Hey Ozbargain,
Long time lurker but i'm asking a question on behalf of my house mate, here's the backstory. Lets say his name is Tim -
Tim is an apprentice for a WA plumbing company. Hes worked as an apprentice for the last 4-5 years with the same company and is about to get his plumbers ticket from TAFE which the company has paid for. The Boss/Owner, has approached him and noticed he will be wrapping up his apprenticeship very soon. He's informed him once that he gets his final qualification, he has to quit and re-apply to be a plumber in the same company, doing the exact same job.
Sending alarm bells, he's accrued all this leave over the half decade (claimed only 5 days, lots saved) and wanted to get an accurate amount to what he's saved. He's been told by the small office team that "The Boss/Owner" has to be informed first, before they detail the amount of days.
He's been a long time employee, on salary, not contract. And once he gains his qualification, they will have to pay him off apprenticeship base wage
For me this flags as fair work act issue, and hes also said this bloke is a little dodgy. Though, I work in CS, and have no idea how the Apprentice world works. But I've told him to get everything in writing from this point onwards.
Is there anything he can from this point until when he gains his qualification? Who would he seek help from? Any governing bodies?
Cheers!
Well on the plus side he will still have a job. Basically you can be an apprentice engaged just for the length of your apprenticeship or as a normal ongoing employee whose work will continue on thereafter…. Which one Tim is may not be clear, employment contact may say. If option 1 then I see why the employer would ask him to resign at the end…. The employer could as well do nothing other than say you're apprenticeship is ending so your job is ending… If you want you can start again as a tradie. Apprentices engaged for a fixed term (such as an apprenticeship) don't need a notice period, the FW Act excludes the requirement for notice for fixed term engagements.
If I was their employer I would do this, would be legal if done rightand save the business money in the long run. Business will need to pay out his annular leave and any wages owing.
Btw thw I do above might be different if he doesn't work for a Pty Ltd in WA. If not a Pty Ltd, call wage line. If a company, call fair work ombudsman.