Responsibilities when employing apprentices and trainees
When you sign up an apprentice or trainee, you have certain roles and responsibilities according to the training contract.
Range of work and supervision
For an apprentice or trainee to succeed, they need appropriate:
- range of work
- range of facilities.
To make sure that you can meet their needs, your workplace will be assessed beforehand by a registered training organisation (RTO). The assessment is called an 'employer resource assessment'.
Pay and entitlements
Unless you are hosting an apprentice or trainee through a group training organisation, you are responsible for paying wages and providing entitlements as specified in the relevant industrial award.
Training and study
You must pay your apprentice or trainee for time spent training or studying for their apprenticeship or traineeship.
You must release your apprentice or trainee from work and pay them to attend off-the-job training and assessment.
The training might take place:
- at your workplace
- somewhere else (for example, a TAFE campus or a private college)
You must not directly or indirectly:
- discourage, obstruct, or force your apprentice or trainee from participating in their training
- disadvantage them for participating in their training.
The training plan is the document that outlines your apprentice's or trainee's training and assessment requirements needed for their chosen qualification. It is specific to their qualification and your workplace.
You are responsible for:
- jointly negotiating the training plan with your apprentice or trainee and the supervising registered training organisation (SRTO)
- delivering what is listed in your apprentice's or trainee's training plan
- updating the training plan within 28 days when it is required (due to a change of SRTO or transfer of training contract).
While the apprentice or trainee is responsible for updating the training record, you and the SRTO are jointly responsible for inspecting it at least every 3 months.
It records your apprentice's or trainee's progress and specifically, which 'competencies' they have completed.
If your apprentice is not making enough progress and neither you, your apprentice or trainee or the SRTO can resolve the problem, the department must be notified. See more about compulsory reporting (below).
Workplace health and safety
You are responsible for the health and safety of your apprentice or trainee whilst in the workplace in the same way as your other employees.
You are obliged to provide your apprentice or trainee with:
- an introduction to the workplace which covers hazard identification and risk prevention
- training in safe work procedures
- initial and ongoing supervision
- personal and protective equipment including instructions on how to effectively use and wear equipment.
You must also:
- guard hazardous plant and machinery
- prevent or minimise the risk of exposure to hazardous substances and manual handling injuries.
Under workplace health and safety legislation, your apprentice or trainee also has responsibilities, including:
- complying with your health and safety instructions
- using the personal protective equipment, you provide
- not willfully or recklessly interfering with or misusing health and safety provisions
- not willfully placing at risk the health and safety of others
- not willfully injuring himself or herself.
When you sign a registered training contract with an apprentice or trainee, it is one of your responsibilities to notify us when certain situations happen, such as your business being sold or your apprentice or trainee leaving during their probation period.
School-based apprentices or trainees
There are some specific obligations that apply when you employ a school-based apprentice or trainee.
- get the school's agreement to the school-based arrangement
- make sure the arrangement impacts the student's school timetable
- submit a business case for this arrangement to us if your student is younger than Year 10.
- provide at least 375 hours (50 days) of paid work over each 12 month period of the apprenticeship or traineeship
- provide 600 hours (80 days) of paid work if you are in the electrotechnology industry.
Paid study leave
Refer to the Fair Work Ombudsman for your obligations to pay study leave, and other apprentice entitlements.
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