Apprentice entitlements – Fair Work Ombudsman

Aug 30, 2017

As an apprentice you’ll get the same entitlements as other employees, such as annual leave, sick leave, public holidays and breaks.

You also need to know about your entitlements for your training, like whether you get paid to attend training and who pays for your training fees. Find out about:

There may also be specific entitlements in your award that apply as well. Read about:

For detailed information about rights and responsibilities as an apprentice, check out our Guide to starting an apprenticeship (DOCX 68.6KB) (PDF 1.7MB).

Best practice tip

You should also check your training contract for other entitlements.

There may be entitlements in awards and registered agreements that apprentices don’t get.

Time spent at training

Off-the-job training is time spent in structured training delivered by a Registered Training Organisation (RTO). It’s often delivered at a site away from the workplace and referred to as trade school. It doesn’t include:

  • normal work duties or
  • supervised practice on the job.

Payment for time spent at training

Apprentices

The time you spend at trade school is paid time and is included in your ordinary hours of work (eg. 38 hours). You need to agree with your employer about how often you will go to trade school (eg. 1 day per week or week blocks of training).

If you don’t go to trade school when you’re supposed to, you don’t get paid for that time (unless you’re on sick leave or another type of leave).

School-based apprentices

The payment for trade school isn’t worked out based on the actual hours you go to training. Instead, you get paid for 25% of the hours you work for your employer each week.

This payment for training:

  • only applies when you’re a full-time school student
  • is paid at the full-time apprentice hourly rate (including any all-purpose allowances)
  • can be averaged over a semester or the year.

If you aren’t a full-time student you have to be paid your hourly rate for all the time spent in training.

Example: Payment for training for school-based apprentices

Sean is a full-time school student doing a school-based apprenticeship. He works 8 hours per week with his employer.

Sean must be paid:

  • for the 8 hours per week he works with his employer and
  • 2 hours per week for his off-the-job training (being 25% of 8 hours).

In total, Sean needs to be paid 10 hours per week.

Training costs – fees and textbooks

You have to be reimbursed for:

  • all the fees charged by your RTO that are related to your training
  • the cost of your prescribed textbooks for your apprenticeship.

Check your award to find out when you should be reimbursed.

When training costs aren’t reimbursed

An employer doesn’t have to reimburse you for fees and textbooks if:

  • your progress in the course is unsatisfactory
  • your employer pays the costs and fees directly to the training organisation, or
  • you aren’t working for them at the set time that the costs have to be reimbursed.

They also don’t have to reimburse you any part of the fees that the Government reimburses you.

 

Think a mistake might have been made?

Mistakes can happen. The best way to fix them usually starts with talking.

Check out our Help resolving workplace issues section for practical advice on:

  • figuring out if a mistake has been made
  • talking to your employer or employee about fixing it
  • getting help from us if you can’t resolve it.

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Source: Apprentice entitlements – Fair Work Ombudsman