02 4579 0677

Outdoor Training College

"without risk we may not grow"


Traineeships - Obligations

The Traineeship Training Contract is a formal agreement between the employer and the Trainee. It's a legally binding document that outlines the obligations an employer has to a Trainee. The essence of a Trainee is on-the-job training and the work experience that the Trainee will gain. The employer is responsible for ensuring that the Australian Trainee has access to the full range of work required to develop the skills and industry knowledge they need on the job. Under the policy of User Choice, we decide how the training takes place, for example, during or after work hours, on the internet or in a group training session.

The following information is an extract from "A guide to traineeships and apprenticeships" - NSW State Training Services - Each State/Territory will have their own specific guidelines but the below information could be used as a general guide

Training requirements:

Apprentices and trainees must be provided with "hands on" work, access to appropriate tools and equipment, and supervised training at work to acquire the knowledge and skills they need to complete the apprenticeship or traineeship. Apprentices and trainees must be enrolled in an approved course of formal training with a Registered Training Organisation (RTO). They must be allowed paid work time to undertake their formal training. This may involve attendance at a training institution, formal training in the workplace or self-paced learning.
Employers must sign the apprentice's/trainee's competency record book or work evidence guide which supports formal training.
Employers must liaise with the RTO regarding the apprentice's/trainee's attendance and their participation and progress in formal training.

Employee Obligations:

Apprentices and trainees have obligations under the Apprenticeship and Traineeship Act 2001 and the training contract. These are summarised below.

Apprentices and trainees must make every effort to acquire the skills and knowledge they need to successfully complete their apprenticeship or traineeship by:
• accepting instruction and training in the vocation given by the employer or by a workplace supervisor
• attending scheduled training delivered by the RTO
• completing assignments and other assessment tasks set by the RTO
• maintaining the competency record book or work evidence guide if one has been issued

Employer Obligations:

The employer is responsible for ensuring that the apprentice/trainee receives the instruction, practice and support they need to develop skills in all aspects of their vocation, in accordance with the requirements of the training plan.
In meeting their obligations to train an apprentice or trainee, employers must ensure that:
• the apprentice or trainee has access to the full range of work required to develop competencies in all aspects of the vocation
• they are in regular communication with the RTO, confirming competence in the workplace in alignment with the formal training
• the apprentice or trainee has access to the full range of tools and equipment commonly used by skilled workers in that industry
• the apprentice or trainee will be instructed and supervised by a suitably qualified or experienced person
The RTO should provide the apprentice/trainee with a competency record book or work evidence guide outlining the competencies they are expected to develop within the term of the training contract. The RTO may require the employer to complete or sign entries in the competency record book.

Training Organisation Obligations:

Formal training for apprenticeships and traineeships in NSW is 'competency-based'. This means that apprentices and trainees are assessed on the skills they can demonstrate, the tasks they can perform and the underpinning knowledge they have gained that allows them to effectively perform their work. Employers can progress their apprentice or trainee through the apprenticeship or traineeship as they reach milestones in their competence.

The training programs apprentices and trainees undertake through a RTO are now more flexible. Training can often be customised to meet the needs of the employer and their apprentice or trainee. Although apprentices and trainees are often required to attend classes off the job, sometimes formal training may be delivered in the workplace or by means of a self-paced learning program. The RTO may also use a combination of training styles (often called mixed-mode delivery).

An RTO may notify state training services on any matter that may affect the capacity of the apprentice/trainee to successfully complete the training. These matters may include:
• any failure by the apprentice or trainee to make satisfactory progress towards achieving the qualification as a result of non-attendance, failure to complete assessment tasks or failure to achieve competence within a reasonable period after delivery of training
• any failure by the employer to allow the apprentice or trainee the opportunity to complete the training specified in the Training Plan
• if the RTO is denied access to the apprentice or trainee to deliver training or conduct assessment
• if the apprentice or trainee's role in the employer's business does not enable the RTO to undertake workplace assessment of the competencies specified in the Training Plan
• any changes in the nature of the employer's business that adversely affects the employer's capacity to provide the workplace facilities needed for the RTO to assess competency in the workplace