Commonwealth Consolidated Acts

TRADESMEN'S RIGHTS REGULATION ACT 1946 - SECT 33E

             (1)  The provisions of sections forty‑one and forty‑two, and paragraph (b) of subsections (2) and (4) of section forty‑three, of this Act shall not apply in relation to trades to which this Part applies.

             (2)  If a Local Committee is satisfied, upon application by any person, that:

                     (a)  that person is a recognized tradesman within the meaning of paragraph (a), (b) or (ba) of the definition of recognized tradesman;

                    (aa)  that person is included in a class of persons, and satisfies the conditions in relation to that class, determined by the Central Committee under paragraph (b) of subsection (1) of section thirty‑four of this Act;

                     (b)  that person is a probationary tradesman who has satisfactorily completed a period of probationary employment, training or training in employment required by the Committee; or

                     (c)  that person has qualified or qualifies in a country other than Australia, by training and employment, in accordance with the laws and customs of that country, for employment in that country as a tradesman in a trade, or in a trade substantially corresponding with a trade, to which this Part applies and his training and employment are such as to provide the skill necessary for the performance in Australia of work ordinarily performed by a recognized tradesman;

the Committee may, if it thinks fit, grant to that person a tradesman's certificate.

          (2A)  If a Local Committee is satisfied, upon application by any person, that that person would be a recognized tradesman within the meaning of paragraph (ba) of the definition of recognized tradesman but for the fact that he was not employed as a tradesman within the period of one month before the commencement of the Tradesmen's Rights Regulation Act 1952 and that, but for special circumstances which prevented him, he would have been so employed, the Committee may, if it thinks fit, grant to that person a tradesman's certificate.

             (3)  If a Local Committee is satisfied that an adult member of the Forces could, within a period required by the Committee, acquire the skill necessary for the performance of work ordinarily performed by a recognized tradesman, and that the employment of recognized tradesmen would not thereby be prejudiced, the Committee may, on the application of that member, authorize the training and employment, subject to the applicable provisions of section forty‑three of this Act, of that member as a probationary tradesman in a trade to which this Part applies.

             (4)  An application under subsection (3) of this section shall, unless a Local Committee in a particular case otherwise permits, be made within six months after the date of discharge of the member of the Forces.

             (5)  Before issuing a certificate to, or authorizing the employment of, any person in accordance with this section, the Committee may require that person to undergo a test of competence in or for the trade to which he seeks to be admitted.

             (6)  The employer of a probationary tradesman shall pay him at a rate not less than the rate of the wage prescribed by the appropriate standard, pay or classification scale, award, order, determination or industrial agreement for adult males employed in the trade in which he is authorized to be employed.

             (7)  Probationary tradesmen shall be deemed not to be journeymen for the purpose of computing the number of apprentices who may be employed by an employer in accordance with the appropriate law or award, order, determination or industrial agreement.