Advice and Instructions

Approval of Trainee Apprenticeships

Issued: 10 December 2004

CIB 93 and the Advice and Instruction of 21/12/2001 in relation to the former Industrial and Commercial Training (ICT) Act 1989 provided that trainee apprenticeships should only be approved where the relevant industrial award or agreement specifically established a trainee apprenticeship classification.

The ICT Act was repealed by the Apprenticeship & Traineeship Act 2001 (A&T Act) which commenced on 1 January 2002.

Sections 7 and 12 of the A&T Act provide for two types of apprenticeships “full” and “trainee” which are defined as follows:

A full apprenticeship means an apprenticeship under which the employer undertakes to employ the apprentice for the whole term of the apprenticeship.

A trainee apprenticeship means an apprenticeship under which the employer does not undertake to employ the apprentice for the whole term of the apprenticeship.

In the case of a trainee apprenticeship, while the employer and the apprentice both sign the standard National Training Contract (NTC), either party can terminate that contract on giving the period of notice provided in the relevant award or agreement.

An application to establish an apprenticeship as per the NTC must specify whether an apprenticeship is either a full or a trainee apprenticeship.

A trainee apprenticeship will only be approved where the relevant industrial award or agreement supports its establishment.

Nowithstanding that nomination, the Commissioner for Vocational Training or the Vocational Training Tribunal has the discretion under section 9 of the Act, to refuse an application – in the case of a trainee apprenticeship –if considered inappropriate.

The current list of NSW Awards, which include trainee apprenticeship provisions, is as follows:

001 Building Tradesmen (State) Construction Award
058 Building Employees Mixed Industries (State) Award
539 Plumbers and Gasfitters (State) Award
819 Furniture and Furnishing Trades (State) Award
046 Joiners (State) Award
293 Electricians & C State Award
180 Electrical, Electronics and Communications Contracting Industry Award
507 Nurseries Employees (State) Award

Enterprise awards

(1331 Maxpro Systems Pty Ltd Enterprises Award 1997)

For any enquiries regarding these training arrangements, please contact the Vocational Training Tribunal Unit on (02) 9266 8450.

Approved by the Commissioner for Vocational Training

[Date : 10/12/04]