Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 372

372 Paying apprentices or trainees for supervised training

(1) Time spent by an apprentice or trainee undertaking supervised training is taken to be—

(a) time worked for the employer; and

(b) ordinary working hours when calculating the apprentice’s or trainee’s wages and employment conditions.

Example of paragraph (b)—

A trainee is required to work 38 ordinary working hours a week under an award. In a particular week, the trainee spends 30 hours working for the employer and 10 hours at college. The trainee is entitled to be paid 38 hours ordinary time (which includes 10 hours ordinary time for the time spent at college) and 2 hours overtime.

(2) Subsection (1) applies irrespective of the way the supervised training is delivered.

Examples of ways supervised training can be delivered—

block release, day release, workplace-delivered training or correspondence

(3) Despite subsection (1) , wages are not payable for time spent by an apprentice or trainee undertaking supervised training when the apprentice or trainee is—

(a) a school-based apprentice or trainee; or

(b) the subject of a decision of the approving authority under section 212 .

(4) In this section—

"supervised training" , for an apprentice or trainee, means training up to the maximum period required, under the Further Education and Training Act 2014 , to be delivered by a supervising registered training organisation during the apprenticeship or traineeship.