2528 NEW ZEALAND GAZETTE No. 97

Guidance for Modern Apprentices, Their Employers, and Modern Apprenticeships Co-ordinators

Modern Apprentices and Employers

9. Modern apprentices are expected to be good employees. This means they should fulfil their employment requirements according to their employment agreement and commit themselves to their individual training plan.

10. All employers of modern apprentices, including group training companies, should be good employers. This means they should treat modern apprentices fairly and in accordance with the principles of good faith as they are laid out in the Code of Good Faith and the Employment Relations Act 2000. Group training companies should also ensure that providers of on-job training for the modern apprentices they employ do the same.

11. Group training companies should adhere to the good practice set out for all modern apprenticeships co-ordinators in this code. Group training is a unique arrangement involving the employment of modern apprentices by their modern apprenticeships co-ordinator, so special duties apply in addition.

12. Group training companies should have adequate systems in place to avoid any conflicts of interest that might arise through their role as employers and/or training providers of modern apprentices in addition to their role as modern apprenticeships co-ordinators.

The Initial Stages

13. Open communication between co-ordinators and modern apprentices and employers respectively will help facilitate a successful modern apprenticeships placement. Modern apprenticeships co-ordinators will be working with a profile of what an employer wants in a modern apprentice, and will match this with the abilities and aspirations of the modern apprentice.

14. The co-ordinator should consider the capabilities of potential modern apprentices when screening them to work and train in a particular industry. Co-ordinators will be able to advise a potential modern apprentice what the job may be like in practice.

15. Feedback from a co-ordinator to the potential modern apprentice about their suitability to become a modern apprentice should be timely and helpful.

16. Before an employer, a modern apprentice and a co-ordinator sign a modern apprenticeship training agreement, the co-ordinator should confirm with the appropriate ITO that the ITO will register the training agreement.

During the Period of Training

17. A modern apprenticeship has started when the individual training plan has been signed by a modern apprentice and their employer (and endorsed by the co-ordinator), and when the modern apprentice and their employer have signed a training agreement which has been or is about to be registered by the ITO.

18. Modern apprenticeships training will progress according to an individual training plan agreed upon by the modern apprentice and their employer. The individual training plan links to the training agreement that is lodged with the ITO. This training agreement forms part of the employment agreement, but the individual training plan does not.

19. The individual training plan is a statement of commitment by the modern apprentice, the employer and the co-ordinator, and supported by the ITO. It commits them to work together to achieve the plan’s quarterly goals. It is important that modern apprentices and their employers are aware of what they are supposed to achieve and work with each other with the assistance of their co-ordinator to achieve it.

20. The development of the individual training plan reflects the results of a training-needs analysis undertaken or arranged by the co-ordinator. This analysis will have been undertaken in consultation with the employer. The training plan will be designed to support the completion of the qualification the modern apprenticeship is to lead to.

21. Good planning by employers and co-ordinators can allow modern apprentices to attend off-job training with minimum disruption to the workplace. Co-ordinators will provide information (such as dates and duration of the off-job training) to aid such planning. This information should be written into the modern apprentice’s individual training plan as early as possible.

22. If circumstances arise that might alter a modern apprentice’s individual training plan, the other parties should be told as early as possible to allow for the arrangement of alternative training if necessary.

23. Modern apprentices, their employers and their co-ordinators should be aware that identifying the modern apprentice’s training needs is an ongoing process. Co-ordinators will build this process into the ongoing management of the modern apprentice’s training.

Key Skills

24. “Key skills” is an integral component of modern apprenticeships and refers to transferable skills that enable individual apprentices to complete their training (e.g. numerical calculations, study skills, etc). In addition, “key skills” can be transferable skills that individual industries require their employees to have to “future-proof” their industry (e.g. IT skills).

25. Ideally, “key skills” will be taught and assessed alongside other learning in the individual training plan. This provides a meaningful context for the learning of key skills and ensures that the modern apprentice and their employer can see their relevance to the workplace.

Other Issues

28. Co-ordinators who are not group training companies must not become involved in the bargaining process for an employment agreement. In the event that a request is made for them to become so involved, co-ordinators should provide employers and modern apprentices with timely and helpful information which will allow the employer or modern apprentice to obtain authoritative advice on industrial relations arrangements from an appropriate source. They should not attempt to provide this advice themselves.

29. Modern apprenticeships co-ordinators should avoid taking the role of an advocate for either side in a situation where a modern apprentice is subject to their employer’s disciplinary procedures, or the modern apprentice and employer are engaged in an employment dispute. Co-ordinators will abide by their legal duties if asked to provide information by the Employment Relations Authority or called as a witness by the Employment Court.

30. Co-ordinators should, as early as possible, inform their contract manager at Skill New Zealand if difficulties look likely to arise in their relationship with either a modern apprentice or employer. Skill New Zealand will provide advice or otherwise help the parties try to pre-empt any potential difficulties.

31. If a dispute between a co-ordinator and modern apprentice or a co-ordinator and an employer remains unresolved, and in the absence of a prior agreement between them regarding the resolution of such disputes, the co-ordinator’s contract manager at Skill New Zealand will either, with the agreement of the parties in dispute:

• act as an independent mediator themselves; or

• appoint a mutually agreeable independent mediator to mediate the dispute.