AMIC has recently been made aware of an employee who was ordered to back pay his school based apprentice overtime.

The apprentice worked one full day during school terms and a few extra hours on other days. He never worked enough hours in a day nor in a week to be entitled to overtime payments.


The answer can be found in the Apprenticeship contract between the employer and the apprentice.

More specifically, in the number of hours entered on the contract that the apprentice will work.

Any hours above the amount shown in the contract is deemed by the FairWork Ombudsman to be overtime.

The solution is;

  1. Ensure the hours in the Apprenticeship contract reflect the number of hours the apprentice is working. Remember the work must count toward their apprenticeship qualifications.
  2. If the apprentices’ hours change there must be mutual agreement between the parties and the hours reflected in a new Apprenticeship contract, which would have to be lodged with the State Apprenticeship body.


If you have any questions or concerns contact the Apprenticeship Network in the first instance  and then Steve Caslick at AMIC on (02) 9086 2212 or [email protected]