This Newsletter should be read in conjunction with current policies and procedures and the Apprenticeship and Traineeship Act (A&T Act). If you have any feedback or content suggestions, please share them with us via email to Apprenticeships and Traineeships.
Employer Capacity to Train (on-the-job)
Pursuant to Sections 9 and 13 of the A&T Act, an employer must have the capacity to provide the work-based component of the required training in the relevant vocation. This "capacity" includes, but is not limited to appropriate:
- facilities and equipment
- range of work
- qualified and/or experienced and/or licenced supervisors
- previous performance
What does this mean?
The workplace must have the facilities and equipment that will allow the apprentice or trainee to develop the competencies required for the vocation. The employer must be able to provide the work-based training that covers the competencies of the qualification and requirements of the vocation.
For trainees the supervisor must have either the experience or the qualification, at the same or higher level, in the vocation being undertaken.
For apprentices the supervisor must be trades qualified in the vocation being undertaken. As per the A&T Act this means:
- a person who has a Certificate of Proficiency (CoP) for that vocation, or
- a person who has qualifications and experience that would entitle the person to a CoP for that vocation.
For regulated trades, the supervisor must also hold a supervisor, contractor (sole traders only) or an endorsed contractor licence. People who hold a tradesperson certificate can not supervise apprentices nor can they sign-off on licenced work on a jobsite.
An example of a regulated trade may be an electrician, this means that any supervisor must be qualified and have an appropriate licence. For a non-regulated trade this could be baking or hospitality, this means that any supervisor must have a CoP for that vocation or have the qualifications and experience that would entitle them to a CoP as a Baker.
For a company (Pty Ltd) or a partnership they must have a nominated qualified supervisor as the individual who holds the endorsed contractor licence and/or qualified supervisor certificate and is registered against a company or partnership as the person who is supervising the specialist work.
How to check a licence?
During the signup process it is the ANPs responsibility to ensure the learner is appropriately supervised by the employer. For licenced trades it is essential to validate the currency of the supervisor’s licence. Initially you should view the licence card held by the supervisor and record the number on the Training Plan Proposal (TPP). As a part of the process you must then confirm currency of the licence on the NSW Fair Trading Verify Licence website.
Manual Lodgement of Training Contracts
As an ANP you may have issues trying to elodge a Training Contract (TC) via the Commonwealth’s database Apprenticeship Data Management System (ADMS). ADMS will provide you with a lodgement error which identifies the field (question) which is causing the TC to be rejected for lodgement by TSNSW.
Contacting TSNSW
If an error with lodgement occurs as an initial step you should confirm that the Training Contract has been lodged with the correct details related to the error and attempt to relodge the TC. If you are unable to resolve the error you must contact Application Support to request assistance with the lodgement. Application Support has access to ADMS and can review the TC to identify if there are any errors which need to be resolved by the ANP.
If Application Support cannot resolve the error message they may provide agreement for the TC to be manually lodged with the appropriate TSNSW office. This may be because the learner has been deemed competent in a superseded qualification or may be continuing to train within the extended transition period and the qualification is no longer attached to the VTO as an Approved or Alternate Qualification.
Application Support will confirm manual lodge the TC or if the TC needs to be amended to reflect the correct policies under the A&T Act. If manual lodgement is approved the ANP must provide (to the TSNSW Home Centre):
- the TC, and
- the Training Plan Proposal (TPP) or Training Plan (TP), and
- any supporting evidence required to assess the TC under the A&T Act and supporting policies, and
- the email confirming manual lodgement from Application Support, and
- the TYIMS Client ID, TYIMS, App ID and TYIMS Reg ID.
Please note: agreement for manual lodgement by Application Support does not mean the TC will be approved by a delegated officer. All obligations must be met by the parties as per the A&T Act and relevant policies and procedures.
Superseded Qualifications
When undertaking a signup please ensure you review the superseded qualification teach out period as well as any extensions to the teach out period. Approval for manual lodgement outside of the ASQA requirements is not at the discretion of TSNSW. Generally, if a qualification has been superseded and there is no extension to the teach out period, the learner must be enrolled in the most recent qualification.
Where it is at the detriment of the learner to transition into a new qualification RTOs must seek an exemption from an ASQA representative to continue to train the learner. Where TSNSN has concerns about the delivery of the qualification, they will contact the RTO to confirm the correct qualification is being undertaken.
Advanced Entry – Transition
Advanced entry is where a person has completed a lower level qualification which is specified in the VTO (same National Code) and is given an automatic term reduction (amount also specified in the VTO). Applicants who hold the lower-level qualification specified in the VTO must comply with the advanced entry VTO term.
Where a lower-level qualification is no longer identified as "Advanced Entry" in an updated CIB/VTO, the TC should be lodged in the current VTO, credit can be applied for where the learner has completed the lower-level qualification and both parties agree. The amount of credit mandated in the old VTO may be used as a guide to determine appropriate credit in this situation.
Requirements for CHC33021 Certificate III in Individual Support Traineeships in a Home Environment
Employers considering the establishment of traineeships delivering care in the home environment (including personal care, domestic duties and respite care, as well as support services outside the home) must be able to implement and support a suitable, effective and sufficient training and supervision program. Trainees must have immediate present supervision and/or buddying until the trainee is assessed as capable to work in each home care industry context with a particular client type (e.g., aged, disabled etc), on identified tasks or within a defined scope of practice (e.g. cleaning, personal care, etc.) suitable to their individual capabilities, with adequate supervision components in place.
Before lodging a training contract application for approval, an employer must develop a business case model demonstrating appropriate, effective and sufficient supervision and on-the-job training to meet their obligations.
All applications for in home environment traineeships lodged with Training Services NSW for approval must have an effective and sufficient supervision and on-the-job training model in place that meets the minimum requirements. As a part of their assessment of the TC, Training Services NSW staff may seek formal evidence of this supervision model which may include a copy of the business case model and/or visit the workplace to assess whether these requirements are in place.
Please refer to the CIB 744 for more information on ‘Individual Support in a home environment’.
Part time Bread Baking Pilot Program
On 10 March 2023 CIB 730 Food Processing was updated to include a Part Time Bread Baking Pilot Program. Learners must be undertaking the qualification FBP30421 Certificate III in Bread Baking. The term for a part-time apprenticeship in this pilot is 60 months, or until the relevant competencies are achieved. Where an apprentice holds a Certificate II in Baking, the proposed duration is 48 months or until the relevant competencies are achieved. Participants are required to undertake 35% of the course (equivalent of 5 Units of Competence) in the first 12 months of employment.
The duration for this pilot is initially 12 months to allow commencement and evaluation of the participants’ progression. This pilot allows learners from participating employers to commence in the first quarter of 2023.
Note: This pilot, and vocational training order, is only available to those learners participating in the pilot.
Please contact NSW Agriculture, Food and Animal Management (AFAM) ITAB Jess Cleary mobile 0402 126 312 for more information on this pilot program.
Recently published CIBs
The following Commissioner Information Bulletins (CIBs) have been published recently.
- CIB - 753 - LMT - Textiles, Clothing and Footwear - apprenticeships and traineeships - new 15/09/23
- CIB - 511 - SIS - Sport, Fitness and Recreation - traineeships - updated 1/09/23
- CIB - 730 - FBP - Food Processing and Food, Beverage and Pharmaceutical - apprenticeships and traineeships - updated 1/09/23
- CIB - 752 - BSB - Business Services - traineeships - new 25/08/23
- CIB - 750 - UEE - Electrotechnology - apprenticeships and traineeships - new 18/08/23
- CIB - 751 - AMP - Meat Processing - apprenticeships and traineeships - new 11/08/23
- CIB - 749 - AHC - Agriculture, Horticulture and Conservation / Land Management - apprenticeships and traineeships - new 28/07/23
- CIB - 723 - MSS - Sustainability - traineeships - updated 21/07/23
- CIB - 748 - MEM - Engineering - apprenticeships and traineeships - new 14/07/23
- CIB - 744 - CHC - Community Services - traineeships - updated 7/07/23
If you have any questions or concerns regarding any published CIBs please email the team via apprenticeshipsandtraineeships@det.nsw.edu.au or contact your local TSNSW office on 132811.
Regional Apprentice and University Student Travel Card
Applications for the Regional Apprentice and University Student Travel Card are suspended as the trial program is being reviewed. No new applications will be accepted at this time. Existing cardholders can continue to use their travel card until it expires. More information.
Free Victorian Trade Apprentice Registration Discount
From 1 July 2023, apprentices residing in Victoria who are undertaking apprenticeships in NSW may be eligible to apply for free registration on their vehicle. A SMS was sent to approximately 1,950 Victoria cross border apprentices to promote the Victorian Trade Apprentice Free Registration Scheme in early July.
For more information please visit www.vicroads.vic.gov.au/registration/registration-fees/concessions-and-discounts/trade-apprentice-registration-discount
Contact Us
For further information about any of our policies and procedures, or programs, please contact your local TSNSW office on 13 28 11.
This Newsletter will be published in the Resources Library and a link will be included on the ANP Bulletins page on our website.