The Fair Work Commission cannot consider whether an employee's dismissal was unfair if the employee's employment was limited to the duration of a training arrangement and the employment ceased at the end of that arrangement.
A training arrangement is defined by the Fair Work Act 2009 as 'a combination of work and training that is subject to a training agreement, or a training contract, that takes effect under a law of a State or Territory relating to the training of employees.'
The Commission will consider whether the employee was employed under a training arrangement and whether the employment was limited to the duration of the training agreement.
The employer has the responsibility to prove that the employee was employed under a training arrangement and the employee's employment was terminated at the end of that arrangement.
If an employee is covered by an employment contract prior to being offered a training arrangement, the Commission will consider the employment contract separately to the training arrangement. The employment relationship may continue even if the training arrangement has ended.
Training arrangements can be distinguished from vocational placements. A vocational placement is a placement where the person is not entitled to be paid, is undertaken as a requirement of an education or training course and is authorised under a law or administrative arrangement.
Employees on a vocational placement are not covered by the federal industrial relations system as they are excluded from the definition of a national system employee.