Changing the way apprenticeships and traineeships are regulated

The new laws will introduce the following changes:

• The body responsible for regulating apprenticeships and traineeships will change from the Victorian Registration and Qualifications Authority to Workforce Inspectorate Victoria.
• Employers will need a licence before they can enter into a training contract with an apprentice or trainee. To get a licence, employers will need to show they are suitable to take on an apprentice or trainee.
• The Workforce Inspectorate Victoria will have more compliance and enforcement powers. As the regulator, they will take quick and proportionate action if there is a risk of harm to an apprentice or trainee.
• A new set of standards for employers, including an additional standard for labour hire providers. These will provide clarity to employers on their role and responsibilities.
• Greater information sharing between Workforce Inspectorate Victoria and other regulators. This will improve how risks to apprentice and trainee safety are identified and responded to.

Under the new laws, the Victorian Government can develop a range of regulations that provide the detail for how the changes will be implemented. The regulations include:

• Six new employer standards relating to matters such as supervision and resolving complaints.
• An additional employer standard for labour hire providers. This is because there is a host employer responsible for supervising the apprentice or trainee on a day-to-day basis.
• Infringements and penalties for certain offences.
• Conditions that can be placed on an employer’s licence. This is an important mechanism to improve regulatory oversight and manage risk of harm to workers.
• Notification requirements for training providers including TAFEs to notify the Workforce Inspectorate Victoria about certain risks or concerns about an employer. This is intended to promote safety of apprentices and trainees and improve the quality of the training.

The new laws will improve safety and the quality of training for apprentices and trainees.

There will be some changes to the way training plans are managed. Training providers and employers are responsible for ensuring training plans meet the new requirements.

Apprentices and trainees can contact the Apprentice Helpdesk if they have any concerns about their training contract, or any other queries about their training.

Employers will need a licence before they can enter into a training contract with apprentices and trainees. This replaces the current arrangement, where an employer must be approved before entering into a training contract.

To get a licence, employers will need to show they are suitable to take on an apprentice or trainee. Employers will need to renew their licence every year. This will ensure the Workforce Inspectorate Victoria has ongoing oversight of the safety of apprentices and trainees, and of the quality of their training.

There will be a new set of standards for employers. These will provide clarity to employers on their role and responsibilities. They cover important things like:

• apprentice and trainee induction
• training, work and support
• supervision
• access to facilities and equipment
• making and resolving complaints.

The Workforce Inspectorate Victoria will support employers to meet their responsibilities.

The new laws will change how training plans are managed and overseen by the Workforce Inspectorate Victoria. These changes will affect training providers, including TAFEs.

Apprentices and trainees will continue to set their training plans with their employer and training provider. Training plans will include minimum requirements including:

• the vocation for the apprenticeship or traineeship
• details of the training course that the apprentice or trainee is enrolled in
• details of the employment-based training to be provided by the employer
• details of the knowledge and skills required to complete the apprenticeship or traineeship
• details of when the training provider must assess the skills of the apprentice or trainee.

The Workforce Inspectorate Victoria may ask for a copy of the plan to ensure requirements are being met.

The role of Apprentice Connect Australia Providers is to be a contact point between employers and apprentices. This will not change under the new laws.

Apprentices and trainees who are employed by a labour hire provider usually work with a ‘host’ employer. This creates a risk of limited or no oversight by the labour hire provider.

To address this, labour hire providers will need to comply with the new employer standards, including the additional standard for labour hire providers. Workforce Inspectorate Victoria may also impose more licence conditions on labour hire providers.

Group Training Organisations are a subset of labour hire providers. They have a specific focus on apprentices and trainees.

Under the new laws, Group Training Organisation must be registered with Workforce Inspectorate Victoria. They will also need to continue to comply with the National Standards for Group Training Organisations. It will be an offence for organisations to advertise they are a Group Training Organisation if they are not registered.