CONNECT:PROTECT campaign report

CONNECT:PROTECT was VRQA's 2024 regulatory campaign targeting apprentices and trainees employed by labour hire providers. The VRQA compliance and enforcement framework for regulating apprenticeships and traineeships seeks to eliminate harm, or the risk of harm, to apprentices and trainees. Data and risk analysis identified that apprentices and trainees employed by labour hire providers could be at greater risk than those with other employers.

All labour hire providers in Victoria must be licensed by the Labour Hire Authority (LHA), so we worked with them to develop the campaign.

The VRQA is Victoria's education and training regulator and upholds the legislative requirements for Victorian apprenticeships and traineeships under the Education and Training Reform Act 2006. LHA protects Victorian workers from exploitation by host employers and providers of labour hire services and works to improve industry integrity.

The VRQA can investigate and, if appropriate, revoke an employer's approval to employ apprentices and trainees. LHA may also take compliance and enforcement action, including suspending or cancelling a labour hire licence, or prosecuting unlawful conduct by hosts or providers. Proactively protecting apprentices and trainees deters non-compliant behaviour from employers and protects vulnerable workers from exploitation.

About labour hire providers

Labour hire providers employ workers, then provide those workers to host employers who provide day-to-day work.

Over 7,000 apprentices and trainees are employed by licensed labour hire providers in Victoria. Around two-thirds of these apprentices and trainees are employed by Group Training Organisations (GTOs).

Host employers don't need VRQA approval, but our authorised officers have the power to enter any apprentice and trainee workplace.

All labour hire providers must ensure a safe workplace, appropriate supervision and access to tools and equipment for their apprentices and trainees. If they are not getting that from their host employer, the labour hire provider is responsible.

To launch the campaign, we distributed a stakeholder pack, social media assets and notified over 7,000 apprentices and trainees about the campaign. A dedicated telephone hotline and e-mail address were set up to receive complaints and enquiries.

Our authorised officers contacted 176 apprentices and trainees from September to December 2024, focusing on those employed in the construction industry. Authorised officers also conducted 50 interviews, gathering information about employment arrangements and experiences of apprentices and trainees with labour hire providers.

We received 3 complaints directly from apprentices employed by labour hire providers. These were about alleged workplace bullying, registered training organisation (RTO) enrolment problems, and a dispute where an apprentice wanted to cancel their training contract, but the labour hire employer did not agree.

Where issues were raised, authorised officers made follow-up enquiries, including site visits and additional interviews with apprentices, trainees and their employers. In most cases, the issues were resolved by the intervention of our authorised officer.

Good news and bad news

The CONNECT:PROTECT campaign found most labour hire apprentices and trainees interviewed were positive about their employment and training. Overall, findings indicated that:

• apprentices and trainees were happier where they had host employer placements for a year or more, enabling them to have continuity with their employment and training and feel valued
• some apprentices and trainees who undertook shorter placements felt they were being used as cheap labour
• communication between labour hire providers, host employers and registered training organisations (RTOs) is important – improved communication could have prevented some issues.

Most apprentices and trainees interviewed (42 out of 50) raised no issues and provided positive feedback. Ten investigations were opened because of the campaign, 9 have closed and one remains open. Authorised officers closed investigations by:

• identifying that employers were meeting their obligations,
• providing regulatory advice
• resolving disputes and misunderstandings between apprentices, trainees and employers.

Campaign case studies

1. A trainee advised that their RTO was preventing them from completing their training contract due to a requirement for minimum workplace placement hours. An authorised officer reviewed the situation, determined that the labour hire employer had been meeting their obligations, and liaised with the RTO to enable the trainee to complete the training contract.
2. An apprentice alleged they were bullied in the workplace and having enrolment problems with their RTO. However, an authorised officer identified that it was the apprentice who was not meeting their obligations. They had not been attending training and the labour hire provider was attempting to manage their performance. The apprentice subsequently withdrew their complaint.
3. An apprentice alleged insufficient supervision in the workplace. An authorised officer attempted to contact the apprentice to ask further questions, but they did not respond. The authorised officer then made enquiries with other apprentices at the same employer. It was determined that the employer was meeting their supervision obligations and the investigation was closed.
4. An apprentice complained about a dispute with their labour hire provider. They wanted to cancel their training contract to be directly employed by the host employer, but the labour hire provider would not agree to release them. An authorised officer made enquiries and the labour hire provider agreed to cancel the training contract. This allowed the apprentice to change employers.

Access help early, know your rights and obligations

The CONNECT:PROTECT campaign demonstrates that most issues can be resolved with early intervention and better understanding of obligations.

All employers – including labour hire providers – have legal obligations to their apprentices and trainees.

Employers must:

• have a training plan for each apprentice and trainee for the qualification they are enrolled in, developed in conjunction with their RTO
• provide work that is relevant to the vocation of the apprentice or trainee and their qualification
• provide appropriate facilities and experienced people to provide training and supervision
• make sure their apprentices and trainees receive on-the-job training and assessment in accordance with the training plan
• release the apprentices and trainees from work and pay the appropriate wages to attend training
• work with RTOs and the apprentice and trainee to comply with the training plan, keep training records up-to-date, and monitor and support progress
• meet all legal requirements regarding their apprentice and trainee, including occupational health and safety laws and payment of wages and conditions
• provide minimum hours of employment and training to apprentices and trainees.

Supervision guidance

Apprenticeships Victoria has guidance and fact sheets for employers on supervising apprentices and trainees.

Support is available

Apprentices or trainees with concerns about their labour hire provider or host employer can contact the VRQA, and can choose to remain anonymous:

• vrqa.apprenticeships@education.vic.gov.au
• 1300 722 603

Apprentices and trainees can also access services provided by Apprenticeships Victoria:

• Apprentice Help Desk provides assistance and referrals to the VRQA and other agencies (phone: 1300 311 820).
• Apprenticeship Support Officer Program provides support and mentoring to young apprentices.
• Apprentices Employee Assistance Program offers free and confidential short-term counselling and coaching for a range of health and wellbeing matters.

There is also help available from other agencies:

• Labour Hire Authority
• WorkSafe
• Young Workers Centre

Who we spoke to and what they said

VRQA authorised officers interviewed 50 apprentices and trainees during the campaign. These apprentices and trainees:

• were aged from 20 to 40 years, with 75% aged 20–23 years
• enrolled in qualifications related to the construction industry, including the Certificate III in Electrotechnology Electrician, Certificate III in Plumbing, and Certificate III in Carpentry
• were at various stages of their apprenticeships, with most in their third year of employment, while others were in their first year or nearing completion.

Apprentices and trainees were asked about the following things:

• the work that host employers were providing
• the supervision that host employers were providing
• the equipment and facilities provided by host employers
• how their off-the-job training was going and whether they were being released to attend their RTO
• whether the labour hire employer was keeping training records up to date, including their training plans
• payment of wages and conditions
• whether they had experienced any occupational health and safety issues.

Feedback received was positive, with 42 out of 50 apprentices and trainees interviewed (84%) reporting no issues. The remaining 8 apprentices and trainees raised issues including:

• sometimes working without a supervisor present
• being without a host employer
• being provided with an insufficient range of work to support their qualification
• feeling a lack of connection or engagement with their host employer
• training delivery and scheduling issues with their RTO
• general administration problems and delays.