Training Agreement General Terms and Conditions
1. Object
1.1 The Training Agreement (‘TA’) is a contract between The Skills Organisation, the Trainee, and the Employer. It forms part of the employment
agreement or volunteer employment agreement between the Trainee and the Employer.
1.2 The TA allows the Trainee to participate in a structured training qualification program (Programme). The Programme allows the Trainee to achieve
unit standards leading to a prescribed New Zealand Qualifications Authority (‘NZQA’) qualification or program.
2. Term
2.1 The TA starts on the date the TA is registered by Skills or when the Programme starts, whichever is the earlier, but will not be effective until the TA
is registered by Skills. The TA will end on the date the Trainee completes the qualification unless it is ended earlier in accordance with clause 6 below
(‘Termination’).
3. The Employers Obligations
3.1 The Employer Agrees to:
a. Make sure that the Trainee meets all the necessary entry requirements to be a trainee under the TA.
b. Facilitate, and actively encourage, the Trainee’s participation in all learning needs assessment and training required for the Programme. This
includes releasing the Trainee to attend off-job training courses, and providing learning support to meet identified literacy, language, digital or
numeracy skills gap (if required), and meeting health and safety requirements.
c. Provide training and the opportunity to gain experience in all aspects of their apprenticeship and, where this is not possible, find another employer
who can train the Trainee in the missing areas.
d. Make sure that any on-job assessment is carried out by a Skills registered assessor.
e. Make sure that during training a Trainee is supervised by a person that meets industry licensing requirements, and the Trainee holds a current
license, where applicable, during the Programme.
f. Notify the appropriate licensing authority, where required, when the Trainee’s supervisor changes.
g. Pay the required fees to Skills by the due date, Fees are detailed in the relevant Qualification Programme Schedule (QPS) which can be
accessed at www.skillsconsultinggroup.com for Trainees an Employers to complete.
h. Pay Skills back for all costs, expenses and/or losses, (including, but not limited to, legal and collection costs) sustained by Skills in recovering the
payment.
i. Ensure that no other government funding or subsidies are received in relation to the Programme.
j. Read and understand Skills’ appeals process, reassessment charges, withdrawals and refunds policy as set out below.
k. Have and implemented, a fit-for-purpose health and safety management system which includes:
i. Having current policies and processes.
ii. Making Trainee’s aware of their Employers’ health and safety policies and processes and the Trainees’ responsibilities under those health and
safety policies and processes.
iii. Making sure trainees wear personal protective equipment (PPE) while attending any training and assessment at a training provider’s site under
the TA.
iv. Making sure Trainee’s receive a health and safety induction when attending training and assessment at a training provider’s site under the TA
outside their work.
v. Making sure the Trainee can follow reasonable instructions form a training provider and/or assessor.
vi. Making sure the Trainee understands any specific safety requirements as set by the training provider during training and assessment, and
l. Notify Skills immediately where:
i. The Trainee enrolls with any other Industry Training Organisation at any time during the course or the Programme, or
ii. The Trainee’s immigration status changes, or
iii. The Trainee’s employment or volunteer work agreement ceases, or
iv. The Employer’s business is sold.
4. The Trainee's Obligations
4.1 The Trainee agrees to:
a. Achieve the required number of credits each year, as agreed in the Programme.
b. Pay the fees for the programme, as specified in the QPS, to Skills by the due date.
c. Complete the Programme within the required time.
d. Keep a record of the training and assessment results in good order for at least a year.
e. Not apply for, or receive, any government funding or subsidy in relation to the TA.
f. Provide all necessary documentation to Skills confirming their eligibility to undertake the Programme.
g. Pay Skills back for all costs, expenses and/or losses (including but not limited to legal and collection costs) sustained by Skills in recovering any
unpaid fees.
h. Complete an initial Skills assessment for reading and/or numeracy within eight weeks of signing the TA if required and, where relevant, complete
a post-assessment before the end of the Programme.
i. Ensure that the Trainee’s license is current throughout the term of the Programme and notify the appropriate licensing authority when the
Trainee’s supervisor changes in accordance with any licensing requirements for the relevant industry.
j. Follow any specific safety related instructions from Skills’ Training Providers and Assessors during training and assessment.
k. Take reasonable care of their own health and safety.
l. Take reasonable care that their actions do not affect anyone else’s safety during training and assessment.
m. Attend any required training.
n. Notify Skills immediately where:
i. They enroll with any other transition industry training organisation at any time during the course or the Programme, or
ii. Their immigration status changes, or
iii. Their employment or volunteer/unpaid work agreement ceases.
iv. Their contact details change.
5. Skills
5.1 Skills will: .
a. Support the trainee and the employer vis their skills account manager to provide pastoral care visits both onsite and at block courses.
b. Monitor trainee progress to ensure completion of all Programme milestones.
c. Process any valid assessment results sent to skills and forward results to the trainee and NZQA.
d. Be available to assist the Employer and/or the Trainee on matters related to this TA and/or the Programme.
e. If applicable, pay for the Trainee’s Limited Licence with the relevant licensing board.
f. As far as reasonably practicable, consult and coordinate training and assessment activities and co-operate with its Providers, Assessors,
Employers and Trainees, so all can meet their joint health and safety responsibilities under this TA and the Health & Safety at Work Act (2015)
(‘Act’).
g. Provide relevant guidance and information to Providers, Assessors, Employers and Trainees, on health and safety matters when arranging
training and assessment under this TA.
h. Regularly monitor its contractors’ activities to ensure all providers and assessors fulfil their responsibilities under the Act, and in particular:
i. Make sure trainees receive a health and safety induction when attending training and assessment at a providers site outside of their workplace,
under this TA.
ii. Make sure trainees can understand and follow reasonable instructions from a training provider and/or assessor.
iii. Make sure trainees understand any specific safety requirements as set by the training provider and assessor during training and assessment
before and during training and assessment.
iv. Make sure trainees wear required personal protective (PPE) during training and assessment to complete the tasks safely.
