GUIDE FOR
AUSTRALIAN APPRENTICESHIPS CENTRES
PART-TIME TRAINING
CONTRACTS
Background
The Tasmanian
Training Agreements Committee (TTAC) has a decision making role at two
stages in the approval of employment arrangements under a training contract.
At the time of approval of a qualification as suitable as an apprenticeship/traineeship
TTAC makes a determination about the conditions under which it may be
undertaken. This includes whether it can be undertaken on a part-time
basis. Qualifications can only be approved as apprenticeships/traineeships
if there is an appropriate industrial arrangement.
Once a training
contract is lodged TTAC has a decision making role to determine whether
an individual00 employment arrangement as stated on the training contract
meets the criteria outlined in the approval of the qualification as
an apprenticeship/traineeship.
TTAC Policy
No. 11 Employment Requirements for Training Contracts specifies
the following essential employment requirements for all training contracts.
Policy 11 specifies that a part-time training contract can only be approved by the Tasmanian Training Agreements Committee if the following additional criteria are met:
the apprenticeship/traineeship has been approved by TTAC to be undertaken on a part-time basis; the minimum number of hours of employment is 20 per week unless otherwise agreed by TTAC; the maximum term of the training contract is no more than twice the nominal full time duration for the qualification; the minimum term is no less that one and a half times the nominal full time duration for the qualification; Industrial arrangements must allow for part-time employment; and all other conditions specific to the pathways must be fulfilled.Differences between
part-time and casual employment
The difference
between part-time and casual employment appears to be
not well understood by employers and trainees.
The following
is Workplace Standards Tasmania00 definition of a casual employee:
Casual
00an employee who attends work on
an irregular basis, as and when required, by mutual
consent. Casual employees are usually paid a percentage loading
to compensate them for not being eligible to receive annual leave, sick
leave and paid holidays.
The Tasmanian
Department of Premier and Cabinet publication Employment and Industrial
Relations Basics, A guide for small business differentiates part-time
and casual employment as follows:
Part-time
employees are employed on a regular, continuing basis just like full-time
employees 00the only difference is they work less hours per week.
Casual employees may work less hours but are employed on an irregular
basis.
The publication
also notes that some awards may provide for part-time employees to be
paid a loading in lieu of leave entitlements and that what is termed
regular casual employment with a regular and predictable pattern
is not casual employment.
The Australian Department of
Employment and Workplace Relations on its internet site, Wagenet
states that:
Part-time continuing or
regular employees work fewer hours than full time employees doing the
same or similar job. Like full time employees that have a
continuing contract of employment of unspecified duration and they may
receive on a pro-rate basis the same award conditions as full time employees.
Casual employees are generally
engaged for short-term irregular or seasonal work. The essential feature
of casual work is that the employer and employee enter into a series
of short term contracts on specific occasions. There is no promise to
provide work or be available for work on other occasions00.Awards
can also prescribe the maximum period which someone can be employed
as a casual.
Why casual employees
can00 be trainees/apprentices
Casual employment
under a training contract is not likely to produce the desired training
outcome because:
Situations
where an employer cannot provide full-time work are already covered
by conditions for part-time training contracts.
DEST guidelines
preclude employer incentives being paid for casual employees.
A training
contract is not required for persons in the casual workforce to obtain
vocational education and training qualifications. Although Commonwealth
incentive payments are only available for those in approved training
contracts employers and individuals may undertake training on a fee
for service basis through registered training organisations. Publicly
funded training opportunities may also be available through the TAFE
Tasmania or the Tas Skills Program.
CHECKLIST
TO ASSIST AUSTRALIAN APPRENTICESHIPS CENTRES TO DETERMINE WHETHER A
TRAINING CONTRACT SHOULD BE SIGNED WHEN EMPLOYMENT IS NOT FULL-TIME
Version 2 (Doc No 678519) 3/12/2007 Page /4
