Trainees can provide a welcome addition to your workplace, but their employment conditions are highly regulated. If you are considering hiring a trainee, the employment type options are more limited than with other employees.
The Fair Work Act 2009 (Cth) led to the introduction of the Modern Awards, which now prescribe wages and employment conditions for employees. All existing Modern Awards provide that no matter what industry a trainee is in, Schedule E of the Miscellaneous Award 2010 sets out the conditions of employment for employees undertaking traineeships.
Schedule E of the Miscellaneous Award 2010 provides that trainees can only be employed on a full-time or part-time basis. Employers are not allowed to employ trainees as casuals.
If you are looking for a trainee to work on a flexible working arrangement your options include the following:
- Part-time employment: You can legally employ a trainee on a part-time basis, which allows more flexibility than a full-time employee.
- Labour hire organisations: You can hire trainees through labour hire organisations. Your arrangements with a labour hire company can be as flexible as you need them to be. Note that from 29 October 2019, you need to ensure that any labour hire provider you use has an appropriate licence or you risk being in breach of the Labour Hire Licensing Act 2018 (Vic).
If you are contemplating hiring a trainee, call us on (03) 5722 4681 to check what your legal obligations are and how to manage all the legal risks appropriately.
MORGAN COUZENS LEGAL
If you’d like to learn more about casual employment, please read our previous blog on this topic: