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Home > Training organisations > Reference sheets > Paying apprentices and trainees for supervised training

Paying apprentices and trainees for supervised training

Version 2.2
September 2009
Paying apprentices and trainees for supervised training [PDF 86kB]

What is it?

In recent years, there has been a more flexible approach to the provision of 'off-the-job' training; however, the responsibility of the employer to pay wages for 'off-the-job' training has not changed. As a result of this flexible approach, 'off-the-job' is now referred to as 'supervised training'.

The Industrial Relations Act 1999 defines 'supervised training' as all training, up to the maximum period required to be delivered by a training organisation during the apprenticeship or traineeship. Each apprenticeship and traineeship is linked to an approved qualification. Supervised training, for the approved qualification, can be undertaken by any means. It could be by block release, workplace delivery, on-line learning, video link and completing workbooks or correspondence papers or any other method. It can be undertaken by an apprentice or trainee at a college, at work, at home or some other venue. It can be supervised by a trainer from the training organisation, or by the employer acting on behalf of the training organisation.

What wages does the employer have to pay for supervised training?

Under the provisions of the Industrial Relations Act 1999 all employers must pay their apprentices and trainees wages for participation in all supervised training, up to the maximum period required under the Vocational, Education, Training and Employment Act 2000 (the Act) to be delivered by a training organisation during the apprenticeship or traineeship. Additionally, the Industrial Relations Act 1999 states that supervised training is taken to be:

Example

A trainee is required to work 38 ordinary hours a week under an award. In a particular week, the trainee spends 30 hours working for the employer and 10 hours undertaking supervised training. The trainee is entitled to be paid 38 hours ordinary time (which includes 10 hours ordinary time for the time spent undertaking supervised training) and 2 hours overtime.

The maximum period required under the Act to be delivered by a training organisation during the apprenticeship or traineeship is the total approved nominal hours for all units of competency specified in the apprentice's or trainee's training plan that are necessary for the apprentice or trainee to attain their qualification. To ensure unnecessary overtime is avoided, it is important that the training and assessment arrangements for the qualification are discussed with the training organisation and noted in the training plan prior to the commencement of the supervised training. The training organisation will be able to advise the approved nominal hours.

What other responsibilities does an employer have in relation to supervised training?

As the Industrial Relation Act 1999 also provides that time spent by an apprentice or trainee undertaking supervised training is time worked for the employer, the employer is required to record the times spent by the apprentice or trainee undertaking supervised training in their time and wages record. This can be done by requiring the apprentice or trainee to complete and submit a time sheet for the time so spent. Apprentices and trainees could also be advised to maintain their own diary of time spent undertaking their supervised training activities.

Employers also have an obligation under the Act to release their apprentice or trainee from work for supervised training and must not obstruct the apprentice or trainee from participating in the training required under the training plan to be delivered by the training organisation.

Does this legislation apply to all apprentices and trainees?

The legislation applies to all apprentices and trainees except those undertaking a school-based apprenticeship or traineeship. Employers are not required to pay wages for the supervised training of school-based apprentices and trainees, however, when a school-based apprentice or trainee is no longer enrolled at school, the exemption no longer applies and they must be paid for their supervised training.

Do employers who are paying for the training organisation to provide the supervised training on a 'fee for service' basis still have to pay wages to their apprentice or trainee while they are undertaking their supervised training?

Yes. The employer is required to pay the wages to the apprentice or trainee regardless of how the supervised training components are paid e.g. 'fee for service' or government funding such as User Choice.

If an apprentice or trainee has been paid for the maximum number of hours and has not successfully completed or finished their course, does the employer have to pay wages for the remaining supervised training?

When the employer has paid the apprentice or trainee for all the maximum number of hours approved by the Training and Employment Recognition Council (TERC) and the person has not successfully completed the course the employer is not required to make any further payment of wages for the supervised training.

Is an employer only required to pay the apprentice or trainee when they are attending a college?

No. The employer is required to pay the apprentice or trainee regardless of the way the supervised training is delivered e.g. block release, day release, workplace delivery, self-paced delivery and completing workbooks or correspondence course papers at work or at home.

If an apprentice or trainee spends time at home doing extra study, are they entitled to be paid for these hours?

The legislation is restricted to payment for supervised training. This is distinguished from doing extra study to ensure the examinations are passed or extra training for specific needs such as language, literacy or numeracy. If the apprentice or trainee was doing extra (non-compulsory) study there would be no entitlement to payment.

How do I know what is the maximum number of hours for an apprentice or trainee's course or qualification?

Your training organisation will be able to advise you of the number of approved nominal hours. This must be included in the training plan which is signed by the employer, the apprentice or trainee and the training provider.

What can an apprentice or trainee who has not been paid for supervised training do?

In the first instance they should speak to their employer. If they are unable to resolve the issue themselves, they should contact the appropriate industrial relations advisory body (see Who to Contact below) for further advice.

If an apprentice or trainee attends college for 40 hours per week and the award stipulates a 38-hour week, is there an entitlement to 2 hours overtime?

No. All time spent attending college is paid for at ordinary rates. The entitlement would be for 40 ordinary hours pay. Overtime would be applicable only if the apprentice or trainee performed additional work for the employer over and above the college attendance and the combined hours were greater than the ordinary hours of the award.

Additional issues which the parties should consider:

Who to contact?

For further information, contact:

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This page was last updated at Wednesday, September 30, 2009