Obligations

The Apprenticeship/Traineeship Training Contract is a legally binding agreement between an employer and an apprentice or trainee. It outlines the obligations you have to your apprentice or trainee.

Once an employer and apprentice or trainee have entered into a Training Contract, they must negotiate a training plan with a registered training organisation (RTO). This plan details the training required to achieve a qualification.

The training contract also stipulates that the employer must:

• employ and train the apprentice or trainee as agreed in the training plan
• provide appropriate facilities and expertise to assist in the training stipulated in the training plan
• ensure the apprentice or trainee receives on-the-job training and assessment in accordance with the requirements of the training plan
• ensure that the apprentice or trainee has a competent supervisor in the workplace
• release the apprentice or trainee to attend any off-the-job training and assessment in accordance with the requirements of the training plan
• work with the assistance of the RTO and the apprentice or trainee to ensure that the training plan is complied with, and that training records are kept up to date and progress monitored and reviewed.

The employer must forward the completed training contract to the Australian Apprenticeships Centre for submission to Skills Tasmania.

The employer must also notify Skills Tasmania and the RTO within five normal working days if the training contract has become jeopardised or broken.

Other employer obligations include the provisions of:

• the relevant wages and conditions to the apprentice or trainee
• providing a safe working environment 
• complying with relevant Australian, State and Territory legislation related to the workplace, discrimination and equal opportunity
• ensuring that information obtained through the Training Contract is maintained in confidence and is used strictly to meet obligations under the Training Contract

The apprentice or trainee is entitled to the same employment conditions as all other employees.

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Apprentice and trainee obligations

Apprentices and trainees also have responsibilities under the training contract. They must:

• attend work and observe the conditions of his or her employment and follow the lawful directions of the employer
• work towards achieving the qualification stated in the Training Contract
• undertake any training and assessment in accordance with the requirements of the Training Plan, and
• acknowledge that all on-the-job instruction and any other material provided by the employer which comes into the Apprentice/Trainee’s possession as a result of the training remains the property of the employer and all information obtained from the employer (other than personal information about the Apprentice/Trainee) and given in circumstances of confidence must be kept confidential and not be used or disclosed to any person without the express approval of the employer.

More detailed information about the responsibilities of employers and apprentices or trainees is available by downloading a copy of the National Code of Good Practice from the Australian Apprenticeships website.