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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44894
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I was just wondering My Son has been working for a builder

Customer Question

I was just wondering My Son has been working for a builder since January. He was put on 6 months probation and paid the wages of an apprentice. Wondering ifhe should have been paid the wages of a labourer. He has now been asked to take an apprenticeship. The employee has told him that he is to pay his apprenticeship fees. Wondering if this is correct procedure?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: This is in Victoria Australia
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 4 months ago.
Category: Australia Law
Expert:  Leon replied 4 months ago.

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Expert:  Leon replied 4 months ago.

Good Morning.

If he is not an apprentice but fully qualified he should be paid correctly.

If the employer wants to put him through the apprenticeship then they pay.

They can suggest he do an apprenticeship leaving it up to him, then it is his cost and choice if hr does it.

There is no requirement that they pay.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

Customer: replied 4 months ago.
Thank You for your input. The first Part of my question I do not think you under stood. My Son has just left school and has stared with a builder and on probation for the first six months. His employer paid him wages of an apprentice. I was wondering if this is correct or should they have been paying him as a casual employee and if so how much should they have paid him.
The second part that you answered I take it that in the Building & Construction General Onsite award 2010 says that All fess charged by the RTO and cost of text books are paid by the apprentice shall be reimbursed by the employer within 6 months of the apprentiship or within 3 months of the commencement of training or the employer may pay the RTO fees and textbooks directly. So by what you have said the employer can get out of this clause by not putting them through their apprenticeship but letting them do it themselves. The employer of my son has not paid any fees or textbooks for another apprentice employed by him and the apprentice does not always get time off to go to trade school. So this is OK then by what you have just told me?
Expert:  Leon replied 4 months ago.

Good Afternoon

It all depends on what his level of qualification was and what they agreed.

If he was full time he is entitled to annual leave and sick leave. As a casual he is not entitled to this and most casuals are not on probation as their employment starts and ends each day.

Yes that is correct. If the employer is not making he education part of the employment then your son would be choosing to do this himself.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon