For an apprenticeship or traineeship to be legal in NSW, the Employer and the Apprentice/Trainee must sign a Training Contract and have it approved by Training Services NSW.
The Training Contract is a legally binding agreement between the Employer, the Registered Training Organisation (RTO), and the Apprentice or Trainee that outlines:
- Each Party’s responsibilities in the apprenticeship and traineeship
- What qualification the apprentice or trainee will get
- Which Registered Training Organisation (RTO) is delivering the training
- Employment Arrangements and Industrial Award
- How long the apprenticeship or traineeship period is
If the Apprentice/Trainee is under the age of eighteen (18) years, a parent or guardian will also need to sign the Training Contract.
A Training Contract must be submitted to Training Services NSW within 28 days of a person starting employment as an apprentice or trainee.
The completion and submission of the training contract will be coordinated through an Australian Apprenticeship Support Network Provider (AASN).
On receipt of the Training Contract, Training Services NSW will undertake an assessment and either approve or refuse the application.
If the application is rejected the following options will be available:
- Resubmit a new application.
- Request a review.
- Appeal the decision.