Commonwealth Consolidated Acts

TRADESMEN'S RIGHTS REGULATION ACT 1946 - SECT 41

             (1)  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), (c) or (ca) of the definition of recognized tradesman;

                     (b)  that person is a member of the Forces who has, during the period of the war, acquired, by reason of his service in the Forces, the skill necessary for the performance of work ordinarily performed by a recognized tradesman;

                    (ba)  that person has acquired, by reason of service in the Permanent Forces of the Defence Force of the Commonwealth, the skill necessary for the performance of work ordinarily performed by a recognized tradesman;

                    (bb)  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;

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

                     (d)  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.

          (1A)  If a Local Committee is satisfied, upon application by any person, that that person would be a recognized tradesman within the meaning of paragraph (ca) 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.

          (1B)  Subsection (1) of this section, when incorporated and read as one with Part V of this Act, shall be read as if the reference to paragraph (ca) of the definition of recognized tradesman were omitted, and the last preceding subsection shall not be incorporated with that Part.

             (2)  If a Local Committee is satisfied that an adult member of the Forces who, during the period of the war, has had training and experience in the Forces in a trade to which this Part applies could, within a period not exceeding twelve months, acquire the skill necessary for the performance of work ordinarily performed by a recognized tradesman, the Committee may, on the application of that member, authorize the employment, subject to the provisions of section forty‑three of this Act, of that member as a probationary tradesman in a trade to which this Part applies.

             (3)  If a Local Committee is satisfied that a member of the Forces who:

                     (a)  during the period of the war has had training and experience in the Forces in a trade to which this Part applies; and

                     (b)  was certified by a Regional Training Committee to be eligible for training benefits under the Commonwealth Reconstruction Training Scheme established under Part III of the Re‑establishment and Employment Act 1945 ;

could, within a reasonable period, acquire the skill necessary for the performance of work ordinarily performed by a recognized tradesman, the Committee may, upon the application of that member, authorize the employment, subject to the provisions of section forty‑three of this Act, of that member as a trainee tradesman for the purpose of undergoing a course of training in an industrial establishment in a trade to which this Part applies.

          (3A)  If a Local Committee is satisfied that a member of the Forces as defined in section one hundred and thirty‑nine of the Re‑establishment and Employment Act 1945‑1952 (immediately before its repeal) who has had experience in a trade to which this Part applies and is eligible for vocational training benefits under regulations made under the Repatriation Act 1920‑1951 could, within a reasonable period, acquire the skill necessary for the performance of work ordinarily performed by a recognized tradesman, the Committee may, upon the application of that member, authorize the training and, subject to the provisions of section forty‑three of this Act, the employment of that member as a trainee tradesman for the purpose of undergoing training in an industrial establishment in a trade to which this Part applies.

             (4)  An application under subsection (2), (3) or (3A) 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 granting 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 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)  The employer of a trainee tradesman shall pay him at a rate not less than the difference between 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 and the rate of the allowance payable to him from time to time under the Commonwealth Reconstruction Training Scheme or under a scheme of vocational training established under regulations made under the Repatriation Act 1920‑1951 .

             (8)  Probationary tradesmen and trainee 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 Australian Pay and Classification Scale, the appropriate law or award, order, determination or industrial agreement.