New South Wales Consolidated Acts

APPRENTICESHIP AND TRAINEESHIP ACT 2001 - SECT 14

14 Duties of employers using host employment arrangements

(1) An employer that places an apprentice or trainee with a host employer under a host employment arrangement remains liable to fulfill the obligations imposed on the employer by this Act, but is taken to have fulfilled those obligations if they have been fulfilled by the host employer.

(2) Without limiting subsection (1), an employer that places an apprentice or trainee with a host employer under a host employment arrangement:

(a) must place the apprentice or trainee with host employers in a manner that ensures that the apprentice or trainee receives the work-based component of the required training in all aspects of the apprenticeship or traineeship, and

(b) must properly supervise any such host employer in its provision of the required training to the apprentice or trainee, in particular:

(i) by ensuring that the host employer releases the apprentice or trainee as required for attendance at the relevant registered training organisation, and

(ii) by liaising with the relevant registered training organisation in relation to the apprentice’s or trainee’s attendance and participation in the training provided by the relevant registered training organisation.

(3) An employer must not knowingly place an apprentice or trainee with a host employer who is a prohibited employer.

Maximum penalty: 20 penalty units.

(4) A prohibited employer must not accept an apprentice or trainee under a host employment arrangement.

Maximum penalty (subsection (4)): 20 penalty units.