Time spent by an apprentice/trainee undertaking formal training or assessment delivered by the RTO, coordinated by the RTO or undertaken at the direction of the RTO is to be counted as time worked and the employer is obligated to pay the apprentice/trainee for time spent undertaking this training.
This obligation applies throughout the duration of the apprenticeship/traineeship, including circumstances in which an apprentice/trainee is repeating training in order to achieve the relevant qualification.
The apprentice’s/trainee’s repeated failure to make satisfactory progress may reflect failure to fulfil his/her obligations under the apprenticeship/traineeship which may be grounds for disciplinary action, including cancellation of the apprenticeship/traineeship. In these circumstances, the employer is required to report the matter to the Commissioner for Vocational Training.
These requirements are supported by the following legislative provisions and requirements of the training contract and training plan.
- Section 13 of the Act provides that the employer of an apprentice or trainee must take all reasonable steps to enable the apprentice or trainee to obtain the appropriate qualification for that vocation by releasing the apprentice or trainee to attend training at the relevant RTO and liaising with the RTO in relation to their attendance and participation in the training.
- Section 19 of the Act provides that the time spent by an apprentice/ trainee in attending the training provided by an RTO is taken to form time spent fulfilling their obligations under the training contract.
- Under the provisions of the training contract the employer agrees to release the apprentice or trainee and pay the appropriate wages to attend any training and assessment specified in the relevant training plan.
- Under the requirements of the training plan the employer agrees that, where formal training is delivered in the workplace or by a method other than at the RTO premises, to release the apprentice/trainee from routine work duties with pay for a minimum of 3 hours per week averaged over a four week period to undertake training, self-paced learning or assessment activities.
- Section 16 of the Act provides that an apprentice/trainee must, in accordance with the relevant training plan make all reasonable efforts to obtain an appropriate qualification
- Under the provisions of the training contract the apprentice/trainee agrees to work towards achieving the relevant qualification and undertake any training and assessment required to achieve the qualification
- Under the requirements of the training plan, the apprentice/trainee agrees to make every effort to successfully complete the training specified in the training plan
- Under the provisions of section 15 of the Act and the requirements of the training plan the employer is required to report to the Commissioner of any failure by the apprentice/trainee to make satisfactory progress in the training provided by the RTO.
Commissioner for Vocational Training