Apprentice training costs
Federal system employers under the Electrical, Electronic and Communications Contracting Award 2020 are required to pay directly or reimburse their employed apprentice’s training fees.
An apprentice who is attending training through a technical college, RTO or TAFE organisation is entitled to have their training costs reimbursed by their employer (or paid directly if preferred by the employer). This reimbursement must be made either within 6 months of the commencement of the apprenticeship or stage of apprenticeship, or within 3 months of the RTO commencing the training, whichever is the later.
This obligation includes payment of the training fees and the costs associated with the required textbooks. If an employer provides access to or loan of the required textbooks through the employer’s technical library, then there is no requirement to pay for the apprentice to purchase their own copies of these texts.
Employers are not required to pay training costs where the apprentice is making unsatisfactory progress. The Fair Work Ombudsman’s guidance on unsatisfactory progress makes it clear that this exception is not enlivened simply by an apprentice failing to pass a test, class or portion of their apprenticeship. Instead, the guidance focuses on the level of engagement and commitment to the apprenticeship and gives examples of an apprentice not engaging in classes, demonstrating poor effort in their apprenticeship, and this being the cause of not passing their assessments. This pattern of conduct relates to their engagement with their apprenticeship rather than their success at any given task or test.
Where there are concerns about an apprentice’s engagement with their apprenticeship, these should be raised at an early stage, prior to reaching the stage where training costs may not be paid in order to reduce the risk of disputes.
Disclaimer: These summaries are a guide only and are not legal advice. For more information, call ECA Legal on 6241 6129 or email ecalegal@ecawa.org.au.
