Employment and training legitimacy check
Version 2.1
May 2009
Employment and training legitimacy check [PDF 61kB]
What is it?
Supervising registered training organisations should be aware that applications for registration of training contracts are approved on the basis of the information that the employer and apprentice or trainee provide in the training contract. The approved training contract constitutes a legal contract of employment and training.
The Department of Education and Training (DET) has been forced to take action in a number of cases where the employment and training relationship between the parties to the contract has been found to be non-existent.
Should any training contract subsequently be found to contain false or misleading information the original approval may be repealed. In this event, action may be taken by the Commonwealth and/or State to:
-
recover funds paid to supervising registered training organisations for training delivered to 'illegal apprentices or trainees'
-
recover any Queensland Government incentives and/or subsidies paid
-
recover any Commonwealth incentives and/or subsidies paid
-
prosecute for breaches of provisions of the Vocational Education, Training and Employment Act 2000
-
other action as deemed appropriate by DET.
During the preparation of training plans supervising registered training organisations have an opportunity to discuss matters that are identified in the training contract, such as:
-
Will the apprentice or trainee be able to receive appropriate supervision and training?
-
Are the facilities and expertise to train the apprentice or trainee suitable?
-
Is there an agreement to release the apprentice or trainee to attend college for training and/or assessment when/if required?
-
Does the apprentice or trainee receive wages?
-
Do the employment and training arrangements comply with current part-time and existing worker criteria?
A number of these issues also affect the ability of supervising registered training organisations to meet their responsibilities under the User Choice contract.
Who to contact?
In cases where the legality of the employment and training arrangements is questionable, the supervising registered training organisation should seek the assistance of DET through Apprenticeships Info on 1800 210 210.