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Training Contract >> Questions Q6 ) How much information do I have to provide on "host" employers on the new Training Contract? Q7 ) Can I propose a "trust" as the employer? Q8 ) In the new Training Contract is there a separate box for 'existing worker trainees". Q9 ) When did the new Training Contract come into effect in NSW? Q10 ) Can a Australian Apprenticeships Centre (AAC) use photocopied forms for multiple sign ups? Q13 ) How do I calculate the term of training in months for the contract of training? Q19 ) What term of training should be specified in Question 5 on Part B of the Training Contract? Q20 ) What are the requirements for lodging and returning (if required) the Training Contract? Q22 ) What are the requirements governing parties completing and signing the Training Contract? Q28 ) Is Question 30 on the Training Contract ie, "ABN number" mandatory? Q1 ) Does the nominated registered training organisation (RTO) automatically receive a copy of the Training Contract? A1 ) There is no registered training organisation (RTO) specific copy of the Training Contract which is automatically forwarded to an registered training organisation (RTO). However, a registered training organisation (RTO) may receive a photocopy from the employer's nominated Australian Apprenticeships Centre (AAC)) or the employer, if required. The registered training organisation (RTO) could make this part of their agreement to become the registered training organisation (RTO). Q2 ) For a trainee that commenced employment before 31 December 2001 and is signed up after that date, does the Australian Apprenticeships Centre (AAC) use the new Training Contract ? If so, are arrangements governed by the new Act or the old one? A2 ) The new Training Contract is used for sign ups after 31 December 2001 irrespective of the commencement date. Q3 ) Question 1 on the Training Contract asks for the name of the traineeship/apprenticeship, while Question 2 asks for the title and level. However, on the DET website, reference is made to the traineeship name, the certificate level and the calling which is similar to the name of the traineeship name. Can you explain what the various terms mean? A3 ) The traineeship name and the recognised traineeship vocation (or formally the declared calling) are the same thing. For apprenticeships the name is the recognised trade vocation (formerly the declared trade). Under the Apprenticeship & Traineeship Act, 2001, the Commissioner for Vocational Training designates vocations as recognised trade vocations (apprenticeships) and recognised traineeship vocations (traineeships). Previously these were referred to as declared trades (apprenticeships) and declared calling (traineeships). The training program (course/qualification) and its level (Certificate II, III or IV etc) for each apprenticeship and traineeship is as specified in the relevant vocational training order (VTO). Q4 ) How does a trainee applying to go on to a higher level qualification (eg Cert II to Cert III) within 3 months respond to Question 42? A4 ) Subject to eligibility guidelines, where a new entrant trainee is applying for a higher level qualification under progression arrangements ie, from a Certificate II to a Certificate III or IV, it is appropriate that they tick the "NO" box in Question 42. The nominated Australian Apprenticeships Centre (AAC) would be able to assist with this question. NOTE: (To attract further Commonwealth incentives, a trainee who has successfully completed a Certificate II New Apprenticeship commenced from 22 May 1999 with the same employer must progress to a Cert III/IV within 12 months of having completed that Cert II). Q5 ) Under a group training arrangement, should Question 37 of the Training Contract be completed by entering the legal name or the trading name of the host employer. A5 ) The Act defines a host employer as a person or body ie, a legal person or body. A trading name does not satisfy this requirement. As the Apprenticeship & Traineeship Act, 2001 attaches specific obligations to host employers, the legal name of its host employer should be nominated. NOTE: This requirement for the new Training Contract format was included at the request of NSW and relates to the need for a registered training organisation(RTO) to cite a definite placement with a real (ie, legal) host. This is to assist NSW DET to provide 60,000 plus approvals each year. It was not focussed on monitoring. NSW specified it as a legislative requirement for that data. Q6 ) How much information do I have to provide on "host" employers on the new Training Contract? A6 ) Complete questions 35, 36 & 37 on the new Training Contract - Legal Name and address of host employer and details of the workplace as required. Q7 ) Can I propose a "trust" as the employer? A7 ) No. Where a trust has been established, the trustee(s) is the legal entity with the capacity to sign a Training Contract. A trust is not a legal entity and does not have the legal capacity to enter into a contract of employment and training. See Advice & Instruction. Q8 ) In the new Training Contract is there a separate box for 'existing worker trainees". A8 ) Yes - Questions 41 & 42 seek details of previous employment with that employer. Q9 ) When did the new Training Contract come into effect in NSW? A9 ) The Training Contract came into effect in NSW from 1 January 2002 and is available from Australian Apprenticeships Centres. Apprenticeship and traineeship Training Contracts are now in a national format and are available in either a hard copy printed multi-copy carbonised format. The Word version referred to is printed as a series of A4 pages with a sign-off page. Because the new Training Contract is also the trigger for Commonwealth financial incentives (payable, subject to eligibility guidelines under the Australian Apprenticeships Incentives Programme), Commonwealth guidelines require that where a Australian Apprenticeships Centre fills in the download format on behalf of the parties, that the parties initial each page. The NSW Department Of Education And Training will accept the Training Contract in (Word format) with just the signatures on the sign-off page - as long as a copy is given to each party to ensure the integrity of the transaction. Q10 ) Can a Australian Apprenticeships Centre (AAC) use photocopied forms for multiple sign ups? A10 ) Yes. but specific requirements apply. Photocopies and downloaded versions of the Training Contract (TC) can be used where:
Where photocopies or downloaded copies are used, it is essential that the employer and the apprentice/trainee are made aware of their obligations under Part C of the TC, and are each given a full copy of Parts B and C of the TC. Note: This authorisation is by the NSW Commissioner for Vocational Training. AACs must be mindful of Commonwealth contractual obligations and ensure their practices conform to those requirements also. Q11 ) If the employer is a Group Training Organisation, does Question 37 of the Training Contract refer to the host employer? A11 ) Yes. Q12 ) Part B explanatory notes on the Training Contract, under "Apprenticeship/Trainee Details" says incomplete information will impede registration of the Training Contract and eligibility for incentives, but at the top of the page it notes some questions are optional. Please clarify. A12 ) Asterisked-marked questions are for statistical purposes only and are optional. If they are not answered, the registration of the Training Contract will not be impeded. You should contact your nominated New Apprenticeships Centre for advice in relation to eligibility for any incentives. Q13 ) How do I calculate the term of training in months for the contract of training? A13 ) Read the Advice and Instruction 'Training Contract - Terms and Credit in months' on the website. Q14 ) In the witnessing of the signatures on the Training Contract, can the witness be the AAC representative? In many cases in the country the only person available is the representative doing the sign up. A14 ) There is no current impediment to a AAC employee signing a Training Contract as a witness. Q15 ) When using the website version of the Training Contract, the boxes for Questions 1, 16, 18, 19, 21, 29, 31, 39 do not allow you to complete the information eg. For Q1 Clerical - Administrative Skills - Business (Office Administration) won't fit in the box and the box won't expand to fit it. Can this be rectified please? A15 ) This sort of practical issue will be identified in the proposed post implementation review of the national Training Contract. There are space limitations due the need to accommodate all of the Training Contract requirements within the agreed format. Q16 ) At the DET Information Session we were informed that the new Training Contract replaced the current Commonwealth new Apprenticeship Incentives Claim Form. However, Part D says a separate form must be lodged by the employer. Which is correct? A16 ) This is a Commonwealth administrative issue. The Commonwealth advises that while the new Training Contract will take the place of the Australian Apprenticeship Incentives Assessment form, a separate Claim Form must still be lodged in all cases. You should contact your nominated Australian Apprenticeships Centre (AAC) for advice in relation to eligibility for any incentives. Q17 ) Do parents of under 18 year of age trainees need to be at the sign up to sign the new Training Contract? A17 ) It is preferable that the parent/guardian sign at the same time as the trainee as both their signatures have to be witnessed and there is only provision for one witness of the New Training Contract. However, if this is not possible there could be two witnesses as long as they each provide the required details and make it clear what they are witness to. Q18 ) What is DET's position regarding a parent or guardian not signing the Training Contract when the apprentice or trainee is under 18 years of age? A18 ) We will accept the Training Contract as this situation is covered by section 32 of the Apprenticeship & Traineeship Act, 2001, where as provided by the Minors (Property and Contracts Act), a contract made by a minor will be binding if it was for the minor's benefit and the minor understood that he/she was entering into a legally binding contract. Q19 ) What term of training should be specified in Question 5 on Part B of the Training Contract? A19 ) Question 5 on the application form requests the "Nominal duration of the Training Contract (months)" be entered. This question should be completed by entering the term of training proposed by the parties. This is consistent with the approach previously taken by the NSW Department of Education and Training in relation to the former Application Establish an Apprenticeship or Traineeship in NSW (VT5) which requests the "Term of training applied for". The nominal duration of the Training Contract in Question 5 should be in accordance with the term of training specified in the Vocational Training Order unless credit is sought as provided by Question 20 and evidence thereof provided. Where credit is sought, as provided by Question 20, the nominal duration is the term as specified in the relevant VTO less any such credit. Q20 ) What are the requirements for lodging and returning (if required) the Training Contract? A20 ) The process for administering the lodgement vetting and approval of a Training Contract is set out in the document titled Procedures for AACs and key stakeholders: Implementation of the Apprenticeship & Training Act 2001. Under this process it is the original white copy which is to be lodged with the NSW Department Of Education And Training. A copy of this process is available from the Apprenticeship & Traineeship website. In addition, the advice on the inside cover of the New Training Contract also indicates where to lodge the Training Contract, who gets what copy and also returning incomplete forms. As we need to encourage the lodgement of a fully correct new Training Contract and attachments in the first place, DET should get only the first copy (white). The AAC is then responsible for the distribution of the employer and trainee/apprentice copy either at signup or later if New Training Contract is lodged by mail. DEST advise that it is also the responsibility of the AAC to note any required alterations to the New Training Contract and keep a copy of any changes on the (AAC) file. Q21 ) Where the information provided in Question 37 of the Training Contract is the same as Question 29 & 32 (Note Question 32 refers to postal address) can Question 37 be completed by referring to Questions 29 & 32? A21 ) The purpose of Question 37 is to enable the NSW Department Of Education And Training to identify the workplace details of an apprentice/trainee particularly where the placement is with a host-employer under a Group Training arrangement. Where the information relevant to Question 37 is identical to the employer details in Question s 29, 31 & 32, then Question 37 may be answered as follows "As per Questions 29, 31 & 32 above". This response cannot be utilised where the answer to Question 32 is a PO Box number. It is critical that a street address be nominated for monitoring purposes. Please note that where the apprentice/trainee is placed with a host-employer under a Group Training arrangement, Question 37 should be completed by providing the legal name of the host-employer and the street address of such employer. Q22 ) What are the requirements governing parties completing and signing the Training Contract? A22 ) Instructions re completing the New Training Contract are outlined at the beginning of Part A with further instructions and advice in Parts B & C (Training Contract Obligations and Declaration). For further advice and assistance in completing and signing a Training Contract, please contact your nominated Australian Apprenticeships Centre (AAC). Q23 ) Will a Training Contract be accepted if they have highlight marks on them? In some cases employers request that we highlight or mark the section to be filled in if we have to leave the forms with them for any reason. A23 ) Yes. Q24 ) Does Question 20 on the Training Contract refer to UNRECORDED credit as opposed to RECORDED credit on file? A24 ) Question 20 refers to both recorded and unrecorded credit. Where "unrecorded" credit is applied for supporting documentation must be provided. The onus is on the parties to the Training Contract to demonstrate that the unrecorded credit is valid. Q25 ) When amendments are required to be made to a Training Contract, is there any documentation sent to the applicant and/or employer informing them of the amendment? A25 ) The nominated Australian Apprenticeships Centre (AAC) should provide any necessary information or explanation concerning amendments to the Training Contract. Refer to Advice & Instruction. Q26 ) Does Question 1 (Name of Apprenticeship Traineeship) on the Training Contract, require that the name be in full eg. Retail Operations Certificate II, or Retail Operations? A26 ) Question 1 of the Training Contract refers to the name of the recognised trade or traineeship vocation as set out in the relevant vocational training order. Q27 ) We have received a Training Contract to re-establish an apprenticeship for less than 12 months. The apprentice has completed TAFE according to the Training Contract. Hence no Training Plan Summary was attached. Can we accept the Training Contract with a Training Plan Summary? There is no further input from a registered training organisation (RTO), or should we request proof of registered training organisation(RTO) completion? A27 ) Where the applicant, apprentice or trainee has previously completed the training qualification specified in the relevant vocational training order, the evidence of completion of that qualification will be accepted in lieu of a Training Plan Summary. Q28 ) Is Question 30 on the Training Contract ie, "ABN number" mandatory? A28 ) ABN is a tax payer identifier for certain dealings with the Australian Taxation Office and other Government Departments and agencies. The critical field for DET is the legal entity which employs the apprentice/trainee. Training Contracts will be considered without the ABN link being correct or without the ABN being provided. You should however note Part D of the Training Contract on Information on Commonwealth Australian Apprenticeships Incentives: "Taxation Commonwealth New Apprenticeships Incentives may be subject to GST. If you are eligible for Commonwealth Incentives you should be aware that if you do not provide your ABN when lodging a Claim Form, the Commonwealth Department of Education, Science and Training will be obliged to withhold 48.5% of the incentive payment and remit it to the Australian Taxation Office. You should seek independent advice regarding your taxation position." Q29 ) The Training Contract refers to "The Parent or Guardian" in Part C Training Contract Obligations and Declaration". Does the term 'Guardian' mean legal guardian? A29 ) The term 'guardian' is defined in the Macquarie Dictionary Second Edition as including "Law. One who is entrusted by law with the care of the person or property, or both, of another, as of a minor or of some other person legally incapable of managing his own affairs." The term 'guardian' as used in the Training Contract includes 'legal guardian' as being within the ordinary meaning of the word.
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Last updated: 31 October, 2008 |
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