Amendments to the Vocational Education and Training Act 1996

The Vocational Education and Training Act 1996 has been amended, repealing the Industrial Training Act 1975, to provide greater flexibility and a more contemporary training system. It came into effect on 10 June 2009.

The fact sheets featured here provide information on the key amendments to the Act and how they affect employers, training providers, apprentices and trainees.

• VET Act at a glance
• Conditions and Requirements of Qualifications
• Training Plans Fact Sheet
• Dispute Resolution Fact Sheet
• Certification Fact Sheet
• Training Contracts Fact Sheet

To access VET Act and legislation please click below.

View the Vocational Education and Training Act 1996 and Subsidiary legislation (Regulations).

Some of the key changes for apprenticeships and traineeships are shown below.

Training contracts

Registration

• Training contracts must be signed by both the employer and apprentice/trainee and lodged by the employer within 21 days of the employee commencing employment for the apprenticeship/traineeship.
• When the training contract is registered, the registration date will be back dated to match the commencement date of the apprenticeship/traineeship.

Probation periods

Probation periods now relate to the duration of the training contract for both apprentices and trainees and are set as: 

• one month for training contracts with 12 months or less duration;
• six weeks for training contracts with 18 months duration;
• two months for training contracts of two years duration; and
• three months for training contracts of three years or more duration.

Varying, suspending or re-assigning training contracts

There are new processes in relation to varying, suspending and re-assigning training contracts. Employers must seek advice from ApprentiCentre before making any changes to training contracts.

Completing training contracts

The employer, apprentice/trainee and training provider must agree in writing that the apprentice/trainee is competent and the training contract has been completed.

Terminating training contracts

Employers cannot terminate the training contract of an apprentice/trainee without ApprentiCentre’s approval unless it is:

• during the training contract’s probation period;
• by mutual agreement; or
• where dispute resolution at certificate II or below is unsuccessful.

Continuation of employment

It is the responsibility of the apprentice/trainee to negotiate with their employer, and agree to the continuation of their employment at the completion of the training contract.

Training plans

The training plan outlines the training and assessment throughout the apprenticeship/traineeship. The training plan is:

• initiated by the training provider;
• negotiated between the employer, apprentice/trainee and training provider; and
• signed by the employer, apprentice/trainee and the training provider, within six weeks from the date the training contract is signed or the end of the probation period of the contract, whichever is the longer.

The training plan must show:

• all the training and assessment required to complete the qualification. It is important that this training and assessment is documented on the training plan, as this is considered to be time worked and therefore the apprentice/trainee must be paid for this time;
• when, where and how the training and assessment will take place; and
• who will be providing the training and assessment.

Skills recognition

Qualifications traditionally only available through an apprenticeship can now be issued by the training provider, through skills recognition, without the need for a training contract.

Delivery schedules

Delivery patterns which specified the ‘off the job’ training hours, days and weeks in the regulations for the Industrial Training Act 1975 have been repealed. These schedules have now been removed, enabling employers to negotiate, with the training provider, training and assessment that suits their business needs.

Payment of training time

All training and assessment relevant to achieving the qualification is considered to be time worked and must be documented on the training plan. Employers not currently paying their apprentice/trainees for training and assessment must pay their apprentice/trainee for this time from 10 June 2009. Apprentices who signed a contract before 10 June and who are not currently being paid for training and assessment are the only exception to this rule.

Dispute resolution

Assistance with resolving disputes is now available to all employers and their apprentice/trainee. In the first stage of the resolution process ApprentiCentre meet with the parties to determine the issue and assist in its resolution.
If the issue relates to the training contract and either party is not satisfied with the resolution:

• at Certificate II and below, no further dispute resolution is required and the employer may terminate the training contract; or
• at Certificate III and above, the employer and/or apprentice/trainee may access a formal mediation and dispute resolution process.

An employer or apprentice/trainee may appeal to the Western Australian Industrial Relations Commission if they are dissatisfied with the outcome of the dispute resolution process.

Serious misconduct

In cases of serious misconduct an employer may suspend the apprentice/trainee while applying to terminate the training contract. However, the apprentice/trainee must be paid until the application is decided. The apprentice/ trainee cannot attend the workplace but can continue with their training during the suspension.

Certification

Trade certificates will no longer be issued for apprentices who sign training contracts from 10 June 2009;

• A nationally recognised Australian Qualifications Framework (AQF) qualification will be issued by the nominated training provider;
• An AQF qualification, for an apprenticeship indicates:
• successful completion of both the on and off the job components of the training contract;
• achievement through an apprenticeship arrangement; and
• the individual is a qualified trades person.
• Training providers cannot issue the AQF qualification until the employer, apprentice/trainee and training provider agree, in writing, that the apprentice/trainee is competent and the training contract has been completed.

Transitional arrangements:

• For apprentices who signed training contracts before 10 June 2009 training providers will continue to issue the qualification under the current process and ApprentiCentre will issue the trade certificate.
• For all trainees and new apprentices who sign training contracts from 10 June 2009 a new process applies. Training providers will be responsible for ensuring the training contract is complete, notifying ApprentiCentre of the completion within 21 days of the date of completion, and then issuing the AQF qualification.

Appeals on assessment

Appeals on assessment must be managed by the registered training organisation under AQTF requirements.

Penalties

Penalties may apply for significant breaches of the Act.