Solving problems/dispute resolution
Solving Problems
Help is available if difficulties arise with an apprenticeship or traineeship.
Dispute resolution
If difficulties arise between the employer and apprentice or trainee, the local State Training Centre (STC) should be contacted immediately. An Training Advisor (TA) from the STC can visit the workplace to discuss the issues, give advice and attempt to resolve the dispute.
If the TA is not able to resolve the dispute, the matter will be referred to the Vocational Training Tribunal (VTT) for resolution. The VTT will convene a hearing at which it will attempt to reach a settlement that is acceptable to all parties, or make a determination if an acceptable settlement cannot be reached.
The VTT determines complaints either by dismissing the complaint or resolving it (depending on its merits) and may order the parties to take a particular course of action.
The VTT is a statutory body established under the provisions of the Apprenticeship and Traineeship Act 2001 to provide for the regulation of apprenticeships and traineeships and other purposes. It is chaired by the Commissioner for Vocational Training (or the Commissioner's delegate). The VTT consists of members who represent the NSW Government, employers and their associations, industry groups, unions and public and private registered training organisations.
What is the role of the Vocational Training Tribunal (VTT)?
The VTT:
- conciliates and determines disputes between employers and apprentices or trainees
- considers applications for transfer or cancellation of an apprenticeship or traineeship when disagreement exists between the apprentice or trainee and the employer
- considers applications for variation to a training contract or training plan of an apprenticeship or traineeship when the application is outside the local STC delegations.
- considers applications for recognition of trade qualifications gained in NSW or elsewhere
Note: Click here for information about the appeals process.
What are the procedures for transfer, mutual suspension or mutual cancellation?
Applications for the mutual cancellation or suspension of an apprenticeship or traineeship or the transfer of an apprenticeship or traineeship must be lodged with the Commissioner for Vocational Training at the local STC within 14 days from the date the cancellation, suspension or transfer took place.
Australian Apprenticeships Centres (AACs) or staff from the local STC can assist and advise on the process.
Transfer
Apprenticeships and traineeships can be transferred from one employer to another as long as the employer, the apprentice or trainee and the new employer all agree to the transfer. These arrangements are discussed further in the Advice and Instructions Section. Applications (VT8 - PDF 125KB)
Mutual suspension
Apprenticeships and traineeships can be mutually suspended provided the employer and the apprentice or trainee both agree. Suspension may be necessary because of a lack of work, serious illness or other extenuating circumstances. Mutual suspension is discussed further in the Advice and Instructions Section. Application (VT13 - PDF 159KB)
Mutual cancellation
Apprenticeships and traineeships can be mutually cancelled as long as the employer and apprentice or trainee both agree. Mutual cancellation is discussed further in the Advice and Instructions Section. Application (VT16 - PDF 159KB)
This does not apply to trainee apprenticeships either party can give notice of termination as per the Award or Industrial agreements.
Re-establishment of an apprenticeship or traineeship after it has been cancelled?
An apprenticeship or traineeship that has been cancelled can be re-established with a new or previous employer. A new probationary period will be available and a reduction in the original term of the apprenticeship or traineeship may be applicable and approved by DET.
New Apprenticeships Centres can assist with the forms and processes required. Employers and/or apprentices or trainees must provide proof of any time already served (in order to have the term reduced), the original registration number, and any other supporting documentation (eg. certificates, statements of attainment or letters from the registered training organisation) as proof of any completed or partially completed structured training.
Note: Time lost (eg. through suspension) is generally excluded from the apprenticeship or traineeship term. However an application may be made to DET to review this exclusion on the merits of the particular apprenticeship or traineeship.
What happens if an injury occurs?
The NSW Injury Management and Workers' Compensation Act 1998, outlines the responsibilities of employers, employees (including apprentices and trainees) and insurers.
Registered trainees were covered by an insurance policy held by DET. For current information, see the relevant Advice and Instructions.
Apprentices are covered by an insurance policy held by the employer.
If an employee (including a trainee or apprentice) suffers a work-related injury or illness, the employer must:
- notify the insurer of significant* injuries within 48 hours of becoming aware of an injury. The insurer will then contact the employee, the employer and the treating doctor (if appropriate) within three working days to initiate an injury management plan
- send the employee's claim for workers' compensation to the insurer within seven days and discuss return to work options with the employee's nominated doctor. As registered new entrant trainees may be covered by an insurance policy held by DET, if the injured employee is a trainee the claim form must be sent to DET for validation of the traineeship. The claim form will then be forwarded to the insurer by DET.
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Note: Refer to the relevant Advice and Instructions.
- notify the Commissioner for Vocational Training through the local STC, within 14 days of any injury to an apprentice or trainee that may effect the progress or completion of the apprenticeship or traineeship
- participate in the rehabilitation program
- offer suitable duties wherever practicable if the employee cannot return to their normal job.
- * Significant injuries refer to injuries likely to result in an employee being incapacitated for a continuous period of more than seven days, whether or not any of those days are work days and whether or not the incapacity is total or partial or a combination or both.