Employment conditions
Apprenticeships and traineeships are administered in accordance with the NSW Apprenticeship and Traineeship Act 2001. Under this Act, all apprentices and trainees must be employed under an appropriate industrial arrangement or approved workplace agreement.
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Wages and awards
All apprentices and trainees must be employed under an appropriate industrial arrangement. Employers are required by law to have a copy of the relevant award or industrial agreement on file in the workplace.
Under the Industrial Relations (Child Employment) Act 2006 employers must comply with the “No net detriment principles” when employing young people.
Training wages for new entrant trainees and apprentices have been designed to account for the time the apprentice or trainee spends undertaking training and assessment. However, apprentices and trainees may be paid above the award wage as with any other employee.
Existing worker trainees retain the wages and employment conditions they had prior to commencing the traineeship.
For information about NSW State Training Wage Awards and industrial arrangements covering apprentices and trainees, visit the NSW Dept of Industrial Relations website or contact them on 13 16 28.
For information about Federal awards and agreements, visit the Commonwealth Department of Education, Employment and Workplace Relations website or contact them on 02 6121 6000.
Age
There is no maximum age limit for apprentices or trainees but minimum age requirements may apply to some vocations, such as those related to working in licensed premises.
From 2010 new legislation requires students to complete school to Year 10 and then to continue in either education and training, full-time paid employment, or a combination of education/training and employment until at least age 17.
Under exceptional circumstances, TAFE NSW will offer Certificate II vocational courses for a small number of young people who are under 17 years of age and have not completed Year 10. Special permission is required from the parent/caregiver, school and from TAFE. The decision will be based on the learner's ability and skills to study in an adult learning environment and interest in specific vocational qualifications.
Number of apprentices or trainees
State Training Services does not specify the number of apprentices or trainees who can be employed in any one workplace or the ratio of learners to supervisors. However, the employer must ensure that supervision arrangements comply with the relevant industrial award or agreement and the employer can demonstrate adequate supervision and training arrangements for each apprentice or trainee.
Duration of training contract
The nominal term of an apprenticeship or traineeship is specified in the training contract but as all apprenticeships and traineeships are competency based the actual completion date may be earlier or later than the expected completion date.
The nominal term of an apprenticeship is generally four years. This includes from two to three years of formal training delivered by a registered training organisation, usually either one day per week or in blocks of several days during the year. The final year is usually spent full-time on the job.
Traineeships generally range from six months to three years. In some industries part time traineeships with proportionally longer training terms are available.
The term of the training contract can be varied to include recognition of current skills or qualifications or extended if more time is required to learn and practice skills. Contact your local Training Adviser at State Training Services for more information by calling 13 28 11.
Probationary period
All apprenticeships and traineeships (with the exception of trainee apprenticeships) have a probationary period which varies from 1 to 3 months depending on the term of the training contract.
The date on which the probationary period ends is specified in the approval letters sent to the employer and apprentice/trainee. The probationary period can be extended by up to three months on application by the employer and apprentice/trainee.
While the apprentice/trainee is ‘on probation’, the employer or apprentice/trainee can withdraw from the training contract simply by giving the appropriate period of notice to the other party. The employer must notify State Training Services within 14 days of withdrawal.
Other conditions of employment
Like other employees, apprentices and trainees are eligible to receive entitlements such as leave (sick leave, annual leave, parental leave, bereavement leave) and allowances (tool allowance, uniform or laundry allowance, travel allowance) as set out in the relevant legislation, industrial award or agreement.
Mandatory employer superannuation contributions apply to apprentices and trainees, as for other employees.
Employers of apprentices and trainees should check with the relevant industrial authority for any obligations they might have in relation to the payment of fees for their apprentices/trainees.
Apprentices and trainees are covered by State legislation such as the Occupational Health and Safety Act 2000, which deals with safety in the workplace, and the Anti- Discrimination Act 1977, which prohibits discrimination and harassment in the workplace.
Workers’ compensation
Apprentices, trainees, trainee apprentices and existing worker trainees are all employees and should be covered by the employer’s workers compensation insurance policy for the duration of their training contract.
From 1 January 2007 employers are exempt from paying additional workers compensation premiums for their apprentices. More information about the Apprentice Incentive Scheme is available on the WorkCover website
