Training Contract and registration

For an apprenticeship or traineeship to be legal in NSW, the employer and apprentice/trainee must sign a Training Contract and get it approved. Here’s how it works.

To get it registered and legal

To register an apprenticeship or traineeship, follow the process and deadlines below including:

• organising a Training Contract with an Apprentice Connect Australia Provider
• signing it with your apprentice or trainee
• lodging it through an Apprentice Connect Australia Provider
• getting it approved by Training Services NSW.

What’s a Training Contract

The Training Contract is a legally binding agreement between employer, and apprentice or trainee.

The Training Contract 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 training period is.

Employer information in the Training Contract includes:

• Your details including legal name, ABN, Trading name, contact details, industry
• Your responsibilities including:
  • Making sure the apprentice and trainee is clear on choices they have regarding training
  • Providing the right facilities and experienced people to train, supervise and support the apprentice/trainee.
  • Working with the RTO and apprentice/trainee according to the Training Plan
  • Allowing the apprentice or trainee time off work with pay to attend formal training and assessment
  • Providing work relevant to the vocation and achievement of the qualification
  • Providing appropriate wages and conditions.

  Organising a Training Contract

  Meeting the deadlines

  You must submit the Training Contract to Training Services NSW:

  • within 28 days of the person starting employment as an apprentice or trainee.

  To meet this deadline, do the following as soon as you can.

  • Contact an Apprentice Connect Australia Provider who provide a free service to help you establish apprenticeships and traineeships.
  • The Apprentice Connect Australia Provider will work with you on getting the right Training Contract for you and your apprentice or trainee.

  Completing and submitting the paperwork

  The Apprentice Connect Australia Provider will lodge the contract to Training Services NSW on your behalf.

  • you’ve provided correct information
  • both you and the apprentice/trainee have reviewed, completed and signed the contract
  • you both have a copy of the contract.

  If you don't lodge a training contract application within 28 days of the apprentice or trainee starting employment:

  • you must provide reasons for late application and supporting documents when required by the Apprentice Connect Australia Provider.

  How it’s assessed

  When assessing the contract, Training Services NSW will consider if:

  • (you) the employer can meet the contract requirements
  • the qualification is appropriate for the intended occupation
  • the training supervisor has appropriate qualifications, knowledge and skills
  • the premises, equipment/ methods are appropriate to the work and training
  • other relevant information.

  Training Services NSW may contact you or the Apprentice Connect Australia Provider to get further information.

  Find out if it's approved

  After the assessment, Training Services NSW will approve or refuse the application. We'll notify you and your apprentice/trainee in writing.

  What happens if rejected

  • You can submit a new one
  • You can request a review
  • If you're not satisfied after the review, you can appeal. See Appeals and reviews for how to do this.

  Duration of the contract

  From when?

  The Training Contract is binding for employer and apprentice/trainee from either

  • the time the employer is notified the establishment of the apprenticeship has been approved OR
  • from the end of the probationary period, whichever is later.

  Note that training can still count towards the qualification, even if it takes place before the Training Contract commenced. Training can start from when the apprentice or trainee is employed.

  Until when?

  The Training Contract is binding until the end of the traineeship or apprenticeship - see Completing an apprenticeship or traineeship.

  Changing the contract

  You can apply to alter the term of the Training Contract. For example, to recognise current skills or qualifications – or if more time is required.