DET - For Apprentices and Trainees

Industrial arrangements for the employment of apprentices and trainees in NSW

All apprentices and trainees must be employed under an appropriate industrial award or approved industrial arrangement. There are a number of industrial arrangements available for apprenticeships and traineeships in NSW.

What are apprentices and trainees paid?
Apprentices and trainees are paid a wage that reflects the time they spend in training and at work. Wages vary according to the industry in which the apprentice or trainee is employed, the stage they have reached and the skills they have acquired. Employers pay their apprentice or trainee the minimum rate set out in the State or Federal industrial arrangement under which they have been employed (ie. The award or the enterprise, workplace or certified agreement).

Industrial arrangements that are recognised in NSW are listed in the Industrial Arrangements for the Employment of Apprentices and Trainees in NSW.

What about part-time traineeships?
Part-time trainees, like all apprentices and trainees, must be paid under an appropriate industrial arrangement.

Provisions for part-time trainees are being incorporated into awards and other industrial agreements. The National Training Wage Award (NTWA) has been varied to accommodate part-time trainees employed under Federal awards. Some State awards have also been varied (for example, the clerical industry and retail industry).

Employers and their employees should always contact the Office of Industrial Relations, the Department of Employment and Workplace Relations, or the industry association or union to determine the relevant industrial arrangements, particularly with regard to the availability of part-time traineeships.

What conditions of employment are trainees and apprentices entitled to?
Apprentices and trainees (whether full-time, part-time or school based part-time) accrue leave and have access to superannuation on the same basis as other employees, except when otherwise specified in the industrial arrangement.

Industrial arrangements that were in effect for existing worker trainees prior to the commencement of the traineeship remain in effect. This includes any changes to the awards during the period of the training agreement, such as superannuation, accrued leave and other entitlements. Employers and existing workers who propose to enter into a traineeship contract should seek industrial advice on the impact of the traineeship on their current employment arrangements. For relevant sources of information see the following table, Industrial Arrangements for the Employment of Apprentices and Trainees in NSW.

Do I have to pay workers' compensation?
Arrangements for workers compensation insurance for new entrant trainees were revised. Refer to the relevant Advice and Instructions.

Apprentices and existing worker trainees are not covered. Employers have always had to make their own workers' compensation insurance arrangements for these employees.

How can I get more information?
Appropriate sources of information about wages, conditions of employment and industrial arrangements for apprentices and trainees are listed in the following table, Industrial Arrangements for the Employment of Apprentices and Trainees in NSW.

Industrial Arrangements for the Employment of Apprentices and Trainees in NSW

COMMONWEALTH

STATE

National Training Wage Award 1994 (NTWA)

This award covers both full-time and part-time trainees and determines traineeship wages for trainees employed under it. To be able to use this award, the employer and relevant union need to be a party to the award.

If the employer currently employs full-time trainees under a Federal award (based on the National Training Wage Award - NTWA), it would be consistent with current arrangements to also employ part-time trainees under the same award.

For more information contact the Department of Employment and Workplace Relations (DEWR) (02) 6121 6000 or the New Apprenticeships Hotline 1800 639 629. The full text of Australian Federal Awards and Agreements is available on the Internet at http://www.wagenet.gov.au

State Training Wage Awards

NSW State Training Wage Awards provide training wages and conditions of employment across a range of industries and occupations.

State Training Wage Awards apply to trainees employed in recognised traineeship vocations which would ordinarily be covered by a NSW Parent Award. The Area, Incidence and Duration clause of each NSW award sets out its industry and occupational coverage.

A table has been prepared by the NSW Department of Commerce, Office of Industrial Relations, which provides information on all NSW training Wage Awards cross-referenced against the relevant Parent Award.

Please note that the table includes information on the additional training wage award coverage following the recent establishment of the Training Wage Interim (State) Award by the NSW Industrial Relations Commission.

The table provides the following information:

What award will apply to a traineeship
What Skill level will apply
Which award provides for a Part-time Traineeship
Which award provides for a School Based Traineeship

The table is available from this website in PDF format. Click below to view the table.

Schedule of NSW Awards with Traineeship Provisions (PDF 114KB)
(Updated)

For more information contact the NSW Department of Commerce, Office of Industrial Relations
Street Address: 1 Oxford Street Darlinghurst NSW 2010
Postal Address: PO Box 847 Darlinghurst NSW 1300 Australia
Phone: 131 628
Fax (02) 9020 4700
or visit the website at http://www.industrialrelations.nsw.gov.au

Federal Awards Covering Apprentices

Industrial arrangements for apprentices are contained within the relevant industry awards.

For more information contact DEWR
(02) 6121 6000 or the New Apprenticeships Hotline 1800 639 629. The full text of Australian Federal Awards and Agreements is available on the Internet at http://www.wagenet.gov.au

State Awards Covering Apprentices

Industrial arrangements for apprentices are contained within the relevant industry awards. Variations to NSW awards are progressing.

COMMONWEALTH

STATE

Certified Agreements

Certified Agreements (agreements which can be negotiated between the employer and union, or the employer and employee or a group of employees) must be approved by the Australian Industrial Relations Commission under the Workplace Relations Act 1976.

For more information contact DEWR
(02) 6121 6000 or the New Apprenticeships Hotline 1800 639 629.

Enterprise Agreements

An alternative approach to coverage by awards is provided by enterprise agreements. The parties to an enterprise agreement can be the employer and a union or the employer and employees. Registration is subject to the approval of the NSW Industrial Relations Commission and pursuant to the Industrial Relations Act 1996.

Australian Workplace Agreements

Australian Workplace Agreements (AWAs) need to be endorsed by the Employment Advocate under the Workplace Relations Act 1976 prior to seeking approval to establish a traineeship. They can only be entered into by constitutional corporations (previously called incorporated bodies).

For more information contact the Office of the Employment Advocate 1300 366 632 or DEWR
(02) 6121 6000 or the New Apprenticeships Hotline 1800 639 629.

Part-time Work Agreements

Part-time work agreements are made between the employer and the trainee and lodged with the NSW Industrial Registrar within one month of commencement. They can be used where the NSW parent award allows part-time or full-time traineeships but not school based part-time traineeships.

They provide:

Pro rata conditions of a full-time worker of the same classification
Pro rata traineeship rates of pay
Conditions contained in the parent award: ie split shifts only if the parent award allow

For additional information, visit the Commissioners Information Bulletin # 49, Access to part-time traineeships using Part-time Work Agreements.

Payment of Training Related Fees – NSW State Award Reference List

Award Code	NSW State Award
001	Building and Construction Industry (State) Award Clause 39 Special Provisions relating to Apprentices Paid by the Employer at the beginning of the year
043	Bowling and Golf Clubs Employees (State) Award Clause 26 General Conditions Horticultural and Green keeping Certificate reimbursed at the end of each year of the course completed to the standard requirement of the course
046	Joiners (State) Award Clause 11 Apprentices Paid by employer at the beginning of the year
058	Building Employees Mixed Industries (State) Award Clause 27 Apprentices Paid by employer at the beginning of the year
139	Clothing Trades (State) Award Clause 10 Apprenticeship and Improvership Reimbursed all fees paid on presentation of reports of satisfactory conduct
140	Club Employees (State) Award Clause 42 Training General Paid by employer at the beginning of the year
180	Electrical, Electronic and Communications Contracting Industry (State) Award Clause 14 Apprentices Paid by employer at the beginning of each year
212	Textile Industry (State) Award Clause 6 Apprenticeship Reimbursed all fees paid on presentation of report on satisfactory attendance and conduct
229	Printing Industries (State) Award Clause 10 Payment of Wages and Pay Day All fees paid by the apprentice will be reimbursed by employer on presentation of reports of satisfactory conduct
500	Recorded Music and Visual Entertainment Reproduction (State) Award Clause 4 Wages Cost of Books reimbursed with proof of successful completion of course
515	Paint and Varnish Makers (State) Award Clause 3 Classifications, C. Course Attendance Fees reimbursed on proof of successful completion of course
539	Plumbers and Gasfitters (State) Award Clause 44 Special Conditions (Paid by employer at the time such fees are due)
789	Bootmakers and Heel Bar Operatives &c. (State) Award Clause 37 Technical College Fees for Apprentices (Paid by employer)
819	Furniture and Furnishing Trades (State) Award Clause 15 Employment Categories Paid by employer at the beginning of the year
828	Bread Industry (State) Award Clause 2 Terms of Employment Fees paid by employer. Reasonable fares incurred in attending college reimbursed by employer
1127	Quality Bakers Australia Pty Ltd (NSW) Enterprise Award 2005 Clause 4 Contract of Employment Fees paid by employer, reasonable fares reimbursed
1182	The Tip Top NSW Enterprise Award Clause 5 Apprentices Fees paid by the employer. Reasonable fares incurred in attending college reimbursed by employer
1727	Fresh Start Bakeries Australia Pty Ltd (NSW) Enterprise Award 2004 Clause 4 Contract of Employment Fees paid by the employer. Reasonable fares incurred in attending college reimbursed by employer
1561	BHP Steel (AIS) Pty Ltd – Port Kembla Steel Works Employees Award 2000 Clause 40 Payment for Training Fees reimbursed by employer for approved training
1652	Illawarra Services Pty Ltd Employees Award Clause 40 Payment for Training Fees reimbursed by employer for approved training
1744	Bluescope Steel (AIS) Pty Ltd – Port Kembla Steel Works Employees Award 2000 Clause 43 Payment for Training Fees reimbursed by employer for approved training

Notes

1.	Employers employing apprentices and trainees should check with the relevant industrial authority for any obligations they might have in relation to the payment of fees for their apprentices/trainees.
2.	If you are covered by the new federal workplace relations system, WorkChoices, refer the WorkChoices website www.workchoices.gov.au for information about wages and conditions.

NSW Apprenticeships and Traineeships

Industrial arrangements for the employment of apprentices and trainees in NSW

NSW Apprenticeships
and Traineeships