Construction Skills Queensland

Training Contract & Employment Issues

In order for an employer and apprentice or trainee to undertake an apprenticeship or traineeship, a training contract must be completed and signed by all parties, and then forwarded - via a New Apprenticeships Centre - to the Queensland Department of Employment and Training for registration.

The training contract is a legally binding contract that allows an employer and prospective apprentice or trainee to enter into an apprenticeship or traineeship. The training contract must be made between - and be signed by - the employer, the apprentice or trainee who will be undertaking the training, and the apprentice's or trainee's parent or guardian, if applicable.

All parties sign the training contract as an indication that they understand they are bound by the conditions of the training contract and the associated obligations.

Training contracts should be lodged with new apprenticeships centres. New apprenticeships centres can advise employers, apprentices and trainees on the rights and obligations of the parties to the training contract, answer questions on the information required in the training contract and arrange for the contract to be forwarded to the department

When does the apprenticeship/traineeship commence?

An apprenticeship or traineeship starts on the day agreed by the employer and the person who is to become the employer's apprentice or trainee. This agreement may be supported in writing, but this is not mandatory.

However, it is mandatory for a training contract to be signed, and a training plan to be completed, during the probationary period of the apprenticeship or traineeship.

Employers, apprentices and trainees, new apprenticeships centres, supervising registered training organisations and the Queensland Department of Employment and Training all have roles and responsibilities in the registration of training contracts for apprenticeships and traineeships.

Employers and prospective apprentices and trainees should contact a New Apprenticeships Centre http://www.newapprenticeships.gov.au/ or your local office of the Queensland Department of Employment and Training on 1300 369 935 for information and assistance relating to starting an apprenticeship or traineeship.

How long and what is a Probation Period?

The probationary period for an apprenticeship or traineeship is a period during which the apprentice or trainee and employer can assess their compatibility and the apprentice or trainee's suitability for the apprenticeship or traineeship. The probationary period is included as part of the total nominal term of the training contract and applies from the start date of the apprenticeship or traineeship.

As a general rule, the probationary period for a full-time apprenticeship or traineeship is 90 days for the apprenticeship and 30 days for the traineeship. There are a number of exceptions to this rule including a part time and school-based apprenticeship or traineeship.

The probationary period applies to both new training contracts and training contracts where the apprentice/trainee recommences in the same apprenticeship or traineeship.

The length of the probationary period is important because:

1. Either the employer or the apprentice or trainee may end the apprenticeship or traineeship, without the consent of the other, during the probationary period.
2. The employer and the apprentice or trainee must sign the training contract prior to the expiry of the probationary period.
3. The initial training plan for an apprentice or trainee should be signed before the probationary period ends.
4. Any request to amend the probationary period must be made before the effective date of the amendment.The probationary period can be shortened or lengthened.
5. The local regional office of the Queensland Department of Employment and Training must receive the signed training contract within one month from the expiry of the applicable probationary period.
   Where the apprentice or trainee held a position with the employer immediately prior to the commencement of the apprenticeship or traineeship, that person and the employer are subject to the Industrial Relations Act 1999 regarding reinstatement to the previous position. Telephone Wageline on 1300 369 945 for more information.

Ratio of apprentices and trainees to qualified persons (including tradespersons)

An employer of an apprentice or trainee must provide the training agreed to with the supervising registered training organisation and recorded in the apprentice or trainee's training plan. This training will need to be carried out by a suitably qualified person or persons.

The number of apprentices or trainees, who may be employed in a workplace, is set at the ratio of one apprentice or trainee to each qualified person (including tradesperson) employed at the workplace.

The supervising registered training organisation is responsible for undertaking an employer resource assessment prior to the registration of the training contract. As part of this assessment the organisation identifies if the employer is able to provide or arrange to provide the facilities, range of work, supervision and training required under the training plan for the apprentice or trainee. This includes, if necessary, whether the employer is able to provide training for apprentices or trainees in excess of the allowable ratio.

The supervising registered training organisation may however, refer the matter to the local office of the Department of Employment and Training for consideration when all the requirements are unable to be met, but SRTOs are reasonably satisfied the outcomes of the qualification and apprenticeship and traineeship can be achieved.

For the purpose of providing training under the act a qualified person is:

1. a person who has satisfactorily completed an apprenticeship or traineeship in the apprentice's or trainee's calling and is the holder of a Completion Certificate issued under an act or
2. a person who holds a Certificate of Recognition issued under an act in the apprentice's or trainee's calling or
3. a tradesperson as defined under a specific industrial instrument or
4. a person who holds an Australian Recognised Trade Certificate (ARTC) issued under the Tradesperson's Rights Regulation Act 1946 or
5. a person who holds a qualification in the apprentice's or trainee's calling or
6. a person individually or persons collectively who has/have documented competence (achieved through an RPL or training pathway) in all the competencies the employer is required to provide training for under the apprentice's training plan; or
7. a person individually or persons collectively who has/have documented competence (achieved through an RPL or training pathway) or demonstrated competence in all the competencies the employer is required to provide training for under the trainee's training plan; or
8. a person undertaking a traineeship, at a higher level than the trainee's, whose traineeship incorporates supervisory or co-ordinating skills and who has documented competence (achieved through an RPL or training pathway) in at least one of the competencies the employer is required to provide to the trainee under the training plan and who is supervised by a person who qualifies under (1), and or (5) and or (7); and
9. Where a licence to practice the calling is required, the qualified person holds a current licence.

An employer of an apprentice or trainee must provide or arrange to provide the facilities, range of work, supervision and training agreed to between the employer, apprentice/trainee and the training organisation and recorded in the training plan.

The training organisation, also known as the supervising registered training organisation, will assess the employer's capacity to provide adequate training arrangements during an employer resource assessment. This is done as part of the negotiation of the training plan. This process will assist the parties to determine the required level of employer training for each apprentice or trainee. If there are concerns about the employer's training arrangements, the supervising registered training organisation must advise the local office of the Department of Employment and Training.

Training plans - for apprentices and trainees

A training plan for an apprentice or trainee is a document detailing the training to be delivered to the apprentice or trainee by the employer and supervising registered training organisation. There must be a training plan for each apprentice and trainee and must be finalised during the probation period.

It is important that the skills required for the apprentice or trainee to perform their job competently are identified in the training plan.

The Supervising Registered Training Organisation (SRTO) is required by the Queensland Department of Employment and Training to assist the parties to develop the training plan.

There is no set format for a training plan; however, the minimum information to be included in the training plan includes:

• the training to be delivered by the employer and the supervising registered training organisation
• the maximum duration of the training to be delivered by the supervising registered training organisation
• the qualification that will be issued on completion of all training detailed in the training plan.

The training plan must also contain:

• a list of the competencies/modules to be undertaken
• an agreed method of delivery and/or release pattern from work to achieve an individual competency/module
• specific timeframes for completion, demonstration and assessment of each competency and module
• timeframes for progression through the qualification
• identified specific language, literacy and numeracy support to be delivered, if applicable
• any identified current competency held by the individual, or any recognition of prior learning
• any alternative training arrangements - on-the-job or off-the-job - that may be required to assist the apprentice or trainee with special needs
• assessment details, arrangements and responsibilities of the supervising registered training organisation, employer and/or workplace assessor
• monitoring arrangements and obligations.

Training delivery options for apprenticeships and traineeships

Apprenticeships and traineeships combine work with structured training. This training is most effective when it is designed to suit the needs of the specific apprenticeship or traineeship, the needs of the employer, and the needs and learning styles of the apprentice or trainee.

Training can be delivered using one or more of the following options:

• in an appropriate environment, such as an employer's premises, TAFE institute or private college where training is delivered by the supervising registered training organisation;
• using flexible delivery methods, such as video link, teleconferencing, correspondence, work books, online self-paced learning, or an internet classroom link, where training is delivered by the supervising registered training organisation;
• in the workplace, where training is delivered by the employer

Training delivery modes

The Department of Employment and Training has clarified and defined terms used to describe the methods of delivery of training. These various methods are classroom, flexible and work-based delivery. Definitions of training and monitoring requirements for all delivery modes can be found on the departmental website.

Supervising registered training organisations can determine the most appropriate method for delivering training that meets the conditions outlined below:

• Unless otherwise approved by the Training and Employment Recognition Council, apprenticeships and traineeships require for each method of delivery that apprentices or trainees must withdraw from routine work practices for the purpose of supervised training and assessment. This requirement is to meet the need for the delivery of underpinning knowledge and/or understanding of theoretical propositions involved in achievement of the competency standards as detailed in the training plan.

Training record

The purpose of a training record is to record the progress and achievement of competencies, as noted in the training plan, of an apprentice or trainee

The training record provides evidence that all competencies required for the chosen qualification have been achieved.

The parties to the training plan have the responsibility to keep a record of the training completed for the apprenticeship or traineeship.

There is no set format for a training record. It may be kept in any way the supervising registered training organisation considers appropriate. For example, the training record may be kept in booklet form, or in an electronic format.

The apprentice and trainee must keep the training record in their possession, except where it is required by the supervising registered training organisation or employer for inspection or update.

The supervising registered training organisation and the employer must, at reasonable intervals of not more than 3 months, require the apprentice or trainee to produce the training record to have particulars of completed training entered.

Apprentice/Trainee Training Tips for employers

• On-the-job training needs to relate to the ‘whole’ job
• Avoid using apprentices only for jobs that no wants to do – this limits their learning
• It’s important that they learn on the job skills and dealing with people, such as clients
• Teach them importance of people, materials and time in term of the profitability of your business
• Like anyone, they can get frustrated with doing the same tasks repeatedly. Give them a range of tasks to experience work as it is. This benefits your business in the long term giving them a wide range of skills.
• Teach them how you resolve problems on the job
• First impressions last a long time when you’re new to the job
• Remember - Apprentices / trainees are only as good as their teacher
• Take the time to train – the process may seem slow initially, but will pay off in the long term by having a specially trained, productive worker.
• Build a long term relationship – this is as important as the skills and knowledge to teach them
• Sometime you need to be aware of giving simple, clear instructions
• Answer their questions, it can speed up their learning process
• Take time to show them your way of doing things and the standards you require. The more you invest in teaching them your way, the more productive they will be
• Give positive reinforcement - increases loyalty and drives learning
• Create open communication and a team environment. Apprentices/trainees may need to call on the expertise of others when you’re not around.

Wage FAQ's

Paying apprentices and trainees for time spent undertaking supervised training

What is supervised training?

The Industrial Relations Act 1999 defines "supervised training" as all training, up to the maximum period required to be delivered by a supervising registered training organisation during the apprenticeship or traineeship. Each apprenticeship and traineeship is linked to an approved qualification. Supervised training, for the approved qualification can be undertaken by any means. It could be by block release, workplace delivery, on line learning, video link and completing workbooks or correspondence papers or any other method. It can be undertaken by an apprentice or trainee at a college, at work, at home or another venue. It can be supervised by a trainer from the supervising registered training organisation, or by the employer acting on behalf of the training organisation.

The employer have to pay wages for "off the job" training.

What wages does the employer have to pay for supervised training?

Under the provisions of the Industrial Relations Act 1999 all employers must pay their apprentices and trainees wages for participation in all supervised training, up to the maximum period required under the Vocational, Education, Training and Employment Act 2000 to be delivered by a supervising registered training organisation during the apprenticeship or traineeship. Additionally, the Industrial Relations Act 1999 states that supervised training is taken to be:

1. time worked for the employer; and
2. ordinary working hours when calculating the apprentice's or trainee's wages and employment conditions.

Example: A trainee is required to work 38 ordinary hours a week under an award. In a particular week, the trainee spends 30 hours working for the employer and 10 hours undertaking supervised training. The trainee is entitled to be paid 38 hours ordinary time (which includes 10 hours ordinary time for the time spent undertaking supervised training) and 2 hours overtime.

The supervising registered training organisation will be able to advise the approved nominal hours.

What other responsibilities does an employer have in relation to supervised training?

As the Industrial Relation Act 1999 also provides that time spent by an apprentice or trainee undertaking supervised training is time worked for the employer, the employer is required to record the times spent by the apprentice or trainee undertaking supervised training in their Time and Wages Record. This can be done by requiring the apprentice or trainee to complete and submit a time sheet for the time so spent. Apprentices and trainees could also be advised to maintain their own diary of time spent undertaking their supervised training activities.

Employers also have an obligation under the Vocational, Education, Training and Employment Act 2000 to release their apprentice or trainee from work for any supervised training required and must not obstruct the apprentice or trainee from participating in the training required under the training plan to be delivered by the supervising registered training organisation.

Does this legislation apply to all apprentices and trainees?

The legislation applies to all apprentices and trainees except those undertaking a school-based apprenticeship or traineeship. Employers are not required to pay wages for the supervised training of school-based apprentices and trainees, however, when a school-based apprentice or trainee is no longer enrolled at school, the exemption no longer applies and they must be paid for their supervised training.

Do employers who are paying for the Supervising Registered Training Organisation to provide the supervised training on a "fee for service" basis still have to pay wages to their apprentice or trainee while they are undertaking their supervised training?

Yes. The employer is required to pay the wages to their apprentice or trainee regardless of how the supervised training is paid for - e.g. "fee for service" payment or government funding such as User Choice.

If an apprentice or trainee has been paid for the maximum number of hours and has not successfully completed or finished their course, does the employer have to pay wages for the remaining supervised training?

When the employer has paid the apprentice or trainee for all the maximum number of hours approved by the Training and Employment Recognition Council and the person has not successfully completed the course the employer is not required to make any further payment of wages for the supervised training.

Is an employer only required to pay the apprentice or trainee when they are attending a college?

No. The employer is required to pay the apprentice or trainee regardless of the way the supervised training is delivered - eg block release, day release, workplace delivery, self-paced delivery and completing workbooks or correspondence course papers at work or at home.

If an apprentice or trainee spends time at home doing extra study, are they entitled to be paid for these hours?

The legislation is restricted to payment for supervised training. This is distinguished from doing extra study to ensure the examinations are passed or extra training for specific needs such as language, literacy or numeracy. If the apprentice or trainee was doing extra (non-compulsory) study there would be no entitlement to payment.

How do I know what is the maximum number of hours for an apprentice or trainee's course or qualification?

Your training provider will be able to advise you of the number of approved nominal hours. This must be included in the training plan which is signed by the employer, the apprentice or trainee and the training provider.

If an apprentice or trainee attends college for 40 hours per week and the award stipulates a 38-hour week, is there an entitlement to 2 hours overtime?

No. All time spent attending college is paid for at ordinary rates. The entitlement would be for 40 ordinary hours pay. Overtime would be applicable only if the apprentice or trainee performed additional work for the employer over and above the college attendance and the combined hours were greater than the ordinary hours of the award.

For further information about paying apprentices undertaking training fact sheet.

Please telephone Wageline on 1300 369 945 if you have any other enquiries regarding payment for supervised training.