Problem solving and conflict resolution
From time to time in many work places we are faced with various problems and result in conflict.
This page provides information how Training Services NSW 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
- Problems that can lead to disputes
- Help available through Training Services NSW
- Disputes may be referred to the Commissioner
Training Services NSW can assist if you experience problems during an apprenticeship or traineeship. If difficulties arise between the employer and apprentice or trainee, the local Training Services NSW regional office should be contacted immediately on 13 28 11.
Employers should note that they are required by the Apprenticeship and Traineeship Act 2001 to notify Training Services NSW 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 Training Services NSW
Employers, apprentices and trainees can seek confidential advice from a Training Adviser at their local Training Services NSW regional office of by calling them on 13 28 11. 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 Comissioner
If the Training Advisor is not able to resolve the problem, the matter will be referred to the Commissioner via the apprenticeship and traineeship unit. The Commissioner may 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 Commissioner’s delegate will make a determination that may result in the complaint being dismissed or a variation, suspension or cancellation of the apprenticeship or traineeship. The Commissioner 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 to be reviewed. Information on this process can be obtained from the nearest Training Services NSW office.
An Internal Review application must be made will be heard by a nominated Internal Reviewer, at which new evidence or information may be given. A person aggrieved by any of the outcome of an Internal Review under Section 54 of the Act may appeal to the NSW Civil and Administrative Tribunal (NCAT) Administrative and Equal Opportunity Division against the decision.