Employers

Our role is to provide a free and confidential advisory service to employers to help guide you through the skills system and help resolve issues.

We can provide you with information about:

• the obligations of employers, apprentices or trainees in South Australia
• the terms and conditions of a training contract, including resources and guides to assist you in the workplace
• how and where to get started if you are considering employing an apprentice or trainee
• where to find course information
• financial support for training
• mentoring assistance for trainees and apprentices
• dispute resolution services between the parties to the training contract, or between previous and proposed employers in the case of transfer.

What you need to know

Any changes to the training contract must be agreed by both parties – employer, apprentice (and parent/guardian if the apprentice is under 18 years). It’s unlawful for any person to pressure or use unfair tactics to gain agreement to a change.

During a dispute about an apprenticeship or traineeship you continue to provide your apprentice or trainee with work, training and wages, and they continue attending training and work.

Contact the South Australian Skills Commission on 1800 006 488 for support.

Contact Us Lodge a dispute Update training contract

We aim to help you to have a positive training experience and a successful apprenticeship. You can find out more about employing apprentices and trainees on our website.

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• Check the probationary period specified on the training contract, as this may differ from other employee arrangements.
• Be aware there are different rules to cancel the apprenticeship or traineeship outside of the probationary period.
• Speak to the prospective apprentice or trainee about whether they have any prior experience or formal qualifications which could be recognised under the training contract.
• Make sure you know your obligations to supervise and train an apprentice or trainee on the job and have processes in place to manage their performance under the training contract. Ask for help if you need it.

We encourage you to speak to your apprentice or trainee regarding any issues that are impacting the apprenticeship.

If you have a complaint about any aspect arising from a training contract, you can contact us on 1800 006 488 or lodge a dispute via our online form.

Update training contract

• We will review the issues raised by you and determine whether or not the matter falls within our authority.
• If we’re not the right agency to handle your matter, we will redirect you to a more appropriate authority or responsible jurisdiction. This may include more than one agency depending on the issue(s) raised.

Initial assessment:

• We can provide you with tailored advice on how to deal with problems that might arise from a training program, including training associated with an apprenticeship or traineeship.
• We may provide services including dispute resolution services and negotiation to help resolve disputes between your business, a training organisation or an apprentice or trainee to support training contract completions. We will require agreement from all parties to deal with the matter.

Dispute resolution services aims to preserve relationships between all parties and resolve disputes within an adequate timeframe. We can assist you with information about the South Australian Employment Tribunal (SAET) process for traineeships and apprenticeships if an issue cannot be resolved. More information about the role of the SAET can be found on their website.

In cases of suspension for wilful and serious misconduct, an employer must notify the Commission for dispute resolution services as reasonably practicable and notify the South Australian Employment Tribunal (SAET) and the apprentice or trainee of this matter.

We will provide dispute resolution services between the employer and apprentice or trainee. If the wilful and serious misconduct cannot be resolved by dispute resolution services, the employer must as soon as reasonably practicable after the dispute resolution services concludes (but in any event within three working days), refer the matter to the SAET for consideration.

You may also be required by the Commission to attend dispute resolution services under certain circumstances.

Serious and wilful misconduct is where an employer reasonably believes an employee is deliberately behaving in a way that is inconsistent with continuing their employment, including causing serious and imminent risk:

• to the health and safety of another person
• to the reputation or profits of their employer’s business (theft, fraud or assault)
• by refusing to carry out a lawful and reasonable instruction that is part of their job.

You can find out more in the relevant Skills Standards

• Skills Standard 10: Training Contract Suspension
• Skills Standard 12: Complaint Handling, Mediation and Advocacy

• Either party to a training contract can make an application to SAET if there is a dispute between the parties, or one of the parties has a grievance.
• Visit the SAET website to lodge an application.
• Before lodging an application to SAET, contact the South Australian Skills Commission who may be able to help resolve your issue.

Find out more about your obligations as an employer to comply with the South Australian Skills Standards that have been set by the Government. Visit the Standards to understand more about your role as a registered employer.

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