Overview
Requests to vary a training contract or training plan may be authorised by the Commissioner for Vocational Training (the Commissioner) under s21 of the Apprenticeship and Traineeship Act 2001 (the Act).
Requests for variations may be made by the employer and the apprentice or trainee, or by either party alone. The consent of both parties to the training contract is required before the variation can be approved.
Variation applications that are dismissed are subject to appeal under s54(1)(d) of the Act.
Types of variation requests
The types of variations that can be made to a training contract or training plan include:
- change of contract type
- change of vocation and/or qualification
- change of employment type
- variation of term (includes competency based completion, extension of term and credit adjustment requests)
- variation of training plan (includes change of Registered Training Organisation (RTO) and change of mode of training delivery)
See below for more information about each of these types of variation.
Note: Competency-based completion of apprenticeships and traineeships is authorised under s21 of the Act but these transactions are processed by Training Services NSW as completion rather than variation transactions. For more information see the policy and procedures item Competency-Based Completion of Apprenticeships and Traineeships in NSW.
When can training contracts and training plans be varied?
Only current, approved training contracts can be varied under s21 of the Act.
For training contracts not yet approved by the Commissioner, details of amendments to the apprenticeship or traineeship application may be provided to Training Services NSW by forwarding a copy of the amended training contract (with amendments initialled by the parties).
Requests for variation of approved training contacts or training plans must be received from the parties prior to the expected completion date of the apprenticeship or traineeship. If the completion date has already elapsed, the contract is considered to be no longer in effect and is not subject to variation.
Change of contract type
Apprenticeships and traineeships in NSW are categorised as one of the following contract types:
FA - Full Apprenticeship
TA - Trainee Apprenticeship
SBA - School Based Apprenticeship
NET - New Entrant Traineeship
EWT - Existing Worker Traineeship
SBT - School Based Traineeship
In some circumstances, requests to vary the contract type may be approved. In other instances, the parties will be required to cancel the existing contract and re-establish a new contract.
Change of vocation and/or qualification
Applications to change the vocation and/or qualification of a training contract may be supported in the following circumstances:
- Where the vocation specified on the approved training contract was incorrect as a result of an error or poor advice to the parties
- Where the on-the-job training and range of work undertaken by the apprentice or trainee is not consistent with the vocation specified on the approved training contract
- Where the RTO has enrolled or wishes to enrol the apprentice or trainee in a qualification other than the qualification specified on the approved training contract and there are sound reasons why the request should be supported.
Change of employment type
Employment arrangements of apprentices and trainees in NSW are categorised as:
Full time - permanent employees working full-time hours as specified in the relevant industrial award or agreement
Part time - permanent employees working less than the full time hours specified in the relevant industrial award or agreement, but at least the minimum average hours per week specified in the relevant Vocational Training Order.
At school - school students undertaking an approved School Based Apprenticeship or School Based Traineeship.
Variation of term
Extension of term
Requests for extension of the term of a training contract will be considered when:
- The application is lodged with the Commissioner before the expected completion date
- There are sound reasons for the request
- The application is supported by an amended Training Plan from the RTO showing that the learner will complete the relevant qualification within the extended term. The amended Training Plan should show:
- Units of Competency already completed
- Units of Competency yet to be completed and scheduled assessment dates for these units
Where the reason for the request is failure of the apprentice or trainee to make satisfactory progress in completing their formal training, the application will not automatically be approved as it will need to be investigated by Training Services NSW to ensure that all the requirements of the apprenticeship or traineeship have been and will continue to be complied with.
Credit adjustment request
Credit may be allowed for skills gained prior to commencement of an apprenticeship or traineeship. Where credit is approved, it will reduce the term of the training contract.
Requests to increase or decrease the credit that was allowed when the training contract was approved may arise when:
- Previous relevant qualifications or workplace experience that could have made the apprentice or trainee eligible for credit have been overlooked in preparing the training contract
- Documentation needed to support a credit request was not previously available but has now been obtained.
- The apprentice’s or trainee’s skill levels are not consistent with the credit applied for in the training contract and subsequently approved by the Commissioner
Note that retrospectively adjusting approved credit may have industrial relations implications.
Variation of Training Plan
Change of RTO
When the parties apply to change the RTO, they will be asked to identify the reasons for doing so:
- They may be dissatisfied with the current RTO’s quality of service in delivering training, assessing skills or providing support for formal training
- The current RTO may have ceased to operate, have been de-registered or had the relevant qualification deleted from its scope of registration
Where a change of RTO is notified, the current RTO should be asked, where appropriate, to provide a Statement of Attainment giving details of those units of competency successfully completed by the apprentice or trainee. A copy of the Statement of Attainment should be provided to the new RTO and any credit or advanced standing should be reflected in the new Training Plan.
Change of mode of delivery
Applications to change the mode of delivery of the formal training will be considered when:
- The mode of delivery selected is suitable for the type of qualification being undertaken
- The employer’s business can support the selected mode of delivery
- The proposed change will not adversely affect the learner’s capacity to successfully complete the formal training within the term of the training contract