Slide 1 Welcome to today’s webinar on extension of nominal term of a registered training contract under the Further Education and Training Act 2014.

The recording of today’s webinar will be available to be used as a reference and/or training resource. Slide 2 The webinar will cover the following topics – . The role of the Network Provider in relation to extension of nominal term of a registered training contract; . Sections 23 and 58 of the Further Education and Training Act 2014 that specifically relate to ex- tension of nominal term; . Length of apprenticeships and traineeships; . The who, how, what and why of extension of nominal term; . Case studies; . A summary of the topics. Slide 3 The role of the Network Provider is now the ‘one stop shop’ from induction and registration of the train- ing contract to support and guidance throughout the duration, to a completion outcome. Essentially, the Network Provider is assisting the parties to a training contract to navigate the appren- ticeship and traineeship system. The Network Provider has delegation for certain functions under different sections of the FET Act 2014. Slide 4 Network Providers have delegation for certain functions under different sections of the FET Act associ- ated with extension of nominal term, these sections are– . Section 23 of the FET Act specifically relates to the employer, apprentice or trainee and the SRTO being able to apply to extend the nominal term of a registered training contract. The ap- plication must be in the approved form and state: that each applicant agrees to an extension and the reason for the requested extension. . If an employer decides that his or her apprentice or trainee is unlikely to meet the requirements of their training plan or the training required under the training plan cannot be completed within the nominal term of the contract, Section 58 relates to an employer’s obligations to report a noti- fiable event within 14 days. The delegation is to either approve or refuse to approve an application. Slide 5 There are two terms to be aware of when discussing the length of an apprenticeship or traineeship in relation to an extension term: • nominal term • competency-based training. Slide 6 The nominal term provides an end date to the apprenticeship or traineeship. This information can be located on QTIS – Queensland Training Information Service. Full-time, part- time and school-based arrangements are provided for, keeping in mind that part-time and school-based apprenticeships and traineeships are double the full-time nominal term. The nominal term may be reduced or extended for a number of reasons and this webinar is about un- derstanding the nominal term as it relates to extension of nominal term. An individual may have their nominal term reduced if they have had a previous training contract in the same qualification, in Queensland or interstate. Slide 7 Competency-based training is commonly referred to as CBT and allows for the potential of early com- pletion of an apprenticeship of traineeship. CBT places emphasis on what a person can do in the workplace as result of completing a program of training and based on workplace experience and learning. As soon as an individual has achieved or demonstrated the required off-the-job and on-the-job competency, they can move to the next compet- ency. This is known as competency-based progression. CBT focuses on the development of skills and the knowledge required to achieve competency stand- ards rather than time served. Slide 8 Health check What topics have been covered to this point: . The role of the Network Provider; . Sections 23 and 58 of the Further Education and Training Act 2014 that relate to the exten- sion of nominal term of a registered training contract; . Terms in relation to the length of a training contract. Slide 9 Question: Who applies to extend the nominal term of a registered contract? a) Employer b) Apprentice/trainee c) Supervising registered training organisation d) All of the above. Slide 10 Answer: . All three – D . Section 23 of the legislation states the parties and the SRTO for the apprentice or trainee may apply to extend the nominal term and that each applicant must agree. Slide 11 How Question: Does the employer, apprentice or trainee and SRTO need to put this request in writing? Slide 12 Answer – . Yes - Section 23 (3) of the Act states the application must be in the approved form. The applica- tion must state: that each applicant agrees to an extension and the reason for the requested ex- tension. . ‘In the approved form’ means a form approved by the Chief Executive. The Queensland De- partment of Education and Training has created a form Extension of nominal term to ensure the

Version 2 – AASN Provider - Extension of nominal term webinar transcript minimum requirement of information is provided, to be able to approve or refuse to approve an application. . If the FET Act requires an application to be in the approved form, it can be in any format, provided all mandatory fields of information as identified by the department are included. Slide 13 Participants viewed the form Extension of Nominal Term (ATF-014) also directed to the Department of Education and Training, Apprenticeships Info Website at: http://apprenticeshipsinfo.qld.gov.au/. Slide 14 Why What are some reasons as to why the employer, apprentice or trainee, may apply to extend the nomin- al term of the training contact? Slide 15 There are a number of reasons why the parties may apply to extend the nominal term of the registered training contract. Some reasonable circumstances would be: . Where the parties decide there is not enough time to complete all training required under the training plan. This could be due to the unavailability of block training dates; or . An agreement that more time is required to become competent on the job. A scenario might be, trainee went on maternity leave and has now returned to the workplace and the SRTO has identified that the TC contract is expired. The parties did not know they could apply to sus- pend the training contract and now require an extension to enable completion. These are all reasonable circumstances for the parties to apply to extend the nominal term of the train- ing contract. Slide 16 When a Network Provider receives an application, what considerations need to be made to make the decision to approve or refuse to approve an application. Let’s walk through the steps, remembering the Network Provider is exercising a delegation. Slide 17 STEP 1 is to determine if the application been submitted in the approved form and contains all mandat- ory information as identified by the department. If the application does not include the mandatory information the Network Provider: . can contact the parties to let them know an application has been submitted which is incomplete; . cannot approve the application until such time as all the mandatory information has been provided; . can ensure the parties submit the missing information in any format, ensuring that based on the legislative requirements each applicant agrees. STEP 2 is to check DET Connect to ascertain if the training contract is active or expired. An application may be approved after the end of the nominal term only if you are satisfied it is appropri- ate to do so in all of the circumstances. If the training contract has expired, the Network Provider must be satisfied that training and/or employ- ment continued after the expiry date. Slide 18 STEP 3 is to look at the reasons for the extension of the nominal term to determine whether or not the circumstances are reasonable. This would include considering STEP 2, whether the Network Provider is satisfied that training and/or employment continued in the period for the apprentice of trainee after the expiry date of the training contract. There may be some instances when the Network Provider is reading the reason for the extension re- quest and something doesn’t sound right.

Version 2 – AASN Provider - Extension of nominal term webinar transcript Some examples of this might be: . Trainee needs more time to complete due to a change in her role and increased hours. . We have had to change training organisations due to a lack of training and we now need to extend our training contract. Slide 19 If the Network Provider received an application to extend the nominal term and the Network Provider as the delegated officer reasonably believes that the extension reason is due to one of the parties failing to fulfil their obligations, this is a flag for the Network Provider to contact the parties to gain more informa- tion before exercising a delegation. It is not considered likely that the failure to fulfil the obligations, prior to the request to extend the train- ing contract, would result in a refusal of the extension application, provided all the parties are now aware of and fulfilling those obligations. However, if the Network Provider has concerns about the legitimacy of the employment arrangements, the apprentices’ capacity to attend or partake in the training required, or the employers’ capacity to provide the training required, the application may need to be refused, refer to OPRA if required. At any point in this process, particularly if the Network Provider is considering refusing, contact the OPRA team for direction and assistance. The Network Provider can also refer to the Frequently Asked Questions (FAQs). Slide 20 Step 5 - From this point, the Network Provider would: . exercise the delegation to approve or refuse to approve the application; . issue the letters if the Network Provider decides to refuse the application; . submit the transaction on the AASN Provider Report spreadsheet; and . for approved extensions where there are concerns about what led up to the extension re- quest refer the matter to OPRA. In the Network Provider’s referral to OPRA, please ensure that all the evidence gathered is provided so the issues may be referred to the Region for education about the obligations under the training contract and to ensure that there is a plan in place to enable completion. Slide 21 Case Study 1 Participants were provided with a copy of an application. . Employer Crazy Bob Industries submitted an application in the approved form and it has landed on your desk. You were asked if based on the information provided at this point in time would you approve or refuse to approve the extension. . Participant identified that there were a number of missing mandatory fields on the applica- tion that did not allow them to exercise the delegation and approve the application at this point in time. The missing mandatory fields were: . Apprentice or trainee name . Employer’s ABN . Agreed new nominal completion date . Name of SRTO . The name of the person authorised to sign for the SRTO . The SRTO signature and date

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Version 2 – AASN Provider - Extension of nominal term webinar transcript Question: What would you do now based on the missing mandatory fields? . Participant identified in their answers on the screen that they would contact the parties and obtain further information. Based on the previous slides 17 the Network Provider would contact the parties to obtain the missing information and ensuring each applicant agrees to the further information obtained based on the legis- lative requirements. Would a Network Provider refuse to approve an application based on the missing information alone? No, you wouldn’t. Although if the parties did not provide the missing mandatory information the Network Provider had re- quested within a reasonable timeframe, up to 90 days past the nominal completion date, it would be a yes. Once the further information is obtained, the Network Provider can exercise the delegation and approve the application. Slide 23 Case Study 2 Participants were provided with a copy of an application. . Employer Crazy Bob Industries and Apprentice Jason Leighcroft have submitted an applica- tion in the approved form with the support of their training organisation Best Training ser- vices. . The reason for the extension application was highlighted ‘Jason is due to complete on 24 September 2015 but has one unit to complete and needs more time on the job to gain the practical skills to be signed off. We are seeking a two year extension to the 24 Septem- ber 2017’. . Participants were asked to highlight anything on the application that now stood out to them. . Participant identified and highlighted the ‘one unit to complete’ and ‘two year extension’. Although this application is mutually agreed to by all parties, there are a couple of things that stand out: 1. That there is one unit of competency to complete yet the parties are requesting a two year ex- tension. 2. Also that the apprentice needs more time off the job to gain practical skills. Earlier on, slide 19 reasonable circumstances were identified as to why the parties could extend the nominal term. There could have been a number of reasons as to why there is one unit to complete and the extension period requested is two years, and this is an example of when you would make contact with the parties to ascertain what these reasons are prior to deciding the application. Unless there are concerns about the legitimacy of the employment arrangements, the apprentice’s ca- pacity to attend or partake in the training required, or the employers capacity to provide the training re- quired this extension would be approved, but then you would forward the information you have gathered to OPRA for the region to make contact with the parties to provide education on their obliga- tions under the training contract and to ensure that there is a plan in place to enable completion. Unless the reasons as to why an extension has been submitted are addressed there may not be a suc- cessful outcome and a second, or even third application may be required. Slide 24 What does an application you might refuse to approve look like? Ultimately the aim for an application is to allow the apprentice or trainee to complete; therefore refusing to approve an extension would be very rare. If a Network Provider made such a decision, they must be able to support the decision and retain the evidence gathered on file. Our final case study might raise some concerns and could be a possible refusal to approve application. Slide 25

Version 2 – AASN Provider - Extension of nominal term webinar transcript Case Study 3 Participants were provided with a copy of an application and the DET Connect information for this case study. . Employer Crazy Bob Industries and Apprentice Vann have submitted an application in the approved form with the support of their training organisation Best Training services. . This example is an extreme case and has been submitted to DET on 14 September 2015. . The DET Connect print out notes that this person has had two training contracts in the same qualification. . The contract information we are reviewing is at the top, you will see: o the contract start date of 22 December 2008; o the nominal duration of the qualification of 48 months; o the contract status of expired. . The application: o agreed New Nominal Completion Date 31 March 2016; o reason – to allow training to recommence as the nominal completion date was the 28 February, 2013. These should all be a flag for you to think that one or more of the parties to this training contract are failing to fulfil their obligations. Slide 26 If the Network Provider adds up the dates provided (the current nominal completion date and the date the application was submitted) the parties have taken a total of 929 days to submit the application. In cases where the application for an extension is received 90 days past the expiry date, it is important to ensure the apprenticeship or traineeship arrangements have been continuing, as training has contin- ued, the employment arrangements have not changed and the parties were still committed to the con- tinuation of the apprenticeship or traineeship. The SRTO has not delivered any training since the expiry of the contract based on the reasons noted on the application. Based on all of these flags, OPRA would want the Network Provider to contact the parties seeking veri- fication of what has gone on between the end of the nominal completion date and when the parties submitted the extension application. Has there been continuity of training and employment? What has the SRTO, employer and apprentice done to fulfil their obligations under the legislation during this time? At this point, the Network Provider could refuse to approve this application, based on the evidence gathered, send out the letters to the parties advising of the refusal and submit the transaction details on the AASN Provider Report. Again at any point in time, contact the OPRA team to seek advice and direction. Slide 27 A summary of the webinar. Section 23 of the FET Act specifically relates to the employer, apprentice or trainee and the SRTO be- ing able to apply to extend the nominal term of a registered training contract. The application must be in the approved form and state: that each applicant agrees to an extension and the reason for the reques- ted extension. Section 58 relates to an employer’s obligations to report a notifiable event within 14 days if an employer decides that his or her apprentice or trainee is unlikely to meet the requirements of their training plan or the training required under the training plan cannot be completed within the nominal term of the con- tract.

Version 2 – AASN Provider - Extension of nominal term webinar transcript ‘In the approved form’ means a form approved by the Chief Executive. The Queensland Department of Education and Training has created a form ATF-014 Extension of nominal term to ensure the minimum requirement of information is provided to be able to approve or refuse to approve an application. If the FET Act requires an application to be in the approved form, it can be in any format provided all mandatory fields of information as identified by the department are included. The role of the Network Provider is to – • make the decision to either approve or refuse to approve an application to extend the nominal term of the training contract; • send letters to the parties if the Network Provider decides to refuse the application; • record the transaction details on the AASN Provider Report; and • if the Network Provider reasonably believes that the extension is due to a party failing to fulfil their obligations – for example, the employer failing to release the apprentice or trainee to at- tend training refer the matter to OPRA by email. The role of the Employer is to – • apply to their Network Provider or direct to the department within 14 days of the decision that their apprentice or training will not complete all training within the nominal term of the training contract; • ensure their SRTO supports and signs the extension application; • renegotiate the training plan; • once approved, ensure they deliver the on-the-job training required under the training plan and discharge all other lawful obligations of an employer until successful completion of the training contract. The role of the apprentice or trainee is to: • work towards achieving the qualification as stated in the training contract; • undertake the training and assessment required under the training plan; and • ensure they fulfil their obligations under the legislation to a successful completion outcome. The role of the SRTO is to – • continue to work with the employer and apprentice or trainee to ensure that all training and as- sessment required to be delivered under the training plan is delivered; • verify the on-the-job training provided by the employer; and • issue the qualification and notify the department upon successful completion of all units of com- petency. Slide 28 Health check What topics have been covered? . The who, how, what and why of extension of nominal term; . Three case studies as examples of applications; . The summary covered the role of the parties once the application has been approved. Slide 29 Need more help? Resources and websites: • The Further Education and Training Act 2014 (https://www.legislation.qld.gov.au/view/html/inforce/current/act-2014-025) • The department’s apprenticeship and traineeship procedures

Version 2 – AASN Provider - Extension of nominal term webinar transcript • (http://ppr.det.qld.gov.au/training/apprentices/Pages/current-procedures.aspx) • Apprenticeships Info website http://apprenticeshipsinfo.qld.gov.au/ • The frequently asked questions document periodically circulated by OPRA Please contact [email protected] for any assistance or to provide feedback.

Version 2 – AASN Provider - Extension of nominal term webinar transcript