Problem solving and conflict resolution
From time to time in many work places we are faced with various problems and some times conflict.
This page provides information how State Training Services can assist you and your apprentice or trainee should you experience any problems or conflict within the duration of the training contract.
On this page:
Solving problems
State Training Services can assist if you experience problems during an apprenticeship or traineeship. If difficulties arise between the employer and apprentice or trainee, the local State Training Services office should be contacted immediately on 13 2811.
Employers should note that they are required by the Apprenticeship and Traineeship Act 2001 to notify State Training Services within fourteen days of any occurrence which adversely affects the training of their apprentice or trainee. This not only includes disputes but also workplace accidents or extended periods of absence due to illness.
Problems that can lead to disputes
Disputes can arise from a wide variety of issues, including:
- claims that either party is not meeting their obligations under the training contract
- workplace safety and harassment problems
- concerns that wages and award conditions are not being met
- personal differences between the employer and the apprentice or trainee
- failure of the parties to agree about a request to transfer, suspend, cancel or vary the training contract.
Help available through State Training Services
Employers, apprentices and trainees can seek confidential advice from a Training Adviser at their local State Training Services office of by calling them on 13 2811. Training Advisers are specially trained in mediation and conflict resolution and can visit the workplace to discuss the issues, provide advice and assist the parties to resolve the difficulty.
Disputes may be referred to the Vocational Training Tribunal
If the Training Advisor is not able to resolve the problem, the matter will be referred to the NSW Vocational Training Tribunal. The Tribunal will convene a hearing at which it will attempt to reach a settlement that is acceptable to all parties.
In the event that the dispute cannot be resolved, the Tribunal will make a determination that may result in the complaint being dismissed or a variation, suspension or cancellation of the apprenticeship or traineeship. The Tribunal also has the power under the Act to caution or reprimand either one or both of the parties, and to order a party to a training contract to redress the situation as it sees fit.
The Apprenticeship and Traineeship Act 2001 makes provision for certain decisions by the Commissioner or the Tribunal to be appealed. Information on this process can be obtained from the nearest State Training Services office.
An appeal will be heard by the Vocational Training Appeal Panel, at which new evidence or information may be given. A final appeal can be made to the NSW Industrial Relations Commission. This can only occur through an application to the Commission for leave to appeal. Such applications must be made within six months of the Vocational Training Appeal Panel’s determination unless otherwise allowed by the Commission.
