INDUSTRY ADVICE – STATUS REPORT

Issue / 6.1 Examining the possibility of training contracts for casual employees
Origin / Regional Industry Forum
Status / Issue logged
Issue description / TTAC policy 11 (Employment Requirements for Training Contracts) states at 11.105 that a training contract can only be approved by TTAC if there is an employment arrangement that is not casual. Employers must be able to guarantee ongoing employment for the duration of the training contract and provide a regular pattern of work that enables training to be planned and implemented according to a training plan.National harmonisation may be jeopardised by allowing casual staff to enter into training contracts as no other state/territory allows casual apprentices or trainees. Casual staff may enter into training contracts provided they cease to be casually employed for the duration of the training contract. Some staff identifying as casual staff are not actually casually employed. Defining the meaning of 'casual' has been difficult as the FWO have stated that being in receipt of loading and not having access to paid leave means the staff member is casual however two industrial law experts have challenged this definition.
Preferred outcomes /
  • If long-term employees wish to enter into training contracts AND there is a guarantee of employment for the duration of the training contract, a regular pattern of work, paid training time, consistently meeting the minimum hours as nominated in the training contract and can meet all other TTAC policies/guidelines and the obligations of the training contract, there would appear to be little risk in approving a training contract.
  • Another option is for casual staff to be employed through a group training organisation which would provide flexibility to employers regarding long term employment commitments if ongoing work cannot be guaranteed.
  • Group training arrangements may also be a viable option for seasonal workers where an employer cannot provide ongoing employment for the duration of the training contract. GTOs could be used to overcome this issue by having a range of host employers who could provide continuity of employment in a range of related industries such as fruit growing, viticulture and aquaculture. The possibility of a training package qualification such as the Certificate III in Agriculture may have the flexibility to cover a range of industries such as these mentioned above.

Action /
  • Engage with GTOs to make them aware of opportunities in markets that are not currently being serviced by the GTO network.
  • Encourage GTOs to engage with industries, including industry associations to seek out new markets and to also look at more flexible options to develop new business opportunities.

Last updated / June 2014