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Trainees and Apprentices Procedure

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Section 1 - Purpose and Scope

(1) This Procedure outlines traineeship and apprenticeship provisions at The University of Queensland (UQ), in accordance with the traineeship and apprenticeship provisions specified in the Enterprise Agreement and the Further Education and Training Act 2014 (Qld) (FET Act).

(2) This Procedure applies to persons employed by UQ to undertake a traineeship or an apprenticeship. 

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Section 2 - Process and Key Controls

(3) Traineeships and apprenticeships are based on the relevant Modern Award, and the Higher Education Industry-General Staff- Award 2020 (Award). Provisions must be applied in accordance with the Enterprise Agreement and the intent of the Award.

(4) Proposals for employment under this Procedure should be referred to the Human Resources Division to assess and recommend to the appropriate Authorised Officer for appointment.

(5) Existing staff are not to be displaced from employment by trainees or apprentices.

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Section 3 - Key Requirements

Part A - Traineeships

Training Conditions

(6) A trainee must:

  1. attend an approved training course or training program with an acceptable Training Provider as prescribed in the training contract or Traineeship Scheme; and
  2. not commence with UQ until the relevant training contract has been signed by UQ and the trainee and lodged for registration with the relevant State or Territory Training Authority.

(7) UQ will:

  1. ensure the trainee is permitted to attend the training course or program provided for in the training contract;
  2. enter into a training plan with the trainee and training organisation, and provide the trainee with the facilities, range of work, supervision and training in accordance with the training plan during the traineeship period; and
  3. ensure that the trainee receives appropriate on-the-job training.

(8) The provisions of the relevant State and Territory legislation dealing with the monitoring by officers of the relevant State or Territory Training Authority and the use of training records or workbooks as part of this monitoring process will apply to traineeships.

Traineeships Employment Conditions

Duration

(9) A full-time trainee will be engaged for a nominal term of one year’s duration, except in respect of AQF III and AQF IV traineeships which may extend up to two years full time. The nominal term for a part-time traineeship is double the nominal term for a full-time traineeship.

(10) Trainees will be employed on a fixed-term basis in accordance with the Enterprise Agreement.

(11) By agreement in writing, and with the consent of the relevant State or Territory Training Authority, UQ and the trainee may vary the duration of the traineeship and the extent of approved training, provided that any agreement to vary is in accordance with the relevant traineeship scheme.

Probation

(12) The period of probation for a traineeship is determined by the relevant State or Territory Training Authority and will depend on the length of the nominal term as follows:

  1. a nominal term equal to or less than 24 months shall have a 60 day probation period; and
  2. a nominal term greater than 24 months shall be subject to a 90 day probation period.

(13) The parties to the training contract may apply to the relevant State or Territory Training Authority to extend the probationary period for the trainee.

Hours of Work

(14) A trainee is entitled to be released from work without loss of continuity of employment and/or wages to attend the approved training, subject to the provisions in the Award.

(15) The time a trainee spends in approved training is to be included in the hours of work.

(16) A part-time trainee may, by agreement with UQ and relevant State or Territory Training Authority, move (or change) to a full-time traineeship. All provisions relating to a full-time trainee will apply from the date of approval.

Wages

(17) The minimum wage payable to trainees will be as provided in the Award and in accordance with clauses 9 to 27 of this Procedure and will only apply while undertaking an approved traineeship.

(18) Where the approved training for a traineeship is provided off-the-job by a registered training organisation, for example at school or at TAFE, the rates will apply only to the total hours worked by the part-time trainee on-the-job.

(19) Where a person was employed by UQ immediately prior to becoming a trainee with UQ, such person will not suffer a reduction in the rate of pay by virtue of becoming a trainee.

Overtime and Shiftwork

(20) Reasonable overtime and/or shiftwork may be worked by the trainee provided that it does not affect the successful completion of the approved training.

(21) A trainee cannot:

  1. work overtime or shiftwork on their own unless consistent with the provisions of the training contract; or
  2. undertake shiftwork unless the shiftwork makes satisfactory provision for approved training. Such training may be applied over a cycle in excess of a week but must average over the relevant period no less than the amount of training required for non-shiftwork trainees.

(22) The trainee wage will be the basis for the calculation of overtime and/or shift penalty rates, unless UQ and the trainee agree in writing that the trainee will be paid at a higher rate, in which case the higher rate will apply.

Other Employment Conditions

(23) A part-time trainee will receive all employment conditions applicable to a full-time trainee on a pro-rata basis.

(24) Any trainee who fails to either complete the traineeship or who cannot for any reason be placed in full-time employment at UQ on successful completion of the traineeship is not entitled to any severance payments payable pursuant to termination, change and redundancy provisions or provisions similar thereto.

(25) Where the trainee completes their qualification earlier than the time specified in the training contract, the traineeship may be concluded early by mutual agreement as set out in the training agreement.

(26) Termination of employment of trainees is dealt with in the training contract, or in the FET Act. UQ must provide written notice to the trainee at the time the action is commenced.

(27) Where UQ continues the employment of a trainee after the completion of the traineeship period, the traineeship period will be counted as service for the purposes of any relevant entitlements, subject to the conditions in the relevant policy and/or procedures.

Part B - Apprenticeships

(28) Apprentices and UQ are subject to the provisions of the formal indenture arrangements entered into for each apprenticeship.

(29) Apprentices:

  1. must be employed on a fixed-term basis in accordance with the Enterprise Agreement; and
  2. are subject to a probationary period of 90 days (three months).

Wages

(30) An apprentice is to be paid in accordance with the rates of pay as prescribed in the Enterprise Agreement.

Part C - Dispute Settlement

(31) Trainees and Apprentices can seek to resolve disputes through relevant provisions in the Enterprise Agreement.

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Section 4 - Roles, Responsibilities and Accountabilities

Role Actions
Authorised Officers • Assess proposals for Trainee and Apprenticeship engagements.

• Approve the engagement of Trainees and Apprentices.

• Ensure that Trainees and Apprentices are provided with the facilities, range of work, supervision and training in accordance with the training plan, and training contract.

• Ensure compliance with the relevant training contract and training plan.
Supervisors • Provide induction and information about local standard operating procedures, UQ policies and procedures, and workplace health and safety requirements relevant to the duties.

• Directly supervise Trainees and Apprentices appointed in their Organisational Unit.

• Ensure that the trainee receives appropriate on-the-job training in accordance with the training plan.

• Update the training record at reasonable intervals of not more than 3 months.
Trainees and Apprentices • Participate in all on the job training provided by UQ.

• Ensure compliance with the training contract and training plan.
Human Resources Division (HR) • Process and lodge the relevant training contract and training plan with the State or Territory Training Authority.

• Provide advice and assistance to Organisational Units.
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Section 5 - Monitoring, Review and Assurance

(32) The Chief Human Resources Officer is responsible for continuous monitoring of the effectiveness, application and improvement of this Procedure.

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Section 6 - Recording and Reporting

(33) Recording and reporting are completed in accordance with legislative and UQ requirements.

(34) The Human Resources Division will maintain records of trainees and apprentices in accordance with UQ's Information Management Policy and Privacy Management Policy.

(35) All transactions, activities and approvals are recorded via UQ’s HCMS.

(36) UQ will notify the Registered Training Organisation (or relevant State or Territory Training Authority) when certain events occur, such as:

  1. agreement by the parties to amend or cancel the training plan;
  2. deciding that the apprentice or trainee is unlikely to meet the requirements of their training plan; and/or
  3. if the apprenticeship or traineeship will not be completed within the nominal term and an extension is required.
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Section 7 - Appendix

Definitions

Term Definition
FET Act Further Education and Training Act 2014 (Qld)
Apprentice or Trainee Staff member employed pursuant to an apprenticeship or traineeship approved by the relevant State or Federal Training Authority.
Australian Qualifications Framework (AQF) National framework for qualifications in post-compulsory education and training.
Authorised Officer The officer authorised to exercise the relevant Human Resources (HR) power or function in accordance with the Human Resources Sub-delegations Instrument.
Award Higher Education Industry-General Staff-Award 2020.
Enterprise Agreement The University of Queensland Enterprise Agreement 2021-2026, or as amended or replaced.
Traineeship or Apprenticeship Formal training arrangement between UQ and a staff member which leads to an AQF certificate level qualification.
Traineeship Scheme Traineeship approved by the relevant State or Territory Training Authority, which is applicable to a group or class of staff or to an industry or sector of an industry or an enterprise.
Relevant State or Territory Training Authority The bodies in the relevant State or Territory which exercise approval powers in relation to traineeships and register training contracts under the relevant State or Territory vocational education and training legislation.
Registered Training Organisation A training provider and assessor of nationally recognised training that have been registered by the Australian Skills Quality Authority (ASQA) or relevant State or Territory Authority.