Purpose The purpose of this guide is to provide direction to organisations/persons associated with school-based traineeships and apprenticeships in Tasmania. Skills Tasmania together with the Tasmanian Traineeships and Apprenticeships Committee (TTAC) provides policy advice and direction in line with the Training and Workforce Development Act 2013.

Scope This guide applies to all school students undertaking a school-based traineeship or apprenticeship, their parents/guardians, the employer (including Group Training Organisations), the Registered Training Organisation (RTO), the school and Apprenticeship Network Providers. It outlines the requirements associated with the commencement, registration, variation and completion of a training contract involving a full-time school student participating in a school-based traineeship or apprenticeship.

Background A traineeship or apprenticeship is a legally binding training contract which is signed by the employer, employee and/or parent/guardian. Under the Training and Workforce Development Act 2013, the Tasmanian Traineeships and Apprenticeships Committee (TTAC) must approve the training contract before it has any legal status. This applies whether the training contract is full-time, part-time or school-based.

For further information about what the Act contains please see • http://www.thelaw.tas.gov.au/tocview/

index.w3p;cond=all;doc_id=10%2B%2B2013%2BAT%40EN%2B20170202000000;histon=;pdfauthverid=;prompt=;rec=;rtfauthverid=;term=training%20and%20workforce%20development%20act%202013;webauthverid=

Training and Workforce Development Act 2013 .....................................................................................................................................................................................................

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• establishes and grants powers to Skills Tasmania and the Tasmanian Traineeships and Apprenticeships Committee (TTAC)

• provides the legislative authority for the administration of traineeships and apprenticeships and

• contains provisions regarding inquiries, inspections and disputes This legislation therefore allows TTAC to set policy and guidelines that support traineeships and apprenticeships in Tasmania. These policies apply to all traineeships and apprenticeships and can be found at http://www.skills.tas.gov.au/__data/assets/pdf_file/0003/142680/TTAC_Policies_and_Guidelines_Dec_2016.pdf There is one specific policy, TTAC Policy 12, School-based Traineeships and Apprenticeships, which deals with school-based traineeships and apprenticeships. However this should not be read in isolation of the other TTAC policies and guidelines. Successful achievements by the school-based trainee or apprentice contribute to the student’s Tasmanian Certificate of Education (TCE). Details of achievements are recorded on their Statement of Results (issued by the Office of Tasmanian Assessment, Standards and Certification) and their Statement of Attainment (issued by the registered training organisation).

Definitions and Acronyms See Glossary at Appendix 1.

Overview • A school-based traineeship or apprenticeship is a paid employment

based training program for full-time school students who are attending years 10, 11 or 12.

• The paid employment component to be completed is a minimum of 7.5 hours per week and maximum of 15 hours per week during school terms.

• The total hours worked under a school-based traineeship or apprenticeship arrangement in a year must be between 390 minimum and 900 maximum where the school-based traineeship or apprenticeship is completed within the student’s compulsory

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schooling period and where the traineeship / apprenticeship has a nominal duration of less than 24 months.

• Where the traineeship / apprenticeship has a nominal duration of 24 months or longer, the total hours worked must be between 600 and 900.

• Additional hours are required to be worked during school holidays to ensure the minimum of 390/600 hours is achieved each year. (See TTAC Policy 12, School-based Traineeships and Apprenticeships).

• The training component is managed by the nominated registered training organisation

(RTO), and may occur at the RTO’s premises and and/or at the employer’s workplace

with details recorded in the Training Plan. (See TTAC Policy 15, Minimum Requirements for Training Plans).

• The school-based training contract is lodged by an Apprenticeship Network Provider with Skills Tasmania for approval and registration. A completed School Endorsement Form must be attached to the training contract.

Approved Qualifications Qualifications that are approved by Skills Tasmania as appropriate to be delivered under a school-based arrangement can be found on the Skills Tasmania website at www.skills.tas.gov.au/apprenticeshipstraineeships/approvedtas This webpage provides a full list of all traineeships and apprenticeships in Tasmania and identifies those that have been approved to be delivered under a school-based arrangement. If you find that there is a qualification that you consider could be offered under a schoolbased arrangement, you can apply to Skills Tasmania to have the qualification made available by making application online at; www.skills.tas.gov.au/apprenticeshipstraineeships/apptrainappform

Nominal term of the training contract The nominal term for a school-based traineeship or apprenticeship is based on the prescribed term for a full-time traineeship or apprenticeship. Depending on when the training contract commences and the nominal term of the training contract, the training contract may be completed whilst the student is still at school.

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However, some traineeships/apprenticeships will continue after the student has finished school. In these circumstances the parties to the training contract will nominate if the trainee/apprentice will continue on a full-time or part-time basis. The training contract will show the school-based duration as well as the duration and employment mode after the student leaves school. A student cannot remain in a school-based traineeship or apprenticeship after they have left school or completed their compulsory schooling.

Roles and responsibilities School principal In signing the school-based endorsement form, the School Principal (or approved delegate) acknowledges and endorses that: • the student be a year 10, 11 or 12 school student as prescribed by

relevant state legislation • the student’s school-based traineeship or apprenticeship is an

approved qualification and the delivery integrates school, work and training that contributes to the student’s secondary schooling and/or TCE as well as leading to a nationally recognised qualification

• the student must be undertaking a minimum total of 600 hours and no more than 800 hours annually of combined off‐the‐job education and training. The 800 hours maximum may be exceeded with the consent of the parties to the training contract and the school. The school will monitor and amend the arrangement in consultation with the parties if necessary.

• where the school-based traineeship or apprenticeship is to be undertaken during the student’s compulsory schooling period, the specified hours of paid employment have been integrated in the most appropriate combination of on-the-job training, off-thejob training and schooling to meet the student’s needs, reflecting that part-time employment is inherent in a school-based traineeship or apprenticeship

• the school will meet once a month with the student and provide essential support and pastoral care as required to optimise the student’s success

• the school will maintain regular contact with the registered training organisation (RTO) coordinating essential support and cooperating to optimise the student’s success

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• the school is to liaise with the Apprenticeship Network provider (ANP) if it is identified that there are any concerns regarding the obligations of the training contract not being met. This may include the student not receiving sufficient hours of employment, or not receiving an appropriate level of supervision. The ANP will then escalate any matters to Skills Tasmania they determine as appropriate

• agreement has been reached with the registered training organisation (RTO), employer and school to ensure that the combination of training, work and schooling is monitored and the student is managing and making appropriate progress

• that the combination of training, work and schooling is monitored and the student is managing and making appropriate progress;

• that Skills Tasmania intervention will be sought if there is any reason to believe that the training contract is at risk through the actions of any party.

Employer In signing the training contract and school-based training program outline the person employing a school-based trainee or apprentice must comply with: • the training contract terms, conditions and obligations including

employment for the term of the training contract • the Training and Workforce Development Act 2013 • all other legislative requirements surrounding wages and

employment conditions; occupational health, safety and welfare requirements

• any industrial and/or licensing obligations • guaranteeing paid employment of a minimum of 7.5 hours per week

and a maximum of 15 hours per week during school terms. The total hours worked under a schoolbased traineeship or apprenticeship arrangement in a year must be between 390 and 900 hours. The employer will be required to provide additional hours of employment during school holidays to ensure at least 390/600 hours is achieved (depending on nominal duration of the training contract).

• that agreement has been reached with the registered training organisation (RTO), employer and school to ensure that the combination of training, work and schooling is monitored and the student is managing and making appropriate progress.

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School-based trainee/apprentice To be a school-based trainee or apprentice, the student will comply with the training contract terms, conditions and obligations including: • committing to the full term of the training contract • be an Australian resident or hold an appropriate visa • be enrolled as a year 10 , 11 or 12 school student • be enrolled with the selected registered training organisation (RTO) • complete a minimum 390/600 hours (depending on the nominal

duration of the training contract) of paid employment while at school on a regular basis, integrated with training

• fulfil their school, work and training responsibilities where agreed in the training contract and the training plan;

• notify respective parties of any variation to their school, work or training schedule, whether through sickness, other personal issue or withdrawal.

Training Contract variation 1. If a school-based trainee or apprentice leaves school and is employed

either on a part-time or full-time basis, the training contract will need to be varied to reflect the new employment mode. If the trainee or apprentice leaves school but does not continue with the traineeship or apprenticeship the training contract will need to be considered for cancellation.

2. Home-schooled students are able to access school-based traineeships and apprenticeships providing all other requirements of the program are met. The parent assumes the role and responsibility of the school.

Parent/Guardian A parent/guardian is required as a signatory to the training contract where the trainee or apprentice is under 18 years of age at the commencement of the traineeship or apprenticeship, unless it has been determined that the parent or guardian is unwilling or unable to sign the training contract. For further information on signing training contracts please go to TTAC Policy 11, Signatories to Training Contracts. Note: where a school-based trainee/apprentice nominates to waive the parent/guardian requirement, then the school is provided with a copy of this waiver. .....................................................................................................................................................................................................

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For a complete copy of this policy visit the Skills Tasmania website at http://www.skills.tas.gov.au/__data/assets/pdf_file/0003/142680/TTAC_Policies_and_Guidelines_Dec_2016.pdf

Registered Training Organisation The Registered Training Organisation (RTO) will: • complete relevant sections of the school-based training program

outline; • co-ordinate with the employer and school-based trainee/apprentice to

develop a training plan within three months from the training contract commencement date;

• ensure the employer and school-based trainee or apprentice and their school have a copy of the training plan and understand and commit to the program;

• negotiate the on-the-job training to be delivered by the employer and the delivery of off-the-job training and assessment of units of competency in line with the agreed training plan;

• Provide the school-based trainee’s/apprentice’s school with: • A copy of the training plan • Mid-year report by 10 July each year of the

traineeship/apprenticeship • End of year report due by 30 November each year of the

traineeship/apprenticeship • Report quarterly to the Office of Tasmanian Assessment, Standards

and Certification Authority unit of competency outcomes as prescribed in the Office of Tasmanian Assessment, Standards and Certification Act More information is available on their website at www.tqa.tas.gov.au/9679

Apprenticeship Network Providers (ANPs) Apprenticeships Network Providers are contracted be the Australian Government to: • provide general information on traineeships and apprenticeships • market traineeships and apprenticeships • assist in completing and lodging training contracts

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• process applications and claims for Australian Government incentives and allowances

• provide support and assistance during the traineeship or apprenticeship to employers, and trainees and apprentices

• organise amendments to the training contract on behalf of Skills Tasmania.

Skills Tasmania Skills Tasmania is the state training authority, and is the state government body responsible for the approval and administration of traineeships and apprenticeships in Tasmania. Skills Tasmania supports the Tasmanian Traineeships and Apprenticeships Committee (TTAC). Skills Tasmania will confirm in writing with all parties to the school-based traineeship/apprenticeship: • the registration of the training contract plus any approved

amendment to the training contract • completion of the training contract. Skills Tasmania: • Administers training contracts in accordance with the Training and

Workforce Development Act 2013 and TTAC policies and guidelines

• Provides notification of approval (or non-approval) of the training contract between the employer, trainee/apprentice, school and RTO

• Pays travel and accommodation allowances to eligible trainees and apprentices as a contribution to the cost of attending off-the-job training

• Provides assistance to all parties of the training contract to assist in the resolution of difficulties which may arise between employers, trainees, apprentices and the RTO during the term of the training contract

• Provides information and advice on traineeships and apprenticeships.

Transfer of School Transition from year 10 In November/December of each year, Skills Tasmania will write to all parents/guardians nominated on the training contract requesting advice regarding which school the schoolbased trainee/apprentice will be .....................................................................................................................................................................................................

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attending in year 11. Once the advice is received by Skills Tasmania, the training contract will be amended and the employer, trainee/apprentice, RTO, ANP, the old school and new school will be advised of this change.

Other reasons for transfer of school If for any reason the school-based trainee/apprentice transfers school, the school should advise the Apprenticeship Network Provider of this change immediately. There may be a range of reasons why this occurs, however a change of school could jeopardise the schoolbased arrangement and needs to be discussed with the new school, the employer and RTO to ensure that the obligations of the training contract is in place to continue to support the trainee/apprentice. Training contract A traineeship or apprenticeship is a legally binding training contract, which is signed by the employee and employer and/or parent/guardian. The training contract must be approved by the Tasmanian Traineeships and Apprenticeships Committee (TTAC) before it has any legal effect. The training contract contains: • obligations of the employer and trainee or apprentice • contact details of the employer and trainee or apprentice • the qualification to be obtained • the duration of the training contract • details of the Registered Training Organisation which will deliver the

training and assessment services • industrial arrangements under which the trainee or apprentice will be

employed • information for national statistical purposes • employment arrangements (full-time, part-time or school-based)

previous qualifications of the trainee or apprentice.

Probation period A probation period will begin from the date of commencement of the school-based traineeship or apprenticeship as specified in the training contract. A probation period applies to all training contracts. The probation period gives both the employer and the trainee or apprentice time to work together and decide whether to continue with the training contract.

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For further information please visit the Skills Tasmania website and view TTAC Guideline 1, Probation under Training Contract,

http://www.skills.tas.gov.au/__data/assets/pdf_file/0003/142680/TTAC_Policies_and_Guidelines_Dec_2016.pdf

Lodgement of training contract The employer must lodge a training contract within 28 days after entering into a contract with a school-based trainee or apprentice. Lodgement of the training contract is facilitated through the employer’s nominated Apprenticeships Network Provider (ANP) to Skills Tasmania. The completed school endorsement form must also be completed by the ANP and forms part of the training contract for approval.

Registration The school-based traineeship or apprenticeship has no status until it is approved and registered by the Tasmanian Traineeships and Apprenticeships Committee (TTAC). Skills Tasmania registers the training contract on behalf of TTAC and parties will be notified when the training contract has been approved.

Variations – Changes to the Training Contract Once the training contract has been approved and registered, any variation to the training contract must be made in writing, have the agreement of all parties and be approved in accordance with the Training and Workforce Development Act 2013. Changes may include: • cancelling a training contract • suspending the training contract due to sickness or work shortage • choosing a different qualification that may be more appropriate to the

workplace • extending the training contract • changing to a different Registered Training Organisation (RTO) • change of business ownership • change of schools.

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The Apprenticeship Network Provider (ANP) responsible for that training contract will assist the employer and school-based trainee or apprentice to complete the required application forms and where applicable advise the school and/or RTO.

Training plan All traineeships and apprenticeships must have a training plan in place. The nominated registered training organisation (RTO) is responsible for developing a training plan in collaboration with the employer and school-based trainee or apprentice within three months of the training contract commencement date.

The training plan should include: • the qualification that the trainee/apprentice is working to achieve

the training that the trainee or apprentice will need to undertake • how will the training be delivered and by who • what training will be undertaken in the workplace • what training will take place off-the-job • when and how the training will be assessed and monitored. The RTO must review the training plan regularly to ensure that any changes to the student’s school study program or employment mode that affects delivery of the qualification are reflected on the training plan. For more details regarding the Tasmanian Traineeships and Apprenticeships Committee (TTAC) Policy 15, Minimum Requirements for Training Plans, visit the Skills Tasmania website at http://www.skills.tas.gov.au/__data/assets/pdf_file/0003/142680/TTAC_Policies_and_Guidelines_Dec_2016.pdf

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Continuing training after the student’s normal schooling period Where the training contract continues past the compulsory school period either part-time or full-time, the training contract will be automatically converted by Skills Tasmania and all parties to the training contract are notified of the new employment mode. If for any reason the employer and trainee/apprentice have changed their mind, or circumstances have changed, then their Apprenticeship Network Provider (ANP) must be contacted to amend or cancel the training contract. If the student leaves school prior to the end of the school year, the training contract cannot remain as school-based therefore, the nominated Apprenticeship Network Provider (ANP) must be advised to amend the employment mode of the training contract. Related policies and other relevant documents Tasmanian Traineeships and Apprenticeships Committee (TTAC) policies and guidelines; http://www.skills.tas.gov.au/__data/assets/pdf_file/0003/142680/TTAC_Policies_and_Guidelines_Dec_2016.pdf

Relevant legislation • Training and Workforce Development Act 2013

http://www.thelaw.tas.gov.au/tocview/index.w3p;cond=all;doc_id=10%2B%2B2013%2BAT%40EN%2B20170202000000;histon=;pdfauthverid=;prompt=;rec=;rtfauthverid=;term=training%20and%20workforce%20development%20act%202013;webauthverid=

• Education Act 1994 http://www.thelaw.tas.gov.au/tocview/index.w3p;cond=ALL;doc_id=86++1994+AT@EN+20060406140000;histon=;prompt=;rec=;term=education

• Youth Participation in Education and Training (Guaranteeing Futures) Act 2005 http://www.thelaw.tas.gov.au/tocview/index.w3p;cond=ALL;doc_id=86++1994+AT@EN+20060406140000;histon=;prompt=;rec=;term=education

• National Vocational Education and Training Regulator Act 2011

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https://www.legislation.gov.au/Details/C2011A00012 • Australian Qualifications Framework www.aqf.edu.au

Review date This policy is due for review in October 2017.

Contacts Skills Tasmania GPO Box 536, HOBART 7000 TAS Ph 03 6165 6055 www.skills.tas.gov.au

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Appendices

Appendix 1- Glossary

‘apprentice’ Apprentice means an employee who is described as an apprentice and is a party to a training contract that provide for the employee to undergo training leading to a qualification under the Australian Qualifications Framework.

‘Apprenticeship Network Provider (ANP) An organisation contracted by the Australian Government to provide information, administration services and support to employers, trainees and apprentices. They assist with signing of the training contract and also assess, approve and process payments of Australian Government incentives to eligible employers, trainees and apprentices. Refer to www.australianapprenticeships.gov.au/ ANPs are responsible for ensuring that the training contract and school-based training program outline are completed prior to lodgement with Skills Tasmania.

‘employer’ A person who is contractually bound to a worker - the employee - to give that worker money as a salary or wages, in exchange for ongoing work and for which the employer directs the work and exercises fundamental control over the work. (legal definition) Employer also includes a group training organisation for the purposes of traineeships and apprenticeships.

‘group training organisation’ (GTO) An organisation that employs trainees and apprentices under a training contract and places them with host employers. The GTO undertakes the employer responsibilities for the quality and continuity of the trainee’s or apprentice’s employment and training. Refer to www.skills.tas.gov.au/providers/gtos

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‘guardian’ A person who has the same rights, powers, duties, obligations and liabilities as a natural/legal guardian (the parent – see below) of the child would have, until the child reaches the age of 18 years. Parent(s) may designate who shall become the child’s legal guardian in the event of death. A guardian is required for trainees and apprentices until they attain the age of 18 years or the completion of the training contract, whichever occurs first.

‘home-schooled students’ Those students whose parent/guardian has been registered as a home school by the Department of Education. Home schooled children are eligible for school-based traineeships and apprenticeships providing all other requirements of the program have been met. The parent assumes the role and responsibility of the school.

‘host employer’ An employer who employs trainees and apprentices through group training arrangements.

‘parent’ A parent of a child (as defined in the Education Act 1994 section 3), is: ‘parent’ includes a guardian or other person having the care or control of a child’.

‘registered training organisation’ (RTO) Registered training organisations are required to meet national standards set by the Australian Skills Quality Authority (ASQA). For more information regarding ASQA visit their website at www.asqa.gov.au

‘school-based trainee/apprentice’ A full-time school student who is undertaking a school-based traineeship or apprenticeship in year 10, 11 or 12. (See TTAC Policy 12 – School based traineeships and apprenticeships)

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‘school endorsement form’The purpose of the school endorsement form is to ensure that the school of enrolment, for the proposed school-based apprenticeship/traineeship, is aware of the training contract prior to it being registered. The training contract will not be registered until the High School Principal/College Principal/Senior Staff Member has signed this endorsement form and is submitted to the administering Australian Network Provider (ANP). ‘trainee’ Trainee means an employee who, whether described as a trainee or otherwise, is a party to a training contract that provides for the employee to undergo training leading to a qualification, but does not include an employee described as an apprentice;

‘training contract’ A legally binding agreement between an employer and a trainee/apprentice (including their legal guardian if a child under 18 years of age), to undertake a traineeship or apprenticeship. The contract contains information such as the qualification, employer details, trainee/apprentice personal details, RTO, industrial arrangements, nominal term of the traineeship or apprenticeship and specifies employer, school-based trainee/apprentice and guardian obligations and responsibilities. ‘training plan’ The nominated RTO is responsible for developing a training plan in collaboration with the employer and school-based trainee/apprentice within two months of the commencement of the training contract. For more details about what the training plan should contain, visit the Skills Tasmania website and view the TTAC policies. TTAC Policy 10 specifies the training plan requirements: http://www.skills.tas.gov.au/__data/assets/pdf_file/0018/124380/TTAC__Policies_and_Guidelines_-_September_2015.pdf

‘training program outline’ The training program outline (TPO) forms part of the training contract. The TPO provides confirmation from the Registered Training Organisation that they will provide services to the employer and trainee/apprentice and further nominate the funding to support this training. The school-based TPO is also signed by the employer, school-based trainee/apprentice and parent/guardian. .....................................................................................................................................................................................................

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Acronyms ANP Apprenticeship Network Provider GTO Group Training Organisation RTO Registered Training Organisation VET Vocational Education and Training TCE Tasmanian Certificate of Education TPO Training program outlineSEF School Endorsement Form TTAC Tasmanian Traineeships and Apprenticeships Committee

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