Q&A: Apprentices in Western Australia

You may have different dismissal rights to other non-apprentice employees.

If you were only hired to do your apprenticeship, then its normal for you job to finish at the end of the apprenticeship, and your employer doesn’t have an obligation to keep you on. In this case, you haven’t been “dismissed” because your job was always due to finish at this point.

However, if you have a reasonable expectation that your job will continue after your apprenticeship ends, then you might have an unfair dismissal claim, or another type of dismissal claim. This might be the case where you were an existing employee when you started your apprenticeship, or where you were promised work after your apprenticeship.

You may also be able to make a dismissal claim if you have been dismissed during your apprenticeship.

You may have as little as 21 days from your dismissal to make a dismissal-based claim. For more information on dismissal-based claims you should see our publication Q&A: Dismissal for WA Employees.

If your training contract has ended early there may also be options you can take including appealing the decision to the Western Australian Industrial Relations Commission. For more information on this process see  their website here: https://www.wairc.wa.gov.au/employees/apprentices/

You can also seek support from your Australian Apprenticeship Support Network (AASN) provider. They are generally your first point of contact if you have an issue in your apprenticeship.

If you have been unfairly or unlawfully dismissed from employment, you may be able to make a legal claim.

However, it is unlikely that a dismissal occurred if you were only employed to do your apprenticeship. Generally, you are not able to bring a dismissal-based claim where your employment ends at the:

• end of the fixed period in your employment contract; or
• completion of your training contract.

If you were an existing employee when you started your apprenticeship, or you were told you would have work after your apprenticeship finished, then you may have a claim.

For more information on dismissal-based claims you should see our publication Q&A: Dismissal for WA Employees.

If your employer promises to employ you after your apprenticeship, but then does not hire you, you may be able to bring a dismissal-based claim.

However, these situations can be complicated and whether you can make a claim will depend on what happened. If you think that this has happened to you then you may wish to seek legal advice.

For more information on dismissal-based claims you can also see our publication Q&A: Dismissal for WA Employees.

Employers are generally prevented from firing or punishing you for making a complaint or enquiry about your safety, pay, conditions or other work issues.

If you have been dismissed for making a complaint about your work conditions, then you may have a claim.

This is because your employer is not allowed to dismiss you for a “prohibited reason”. Prohibited reasons can include:

• discriminatory reasons;
• exercising your workplace rights;
• talking about exercising your workplace rights; and
• making complaints in relation to your work.

For more information on protected complaints and actions, see our publication Q&A: Protected complaints and actions for WA workers.

For more information on dismissal-based claims, see our publication Q&A: Dismissal for WA Employees.

Be aware that you may have as little as 21 days from the date of dismissal to make a dismissal-based claim.

Generally, your employer cannot force you to spend your wages or take money from your wages. This includes your employer asking you to pay back unreasonable training costs.

If your employer is asking you to pay training costs, you will need to check:

• your employment contract. However, sometimes clauses in your employment contract that require you to pay money to your employer are unlawful; and
• your award or agreement (if you are covered by one). Some awards and agreements have sections that cover training costs and who has to pay them.

If your employer has taken money out of your pay or required you to pay training costs, and you feel that it is unreasonable, you can call either the Fair Work Ombudsman or Wageline.

If you still need help you should consider seeking legal advice from Circle Green here or a private solicitor here.

If you are looking to leave your apprenticeship you should check your employment contract, award or agreement to see if it mentions:

• a notice period;
• repaying relocation or travel costs;
• repaying training costs; and
• a section that stops you working somewhere else after your employment ends.

You can’t choose whether you work during your notice period or be paid for that time. If you want to shorten your notice period, you will need to agree with your employer.

If you refuse to work out the notice period, your employer may be able to make a claim against you for the time you should have worked.

In some situations, your employer is allowed to withhold your pay to cover the notice you should have worked. This is normally limited to one week of pay, but you should check your award or agreement

You can contact the Apprenticeship Office to understand the impact that resigning may have on the progress of your apprenticeship. Generally, you can continue your apprenticeship with a new employer.

For more information about transferring your apprenticeship, see the forms and fact sheets on the Apprenticeship Office website here: https://www.dtwd.wa.gov.au/apprenticeship-office.

To check your correct pay rate you can take the following steps:

1. Contact Wageline or the Fair Work Ombudsman

The regulator can help clarify your award and classification under the award. They may also help identifying additional penalty rates or allowance under the award.

In some situations they will also communicate with your employer to help recover any underpayment under an award or agreement.

2. Calculate what you should have been paid against what you have been paid.
3. If you believe that you have been underpaid then see our Claim Guide on claiming contractual entitlements or minimum entitlements under law, an award or an agreement here.

An entitlement is a payment or condition that you have a legal right to. This includes minimum wage rates, overtime pay and penalty rates.

If you believe that you are not getting an entitlement, you can:

1. identify where the entitlement comes from;
2. work out how much you should have received;
3. if you are unsure, get legal help;
4. speak to your employer; and
5. if your employer refuses to provide the entitlement, look to bring a legal claim.

Where does it come from?

You should check your employment contract, award or agreement.

If you aren’t sure which award or agreement covers you, call Wageline or the Fair Work Ombudsman to find out. They may also be able to help you figure out whether you have been underpaid (or otherwise denied an entitlement). In some circumstances, they can also assist to recover the amount from your employer.

For more information on pay, see our publication Q&A: Pay for WA employees.

If you still need help you should consider seeking legal advice from Circle Green here.

Speak to your employer

Generally, we would suggest looking to outline issues in writing. This could be by email followed by a meeting.

The Fair Work Ombudsman has a guide on having difficult conversations with your employer here: https://www.fairwork.gov.au/tools-and-resources/online-learning-centre/difficult-conversations-in-the-workplace-employee-course

Make a legal claim

If you are owed an entitlement and haven’t been paid it, you will have 6 years to make a claim.

If you are owed an entitlement under an award, enterprise agreement or law and want to make a claim, see our publication Claim Guide: Minimum entitlements for WA employees.

Your right to increased pay will depend on the award or agreement that you are covered by.

Generally, there are two ways of moving to the next level, or pay grade, of an apprenticeship:

• time-based – you move up to the next pay level after you have worked a certain amount of time (for example, 12 months); or
• competency-based – you move to the next pay level when you have achieved specific skill or training requirements of the apprenticeship.

You should check your award or agreement to see what applies to you.

If you are not sure which award or agreement you are covered by, you should contact the Fair Work Ombudsman or Wageline.

You should have a registered training contract between you and your employer (registered with the Apprenticeship Office) to be an apprentice. However, this is different to your employment contract.

Unfortunately, you don’t have an entitlement to a written employment contract. However, an employment contract can be verbal, written or created through the actions of yourself and your employer.

Practically, you should get confirmation about the key terms of your employment. This may include hours of work, pay rate, any allowances, and a clear role description. If you do not have a written contract, and you would like one, you may wish to ask your employer to provide one to you.

For more information, see our Q&A: Employment Contracts for WA workers.

If you have a problem with your coursework or training, you should first try to work it out with your employer and/or training provider. You should consider what your training contract and training plan says about the issue. It may also be that the training contract provides a way to resolve the dispute.

A standard training contract will generally outline that, where the employer and apprentice/trainee are unable to resolve a dispute, you can contact the Apprenticeship Office for assistance.

You can also contact your Australian Apprenticeship Support Provider (ASSP). Contact details for these organisations should be in your training contract.

Firstly, check your training plan. Under your training contract your employer has obligations, including releasing you to attend any training/ assessment and paying you for this time.

If your employer has an obligation to release you to attend external training, then you should raise this with them. If the employer refuses to release you for these days then you should contact the Apprenticeship Office for assistance.

Your award or agreement may also include specific sections that cover apprentice training and TAFE. Check your award or agreement to see if there is a clause that covers your situation. If you are unsure whether you are covered by an award or agreement you should contact the Fair Work Ombudsman or Wageline.

You should not pay your employer for training. Your employer should pay you for the hours you are required to attend training with your training provider.

If your employer is taking money out of your wages to pay for training then this is likely unlawful. Your employer taking money out of your wages is called a deduction. If the deduction is unlawful, you have 6 years to make a claim to have the money returned. You can contact the Fair Work Ombudsman or Wageline about this.

You should make sure you are receiving the training agreed under your training contract and training plan. If there are issues with this or you are not receiving proper training then you should contact the Apprenticeship Office or your Australian Apprenticeship Support Provider (ASSP).

Unsatisfactory progress can impact training contract and whether your employer has to pay your training costs.

Talk to your employer and training provider to check that you are meeting your obligations under your training contract and training plan.

You can also speak to your Australian Apprenticeship Support Provider (ASSP) for assistance. Contact details for these organisations should be in your training contract.

If you feel your employer is not training you properly, you can informally bring this up with them. If this is not successful or you do not feel comfortable raising it with them, you can look to contact your Australian apprenticeship support provider (ASSP) for assistance.