CONTENTS

2Executive Summary

3About the Campaign

Background

Commercial cookery

Purpose

Communications

Investigation

Outcomes

Next steps

5About VRQA Campaigns

Regulatory context

EXECUTIVE SUMMARY

Apprenticeship regulation is vital to ensuring quality in Victoria’s training system.

The VRQA conducted an investigative campaign into commercial cookery apprenticeships during 2015.

The campaign aimed to identify and remedy non-compliance with regulatory requirements and to help commercial cookery apprentices and their employers to understand their rights and obligations.

Active commercial cookery apprentices and their employers were notified of the campaign during March 2015.

The VRQA investigated 76employers employing 152commercial cookery apprentices.

The campaignfound non-compliances among the employers relating to:

  • inappropriate supervision
  • inappropriate work tasks or facilities
  • a lack of structured release for training and/or apprentices not being paid to attend training
  • limited understanding of regulatory obligations.

As a result of the campaign:

  • 45employers have had or will have their approval to employ commercial cookery apprentices revoked
  • 93training contracts have been cancelled (including 29 training contracts voluntarily cancelled by apprentices and employers).

Affected apprentices are able tocontinue their apprenticeships with different employers approved to employ commercial cookery apprentices.

ABOUT THE CAMPAIGN

Background

Qualifications earned through apprenticeships and traineeships are a cornerstone of our training system. They provide a pathway into skilled jobs and careers, and assure employers that those who hold qualifications are competent.

This system can be undermined by poor practiceshowever.

The 2015 Review of Quality Assurance in Victoria’s VET System report states:

‘where quality is lacking (or is perceived to be), the skills developed and/or the currency of qualifications is diminished, which in turn reduces the return on both public and private investment.’

Apprenticeship regulation is vital to ensuring quality in the training system.

Commercial Cookery

A commercial cookery apprenticeship is a pathway to becoming a qualified chef. It generally takes around three years to completea commercial cookery apprenticeship (full-time).

Commercial cookery apprentices made up seven per cent of active apprentices and trainees in Victoria in 2014 (Figure 1), making them the third-largest group of apprentices in Victoria.

These apprentices are enrolled in the Certificate III in Commercial Cookery (or equivalent qualification), which requires them to cook a variety of foods from scratch using various cooking techniques. For example, core requirements include cooking soups, appetisers, meat, seafood and vegetable dishes, cakes, pastries, breads and desserts.

Apprentices are employed under a standard national training contract that lists their obligations and those of their employers.

Under a training contract, employers need to provide appropriate supervision, work and equipment to support their apprentices to gain the necessary skills and experience.

It is generally not appropriate for commercial cookery apprentices to be employed in a takeaway or fast food setting, or a business that produces a narrow range of foods. This is because the work provided does not support apprentices to gain all of the required skills and experience.

Purpose

The purpose of the VRQA commercial cookerycampaign was to:

  • identify and remedy non-compliance with regulatory requirements.
  • helpemployers and apprentices to understand their rights and obligations under the training contract.
Communications

The VRQA notified active commercial cookery employers and apprentices in March 2015 that the campaign was underway.

  • SMS message sent to 3,063 apprentices.
  • e-mail sent to 874 employers.

The employers and apprentices were provided with the Employer Checklist, allowing them to consider their own compliance with their obligations under the training contract.

Investigation

The VRQA commercial cookery apprenticeships campaign involved:

  • risk assessment to identify employers and apprentices at risk of not meeting regulatory requirements
  • investigation of 76employers employing 152commercial cookery apprentices across Victoriavia authorised officer visits.

The VRQA worked with stakeholders to design
and implement the campaign, including hospitalityindustry groups, and state and Commonwealth Government agencies.

Outcomes

The investigation found non-compliance among the employers relating to:

  • inappropriate supervision, e.g. supervisors were not appropriately experienced or qualified, or supervision was inadequate
  • inappropriate work tasksor facilities, e.g. the employers did not provide sufficient equipment or opportunities for apprentices to satisfy requirements of the Certificate III in Commercial Cookery
  • lack of release for training, e.g. apprentices were not being released from work duties to attend structured training, or were not paid whilst training
  • limited understanding of regulatory obligations.

Employers found not to be meeting their regulatory obligations were requested to show cause as to:

  • why apprentices’ training contracts should not be cancelled; and/or
  • why the employer’s approval to employ commercial cookery apprentices should not be revoked.

As a result of the campaign:

  • 93 training contracts have been cancelled, including 29 voluntary cancellations
  • 45 employers have had or will have their approval to employ commercial cookery apprentices revoked.

Employers that had their approval to employ commercial cookery apprentices revoked included takeaway and fast foodstores, coffee shops and bakeries.

Next steps

The VRQA is responding to the commercial cookery campaign as follows:

  • further authorised officer visits
  • working with other agencies, e.g. providing information to state and Commonwealth Government regulators to assist with their investigations
  • providing information for employers and apprentices, e.g. developing resources to assist employers and apprentices.

A plain-English Employer Checklistand the Know Your Rights and Responsibilities video have been produced by the VRQA to assist all employers and apprentices and trainees to understand and meet their regulatory obligations.

These resources are available from

ABOUT VRQA CAMPAIGNS

The VRQA investigates specific industries, qualifications or workplace issues as part of campaign activities.

Campaigns are conducted to identify and remedy non-compliance with regulatory requirements and to help apprentices, trainees and their employers to understand their rights and obligations under the training contract.

VRQA apprenticeship and traineeship campaigns may include the following activities:

  • investigating and monitoring compliance with regulatory and training contract obligations and taking action where necessary
  • working with stakeholders to explore and respond to regulatory issues
  • educating employers, apprentices and trainees about their rights and obligations under training contracts.

A campaign may be initiated following a VRQA risk assessment or in response to industry intelligence.

The VRQA consults with industry stakeholders and other State and Commonwealth Government agencies to gather intelligence relating to employers and registered training organisations involved in delivering apprenticeships and traineeships.

Regulatory Context

The VRQA regulates apprenticeships and traineeships in Victoria under the Education and Training Reform Act 2006 (The Act).

Apprentices and trainees are employed under training contracts, which include obligations and requirements that must be met by employers, apprentices and trainees.

Employers must be approved by the VRQA to employ apprentices and trainees under a training contract. The VRQA considers several factors when deciding whether to approve an employer, including:

  • the premises that the apprentice will be employed in
  • the equipment and methods used in training
  • the qualifications, knowledge and skill of supervisors
  • that the employer and any supervisors are ‘fit and proper’ (section 5.5.7 of the Act).

Employers have obligations under a training contract to:

  • ensure that the apprentice is trained in accordance with an approved training scheme
  • allow the apprentice to comply with the approved training scheme if all or part of the scheme is conducted during working hours (section 5.5.8 of the Act).

Training delivered during an apprenticeship or traineeship involves nationally recognised vocational training courses. Not all training
courses can be delivered via an apprenticeship
or traineeship.

The VRQA develops Approved Training Schemes to identify training courses that can be delivered as part of an apprenticeship or traineeship. These schemes include minimum requirements such as the maximum duration for the apprenticeship or traineeship, minimum weekly hours of employment, and probationary periods.

Where an employer does not meet the requirements of one or more of the above matters and obligations, the VRQA may cancel or suspend a training contract, or revoke an employer’s approval to employ apprentices and trainees
in Victoria.

Employers, apprentices and trainees are monitored by the VRQA to ensure all parties meet their regulatory and training contract obligations. This includes approximately 4,500 visits to workplaces each year by authorised officers. The VRQA’s Apprenticeship Administration Unit answers approximately 2,000 telephone calls per month from apprentices and employers.

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