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Last updated: 27 October 2006

Circular No 2003/4: New Apprenticeships

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Note: This document has not been updated to reflect changes that may flow from the WorkChoices legislation enacted on 27 March 2006

The purpose of this circular is to provide an overview of the New Apprenticeship program and information for agencies on how it might be used in the APS.

the Government supports the program and encourages employers (including APS agencies) to employ more New Apprentices.

2. This circular has been prepared in consultation with the Department of Education, Science and Training and the Department of Employment and Workplace Relations.

3. New Apprenticeships¹ offer employing agencies a comprehensive and structured process to recruit and develop entry-level staff to meet each agency's unique business requirements. New Apprenticeship recruitment exercises generally yield a wide range of applications - from school leavers through to more experienced people seeking a new career. In some cases the employing agency may be entitled to incentive payments from the Commonwealth. Further details about incentive payments are available from local New Apprenticeships Centres (see para 9).

4. The employment of a New Apprentice can take place under:

a relevant award such as the APS Award 1998 which provides for the employment of apprentices under clause 14.2 or for Trainee Administrative Officers under clause 14.3. (Note that clause 14.3 calls up the provisions (including wages) of the National Training Wage Award 2000.);
an agency Certified Agreement (CA); or
an Australian Workplace Agreement (AWA).

New Apprentices may be recruited on an ongoing or non-ongoing basis. The usual APS recruitment and selection procedures apply to the recruitment of an apprentice or trainee. More information on APS procedures is provided in Attachment A.

5. A New Apprentice is usually paid a discounted wage, reflecting that the employee spends time in training.

6. The key distinguishing features of a New Apprenticeship are the training program and a training agreement between an apprentice or trainee and the employer. The training agreement is registered with a State or Territory Training/Recognition Authority. The training is designed to lead to a nationally recognised, competency-based qualification. A wide range of training options are available that could be tailored to the particular needs of an individual APS agency, including training that covers competency areas for APS level staff.

7. The employing agency can select a training provider from a number of Registered Training Organisations (RTOs). Those organisations listed as registered providers of training have satisfied the national criteria for provision of services and have been registered by a State/Territory Training Authority. The training provider will deliver and assess training either off-the-job, in the workplace or a combination of both and issue qualifications. The RTO can help develop a suitable training program. Agencies may approach a training provider in the same way as any other supplier. Information about available training providers can be obtained from New Apprenticeships Centres. An Agency may apply to be recognised as an RTO, enabling it to provide accredited training in-house.

8. A training program is based on achieving a set of competencies set out in a relevant Training Package. Attachment B provides more information on Training Packages.

9. A network of New Apprenticeships Centres provide 'one stop' integrated assistance to both potential employers of New Apprentices and people interested in becoming a New Apprentice. The services offered by New Apprenticeships Centres include:

providing New Apprenticeship information to employers, apprentices and trainees about New Apprenticeships training and employment;
assisting with associated paperwork;
marketing and promotion of New Apprenticeships locally;
administering Commonwealth New Apprenticeships incentives;
working with State and Training/ Recognition Authorities to provide an integrated service; and
establishing effective relationships with Commonwealth-contracted Job Network members, training providers, schools and other organisations.

10. New Apprenticeships Centres currently operate from approximately 300 sites across Australia, and from 1 July 2003 this will increase to over 500 sites nationally.

Further information

11. The website www.australia.gov.au/skillsforthefuture contains substantial information on the New Apprenticeship Program. As a first step, an agency that wishes to employ a New Apprentice should contact their nearest New Apprenticeships Centre. Details of the nearest New Apprenticeships Centre may be obtained through contacting the referral number - 13 38 73 or by checking the website-www.australia.gov.au/skillsforthefuture.

12. If you require further information in relation to awards, Certified Agreements and wages you may contact your relevant client contact in the Department of Employment and Workplace Relations-names and contact numbers can be found at www.workplace.gov.au. For further information regarding AWAs, please contact the Office of the Employment Advocate on 1300 366 632 or www.oea.gov.au.

13. Matters relating to selection arrangements and the Public Service Training Package may be referred in the first instance to the Australian Public Service Commission Helpline-phone 6202 3859 or employmentadvice@apsc.gov.au.

Peter Miller
Acting Group Manager
Policy and Employment Group

June 2003

1 In some States and Territories New Apprenticeships are referred to as apprenticeships and traineeships

Attachment A: Employing a New Apprentice in the APS

Introduction

A New Apprentice may be employed under an award such as the APS Award 1998, a Certified Agreement (CA) or an Australian Workplace Agreement (AWA).

If an agency wishes to facilitate the recruitment of New Apprentices through their CA and they do not already have a facilitative clause for New Apprenticeships in their CA, they may wish to include a clause along the following lines:

This clause applies to employees undertaking a traineeship that is approved under Part VIE of the Workplace Relations Act 1996. Notwithstanding anything to the contrary in this agreement, the pay rate applying to an employee undertaking such a traineeship (apprenticeship) shall be calculated in accordance with s.170XC (170XD for apprenticeships) of the Act where the benchmark rate is the pay rate which would apply to the employee under this agreement for the work being performed by the employee, if the employee was not undertaking the traineeship (apprenticeship).

Where the CA includes an appropriate facilitative clause such as the one above, an apprentice or trainee can be also employed in an apprenticeship or traineeship that combines different mixes of training time and productive work eg a part-time apprenticeship.

Wages for these apprenticeships and traineeships must be based on an approving authority determination (see below and sections 170XC and 170XD of the Workplace Relations Act 1996, reproduced at Attachment C of this circular). This determines the effect of training on productive time for approved apprenticeships and traineeships. Agencies, however, still need to consider the appropriate training classification (APS or locally designated) and the salary points that would apply to an apprentice or trainee if they were not undertaking a training program.

Agencies may also consider developing an AWA that covers a New Apprentice's conditions of employment. An apprentice or trainee employed under an AWA can be also employed using an approving authority determination.

APS recruitment and selection procedures

New Apprentices may be ongoing employees or non-ongoing employees.

New Apprenticeship arrangements may apply to full or part-time work. The part-time arrangements may also be made available to school students.

Usual APS recruitment and selection procedures apply to the recruitment of New Apprentices.

In the case of New Apprentices to be engaged as ongoing employees, the opportunity to apply for the relevant employment opportunity must be notified in the Commonwealth of Australia Gazette and be open to all eligible members of the community.

Databases, consultants, employment agencies or other forms of advertising can be used to supplement the field gained through the Gazette notification. However, given the above requirements, such methods cannot be used as the sole method of recruitment. An Agency Head can only engage someone as an ongoing employee if the employment opportunity, or a similar opportunity, was notified in the Gazette in the previous 12 months (Clause 4.2 of the Directions).

If the New Apprenticeship is non-ongoing but the engagement is for longer than 12 months (or there is any possibility it may be extended beyond 12 months), the employment opportunity must also be notified in the Gazette. If the engagement is for 12 months or less, there is no requirement to notify the opportunity in the Gazette. However, to meet the APS Values of merit selection and open access contained in sections 10(1)(b) and (m) of the PS Act, such opportunities must be publicised in some way to provide reasonable access to all eligible candidates.

Allocation of a training classification to a New Apprentice

New Apprentices may be allocated to an APS training classification or to a locally designated training classification if this is defined in the agency's Certified Agreement or the New Apprentice's AWA.

Apprentices engaged in an APS training classification

APS training classifications are defined in the Public Service Classification Rules 2000 (see Column 2 of Schedule 2 Training classifications, Public Service Classification Rules 2000) and include:

Apprentice APS (Trade);
Trainee APS (Administrative); and
Trainee APS (Technical).

Classification Rule 11 requires that if an APS employee who is engaged at a APS training classification satisfactorily finishes each training requirement for the training classification, the Agency Head must allocate to the employee an operational classification mentioned in column 3 of Schedule 2 that relates to the employee's training classification. This requirement only applies to New Apprenticeships engaged as ongoing employees.

New Apprentices may also be engaged as non-ongoing employees in accordance with an agency-specific scheme (see Public Service Regulation 3.3 and 3.5(4)) or the New Apprenticeship service-wide scheme (see Public Service Regulation 3.5(4), Prime Minister's Public Service Directions 1999, Clause 3.3).

Classification Rule 9(3) of the Public Service Classification Rules 2000 requires that if an APS training classification is allocated to the group of duties, the Agency Head must ensure that the duties include a requirement to undergo training.

New Apprentices engaged in a non-APS Training Classification

An agency may establish a locally-designated training classification for New Apprentices in their CA. For example, an Agency with an APS 1-2 Broadband may designate a New Apprentice engaged at the lower part of the broadband as an 'agency trainee' and provide for advancement within the broadband on successful completion of training.

New Apprenticeship wages and other entitlements

New Apprenticeship wages in the APS will depend on the basis of employment. If a trainee is employed under clause 14.3 of the APS Award 1998, or if the National Training Wage Award is called up in the CA, the wage will be the relevant one in the National Training Wage Award 2000. If an apprentice or trainee is employed under a CA they are usually paid a discounted wage, reflecting that the employee spends time in training. Wages for these apprentices and trainees must be based on an approving authority determination. The determination determines the effect of training on productive work time.

The work an apprentice or trainee undertakes may be linked to an APS training classification as defined in the Classification Rules 2000 or a locally designated classification if this is defined in the Agency's CA or the apprentice's or trainee's AWA.

In other respects such as superannuation, workers' compensation and other entitlements or requirements, a New Apprentice is treated the same as all other employees, although some State Governments offer exemptions on workers' compensation and/or payroll tax.

Approving Authority Determinations

Approving Authorities approve apprenticeships and traineeships for the purposes of the Workplace Relations Act 1996 (the Act) and determine the effect of training on productive time for apprenticeships and traineeships that are approved. When the parties to an AWA or CA are establishing a wage arrangement for a New Apprenticeship or traineeship, the determinations made by an approving authority will be used for the purpose of the 'no disadvantage test'. If an approving authority determination has not been made, the employer may then apply to an approving authority and request that a determination be made.

The New Apprenticeships website contains updated lists of Approving Authority determinations for apprenticeships and traineeships. Determinations currently exist for the Certificate II and Certificate III in Government. These qualifications come under the Public Services Training Package.

Other determinations that are in place for apprenticeships and traineeships are shown on the New Apprenticeships website: http://www.newapprenticeships.gov.au/app_auth/

Attachment A: Employing a New Apprentice in the APS

Introduction

A New Apprentice may be employed under an award such as the APS Award 1998, a Certified Agreement (CA) or an Australian Workplace Agreement (AWA).

This clause applies to employees undertaking a traineeship that is approved under Part VIE of the Workplace Relations Act 1996. Notwithstanding anything to the contrary in this agreement, the pay rate applying to an employee undertaking such a traineeship (apprenticeship) shall be calculated in accordance with s.170XC (170XD for apprenticeships) of the Act where the benchmark rate is the pay rate which would apply to the employee under this agreement for the work being performed by the employee, if the employee was not undertaking the traineeship (apprenticeship).

APS recruitment and selection procedures

New Apprentices may be ongoing employees or non-ongoing employees.

New Apprenticeship arrangements may apply to full or part-time work. The part-time arrangements may also be made available to school students.

Usual APS recruitment and selection procedures apply to the recruitment of New Apprentices.

Allocation of a training classification to a New Apprentice

Apprentices engaged in an APS training classification

APS training classifications are defined in the Public Service Classification Rules 2000 (see Column 2 of Schedule 2 Training classifications, Public Service Classification Rules 2000) and include:

Apprentice APS (Trade);
Trainee APS (Administrative); and
Trainee APS (Technical).

New Apprentices engaged in a non-APS Training Classification

New Apprenticeship wages and other entitlements

Approving Authority Determinations

Other determinations that are in place for apprenticeships and traineeships are shown on the New Apprenticeships website: http://www.newapprenticeships.gov.au/app_auth/

Attachment C: Workplace Relations Act 1996

SECTION 170XC Special case-employee undertaking approved traineeship

(1) If an agreement provides for the payment of wages to an employee undertaking an approved traineeship at a rate that is not less than the appropriate percentage of the rate (benchmark rate) that would be applicable to the employee under the relevant award or designated award (as the case may be) if:

that award applied to him or her; and
he or she were not undertaking the traineeship; the approval or certification of the agreement is not to be taken to result in a reduction of the employee's wages.

(2) For the purposes of subsection (1), the appropriate percentage of the benchmark rate is such percentage of that rate as is determined in writing by the approving authority having regard to the reduction in the productive time of an employee undertaking the approved traineeship due to time spent in training.

(3) If the agreement adopts, as the qualification for a wage level, a criterion determined by the approving authority instead of the criterion applying under the relevant award or designated award (as the case may be), that award is taken, for the purposes of this section, to have effect as if the criterion determined by the approving authority were substituted for the last-mentioned criterion.

SECTION 170XD Special case-employee undertaking approved apprenticeship

(1) This section applies if:

(a) an agreement provides for the payment of wages to an employee undertaking an approved apprenticeship in a particular trade, occupation or kind of work; and
(b) there is a relevant award or designated award regulating the payment of wages to employees undertaking an apprenticeship (benchmark apprenticeship) in the same trade, occupation or kind of work.

(2) The approval or certification of the agreement is to be taken to result in a reduction of the employee's wages only if the agreement provides for the payment of wages to employees undertaking the approved apprenticeship at a rate that is less than the rate applicable under the relevant award or designated award (as the case may be) to employees undertaking the benchmark apprenticeship adjusted (if necessary) as provided in subsection (3).

(3) For the purposes of subsection (2), the rate that is applicable to an employee undertaking the benchmark apprenticeship is to be adjusted to take into account the proportionate difference, as determined by the approving authority, between the productive time of an employee under the approved apprenticeship and the productive time of an employee under the benchmark apprenticeship.

(4) If the agreement adopts, as the qualification for a wage level, a criterion determined by the approving authority instead of the criterion applying under the relevant award or designated award (as the case may be), that award is taken, for the purposes of this section, to have effect as if the criterion determined by the approving authority were substituted for the last-mentioned criterion.