Nominal Terms of Training - A Vocational Training Guideline for the variation of the nominal term of an apprenticeship or traineeship.

Issued: 21 December 2001

Note: Guidelines have been carried forward under the transitional provisions of theApprenticeship and Traineeship Act, 2001.

The guideline shall apply to the exercise of functions by the Vocational Training Tribunal or by the Commissioner for Vocational Training or the Commissioner's delegate(s) relating to the determination of applications to vary the nominal term of training. This guideline applies to applications which seek to establish a variation in the nominal term (as specified in the relevant vocational training order (VTO)) from the date of commencement of the apprenticeship/traineeship.

• Pursuant to section 6 of the Apprenticeship and Traineeship Act 2001, vocational training orders (VTOs) specify an appropriate term for the subject trade or calling, referred to as the nominal term.
• The Act provides for the nominal terms of an apprenticeship or of a traineeship to be varied by the Commissioner for Vocational Training. Such a variation may be made by the Commissioner (or delegate) in determining an application for the establishment of an apprenticeship or a traineeship.
• Section 10 of the Act provide for the issue of a vocational training direction to reduce or extend the term of the proposed apprenticeship or traineeship. In making a vocational training direction, the Commissioner (or delegate) has to have regard to any relevant instruction that the apprentice or trainee has received and also comply with any relevant vocational training guideline.

Where a request for an extension of the nominal term (as specified in the VTO) of an apprenticeship or a traineeship is lodged with the Commissioner in conjunction with an application to establish an apprenticeship or a traineeship, such request must satisfy the following criteria.

The application to establish the training arrangement;

• generally demonstrates at least 400 hours of structured on or off-the-job training or a combination of both,
• establishes equity grounds which would either normally qualify for equity assistance under the Apprenticeship and Traineeship Training Program guidelines (applying to new entrant trainees) or be agreed by the Commissioner for Vocational Training as a special circumstance,
• is verified by Recognition Services Branch staff with the relevant employer,
• is in respect to a traineeship which had not previously been taken up within the industry as a one year existing worker traineeship prior to 21 May, 1999, when the two year eligibility criteria for conversion of existing workers to New Apprenticeships was introduced by the Commonwealth,
• is accompanied by a bona fide two year training plan prepared and signed off by a registered training organisation (RTO), which has the proposed apprenticeship or traineeship qualification within its approved scope of registration and which sets out the proposed training program, mode of delivery and timetable and,
• does not exceed, when considered in the context of the overall proponent employer's current approved apprenticeship/traineeship establishments (including Existing Worker Traineeships), a manageable proportion of such training establishments to overall employee numbers, the determination of such proportion to be at the discretion of the Commissioner for Vocational Training in each instance.

In assessing any such request for an extension of the nominal term of an apprenticeship or traineeship, the approach adopted by the Commissioner (or delegate) will be to support and monitor the establishment of quality client-focussed arrangements for apprenticeships and traineeships within the New South Wales regulatory framework, pursuant to the requirements of the Apprenticeship and Traineeship Act 2001.

In summary the requirements for consideration of a request for an extension of the nominal term of an apprenticeship or a traineeship shall include the following:

• a detailed request signed by both parties (trainee and employer) which satisfies the criteria specified above,
• a correctly completed training contract,
• a bona fide training plan setting out the proposed training program, mode of delivery and timetable prepared and endorsed by a registered training organisation (RTO) which has the proposed qualification within its approved scope of registration.

Where such request for an extension of the nominal term is approved, a vocational training direction shall be issued to the parties setting out the terms of such approval.

Where the Commissioner has issued a vocational training direction in respect to the approval of a request for an extension of the term of an apprenticeship or a traineeship and subsequently receives a request for early completion, such request will only be granted, at the discretion of the Commissioner, for the most cogent and compelling of reasons.

Ken Boston MANAGING DIRECTOR OF TAFE NSW DIRECTOR-GENERAL OF EDUCATION AND TRAINING 17 March 2000