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Dealing with problems

Problems you may encounter

I don't have a training plan for my apprentice or trainee
Business is slow
The business is being sold
My apprentice or trainee is failing to make reasonable progress
I'm not happy with my supervising registered training organisation
I need to discipline my apprentice or trainee for misconduct
I need to suspend or cancel my apprentice or trainee for serious misconduct
I'm not happy with my Australian Apprenticeships Centre
Reviews complaints and appeals

I don't have a training plan for my apprentice or trainee

Every apprentice and trainee must have a training plan that outlines the training to be delivered by both the employer and the supervising registered training organisation. The training plan should be negotiated and signed during the apprentice's or trainee's probationary period (that is, during the first 90 days for apprentices, the first 30 days for trainees).

The parties to the training plan are the employer, apprentice or trainee, and the supervising registered training organisation. If the training plan is for a school-based apprentice or trainee, the apprentice or trainee's school will also be a party to the training plan.

If you don't have a signed training plan, and your apprentice's or trainee's probationary period is completed, you should talk to your supervising registered training organisation about the need to develop a training plan. Contact the Apprenticeships Info on 1800 210 210 for further advice and assistance.

For more information, read the fact sheet: Training plans - Minimum requirements.

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Business is slow

Should you be unable to provide the range of work required to train your apprentice or trainee, there are a number of options available:

if you are employing your apprentice or trainee through a group training organisation, contact the group training organisation to arrange placement for your apprentice or trainee with another employer;
you may be able to negotiate with your supervising registered training organisation for your apprentice or trainee to attend off-the-job training during the slow period
you and your apprentice or trainee can arrange for the apprentice or trainee to temporarily work with another employer to obtain training and experience in the apprenticeship or traineeship. Read the fact sheet to learn more about temporary transfer of an apprentice or trainee;
you can negotiate for your apprentice or trainee to take annual leave to cover the slow period;
you can apply for a temporary stand down of the apprentice or trainee until your capacity to train them improves. Temporary stand down is essentially unpaid leave and can include employing your apprentice or trainee for less than the full working week. The apprentice or trainee may also be able to do unrelated work in an alternative workplace during the stand down period. The maximum period of a stand down is 30 days, and stand downs must be approved by the Queensland Department of Education, Training and the Arts. Read the fact sheet to learn more about temporary stand down;
as a last resort, cancellation of the apprenticeship or traineeship may need to be considered.

It is recommended that you contact Apprenticeships Info on 1800 210 210 before pursuing any of the above options.

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The business is being sold

Your apprentice or trainee is contracted to you as the owner of your business. If you sell your business, your apprentice or trainee can have their training contract assigned to the new owner of the business, if the new owner agrees to continue to train the apprentice or trainee.

To assign the training contract to the new owner, you must advise the Queensland Department of Education, Training and the Arts of the new arrangements within 14 days of the transfer of the business. A Statutory assignment form [PDF 23.5kb] is available from the department for this purpose.

You will also need to contact your Australian Apprenticeships Centre in order that they may make changes to their internal records.

Read the fact sheet to learn more about transferring the training contract when a business is sold.

Where the new owner does not agree to continue training your apprentice or trainee you may need to arrange for the training contract to be cancelled.

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My apprentice or trainee is failing to make reasonable progress

A training plan must exist for each apprentice or trainee and detail, among other things, the competencies to be achieved during the apprenticeship or traineeship and the milestones for achieving those competencies. The training record documents the apprentice's or trainee's progress towards achievement of competencies and should be based on the agreed content of the training plan.

The parties to the training contract are required to choose a registered training organisation to supervise training during the apprenticeship or traineeship. The supervising registered training organisation is responsible for ensuring that the training required to be delivered under the apprentice's or trainee's training plan is delivered to the apprentice or trainee.

If your apprentice or trainee fails to achieve a particular competence by the date scheduled in the training plan, the supervising registered training organisation must work with you and your apprentice or trainee to negotiate a strategy to assist the apprentice or trainee to continue to successful completion of the apprenticeship or traineeship. The strategy could involve, for example, extra tuition and assessment, broader workplace experience, or rescheduling the timetable for achieving particular competencies to align them with a time when workplace experience in those competencies will be available. You and your apprentice or trainee and your supervising registered training organisation will need to review the training plan and amend it if necessary.

If the agreed strategy proves unsuccessful and you decide the apprentice or trainee is failing to make reasonable progress in the apprenticeship or traineeship overall, or if the training cannot be completed within the nominal term of the training contract, you must notify the Department of Education, Training and the Arts of this event in writing within 14 days. The department will then take appropriate action. A number of avenues are open to the department, such as imposing a fine on an apprentice or trainee who fails to make reasonable progress in training for the apprenticeship or traineeship because of their deliberate neglect or default. Before taking any such action, however, the department will give the parties the opportunity to comment on issues raised in the investigation, as part of the decision-making process.

For more information, see the fact sheet on failure to make reasonable progress in an apprenticeship or traineeship.

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I'm not happy with my supervising registered training organisation

Every apprentice and trainee must have a supervising registered training organisation that will work with you to provide facilities, services, supervision and the training required under the training plan.

The supervising registered training organisation must carry out a wide range of duties, including:

providing induction information
negotiating the training plan
maintaining the training record
ensuring quality training is provided to the apprentice or trainee.

Read the fact sheet for more information on the responsibilities of supervising registered training organisations.

You and your apprentice or trainee may replace your supervising registered training organisation. For more information, read the fact sheet on replacement of a supervising registered training organisation.

A supervising registered training organisation that fails to fulfill its obligations should be reported to the Department of Education, Training and the Arts. Before lodging a complaint, however, you should try to resolve the matter through the training organisation's internal grievance or appeals process. Ask for a copy of the supervising registered training organisation's policies and procedures.

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I need to discipline my apprentice or trainee for misconduct

If your apprentice or trainee does not do the right thing, you can do something about it.

You should contact the Department of Education, Training and the Arts on 1800 210 210 before disciplinary action is taken if your apprentice or trainee:

fails to carry out a reasonable and lawful instruction consistent with the training contract obligations
is absent from work without approval
fails to attend training required under the training plan
does not participate in training provided under the training plan
does not keep a training record, or fails to produce the training record on request
makes unsatisfactory progress in their training
causes serious damage, or risk of serious damage, to your business or business reputation.

Depending on the situation, a range of actions may be taken by the department, including:

a reprimand
a fine
written direction to comply with the training contract
suspension without pay
cancellation of the training contract.

Read the fact sheets on Discpline and Fair Procedures to learn more about the range of discplinary action that may be taken by the department.

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I need to suspend or cancel my apprentice or trainee for serious misconduct

An employer who has a training contract with an apprentice or trainee may immediately suspend the training contract for one day if the apprentice or trainee engages in serious misconduct and, because of that misconduct, the employer decides it is unreasonable to continue training the apprentice or trainee at that time.

The Vocational Education, Training and Employment Act 2000 defines serious misconduct as:

theft, assault, fraud
being under the influence of drugs or alcohol at work
at work, causing imminent risk of serious bodily injury or work caused illness or a dangerous event occurring
behaving at work in a way that is inconsistent with the continuation of a registered training contract.

It is advisable that, before you take action to suspend an apprentice or trainee for serious misconduct, you contact your local office of the Queensland Department of Education, Training and the Arts through Apprenticeships Info on 1800 210 210 to discuss the matter. The process for managing suspension and cancellation for serious misconduct requires that specified actions must be taken.

The Training and Employment Recognition Council or its delegate may confirm or refuse to confirm the suspension, and/or cancel or refuse to cancel the training contract.

Read the fact sheet to learn more about the specific actions required in the case of suspension and cancellation for serious misconduct.

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I'm not happy with my Australian Apprenticeships Centre

Australian Apprenticeships Centres are required to fulfill a number of responsibilities as part of their contract with the Commonwealth Government, including:

providing general information on apprenticeships and traineeships
providing information on available registered training organisations
helping you complete and lodge the training contract
providing advice on your eligibility for Commonwealth Government incentives and allowances
making regular contact with you and your apprentice or trainee to check on the progress of training.

If you wish to make a complaint about your Australian Apprenticeships Centre, contact Apprenticeships Info on 1800 210 210.

For answers for further questions you may have, visit the frequently asked questions for business and employers.

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Review, complaints and appeals

If you disagree with a decision made by the Queensland Department of Education, Training and the Arts on any apprenticeship or traineeship matter, you can: