Dispute resolution

Help is available if difficulties arise with an apprenticeship or traineeship.

Dispute resolution

If difficulties arise between the employer and apprentice or trainee, the local Training Services NSW Centre should be contacted immediately. A Training Advisor can visit the workplace to discuss the issues, give advice and attempt to resolve the dispute.

If the Training Advisor is not able to resolve the dispute, the matter will be referred to the Commissioner for resolution. The Commissioner will convene a hearing, to effect a settlement that is acceptable to all parties, or make a determination if an acceptable settlement cannot be reached.

The Commissioner determines complaints either by dismissing the complaint or resolving it (depending on its merits) and may order the parties to take a particular course of action.

The Commissioner is given authority under the provisions of the Apprenticeship and Traineeship Act 2001 to provide for the regulation of apprenticeships and traineeships and other purposes. Hearings are chaired by the Commissioner for Vocational Training (or the Commissioner's delegate) and when required Industrial Representatives. The representatives may consist of members who represent the NSW Government, employers and their associations, industry groups, unions and public and private registered training organisations.

What is the role of the Commissioner for Vocational Training?

The Commissioner:

  • conciliates and determines disputes between employers and apprentices or trainees
  • considers applications for transfer or cancellation of an apprenticeship or traineeship when disagreement exists between the apprentice or trainee and the employer
  • considers applications for variation to a training contract or training plan of an apprenticeship or traineeship when the application is outside the local Training Services NSW Centre delegations
  • considers applications for a Certificate of Proficiency via recognition of trade qualifications gained in NSW or elsewhere

Note: Information about the appeals process.

Page last updated: 29 June 2018