(1) The Commissioner may from time to time make orders ( vocational training orders ) specifying the following matters in relation to the training that an apprentice or trainee who is employed in a recognised trade vocation or recognised traineeship vocation is required to undertake in connection with that vocation:
(a) the appropriate term or terms for apprenticeships or traineeships in that vocation, (b) the appropriate probationary period or periods for apprenticeships or traineeships in that vocation, having regard to the term or terms specified for them under paragraph (a), (c) the qualification or qualifications that may be awarded in relation to an apprenticeship or traineeship in that vocation, (c1) the units of competency forming part of the training for that vocation, (d) any other training to be provided in addition to the training required for an appropriate qualification, (e) such other matters relating to the training of apprentices or trainees in that vocation as the Commissioner considers appropriate. (2) The appropriate term to be specified in a vocational training order in relation to an apprenticeship or traineeship may vary according to:
(a) specified training that has previously been completed by the proposed apprentice or trainee, and (b) specified qualifications that have previously been awarded to the proposed apprentice or trainee, and (c) specified conditions to be complied with by the proposed employer, or by the proposed apprentice or trainee, under an apprenticeship or traineeship.
Note— Certain information relating to apprenticeships and traineeships established under this Division (including the names of the employer and apprentice or trainee) is required to be recorded in the register of apprenticeships and traineeships (see Division 5). Registration of a person as an employer or apprentice or trainee may render the person eligible for certain payments available under State or Commonwealth incentive schemes. Eligibility for those payments may be affected by changes in circumstances such as a variation of the training contract or training plan approved under this Division in relation to the apprenticeship or traineeship or the transfer, suspension or cancellation of the apprenticeship or traineeship.
(1) An employer who employs, or proposes to employ, a person as an apprentice or trainee may apply to the Commissioner for the establishment of:
(a) an apprenticeship in a recognised trade vocation, or (b) a traineeship in a recognised traineeship vocation. (2) Within 28 days after the date on which an employer employs a person as an apprentice or trainee, the employer must, if he or she has not already done so, apply to the Commissioner for the establishment of the relevant apprenticeship or traineeship. Maximum penalty: 100 penalty units. (3) The application:
(a) must be accompanied by the proposed training contract (as executed by the prospective employer and prospective apprentice or trainee), and (a1) must be accompanied by the training plan proposal (as endorsed by the relevant registered training organisation), and (b) must identify the industrial award or agreement that applies to the apprenticeship or traineeship concerned, and (c) must indicate the date on which the prospective apprentice or trainee began to work, or will begin to work, for the employer as an apprentice or trainee, and (d) (e) in the case of an application by an employer who proposes to place the apprentice or trainee with a host employer from the commencement of the apprenticeship or traineeship, must indicate the name, business address, ACN (if any) and ABN of the host employer with whom the apprentice or trainee is initially to be placed, and (f) in the case of an application for a traineeship, must indicate whether the prospective trainee is an existing worker trainee. (4) A training plan proposal is a document prepared by the prospective employer and prospective apprentice or trainee outlining the following matters in relation to the proposed apprenticeship or traineeship:
(a) the proposed arrangements for the provision of training to the prospective apprentice or trainee, (b) the appropriate qualification or qualifications proposed to be awarded to the prospective apprentice or trainee.
(1) The Commissioner must deal with an application for the establishment of an apprenticeship or traineeship:
(a) by approving the application, or (b) by dismissing the application, or (c)
(1) When dealing with an application for the establishment of an apprenticeship or traineeship, the Commissioner may issue a direction (a vocational training direction ) in relation to the proposed apprenticeship or traineeship.
(1) A training contract has effect as if it were a deed duly executed by the employer and the apprentice or trainee.
(1) A training plan is to be prepared in respect of each apprenticeship or traineeship. (2) A training plan for an apprenticeship or traineeship is a document prepared in accordance with the relevant vocational training order that indicates, in particular:
(a) the arrangements for the provision of training to the apprentice or trainee that have been agreed to by the employer and the relevant registered training organisation, and (b) the appropriate qualification or qualifications to be awarded to the apprentice or trainee in relation to the apprenticeship or traineeship, and (c) the units of competency forming part of the training for the relevant vocation.
(1) An employer that places an apprentice or trainee with a host employer under a host employment arrangement remains liable to fulfill the obligations imposed on the employer by this Act, but is taken to have fulfilled those obligations if they have been fulfilled by the host employer.
(1) An application for approval to the transfer of an apprenticeship or traineeship may be made to the Commissioner by the prospective employer. (2) The Commissioner must deal with the application:
(a) by approving the application, or (b) by dismissing the application, or (c) (3)
(1) An application for the variation of a training contract or training plan may be made to the Commissioner by the employer and the apprentice or trainee, or by either of them alone. (2) In the case of an application for the variation of a training plan, the application must be endorsed with the consent of the relevant registered training organisation to the proposed variation. (3) The Commissioner must deal with an application:
(a) by approving the application, or (b) by dismissing the application, or (c)
(1) The Commissioner may, on receiving a recommendation from the relevant registered training organisation or any other relevant person or body or on the Commissioner’s own initiative, make a variation to a training contract or training plan in accordance with this section. (2) A technical variation may be made at any time at the discretion of the Commissioner.
(1) The Commissioner may, on the application of the employer and the apprentice or trainee (or either of them alone) or on the Commissioner’s own initiative, suspend or cancel an apprenticeship or traineeship.
(1) As soon as practicable after an apprentice:
(a) has completed his or her term of apprenticeship in a recognised trade vocation, and (b) has been awarded an appropriate qualification by the relevant registered training organisation, and (c) has, if required by the Commissioner, been assessed by any other registered training organisation nominated by the Commissioner as having acquired the competencies of that vocation, the Commissioner must issue the apprentice with a certificate of proficiency for that vocation.
(1) The Commissioner is to establish and maintain a register of apprenticeships and traineeships.
(1) In this section: Defence Force means the Defence Force of the Commonwealth.service adult trade training means training undertaken by a member of the Defence Force under a scheme (not involving apprenticeship) for the trade training of persons who are of or above the age of 17 years.service apprenticeship means an apprenticeship served by a person as a member of the Defence Force.
(1) A person may apply to the Commissioner for recognition of the person’s qualifications or experience in a particular recognised trade vocation. (2) The Commissioner may require the applicant to undergo an assessment by a registered training organisation nominated by the Commissioner to determine whether the applicant has acquired the competencies of the recognised trade vocation (an independent competency assessment ).(3) A registered training organisation may not be nominated to conduct an independent competency assessment if the organisation has previously provided training to the applicant in the recognised trade vocation.
(1) If the Commissioner is satisfied that an applicant for recognition of qualifications or experience in a particular recognised trade vocation (other than a certified vocation) has acquired the competencies of the vocation, the Commissioner may determine that the applicant is adequately trained to pursue that vocation. (2) A recognised trade vocation is a certified vocation if a person is required to have a certificate of proficiency in order to obtain a licence, permit or other authority under an Act to work in the vocation.(3) In making a determination under subsection (1), the Commissioner must have regard to:
(a) the length of time for which the applicant has been working in the recognised trade vocation, and (b) the nature and duration of any instruction or training received by the applicant in the recognised trade vocation, and (c) the nature of any qualifications held by the applicant in relation to the recognised trade vocation, and (d) any expert advice obtained in connection with the application, and (e) the applicant’s performance in any examination or test set by the Commissioner or any independent competency assessment, and (f) such other matters as the Commissioner considers relevant.
(1) The Commissioner is to refer a complaint made by a party to an apprenticeship or traineeship to a conciliator in the first instance.
(1) The Commissioner is not bound by the rules of evidence, and may be informed in any manner that the Commissioner thinks fit.
(1) A party to a complaint is not entitled to be represented by an Australian legal practitioner except with the consent of the Commissioner and of each of the other parties to the hearing.
(1) The Commissioner:
(a) may require a person:
(i) to attend a hearing for the purpose of giving evidence, or (ii) to produce to the Commissioner any document that is relevant to a hearing, at a time, date and place specified in a notice served on the person, and (b) may require a person who attends a hearing to be sworn for the purpose of giving evidence on oath, and (c) may administer an oath to a person who attends a hearing for the purpose of giving evidence.
(1) The Commissioner may require a person who attends a hearing to answer any question that is reasonably related to the hearing.
(1) The Commissioner must determine a complaint made under section 39 (1) or (2):
(a) by cautioning or reprimanding the person against whom the complaint has been made, or (b) by ordering the person against whom the complaint has been made to make such redress (otherwise than by way of damages for breach of contract) as the Commissioner considers appropriate, or (c) by varying, suspending or cancelling the apprenticeship or traineeship to which the complaint relates, or (d) by dismissing the complaint. (2) A complaint must not be determined as referred to in subsection (1) (a), (b) or (c) unless the Commissioner is satisfied that the person against whom the complaint has been made:
(a) has failed to discharge his or her obligations under the apprenticeship or traineeship to which the complaint relates, or (b) has failed to comply with the requirements of this Act.
(1) If, in determining a complaint against an employer under section 39 (1) or (2), the Commissioner is of the opinion that it is appropriate to do so in the public interest, the Commissioner:
(a) may make an order declaring the employer to be a prohibited employer (a prohibition order ), and(b) if the Commissioner does so, may make a further order authorising the transfer to other employers of all or specified apprenticeships and traineeships to which the employer is party (including any apprentice or trainee involved in the proceedings on the complaint). (1A) A prohibition order may be unlimited or limited as to particular circumstances specified in the order.
(1) An industry training officer may exercise any one or more of the following powers for the purpose of exercising the functions of such an officer under this Act:
(a) the officer may enter any premises or place in or on which a recognised trade vocation or recognised traineeship vocation is conducted, (b) the officer may examine:
(i) any plant, equipment, material or substance used in relation to any such vocation, and (ii) any document relating to any such vocation, found in or on the premises or place, (c) the officer may take copies of, or extracts or notes from, any document relating to any such vocation found in or on the premises or place, (d) the officer may require any person found in or on the premises or place to produce:
(i) any plant, equipment, material or substance used in relation to any such vocation, or (ii) any document relating to any such vocation, that is in the possession or under the control of that person. (2) A person must not fail to comply with a requirement made by an industry training officer under subsection (1) (d). Maximum penalty: 200 penalty units.
(1) An industry training officer may apply to an authorised officer for a search warrant if the officer has reasonable grounds for believing that a provision of this Act or the regulations is being or has been contravened in or on any premises or place. (2) An authorised officer to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an industry training officer named in the warrant:
(a) to enter the premises or place, and (b) to search the premises or place for evidence of a contravention of this Act or the regulations.
(1) A penalty notice officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence. (2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.
(Section 84)
(Section 3)