Purpose:

This Act provides for the regulation of apprenticeships and traineeships.

Objectives:

• To regulate the establishment, conduct, and completion of apprenticeships and traineeships.
• To provide a framework for the designation of recognised trade and traineeship vocations.
• To ensure the provision of appropriate training for apprentices and trainees.
• To establish a system for the recognition of trade qualifications and prior training.
• To provide mechanisms for the resolution of disputes and enforcement of compliance within the vocational training system.

Key Provisions:

• Vocational Training Guidelines and Orders (Sections 4, 6): Authorises the Commissioner to issue guidelines and make orders specifying terms, probationary periods, qualifications, and other training matters for recognised vocations.
• Designation of Recognised Vocations (Section 5): Empowers the Commissioner to designate vocations as recognised trade or traineeship vocations.
• Establishment of Apprenticeships and Traineeships (Sections 7-9): Outlines the application process for establishing apprenticeships and traineeships, including requirements for training contracts and training plans.
• Duties of Employers, Apprentices, Trainees, and Registered Training Organisations (Sections 13-16A): Sets out the obligations for all parties involved, covering training provision, supervision, and reporting.
• Transfer, Variation, Suspension, Cancellation, and Completion (Sections 20-23): Details the processes for managing changes to, or the conclusion of, apprenticeships and traineeships.
• Prohibition on Junior Employment (Section 25): Restricts the employment of juniors in recognised trade vocations unless they are apprentices or qualified tradespersons.
• Recognition of Other Trade Qualifications (Part 3, Sections 35-37): Establishes procedures for recognising Defence Force trade training and other trade qualifications or experience.
• Dispute Resolution and Disciplinary Matters (Part 4, Sections 39-53): Provides for the lodging and conciliation of complaints, and empowers the Commissioner to make determinations including variations, suspensions, cancellations, compensation orders, and prohibition orders against employers.
• Powers of Industry Training Officers (Sections 66-68): Defines the functions and powers of industry training officers, including powers of entry and search warrants.
• Register of Apprenticeships and Traineeships (Section 28): Mandates the establishment and maintenance of a register containing key information about apprenticeships and traineeships.

Evidence of Compliance Requirements For Agricultural Organisations:

• Application for Establishment of Apprenticeships/Traineeships (Section 7(2), (3), (5), (5B)):
  • Action: An employer must apply to the Commissioner for the establishment of an apprenticeship or traineeship within 28 days after employing a person as an apprentice or trainee.
  • Documentation: The application must be accompanied by the proposed training contract (executed by both parties) and a training plan proposal (endorsed by the relevant registered training organisation, RTO).
  • Information Required: The application must identify the applicable industrial award or agreement, the date employment began or will begin, and for host employment arrangements, the host employer’s name, business address, ACN (if any), and ABN. For traineeships, it must indicate if the prospective trainee is an existing worker trainee.
  • Standard: The proposed training contract and training plan proposal must be in the form approved by the Commissioner and prepared in accordance with the relevant vocational training order.
  • Action: If an agent makes the application on behalf of the employer, the agent must certify that the training contract and associated documentation have been duly executed by the parties.
• Duties to Provide Training (Section 13(1)):
  • Action: The employer must take all reasonable steps, in accordance with the relevant training plan, to enable the apprentice or trainee to receive the work-based component of the required training. This includes providing all necessary facilities and opportunities to acquire the competencies of the vocation.
  • Action: The employer must release the apprentice or trainee as required for attendance at the relevant RTO and liaise with the RTO regarding the apprentice’s or trainee’s attendance and participation in training.
• Duties of Employers Using Host Employment Arrangements (Section 14(2), (3)):
  • Action: An employer placing an apprentice or trainee with a host employer must do so in a manner that ensures the apprentice or trainee receives the work-based component of the required training in all aspects of the apprenticeship or traineeship.
  • Action: The employer must properly supervise the host employer in its provision of training, including ensuring the host employer releases the apprentice or trainee for RTO attendance and liaising with the RTO.
  • Prohibition: The principal employer must not place an apprentice or trainee with a host employer if they know the host employer is a prohibited employer and the employment would contravene a prohibition order.
• Duties to Notify Commissioner (Section 15(1), (2)):
  • Reporting Requirement/Timeframe: An employer must notify the Commissioner within 14 days after the matter arises for each apprentice or trainee they employ, concerning:
    • Any injury affecting the apprentice’s or trainee’s ability to continue or complete.
    • Any failure by the apprentice or trainee to make satisfactory progress in learning competencies.
    • Any change in the relevant RTO.
    • Any failure by the apprentice or trainee to participate in or make satisfactory progress in RTO training.
    • For host employers, any matter likely to adversely affect completion, including difficulties finding or with host employers.
    • Any notice given of the employer’s intention to terminate employment.
  • Reporting Requirement/Timeframe: An employer must also notify the Commissioner within 14 days after the matter arises concerning:
    • Any change in the employer’s business name or address.
    • Any change in the nature of the employer’s business that adversely affects their ability to comply with obligations under the Act.
• Conditions of Training and Employment (Section 17):
  • Standard: Employers must provide work-based training in accordance with the relevant vocational training order for that vocation.
  • Standard: Employers must employ the person under conditions no less favourable than those set by the provisions of the relevant industrial award or agreement.
• Prohibition on Requiring Payments or Bonds (Section 33(1)):
  • Action: A person (employer) must not, directly or indirectly, require or permit a prospective apprentice or trainee to make any payment, demand or receive any payment, or require a prospective apprentice or trainee to enter into any bond or guarantee for the establishment of an apprenticeship or traineeship, unless with the consent of the Commissioner (does not apply to RTO fees).
• Prohibition on Employing Contrary to Prohibition Order (Section 53(4)):
  • Action: A prohibited employer must not employ an apprentice or trainee (including under a host employment arrangement) contrary to a prohibition order.
• Prohibition on False or Misleading Information (Section 70):
  • Action: A person must not make any statement or furnish any information that they know to be false or misleading in a material particular in or in relation to any application under this Act.
• Record-Keeping Requirements (Section 81(1)(f)):
  • Record-Keeping: Regulations may prescribe the keeping of progress cards and other records.
• Inspection and Audit Requirements (Sections 67, 69):
  • Action: Employers must allow an industry training officer to enter premises or places where a recognised vocation is conducted during normal business hours to examine plant, equipment, material, substances, and documents related to the vocation.
  • Action: Employers must produce any requested plant, equipment, material, substance, or document in their possession or control to an industry training officer.
  • Action: Employers must not assault, delay, obstruct, hinder, or impede an industry training officer in the exercise of their functions.

Metadata Keywords:

Apprenticeship, Traineeship, Vocational Training, NSW Legislation, Employment, Training Contracts, Compliance, Skilled Trades, Workforce Development, Regulation

Publication Information:

Publication date: 29 June 2018 Version number: Current version for 29 June 2018 to date (accessed 25 July 2025 at 22:22)

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://legislation.nsw.gov.au/view/whole/pdf/inforce/2025-04-22/act-2001-080 →