Advice and Instructions

Casual Employee - NSW Approval Requirements for a Casual Employee Established as an Apprentice/Trainee under an Apprenticeship/Traineeship Training Contract

Issued: 29 March 2005

Subject to meeting NSW approval requirements as determined from time to time, casual employees may be signed up and approved by DET as apprentice/trainees under an Apprenticeship/Traineeship Training Contract.

However, the effect of establishing a casual employee as an apprentice/trainee under an Apprenticeship/Traineeship Training Contract is that such employee then becomes an employee under a period contract for a fixed term and thus by definition is no longer a ‘casual’ employee.

Legal advice obtained by an external employer organisation is that a casual employee signed up and approved by DET as an apprentice/trainee under an Apprenticeship/Traineeship Training Contract becomes an employee under a period contract, and as such, is likely to accrue employment entitlements such as holiday leave etc over the period of the contract.

As this is an industrial issue, it is critical that both the employer and the “apprentice/trainee” know and understand this indicative outcome.

However issues of an industrial nature are a matter for the employer and the apprentice/trainee in each instance and not for DET to determine or to give advice about other than to draw attention to this circumstance and suggest that appropriate industrial advice be sought.

In establishing an apprenticeship/traineeship under an Apprenticeship/Traineeship Training Contract, DET only requires that an appropriate industrial arrangement is nominated. It is the employer’s responsibility to nominate a correct industrial arrangement.

DET needs to be satisfied that there will be a sufficient and regular delivery of training hours each week to meet DET’s approval requirements, as set out in the approved training contract but not less than an average minimum of 15 hours per week for part-time training arrangements across the term of the approved Apprenticeship/Traineeship Training Contract.

However, work as a systematic casual, working every second week, fulltime once a month or at the employer’s whim is not acceptable.

The nominated registered training organisation (RTO), in accordance with such RTO’s registration requirements under the Australian Quality Training Framework (AQTF) standards, is required to develop a training plan specifying training delivery arrangements.

It would be appropriate for the nominated Australian Apprenticeships Centre to have confirmation from the employer and the apprentice/trainee concerning their roles and responsibilities under the Apprenticeship/Traineeship Training Contract.

Such confirmation should extend to any related matters of an industrial nature to ensure that the intentions of the parties are clear and appropriate and that they understand their respective obligations and in respect to matters of an industrial nature.

They should be encouraged to seek appropriate advice from either their industrial association and/or federal/state industrial authority.

Approved by the Commissioner for Vocational Training

[Date : 29/03/2005]