Fair Work Convention Construction Industry Inquiry report: SG response

Apprenticeships

17 – Apprenticeship Registration

FWC Recommendation 17

The Scottish Government should work with SDS, SQA and CITB to reinstate the need to register with trade associations / federations and employers should be required to pay collectively bargained rates as part of the apprenticeship agreement, as was the case prior to 2017.

SG Response

Status: Accept in principle, as the CITB is a reserved matter.

Response:

The need for apprentices to register with trade federations was previously a CITB requirement; the CITB is a reserved matter and as such Scottish Government cannot compel apprentices to undertake formal registration.

Implementation / Progress:

We will convene a meeting in early 2024 with the relevant stakeholders on how we can work in partnership to address their concerns.

18 – Apprenticeship Pay

FWC Recommendation 18

SDS should take action to support apprenticeship pay including by:

• Conducting a review of current apprenticeship pay in Construction and publishing the findings;
• Reviewing all documentation to ensure that it promotes and encourages collectively bargained rates or where these are absent the Real Living Wage, and consistent messages are offered to both apprentices and employers.

SG Response

Status: Accept in principle

Response:

Generally, officials are supportive of a review of apprentices pay in Scotland and the review of SDS documentation, as this would help encourage employers to pay apprentices the real Living Wage.

SDS do not have a locus to compel employers to pay collectively bargained rates or to monitor individual salaries, but we will discuss the potential for apprentice surveys on pay.

Implementation / Progress:

SDS has updated all apprentice documentation for contracting 2024/25 including promotion of the requirement to pay the appropriate wage and encouraging real Living Wage.

19 – FW Apprenticeship Coordinator

FWC Recommendation 19

Continued funding and support should be provided for the Fair Work Apprenticeship Coordinator role, which has been valuable for supporting the Effective Voice of apprentices.

SG Response

Status: Accepted

Response:

Funding has been confirmed for the Fair Work Apprenticeship Coordinator role for 2023/24.

Implementation / Progress:

Budget discussions for 2024/25 are ongoing and we will advise on future funding for the post as soon as possible.

20 – Apprenticeship Frameworks

FWC Recommendation 20

SDS should ensure there is full and consistent partnership working between SDS, SQA, CITB, trade unions, employers and trade associations/federations in agreeing apprenticeship frameworks, with an aim to see all construction apprentices trained to SVQ level 3 (SCQF Level 6) or above.

SG Response

Status: Accepted

Response:

We note that frameworks have recently been developed at SCQF Level 5 in response to employer demand.

Taking this into consideration we will ensure existing frameworks are retained at current level and that Construction Apprentices will be trained to the appropriate SCQF Level to maintain the quality and integrity of our apprenticeships, as determined by partners including SDS, SQA, CITB, trade unions, employers and trade associations/ federations.

Implementation / Progress:

The Technical Expert Group (TEG) process is underway for construction frameworks and this includes representation from SDS, SQA, CITB, trade unions, employers and trade associations/ federations.

21 – Shared Apprenticeship Schemes

FWC Recommendation 21

SDS to work with CITB, employers, trade associations/ federations and trade unions to develop principles for taking forward a shared apprenticeship scheme successfully and in line with fair work principles.

SG Response

Status: Accepted

Response:

There are already criteria for shared apprenticeships that any future pilots and programmes must adhere to, which include fair work principles.

SDS shares the SG criteria and principles for Shared Apprenticeships with all parties interested in developing such an approach.

Employer evidence shows that 92% of all employers offering apprenticeships (c.15k) are categorised SME and 50% are Micro Businesses. This data demonstrates that Micro and Small businesses can offer apprenticeships using the normal model and there is no additional need for a shared apprenticeship. Additionally, work was undertaken by Prof Alan McGregor which demonstrates the lack of support by micro business for the shared apprenticeship model.

Implementation / Progress:

The Scottish Government and SDS are willing to discuss proposals which are focused on supporting microbusinesses to participate in apprenticeships, alignment with fair work principles and positive experiences and outcomes for apprentices.