Employer temporarily unable to provide training
Version 6.1
September 2011
Employer temporarily unable to provide training (PDF, 69KB)
An employer of an apprentice or trainee has an obligation to ensure the apprentice or trainee receives training as outlined in the training plan. An employer who is temporarily unable to perform this obligation may choose to temporarily assign the apprentice or trainee to another employer or apply to temporarily stand down the apprentice or trainee from training.
What is it?
Temporary assignment allows the apprentice or trainee to work with another employer who is able to provide training and experience relevant to the apprenticeship or traineeship.
Temporary stand down must be approved by the Department of Education and Training (DET) and allows employers who are temporarily unable to perform their obligations under the training plan to stand down their apprentice or trainee. Approved temporary stand down provides for periods of unpaid absence from work.
Temporary Assignment
It is not a requirement for the employer to advise DET of temporary assignment details. The parties should be encouraged to keep such arrangements informal.
The employer and the apprentice or trainee must notify their training organisation of the proposed new training arrangement. The training record should be kept up to date with details of work and training undertaken with the temporary employer.
When the temporary assignment ends, the original employer must accept the returning apprentice or trainee and resume training in accordance with the training plan.
Temporary stand down from training
An application for temporary stand down can only be considered for an apprentice or trainee with a registered training contract. For an application to be considered the employer may complete a temporary stand down form (PDF, 130KB) (see 'Temporary stand down in meat processing sector and shearing industry' section if employer is in these industries) or provide a written application with the following information:
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full details of the apprentice or trainee
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duration of the stand down requested
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details of annual leave taken or available to the apprentice or trainee
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details of off-the-job training options available to the apprentice or trainee with the training organisation
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information regarding the size of the employer's workforce and their intentions in relation to the other workers
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information on the employer's recent and current work situation and their expectations for the future
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it is advisable that the issue is discussed with the apprentice or trainee (and parent/guardian if applicable).
Written applications for stand down of apprentices and trainees employed by group training organisations must also contain the following information:
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details of other host employers and attempts to place the apprentice or trainee with one of those host employers
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details of ancillary employment available or provided to the apprentice or trainee
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details of attempts to rotate the apprentice or trainee with another who plans to attend supervised training or take leave.
Applications for stand down must be lodged and approved by DET before the apprentice or trainee is stood down. Applications lodged after the proposed date of temporary stand down will not be considered or approved by DET.
Apprentices and trainees on temporary stand down may wish to have their details placed on an out-of-trade register to gain assistance with job seeking and attendance at off-the-job training while on stand down.
The out-of-trade register is currently maintained by Tradeapprentices. Apprentices and trainees wishing to register can go to their website or contact 1800 817 747.
Employers are required to pay the apprentice's or trainee's wages until the application for temporary stand down is approved.
Apprentices and trainees who are stood down from their apprenticeship or traineeship by DET are also stood down from their employment without pay for the duration of the stand down period unless they and their employer agree otherwise.
School-based and part-time apprentices and trainees can be subject to temporary stand down. A stood down school-based apprentice or trainee is still required to undertake the minimum work requirement, and an approved stand down must necessitate an adjustment to their Education, Training and Employment Schedule.
If temporary stand down and temporary assignment have been exercised and the original employer is still unable to fulfil their contractual obligations, alternative arrangements must be made. It is recommended the employer contact DET immediately to discuss this situation.
Temporary stand down in the meat processing sector and shearing industry
In certain circumstances, the temporary shut down or closure of a meet processing plant may result in the automatic stand down of apprentices and trainees by the employer. In these circumstances, the employer is required to submit monthly reports on the frequency and reasons for the stand down to DET. The stand down for the abattoir sector form (PDF, 100KB) has been developed for this purpose.
Where shearing contractors wish to stand down their apprentices or trainees, an application must be made to DET's nearest district office prior to the stand down or as soon as possible afterwards. The stand down for the shearing industry form (PDF, 102KB) has been developed for this purpose.
Timeframe
Temporary stand down can be approved for a maximum of 30 days and may be applied for the whole or part of that period.
Who to contact?
For further information regarding:
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the stand down of the training contract, contact Apprenticeships Info on 1800 210 210
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wages, contact Fair Work Infoline on 13 13 94.