A new client, a small building business, recently approached me with a question about extending an apprentice carpenter’s probation.
Their office manager had reviewed the apprentice’s contract, which included a six-month probationary period, and assumed they could extend it further, remaining within the 12-month minimum employment period for small businesses under Fair Work.
Thankfully, they called me first.
Here’s why that call was so crucial:
The apprentice carpenter is covered by the Joinery Award [MA000029], which contains specific terms for apprentices. Critically, clause 13.7 of this Award states:
“The probationary period of an apprentice is as set out in the training agreement or contract of apprenticeship consistent with the requirement of the apprenticeship authority and with State or Territory legislation, but must not exceed 3 months.”
This meant the six-month probationary period in the initial contract was not permitted under the Award, and extending it further was out of the question.
Upon learning this, the office manager then suggested they would simply terminate the
apprentice’s employment, as the builder felt the apprentice was “not up to scratch.”
However, I had to alert her to another vital Award term, clause 13.6:
“An apprenticeship may be cancelled or suspended only in accordance with the requirements of the training agreement and the requirements of State or Territory legislation and the State or Territory training authority with responsibility for the apprenticeship.”
This means you can’t just terminate an apprentice’s employment like that of a standard employee. There are specific processes that must be followed in conjunction with the Registered Training Organisation (RTO) and relevant state or territory training authorities.
I immediately advised the client to speak with the RTO responsible for the apprenticeship before taking any action.
This experience was a stark reminder of how complex employment law can be, especially when it comes to specific employment types like apprenticeships.
What seems like a straightforward contract matter can quickly become a compliance minefield if you’re not aware of the nuances of Awards and legislation.
I’m now working closely with this client to ensure all their employment contracts, terms, and policies are fully compliant with relevant legislation. We’re also putting in place robust systems for regular performance and development reviews for all new employees, along with comprehensive performance and development plans for everyone on staff. This proactive approach will help prevent similar issues and ensure they have a fair, compliant, and productive workplace.
If you’re a small business, navigating these waters can be particularly challenging.
Contact us today for a comprehensive review of your HR practices.
We can help you ensure your documentation is robust, your processes are compliant, and your business is protected, so you can focus on what you do best.
