​​​​Employer responsi​​bilities

ATIS-013
Version 6.2
March 2017
Employer responsibilties (PDF, 181KB)

Information ​​​to get started

The employer and apprentice or trainee have certain roles and obligations to fulfil under the training contract.

At the beginning of the apprenticeship or traineeship

The employer must:

  • Contact an Australian Apprenticeship Support Network (AASN) provider to arrange the signing of a training contract.
  • Ensure the training contract is signed by the parties within 14 days of the start of the apprenticeship or traineeship.
  • Select a training organisation in consultation with the apprentice or trainee.
  • Take all reasonable steps to ensure that the training contract is given to the AASN provider within 28 days of the start of the apprenticeship or traineeship.
  • ​Negotiate a training plan with the apprentice or trainee and the training organisation within three months of the start of the apprenticeship or traineeship.

Further responsibilities that relate specifically to school-based apprenticeships and traineeships:

  • If the student is outside years 10, 11 or 12, prepare and submit a business case for the proposed school-based arrangement to the Department of Education and Training.
  • ​Obtain the school's agreement to the school-based arrangement.

During the apprenticeship or traineeship

The employer must:

  • ​Deliver training as negotiated in the training plan.
  • Provide, or arrange to provide, the facilities and range of work as specified in the training plan, ensuring the apprentice or trainee is adequately supervised by a qualified person. Read the ATIS-039 Adequate training arrangements in the workplace information sheet for a definition of a qualified person.
  • Pay the wages and provide the entitlements specified in the relevant industrial relations instrument.
  • Release the apprentice or trainee from work and pay the appropriate wages to attend any off-the-job training, including assessment as provided for in the training plan. This may not apply to school-based apprentices and trainees and the employer would need to check the relevant industrial instrument.
  • Discharge all lawful obligations of an employer, including those relating to workplace health and safety.
  • At reasonable intervals of not more than three months, update the training record.
  • Negotiate a training plan within 28 days where the current training plan has ended due to change of training organisation or transfer of training contract.​

Further​ responsibilities that relate specifically to school-based apprenticeships and traineeships:

  • Provide the minimum 375 hours (50 days) of paid employment each year of the school-based apprenticeship and traineeship. If in electrotechnology, the minimum is 600 hours (80 days).
  • Ensure the school-based arrangement impacts the student's school timetable.

At completion of the apprentic​eship or traineeship

The ATIS-009 Completing an apprenticeship or traineeship information sheet​ provides all requirements where the employer and their apprentice or trainee agree the apprenticeship or traineeship is ready for completion.

Events where the e​mployer must notify their AASN provider or the department

The employer must notify their AASN provider or the department in writing within 14 days of any of the following events:

  • Agreement by the parties to amend or cancel the training contract.
  • Deciding that the apprentice or trainee is unlikely to meet the requirements of their training plan.
  • If the apprenticeship or tr​aineeship will not be completed within the nominal term and an extension is required.
  • Sale or disposal of the business by the employer.
  • Dissolution or change of business partnership.
  • Where the purchaser of a business agrees to continue to train an apprentice or trainee, the employer must give notice to the AASN provider or the department of the agreement. On receipt of this notification, the training contract is taken to be assigned to the purchaser of the business (the new employer). Note that if a purchaser/new owner or new partnership does not wish to retain an apprentice or trainee, they must notify the AASN provider or the department in writing before the change takes effect.
  • Temporary transfer of a training contract (within seven days after the day the transfer takes effect).
  • Suspension of a training contract - suspension effect date cannot be less than seven days from the date the advice was given to their AASN provider or the department.​

However, if the training contract ends during the probationary period, the employer must notify their AASN provider or the department within seven days of the apprenticeship or traineeship ending.

School-based apprentices and some school-based trainees will not complete their apprenticeship or traineeship while at school. Employers are required to convert the training contract to full-time or part-time when the apprentice or trainee completes their final day at school.

This is an automatic process carried out by the department. However, if the student leaves school before the end of Year 12, the parties will need to convert the training contract using ATF-035 Amendment of a registered training contract form. Once converted, appropriate award wages and conditions apply.

The employer must not directly or indirectly:

  • Obstruct or discourage in any way, the apprentice or trainee from participating in the training required under the training plan to be delivered by the training organisation.
  • Place the apprentice or trainee at a disadvantage, because they participate or attempt to participate in the required training.

It is very important that parties maintain open lines of communication and attempt to resolv​e disputes between themselves in the first instance. If these attempts fail, disputes should be referred to the AASN provider or the department for further assistance and early intervention.

For further infor​​​mation

Phone:

  • the nominated AASN provider
  • Apprenticeships Info on 1800 210 210 regarding employer obligations under the training contract
  • Fair Work Ombudsman on 13 13 94 regarding employment concerns.

Related documents:

Licence
Creative Commons Attribution 3.0 Australia (CC BY 3.0) (https://creativecommons.org/licenses/by/3.0/au/ )
Last updated
07 March 2017