Apprentices and Trainees
What the IRC does for apprentices/trainees and their employer
Under the Training and Skills Development Act 2008 (the "TSD Act") the IRC assists apprentices/trainees and their employer with the following issues:
- Disputes between parties to a training contract;
- Grievances by one party to the training contract about the conduct of the other party to the training contract;
- The suspension of an apprentice or trainee on the grounds of serious and wilful misconduct. (Only the employer can refer these matters to the IRC and must do so immediately and then in writing within 3 days of the suspension.);
- A challenge by an employer to a compliance notice issued by the Training and Skills Commission on the grounds that it has complied with the compliance notice;
- A challenge by an employee to a compliance notice issued by the Training and Skills Commission on the basis that the employer’s failure to comply with the TSD Act is more extensive than that stated in the compliance notice.
What is the procedure?
The IRC has produced an information booklet Guide to Applications under the Training & Skills Development Act 2008 about these matters.
Should the matter not be resolved by conciliation and proceeds to the next stage of arbitration, there is a second guide, Guide to Hearings under the Training & Skills Development Act 2008.
Forms
To notify the IRC of a dispute or grievance, either the apprentice/trainee or the employer should complete the form "Application in Respect to a Dispute or Grievance Relating to a Training Contract".
The IRC will provide the respondent to the application with the form "Response to Application Relating to a Dispute or Grievance Between Parties to a Training Contract". The respondent must then complete it and send it to the IRC within 7 days. The IRC will send a copy of the completed form to the applicant.
To ask the IRC to review a compliance issued by the Training and Skills Commission, either the apprentice/trainee or the employer should complete the form "Application for Review of a Compliance Notice".
There is no specific form for an employer to notify the IRC that it has suspended an apprentice/trainee for wilful and serious misconduct. The employer is required to telephone the IRC immediately (tel: (08) 8207 0999) and advise the following details:
- The name and contact details of the apprentice/trainee suspended;
- The employer’s legal or trading name and the name; and
- The details of the contact person for the employer.
- Date and time the suspension took effect.
Within 3 days of the suspension the employer must confirm this advice in writing (to the address shown below), and at that time provide the following details:
- Confirm the details already advised;
- Provide the date of birth of the apprentice/trainee suspended;
- Provide the training contract id number of the apprentice/trainee suspended; and
- Include a summary of the alleged misconduct.
Contacting the IRC
Deliver, post, fax or email completed forms (and any attachments) to:
Street address:
Level 6, Riverside Centre
North Terrace, Adelaide
Postal address:
PO Box 8046
Station Arcade SA 5000
Telephone: 8207 0999
Fax: 8207 0995
Email Address: IndustrialTribunals@sa.gov.au
Office hours: 8.30 am - 5.00 pm
FOR FURTHER INFORMATION OR ADVICE:
Traineeship and Apprenticeship Services
Traineeship and Apprenticeship Services works under delegation from the Training and Skill Commission and is responsible for regulating South Australia's traineeship and apprenticeship system. Their consultants can be contacted during office hours for advice and guidance (FREECALL: 1800 673 097). Visit their website for more information:
http://www.tasc.sa.gov.au/
Training Advocate
The Training Advocate aims to assist students (including apprentices and trainees), employers, employees, trainers, training providers and others involved in the vocational education and training system in South Australia. If you are participating in training and believe you are being unfairly treated or that the training is not satisfactory, you can contact the Training Advocate who will help you.
55 Currie Street, Adelaide
GPO Box 1152, Adelaide SA 5001
Tel: 1800 006 488
http://www.trainingadvocate.sa.gov.au/
