Apprentices
and their Rights
 The CFMEU takes great pride in assisting and
representing apprentices.
Being new to the workplace, a lot of young workers are
not aware of their rights and entitlements. Some
employers take advantage of apprentices as cheap labour.
The trade union movement has an important role to
educate and organise young workers on their rights and
responsibilities at the workplace.
The CFMEU has appointed a full time organiser to advise
and assist apprentices.
Apprentices and Trainees
If you are new to the construction industry as an
apprentice or trainee there are some things you need to
know.
Apprentices and trainees have the same rights as other
workers to a safe and healthy work environment and
decent pay and conditions. The one significant
difference is the contract of training you are employed
under.
What is a Contract of Training?
A contract of training is a legally binding agreement
between you and your employer. The contract of training
provides you with the certainty of employment and
training in your chosen occupation. It is an agreement
where your employer must provide you with on-the-job
training, and release you for off-the-job classroom
training to a TAFE college or other approved training
provider.
In return, the apprentice and trainee rates of pay
are significantly lower than that of fully qualified
trades people and skilled workers.
There are three main types of contract of training in
the construction industry. These are:
- The indentured apprenticeship: This is a binding
(generally four year agreement) between an apprentice
and his/her "master" or employer. The indenture system
is hundreds of years old and its great advantage is that
it is almost impossible for the employer to cancel the
contract of training. However, its lack of flexibility
has meant that employers have increasingly moved away
from "indenture" to the more flexible "trainee
apprenticeship".
- The trainee apprenticeship: Increasingly, apprentices in
the industry are being engaged under an apprentice
traineeship. This contract of training is less rigid
than a traditional indenture, but is still more secure
than the normal contract of employment. Most apprentices
employed under a group apprenticeship scheme come under
this model.
- The non-trade traineeship: These traineeships are
increasingly being offered in areas that have not
traditionally been classified as "trades". In the
construction industry, there are trainees in areas such
as plant operating (that is, operating heavy
construction machinery), steel-fixing and materials
handling (crane related operations). Whilst these
traineeships provide skilled workers they are generally
shorter in duration than trade apprenticeships and job
opportunities are probably more limited than broad-based
traditional trade.
Your Rights on the Job as an Apprentice or Trainee
These are some of your rights as an apprentice or
trainee in the building and construction industry:
- You have the right to a safe and healthy work
environment and decent amenities (toilets, lunch room
etc).
- You have the right to join the union and to be
represented by union officials.
- You have the right to be trained and not just used as
cheap labour. Where it is a provision of your contract
of training, the employer must release you for
off-the-job training.
- You have the right not to be victimised or 'bastardised'
on the job. Sometimes the treatment of apprentices and
trainees goes beyond a joke. If this is the case, the
union will stand up for you.
- You have the right to basic industrial standards such as
sick leave and holiday pay.
- On unionised jobs you may be entitled to additional
payments such as site allowance, productivity allowance
and redundancy pay.
- If you have been under-paid, you have the same right to
recover that money as any other worker.
How to join the union
If you are not already a member of the CFMEU, you should
join up. Apprentices and trainees pay reduced rates and
still enjoy the full benefits of belonging to the union.
As well as having the CFMEU represent your interests
when it comes to wages and conditions you will find that
your union can help in other ways.
You can join on line, if you
click here.
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