Purpose:

The purpose of this legislation is to streamline the regulation of apprenticeships and traineeships and to establish a robust and modern legislative framework for training in Queensland.

Objectives:

• To strengthen Queensland’s economic base by providing a skilled workforce that meets the current and future needs of industry, Government and the community.
• To facilitate the provision of vocational education and training that is linked to employment and is responsive to the future workforce development and skills requirements of industry.
• To support the continued development of high-quality training by and within industry.
• To support Queenslanders to access and complete the skills training they need to get a job and contribute to the State’s economy and their own prosperity.
• To establish a simple, streamlined apprenticeship and traineeship system featuring flexible, industry-endorsed approaches to trade training.
• To support industry and employers to take on, train and retain apprentices and trainees.

Key Provisions:

• The Chief Executive may declare employment-based training to be an apprenticeship or traineeship.
• Regulation of the establishment, registration, amendment, transfer, suspension, and cancellation of training contracts for apprentices and trainees.
• Decision and extension of probationary periods for apprenticeships and traineeships.
• Stipulation of specific obligations for employers regarding supervision, provision of facilities, training, and reporting of notifiable events.
• Requirements for Supervising Registered Training Organisations (RTOs), including conducting employer resource assessments and ensuring training delivery.
• Mandated training plans, outlining their negotiation, signing, and processes for modification.
• Provisions for declaring and regulating prohibited employers deemed unsuitable to employ apprentices or trainees.
• Definition of functions, recognition processes, and ongoing conditions for Group Training Organisations (GTOs) and Principal Employer Organisations (PEOs).
• Authority for the Chief Executive to declare certain callings as “restricted callings” and impose conditions on employing young persons in those areas.
• Powers granted to appointed inspectors for monitoring, investigation, and enforcement of compliance, including site entry, evidence seizure, and information gathering.
• Establishment of a Training Ombudsman to manage and resolve complaints related to vocational education and training matters.

Evidence of Compliance Requirements For Agricultural Organisations:

• Training Contract Signing and Submission (Employer):
  • Action: Ensure a training contract is signed by the employer and the person to be trained within 14 days after the apprenticeship or traineeship starts (s. 15(1)). If the person is under 18 years, the signed consent of a parent must also be obtained within this timeframe (s. 15(3)).
  • Action: Take all reasonable steps to ensure the signed training contract is submitted to the Chief Executive or an authorised person within 28 days after the apprenticeship or traineeship starts (s. 16(1)).
• Probationary Period Management (Employer):
  • Action: If an apprenticeship or traineeship is ended during the probationary period via written notice, the employer must notify the Chief Executive of its termination within 7 days after it ends (s. 14(4)).
• Amending Training Contracts (Employer):
  • Documentation/Action: For general amendments, an application in the approved form must be submitted to the Chief Executive, detailing the proposed amendment, its reasons, and confirmed agreement by all parties. For apprentices/trainees under 18, signed parent consent is required (s. 20(2), (3), (4)).
  • Action: For minor amendments (e.g., changes to name or address), written or oral notice must be given to the other party and the Chief Executive or an authorised person (s. 21(1)).
  • Documentation/Action: To extend the nominal term of a training contract, the employer, apprentice/trainee, and Supervising Registered Training Organisation (SRTO) must jointly apply to the Chief Executive using the approved form, stating agreement and reasons. If the apprentice/trainee is under 18, signed parent consent is necessary (s. 23(2), (3), (4)).
• Transferring Training Contracts (Employer):
  • Documentation/Action: For temporary transfers (up to 1 year), a signed notice in the approved form must be given to the Chief Executive by the employer within 7 days after the transfer takes effect. This notice must include the new employer’s name, transfer date, transfer period, and signatures from all parties (including the new employer and parent if the apprentice/trainee is under 18) (s. 24(2), (3)).
  • Action: The transferring employer must notify the SRTO within 7 days after a temporary transfer takes effect (s. 25(2)).
  • Action: For permanent transfers, if the application is submitted by only the apprentice/trainee and proposed new employer, the current employer will receive a notice from the Chief Executive and has 14 days to submit a written objection (s. 28(2)).
• Completion of Training Contract (Employer):
  • Documentation/Action: Upon satisfaction that all training and assessment is complete and the SRTO has issued the qualification, the employer, apprentice/trainee, and SRTO must sign a completion agreement in the approved form (s. 45(2)).
  • Record-keeping: Ensure that the completion agreement does not contain any false or misleading statements (s. 45(5)).
• Obligations during Apprenticeship/Traineeship (Employer):
  • Action: Provide or arrange for the provision of necessary facilities, range of work, supervision, and training as specified in the training plan or by regulation (s. 56).
  • Action: Do not obstruct, prejudice employment, discourage, or coerce participation in required training delivered by the SRTO (s. 57).
  • Reporting Requirements: Submit a signed notice to the Chief Executive within 14 days of any notifiable event (e.g., sale/disposal of business, partnership dissolution, apprentice unlikelihood of meeting training plan, training cannot be completed within nominal term, cessation of employment, or a legal application contesting cessation of employment) (s. 58(1), (2)).
  • Reporting Requirements (Purchaser): If a business is purchased and there is an agreement to continue training the apprentice/trainee, the purchaser must provide a signed notice of this agreement to the Chief Executive within 14 days of the notifiable event (s. 58(4)).
• Training Plan Management (Employer):
  • Action: Negotiate and agree on the training details within the training plan with the apprentice/trainee and SRTO (s. 73).
  • Action: If a training plan is changed by agreement, ensure the revised plan is signed within 14 days of the agreement (s. 81(1), (2)).
  • Record-keeping: Ensure training plans do not contain false or misleading information (s. 76).
• Prohibited Employers (Employer):
  • Action: If declared a prohibited employer, do not employ or offer employment to an apprentice or trainee in violation of the declaration (s. 63(1)).
• Restricted Callings (Employer):
  • Action: Do not employ a young person in a restricted calling unless they hold a relevant qualification/statement of attainment or are employed under a registered training contract (s. 64(2)).
• Limit on Hosting Arrangements (Employer):
  • Action: Do not employ more than 24 apprentices/trainees for active placement under a hosting arrangement unless recognised as a group training organisation or a principal employer organisation (s. 99).
• Supervising Registered Training Organisation (SRTO) Requirements:
  • Documentation/Action: Complete an employer resource assessment using the approved form for the apprentice’s/trainee’s training plan (s. 66A(2)(a)).
  • Action: Regularly review and revise the employer resource assessment throughout the training plan period as needed (s. 66A(2)(b)).
  • Documentation/Action: Provide a copy of the most recent employer resource assessment to the Chief Executive upon request (s. 66A(2)©).
  • Action: Provide or arrange for the provision of facilities, services, supervision, and training as required by the training plan (s. 67).
  • Action: Ensure the delivery of training and assessment required by the training plan (s. 68).
  • Reporting Requirements: Notify the Chief Executive in writing if the apprentice/trainee is not making the required progress under the training plan (s. 69(2)).
  • Timeframe/Action: Ensure the initial training plan is signed within 3 months of the apprenticeship/traineeship start date. For new plans due to RTO replacement or contract transfer, ensure signing within 28 days (s. 74(2)).
  • Action: Provide a copy of the signed training plan to the apprentice/trainee and employer within 14 days of signing (s. 75).
  • Action: For minor changes to a training plan (by the SRTO) or agreed changes, send the changed training plan to the parties within 14 days (s. 82(2), 81(2)). Ensure compliance with any changes to the training plan (s. 82H).
  • Documentation/Action: Submit the signed completion agreement to the Chief Executive within 10 days of its signing (s. 46).
  • Reporting Requirements: If the SRTO is satisfied training is complete but a party refuses or neglects to sign the completion agreement or cannot be contacted, advise the Chief Executive in writing of the completion and the non-signing party (s. 48(2)).
• Inspection and Audit Requirements (All Regulated Entities, including Employers and RTOs):
  • Action: Comply with an inspector’s “help requirement” to produce documents or provide information (s. 138).
  • Action: Comply with an inspector’s “information requirement” related to an offence (s. 160).
  • Action: Do not provide false or misleading information or documents to an inspector (s. 164).
  • Action: Do not obstruct an inspector or anyone assisting an inspector (s. 165).
  • Record-keeping: Allow an owner to inspect and copy a seized thing at reasonable times, free of charge, unless impractical or unreasonable (s. 148).
  • Audit Requirements (GTOs and PEOs): Undergo compliance audits at the times and in the manner directed by the Chief Executive (ss. 87(1)(b), 95(1)(b)).

Metadata Keywords:

Apprenticeships, Traineeships, Vocational Education, Queensland, Training, Compliance, Employers, Regulation, Skills, Workforce Development

Publication Information:

Current as at 5 December 2024

Agricultural Industry Alignment:

Beef & Veal, Chicken, Coarse Grains, Cotton, Dairy, Eggs, Fisheries, Forestry, Horticulture, Oilseeds, Pig, Sheep Meat, Sugar, Wheat, Wine, Wool.

Date Added to database:

This document was parsed and added to the database on 25-07-2025

URL:

https://www.legislation.qld.gov.au/view/whole/pdf/inforce/current/act-2014-025 →