Resolving issues - apprenticeships or traineeships

Issues at work

Sometimes, there are challenges in the workplace between employers and apprentices or trainees. 

Disputes can arise from issues, such as: 

• claims either party isn't meeting their Training Contract obligations 
• workplace safety and harassment problems 
• concerns that wages and award conditions aren't met 
• personal differences between the employer and the apprentice or trainee 
• lack of agreement about a request to transfer, suspend, cancel or vary the Training Contract. 

Here are some of the ways you can work to resolve workplace challenges. 

Dealing with lack of suitable work  

A change in business focus or downturn may mean: 

• there's less work tasks that are relevant to the apprentice/trainee's vocation 
• they can't achieve all competencies 
• they're not eligible for their qualification.  

Possible ways to resolve a lack of suitable work include: 

• Apply to Training Services to change the vocational qualification in the Training Contract. This could replace the existing qualification with one more appropriate to the work. 

• Amend the Full Training Plan with your registered training organisation(RTO). 

• Apply to suspend the Training Contract to cover the anticipated downturn period. You can resume when business picks up. Or you can negotiate a temporary suspension with your apprentice or trainee to cover a period of less than 4 weeks.

• Reduce the hours.

• Apply to transfer the Training Contract to another appropriate employer.  

• Discuss mutual contract cancellation and termination options with your employee. 

Always discuss any actions with your employee, and submit request for changes to Training Services. 

Resolving disputes 

For different reasons, disputes may arise with your apprenticeship or traineeship.  

To help resolve any dispute:  

• Contact your local Training Services centre immediately on 13 28 11. We can send a Training Advisor to your workplace. They can discuss the issues, give advice and attempt to resolve the dispute. 
• If the Training Advisor can't resolve the dispute, the matter will be referred to the Commissioner For Vocational Training.  
• The Commissioner may convene a hearing, to come to a resolution that is acceptable to all parties. 

What if you still can't reach an acceptable settlement?  

The Commissioner's delegate will make a determination.  

This may result in: 

• the complaint being dismissed or  
• a variation, suspension or cancellation of the apprenticeship or traineeship.  

The Commissioner also has the power to  

• caution or reprimand either one or both of the parties  
• to order a party to a Training Contract to redress the situation. 

What if you’re unhappy with the Commissioner’s decision?  

• Put in an Internal Review application. This will be heard by a nominated Internal Reviewer. At this point new evidence or information may be given.  
• A person unsatisfied by any of the outcome of an Internal Review under Section 54 of the Act may  
  • appeal to the NSW Civil and Administrative Tribunal (NCAT) Administrative and Equal Opportunity Division against the decision.  

Issues with formal training

You may have a concern about Inappropriate or inadequate formal training being given to your apprentice or trainee. 

The majority of training issues can be resolved through negotiation with your RTO. Always discuss your concerns with them in the first instance.

Incorrect training course

If your apprentice or trainee is getting training that is not relevant to the apprenticeship or traineeship:

• check the Full Training Plan and
• arrange with your Registered Training Organisation (RTO) to correct the error.

If the training is significantly different or a reasonable amount of time has passed, arrangements for catch up will required.

Not happy with the training provided

If you think your RTO’s training delivery is not meeting the requirements of the Full Training Plan or the standards expected, discuss your concerns with your RTO in the first instance.

If the problem continues:

• Seek assistance from your Apprentice Connect Australia Provider and/or a training advisor from your local Training Services centre who can offer advice and negotiate an outcome for you.
• You can choose to change your RTO. Your Apprentice Connect Australia Provider can assist you with choosing a new RTO.