Parties engaged in school based apprenticeships and traineeships must comply with the following requirements:
Compliance with relevant legislation and policies
Under apprenticeship and traineeship arrangements employers are responsible for ensuring compliance with all relevant Australian and NT government legislation, regulations and policies including, but not limited to:
- Fair Work (Registered Organisation) Act 2009
- Work Health and Safety (National Uniform Legislation) Act as in force at 2 June 2014
- Anti-Discrimination Act
- NT Employment and Training Act 2004 (the Act)
- Apprenticeships and traineeships policy
- Apprentice and trainee travel and accommodation subsidy scheme policy
- National training plan principles policy.
Minimum days in the workplace
School based apprentices and trainees must undertake a minimum of 48 days per year of paid work from the date of commencement of the school based apprenticeship or traineeship.
This minimum requirement should not be interpreted in a way that artificially limits the amount of time school based apprentices and trainees spend in the workplace. The pattern of school, work and training must be negotiated between the school, employer, school based apprentice’ or trainee’ parent or guardian and RTO prior to commencement of a school based apprenticeship or traineeship and should be flexible in order to reflect the learning needs of individual.
Averaging of hours
The averaging of hours of employment and training should be permitted for all contracts of training. School based apprenticeship and traineeship hours of employment and training may be averaged over three months.
Wages and conditions
Wages and conditions for school based apprenticeships and traineeships arrangements are set out in the relevant industrial instruments, for example, modern awards or certified agreements.
Information relating to pay and conditions can be accessed through the Australian Apprenticeship Support Network provider Workplace Relations Information Service.
Further advice on pay and conditions can be sought through the Fair Work Ombudsman.
Unless otherwise stipulated in an industrial instrument, employers of school based apprentices and trainees are not required to pay wages to students for the time spent in ‘off the job’ training provided by the RTO if the training is provided at premises other than the workplace.
The Act sets the requirements for workplace supervision of apprentices and trainees at one supervisor to one apprentice or trainee. Applications to exceed this ratio (up to a maximum ratio of one supervisor to four apprentices or trainees) may be lodged through the Australian Apprenticeships Support Network provider for consideration.
Employers are required to provide a workplace induction for anyone commencing a school based apprentices or trainees. The induction should cover occupational health and safety requirements, wages and conditions and organisational policies and procedures.
The Australian Apprenticeships Support Network provider is also required to provide an induction for both the employer and school based apprentices and trainees in relation to the contract of training obligations, roles and responsibilities and requirements of the Act.
Working with children clearance
It is mandatory for people who have contact or potential contact with children under the age of 18 years in certain specified areas of employment and or training to hold a working with children clearance notice (Ochre Card). Further information can be found in the Care and Protection of Children Act.
Articulation from school based apprenticeships and traineeships to a full or part-time apprenticeship or traineeship
Where a school based apprentice or trainee is no longer enrolled in a registered school and the contract of training remains in place, arrangements must be made through the Australian Apprenticeships Support Network provider to convert the arrangement to either a part time or full time apprenticeship or traineeship.
Last updated: 05 June 2019
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