Advice and Instructions

Part-Time Traineeships Access Using a Part-Time Work Agreement

Issued: 2 January 2002

Advice has been received from the NSW Department of Industrial Relations that, in the absence of part-time traineeship provisions in the relevant State Training Award a part-time Work Agreement (PTWA) can be utilised as an appropriate industrial instrument to support the establishment of a part-time traineeship.

Accordingly, an employers and their trainee may enter into a PTWA to undertake part-time traineeships in awards which have not yet been amended to include part-time traineeship provisions eg, Restaurant, Kindergarten employees.

Note: A PTWA can only be used for part-time traineeships where the current state award has full-time traineeship provisions but none for part-time traineeships.

What information does DET require on lodgement of the traineeship application?

• That it is under a state award. This may be a State Training Wage Award (STWA), but may also be a state award without traineeship rates.
• The parent state award or STWA under which training is proposed.
• That a PTWA is to be used.
• That it complies with the requirements of the NSW Industrial Relations Act 1996 and the minimum safety net conditions of the NSW Industrial Relations Commission.
• That a copy of the PTWA, as submitted (or as proposed to be submitted) to the NSW Industrial Registrar, is lodged with the application form (TC).
• That where the employer has not previously lodged a copy of the PTWA with the NSW Industrial Registrar, an undertaking that they will do so within one (1) month of the date upon which the PTWA was made.
• On the application form it should show for example:

STWA-NSW Restaurant Employees Award and, that a PTWA has been agreed and lodged as required.

Important:
The above advice is to provide employers and trainees with information about accessing part-time traineeship arrangements. However, employers and trainees who propose to enter into employment-based training arrangements should be aware that they should seek appropriate advice from the relevant employer or employee (union) industrial association and/or Commonwealth or State Government industrial authority.

Industrial Relations advice on PTWA’s is available at: http://www.industrialrelations.nsw.gov.au/rights/employer/relation/parttime.html

Note:

• Part-time work agreements can be used where a NSW parent award allows full time traineeships but there are no part-time traineeship provisions.
• Provisions in the PTWA should pro rata the full time conditions.