Advice and Instructions
Competency based completion of apprenticeships and traineeships in NSW
Issued: 26 October 2009
Background
The Apprenticeship and Traineeship Act 2001, governs the process for the
completion of apprenticeships and traineeships in NSW, including the variation
of training contracts to affect the early completion of an apprenticeship
or traineeship based on the achievement of competencies.
The implementation and facilitation of competency based rather than time based completions of apprenticeships and traineeships follows a commitment by the Department through the Council of Australian Governments (COAG) to put those arrangements in place.
Impact
Competency based completion impacts on apprenticeships and traineeships
in many ways:
- reduced nominal training terms where competency has been achieved
- improved training delivery strategies, through improved integration between on and off-the job training
- increased participation rates through a more attractive training option
- increased retention and completion rates
- demonstrated quality training outcomes, through effective strategies to gauge workplace performance.
Minimum requirements
The Commissioner for Vocational Training may, under the Apprenticeship and
Traineeship Act 2001, approve the completion of an apprenticeship or traineeship,
based on demonstration of competency, prior to the nominal completion date
of the training contract.
A request for competency based completion will be considered when both parties to the apprenticeship or traineeship support it and are satisfied that all the requirements of the apprenticeship or traineeship have been met. The Commissioner will issue the apprentice or trainee with a Certificate of Proficiency if the request is approved.
The requirements of the apprenticeship or traineeship are considered to have been met when:
- The apprentice or trainee has been assessed by the Registered Training Organisation (RTO) as competent to the required industry standard.
- There is documentary evidence that the RTO has issued an appropriate qualification.
- The employer has confirmed that the apprentice or trainee can demonstrate through their work performance that they have the skills specified in the training plan.
- "competent" means that the apprentice or trainee has acquired specified skills and knowledge and the ability to perform particular tasks and duties to the standard of performance expected in the workplace within the relevant industry
- "required industry standard" means the standard or level of competence that must be achieved, as defined by industry through an endorsed training package, a nationally accredited course or licensing standards where applicable
- “documentary evidence” means a copy of the qualification issued to the apprentice/trainee by the RTO, or an official transcript issued by the RTO that confirms that the competencies achieved meet the requirement for issue of the qualification. A transcript should be signed by an RTO representative whose name and position title are clearly identified.
- “appropriate qualification” means the course or qualification specified in the relevant Vocational Training Order (VTO), or an equivalent course or qualification as determined by the Commissioner
- " skills specified in the training plan" refers to the units of competency listed in the training plan developed by the RTO in consultation with the employer and the apprentice/trainee. The units of competency should, as far as possible, reflect the work actually undertaken by the apprentice/trainee in the workplace. The employer should make an informed judgement based on his/her experience to confirm that the apprentice/trainee has the skills and knowledge to the standard expected within their industry of a person with a qualification at this level.
A fundamental component of a request for competency based completion is that the parties to the apprenticeship/traineeship are aware of the requirements the Commissioner has introduced to facilitate and administer such requests.
It is important therefore that a request is submitted on the VT9 form which specifies current guidelines for competency based completion approved by the Commissioner.
A request for competency based completion must be lodged with the Commissioner prior to the nominal completion date of the apprenticeship/traineeship.
A request received after the expected contract completion date may be approved by the Commissioner where special circumstances are identified which may warrant the exercise of discretion.
Role of the Registered Training Organisation (RTO)
The RTO engaged to deliver the qualification relevant to an apprenticeship/traineeship
has primary responsibility for the assessment of competency, consistent with
the provisions of the Australian Qualifications Framework.
The RTO is required to develop and implement a training plan in consultation with the employer and the apprentice/trainee. The training plan is developed at the early stage of the apprenticeship/traineeship and includes a list of units of competency that are packaged together to make up the qualification. These competencies should, as far as possible, reflect the work undertaken by the apprentice/trainee in the workplace.
The training plan also specifies the assessment strategy through which evidence of competency will be gathered. Assessment of competencies by the RTO should involve collection of work-based evidence and meaningful consultation with the employer.
Role of the employer
An employer supporting a competency based completion request is required
to confirm that the apprentice/trainee has demonstrated through his/her work
performance that he/she has attained the skills specified in the training
plan. The employer is asked to make an informed judgement based on his/her
experience to confirm that the apprentice/trainee has the skills and knowledge
to the standard expected within the industry or enterprise of a person with
a qualification at this level.
Request from one party only
A request for competency based
completion may be made to the Commissioner by either the employer or apprentice
or trainee alone. (section 21 (1) of the A&T Act). In that case, the
Commissioner must send a notice to the other party seeking the party’s consent
to the request.
If the Commissioner does not receive a reply to such a notice within 21 days from the date of the notice, the consent of the party is taken to have been given and the request for competency based completion is approved. (section 21(5) & (6) of the A&T Act)
If the party contacts the Commissioner within 21 days from the date of the notice to advise that he/she does not support the request for competency based completion, the Commissioner must deal with the matter as a complaint under section 39(3) of the A&T Act.
If the party is challenging the apprentice’s/trainee’s competency attainment and achievement of the qualification issued by the RTO or the RTO’s assessment of the apprentice’s/trainee’s competency, they should be advised by the Commissioner to take the following action:
Step 1
Contact the RTO concerned to discuss the issue.
Step 2
The RTO should enter into a dialogue with the employer and
apprentice/trainee to establish the nature of the disagreement. The challenging
party should clearly detail the basis of their disagreement in relation to
the RTO’s assessment and delivery and identify areas where the RTO’s assessment
is inconsistent with the apprentice’s/trainee’s performance on the job.
Step 3
The RTO should examine the concerns raised, review the assessment
evidence and endeavour to resolve the issue by agreement.
- If it is agreed that competency has been achieved, the challenging party should contact and advise the Commissioner of his/her support of the request for competency based completion of the apprenticeship/traineeship
- If it is agreed that competency has not been achieved, the training plan should be varied to provide for additional training within a reasonable time span within the nominal term of the apprenticeship/traineeship. The Commissioner should be notified that the request for competency based completion has been withdrawn and the training plan has been varied. A State Training Services, Industry Training Officer could be appointed to monitor the implementation of any workplace based aspects of such a program.
If the RTO is unable to resolve the issue(s) in a manner acceptable to both the employer and apprentice or trainee, the challenging party should:
- seek RTO information on their complaints handing or grievance process.
- lodge a complaint or grievance with the RTO.
The RTO should implement their complaints handling or grievance process in addressing concerns relating to their assessment.
Note: Best practice models to resolve concerns arising from assessment decisions include a peer review of the assessment process, involving an independent person from within the RTO or an independent assessor from another RTO or from industry. The outcomes of this review would be as specified in step 3 above.
Step 6
If the matter is still unresolved, the challenging party has
the option of:
- lodging a complaint regarding the RTO with the Vocational Education and Training Accreditation Board (VETAB), or
- referring the matter back to the Commissioner to be dealt as a complaint under section 39(3) of the A&T Act.
Approved by the Commissioner for Vocational Training