Frequently Asked Questions

Existing Worker Traineeship >> Questions

Q1 ) I understand that Existing Worker Traineeships are available under the new Apprenticeship and Traineeship Act 2001. Will there be incentives to employers to encourage this?

Q2 ) An employer did not advise me that all the "new" trainees I signed up for him were, in fact, Existing Worker Trainees (EWTs). He has already been paid incentives and the registered training organisation (RTO) received their first payment. How can I resolve this?

Q3 ) If a person is casually employed for say, 4 months and during this period worked 38 hours each and every week of the 4 months, is he/she regarded as existing worker?

Q4 ) Are participants in the Commonwealth's Community Development Employment Programme (CDEP) considered as existing workers and thus ineligible for incentives applicable to New Entrant Trainees?

Q5 ) Should an "existing worker" wish to commence an apprenticeship, will the NSW Department of Education and Training approve such an application and what are the eligibility requirements for Commonwealth New Apprenticeship Incentives?

Q1 ) I understand that Existing Worker Traineeships are available under the new Apprenticeship and Traineeship Act 2001. Will there be incentives to employers to encourage this?

A1 ) At this time Commonwealth incentives are available for Existing Worker Traineeships , subject to eligibility guidelines. Currently there is no plan to introduce state incentives for Existing Worker Traineeships in NSW. You should contact your nominated Australian Apprenticeships Centre (AAC) for advice in relation to eligibility for any incentive applicable to an apprenticeship or traineeship.

Back to Questions

Q2 ) An employer did not advise me that all the "new" trainees I signed up for him were, in fact, Existing Worker Trainees (EWTs). He has already been paid incentives and the registered training organisation (RTO) received their first payment. How can I resolve this?

A2 ) There may be issues of fraud if an employer deliberately gave false information about the prior employment of his trainees to establish their eligibility to attract incentives as New Entrant Trainees. Where such an issue arises, the matter should be referred to the relevant Commonwealth and State authorities for appropriate action.

In addition to any action that the Commonwealth may take, the matter could be referred to the Vocational Training Tribunal to determine an appropriate solution to the matter based on the merits of the particular case eg, an order could be issued changing the category to that of an EWT or the Training Contract could be cancelled. Clearly, where there are facts sufficient to indicate a potential fraud, the matter should be referred to the Commonwealth. If it was determined that the trainees were Existing Worker Trainees and had been improperly receiving State funded benefits, the DET Training Programs Unit may request an audit of the training arrangement and could seek the repayment of fees paid to the registered training organisation (RTO). Refer to the Apprenticeships & Traineeships Act 2001 at the Departments website - Part 5, Division 2, Section 7 (3)(f).

Back to Questions

Q3 ) If a person is casually employed for say, 4 months and during this period worked 38 hours each and every week of the 4 months, is he/she regarded as existing worker?

A3 ) Generally, persons employed on a part-time or casual basis can be considered as New Entrant Trainees if their employment with their current employer, prior to commencing their traineeship, does not exceed twelve months. It is the nature of their employment rather than the hours worked which would ordinarily characterise their employment as either casual or otherwise. Section 7(3)(f) of the Apprenticeship & Traineeship Act 2001, clearly provides that the onus is on the employer to indicate whether the proposed trainee is an Existing Worker Trainee. The definition of Existing Worker on the Training Contract "Instructions and Notes" Question 42, does not refer to hours of employment. All applications to establish a Training Contract should be considered on their merits.

Under the Apprenticeship & Traineeship Act 2001, the approving officer has the discretion to approve or refuse the application or refer it to the Vocational Training Tribunal for further consideration. The employer is responsible for ensuring that the information on the Training Contract application form is true and correct, to the best of their knowledge and belief - see Training Contract obligations and Declarations - Part C.

An employer who breaches their obligation to provide true and correct information on the Training Contract application form may be subject to a range of sanctions.

Back to Questions

Q4 ) Are participants in the Commonwealth's Community Development Employment Programme (CDEP) considered as existing workers and thus ineligible for incentives applicable to New Entrant Trainees?

A4 ) "CDEP participants are not considered to be employed under CDEP arrangements and therefore are generally eligible for approval as new entrants and to applicable state financial benefits. Employers participating in the Community Development Employment Projects program may be eligible to receive Commonwealth incentives. Employers should contact their nominated New Apprenticeships Centre for advice in relation to eligibility for any incentives."

For more info on CDEP, it is listed under ATSIC programs at http://www.atsic.gov.au/Programs/CDEP/Default.asp

NOTE: ATSIC provides grants to communities/organisations (Land Councils, Aboriginal Corporates etc) who may in themselves "employ" CDEP participants (who are paid a CDEP wage) or place the participants with other employers who presumably receive the CDEP wage subsidy and top up the remainder themselves to employ under Award conditions. I notice on the website that the Indigenous wage subsidy (administered/paid by DEWR) is paid to CDEP organisations who are able to place participants in jobs outside CDEP.

Back to Questions

Q5 ) Should an "existing worker" wish to commence an apprenticeship, will the NSW Department of Education and Training approve such an application and what are the eligibility requirements for Commonwealth New Apprenticeship Incentives?

A5 ) There is no NSW Department Of Education And Training (DET) "Existing Worker" requirements which would preclude a person who proposes to enter an apprenticeship in NSW. Such a person may be able to attract Commonwealth New Apprenticeships incentives. You should contact your nominated New Apprenticeships Centre for advice in relation to eligibility for any incentives.

Back to Questions