Group Training Organisations (GTOs) recognise that integrated employment and training is fundamental to the achievement of a quality learning experience for an apprentice/trainee. Continuous employment as an apprentice/trainee is an objective of all GTOs, nevertheless, occasions will occur when an apprentice/trainee cannot be gainfully employed. GTOs are committed to assisting apprentices/trainees towards completion of their contract of training and recognise that down time can be a difficult experience for an apprentice/trainee.
Introduction
The process and the conditions outlined here only become operative when an apprentice/trainee has been returned to a GTO due to the host employer no longer being able to provide sufficient or suitable work, and there is no immediate alternative host placement. Establishment of this fact is pivotal to the application of this policy.
The protocol does not apply to situations where apprentices/trainees are returned to a GTO because of issues relating to:
- Poor performance
- Dissatisfaction with the line of work or
- Unsatisfactory progress with structured off-the-job training.
The protocol may apply where apprentices/trainees, through no fault of their own, have been placed in workplaces which can be proven to be inappropriate.
The down time entitlement will be paid, where required, to a maximum of one third of the GTOs apprentices/trainees in any one calendar year. This figure will be based on the number of apprentices/trainees enrolled at 1 January of the year in which the down time occurs.
When implementing this policy GTOs should be aware of additional requirements which may exist through the operation of industrial awards or other agreements.
Procedure to be followed in respect of Down Time
1. A representative of the GTO will visit the host employer and apprentice/trainee, within 5 days of being notified that ongoing work is unavailable, and establish the reasons the apprentice/trainee will be out of work.
2. That person will:
- Conduct competency appraisal of the apprentice/trainee’s work
- Conduct appraisal of the host employers on-the-job training
- Investigate capacity for part time option
- Identify the probability of future work being available, and
- Investigate capacity for subsidised placement.
3. Within 5 days of the GTO being notified that ongoing work with the particular host employer is unavailable, the apprentice/trainee is to be counselled by the GTO about down time and advised of options, including the provision of appropriate support and documentation.
4. The documentation shall include:
- Nomination of GTO contact
- Agreement on schedule and mode of contacts between the GTO and the apprentice/trainee
- Program for the apprentice/trainee to assist with finding work
- Sourcing newspapers, Job Network and other avenues
- Registering the apprentice/trainee on GTA Vic’s internet vacancy register, and
- Advice on additional support programs and resources.
5. Where possible arrangement will be made to bring forward any trade schooling that is to be completed.
6. Discussion of part time options may provide alternatives pending finding full time placement. This might be done instead of or in conjunction with the use of the down time entitlement.
7. The apprentice/trainee may, by agreement take any outstanding annual leave that is due. It should be noted that an apprentice/trainee does have an entitlement to paid leave under the downtime policy even if annual leave benefits have not been exhausted.
8. Where the down time option becomes operative the apprentice/trainee will be entitled to a maximum of ten days paid down time per year. The entitlement should not exceed 3 days for any one month.
9. Where appropriate and agreed, GTOs may seek Office of Training and Tertiary Education (OTTE) approval for the apprentice/trainee to work interstate, subject to there being no loss of entitlements or provisions to the apprentice/trainee.
10. Where an apprentice/trainee has used all entitlements and alternatives have been exhausted, a request for suspension must be registered with OTTE by completion of the form ‘Application for approval to suspend a training contract’. This form is to be lodged by the GTO with a Australian Apprenticeships Centre. Whilst clearly preferable that the apprentice/trainee has signed this form, the GTO is able to seek a suspension under Section 59(2) of the Vocational and Education Training Act 1990, without the apprentice/trainee’s consent.
11. When the training contract has been suspended, the GTO will assist the apprentice/trainee to obtain any benefits to which they may be entitled and will provide advice to the apprentice/trainee on the following:
- Maintaining contact with the GTO
- The suspension process and the reasons for the suspension
- The proposed length of time that the suspension is to occur and the possibility of an extension should no work be found
- Instructions to contact the off-the-job training provider concerning options for the continuation of training whilst on suspension
- That they can find work for themselves outside of their vocation during the suspension period but must advise the GTO, and
- The processes for finding alternative employment and how to transfer the contract of training.
Exceptional Circumstance
The objectives sought in application of this policy are:
- Ensuring the fair and equitable treatment of the apprentices/trainee’s entitlements under the contract of training and the contract of employment
- That all reasonable effort is engaged to enable successful completion of the contract of training, and
- Investigate capacity for part time option
- The existence of GTOs is not jeopardised as a result of this policy.
Where there is evidence that the viability of a GTO is threatened by the operation of this policy, approaches may be made to GTA Vic and OTTE to consider the exceptional circumstances applying and an exemption to this policy, for a defined period, may be granted.
| Policies & Procedures - Down Time Policy |
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