Supervision of Apprentices and Trainees: Permanent Employee

Following on from a recent article about the Supervision of Apprentices and Trainees, the IR and Legal Team have received several calls as to who is deemed to be a ‘permanent employee’ of an employer.

Members are advised that a permanent employee is a person who is employed by the employer (i.e. works full-time as a Foreperson/Carpenter for ABC Building).  According to the WorkSafe ACT Guidance Note, the minimum supervision requirements under a training contract will be met where:

The person is permanently employed at the same workplace;

Works predominantly the same hours as the apprentice; and

Is suitably qualified and where necessary, licensed, in the equivalent or higher-level qualification in the same field as the apprentice is training.

This means that you cannot have your subbies supervising your apprentices even though they will be working on the job with you as they are not deemed to be a permanent employer.

Members are also encouraged to familiarise themselves with the Ratio of Supervisors to Apprentices/Trainees:

All members are reminded that they have obligations to ensure that apprentices and/or trainees in their employ are receiving the correct level of supervision whilst working.  A failure to do so could result in a breach of your obligations under the WHS legislation.

Click here to read more about Supervision requirements for Apprentices and Trainees in the ACT.