Metal, Engineering and Associated Industries Award, 1998 allows for both progression and completion of applicable NSW apprenticeships to be based on demonstration of competency.

These VTO variations establish standard arrangements for confirmation of progressive competency achievement in training programs for trade vocations in the NSW Engineering Sector.

Arrangements for confirmation of progressive competency achievement in the NSW engineering sector (consistent with the requirement that the apprentice be competent against appropriate workplace outcomes) will include the following rationale/features:

• the Registered Training Organisation (RTO) is responsible for the assessment process to confirm the apprentice’s competency against the unit/s in the training program
• records of the apprentice’s progress are progressively entered and maintained in the RTO’s student record system
• as part of the assessment process, and before placing an apprentice’s competency assessment results on the student record system, the RTO confirms those results with the employer (or nominee)
• on an agreed basis, the RTO provides reports of progressive competency achievement to the employer (or nominee) and the apprentice.

The rate of progress will be determined as follows:

Qualifications framework

For the purpose of the revised VTOs,engineering apprentices in New South Wales will be able to gain the following qualifications:

• MEM30205 Certificate III in Engineering – Mechanical Trade
• MEM30305 Certificate III in Engineering – Fabrication Trade
• MEM30405 Certificate III in Engineering – Electrical/Electronic Trade
• MEM30705 Certificate III in Marine Craft Construction*
• MEM30805 Certificate III in Locksmithing
• MEM30605 Certificate III in Jewellery Manufacture
• MEM40105 Certificate IV in Engineering
• MEM50105 Diploma of Engineering - Advanced Trade.
  

* Aligned to both the Boat Building and Shipwright trade vocations.

Units of competency

The packaging and structure requirements for each qualification to which these VTO variations apply are outlined at Attachment B.

Industrial arrangements

Federal

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

The following is an extract from 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.
Further relevant sections pertaining to competency based progression include: Clause 4.2.6 (j) (i), Clause 4.2.6 (j) (ii) and Clause 4.2.6 (j) (iii).
The following is an extract from 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 an extract from 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 granted 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.

  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.

Vocational Education in Schools

 There are provisions within the quoted federal awards for school based part-time apprenticeships.

The following qualifications are recommended as suitable for delivery as school based part-time apprenticeships:

• MEM30205 Certificate III in Engineering – Mechanical Trade
• MEM30305 Certificate III in Engineering – Fabrication Trade
• MEM30605 Certificate III in Jewellery Manufacture
• MEM50105 Diploma of Engineering - Advanced Trade.

For school based apprenticeships currently being delivered in New South Wales, go to https://www.det.nsw.edu.au/vetinschools/Apprenticeships/sbt/Apprenticeships.html

Licensing arrangements

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

However, where apprentices 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.

People working as locksmiths are required to hold a Class 2 licence in accordance with the Security Industry Regulation 2007.

However the Security Industry Amendment (Exemption) Regulation 2008 exempts apprentice locksmiths from requiring a Class 2 licence while carrying out security activities in the course of their apprenticeship.

As a result of this Regulation apprentices undertaking MEM30805 Certificate III in Locksmithing no longer need a Class 2 licence.

However, this exemption does not apply if:

(a) the trainee concerned would be refused a licence because of a criminal or other related history (under section 16 of the Security Industry Act 1997 and only applies

(b) while the trainee is directly supervised by the holder of a licence that authorises the carrying on of those activities.

Further information is available from Exemption for trainees.

Learning resources and assessment materials

TAFE NSW provides a range of support materials to RTOs, teaching staff and students to underpin competency development for the MEM05 Metal and Engineering Training Package outcomes.

Recent resource development initiatives within TAFE have included:

• a flexible e-learning Toolbox No 9 – Fabrication
• a range of paper based resources supporting delivery of competency units focused on various welding processes, and heating and thermal cutting
• development of a textbook as a learner resource for fitting and machining and allied trade students.

TAFE NSW has developed a range of student-centred learning and assessment resources (paper based and online) that support the delivery of the Diploma-Advanced Trade.

TAFE resources will be available to non-TAFE RTOs through the TAFE NSW Resource Distribution Centre, Unit 3/61-71 Rookwood Road, Yagoona NSW 2199 (Ph.02 9793 3347) .

Availability of Registered Training Organisations

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

Funding and Incentives

At its August 2007 meeting, the NSW Board of Vocational Education and Training, endorsed the establishment of Diploma and Advanced Diploma level Apprenticeships where there is demand in line with current industry based arrangements.

In July 2007, the NSW Board of Vocational Education and Training called for a report on the funding of apprenticeship and traineeship training in New South Wales. So while Diploma and Advanced Diploma qualifications may be approved for delivery as traineeship or apprenticeship pathways in New South Wales no decision on the funding of their delivery has been made.

Some targeted Diploma and Advanced Diploma qualifications attract financial assistance for eligible employers from the Commonwealth Government. Details about this assistance are available at http://www.australianapprenticeships.gov.au/employer/incentives.asp or from an Australian Apprenticeships Centre: telephone 13 38 73.

Note: This Commissioner’s Information Bulletin updates and includes previous relevant advice about these trade vocations. It supersedes information about these trades in Commissioner’s Information Bulletins 051, 076, 181, 230, 231, 296, 299 and 340.

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

PHILLIP MOORE
Commissioner for Vocational Training