Issued: 15 March 2004
Reviewed: 4 July 2013
Generally, the minimum requirement under an apprenticeship or traineeship is that a person who can demonstrate the competencies relevant to the vocation the apprentice/trainee is employed in will supervise the apprentice/trainee in the workplace. For apprentices, this will usually be a person who is a qualified tradesperson in that trade.
The employer must ensure that each apprentice/trainee has the necessary support and an appropriate level and quality of supervision on the job. The level of supervision provided should be aimed at facilitating the successful achievement of the relevant competencies for each individual apprentice/trainee. It should be reassessed on a regular basis by taking into account the stage the apprenticeship/traineeship is at and the experience and training the apprentice/trainee has received in a particular task.
There are a number of requirements that set out an employer’s responsibilities for the supervision of apprentices and trainees in the workplace.
- Vocational Training Orders specify the required training apprentices and trainees should undertake to achieve the competencies specified in applicable training packages and/or in curriculum based training programs.
- Section 13 of the Apprenticeship and Traineeship Act 2001 provides that the employer of an apprentice or trainee must:
- in accordance with the relevant training plan, take all reasonable steps to enable the apprentice or trainee to receive the work-based component of the required training, in particular by providing all necessary facilities and opportunities to acquire the competencies of the vocation concerned, and
- discharge his or her obligations under the apprenticeship or traineeship as an employer of the apprentice or trainee.
Taken together, these provisions specify an obligation to ensure that an apprentice or trainee is given the appropriate on-the-job training and supervision that will allow them to gain the skills of the vocation and work in a safe manner.
- The Apprenticeship/Traineeship Training Contract specifies that an employer must provide the appropriate facilities and experienced people to facilitate the training and supervise the apprentice or trainees while at work.
- Section 39 of the NSW Work Health and Safety Regulation 2011, established under the Work Health and Safety Act 2011, provides that a person conducting a business must ensure that information, training and instruction provided to a worker is suitable and adequate having regard to the nature of the work and the risks associated with the work.
Commissioner for Vocational Training