New South Wales Consolidated Acts

APPRENTICESHIP AND TRAINEESHIP ACT 2001 - SECT 12

12 Training contracts are binding

(1) A training contract has effect as if it were a deed duly executed by the employer and the apprentice or trainee.

(2) Subject to section 11:

(a) the training contract for a full apprenticeship binds the employer and the apprentice:

(i) from the time the employer is notified that the establishment of the apprenticeship has been approved, or

(ii) from the end of the probationary period,

whichever is the later, until the end of the term of the apprenticeship, and

(b) the training contract for a trainee apprenticeship binds the employer and the apprentice from the time the employer is notified that the establishment of the apprenticeship has been approved until the apprentice ceases to be in the employ of the employer, and

(c) the training contract for a traineeship binds the employer and the trainee:

(i) from the time the employer is notified that the establishment of the traineeship has been approved, or

(ii) from the end of the probationary period,

whichever is the later, until the end of the term of the traineeship.

(3) Any time during which an employer has employed a person as an apprentice or trainee is taken to form part of the term of the person’s apprenticeship or traineeship.