New South Wales Consolidated Acts

APPRENTICESHIP AND TRAINEESHIP ACT 2001 - SECT 21

21 Variation of training contracts and training plans

(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) by referring the application to the Tribunal.

(4) The Tribunal must deal with a referred application:

(a) by approving the application, or

(b) by dismissing the application.

(5) In the case of an application made by only one of the parties, the Commissioner must send a notice to the other party requesting the party to notify the Commissioner whether or not the party consents to the variation.

(6) If the Commissioner does not receive any reply to such a request within 21 days after the date on which the notice was sent:

(a) the consent of the party to whom the notice was sent is taken to have been given, and

(b) approval of the application for variation is taken to have been given on the expiry of the 21-day period.

(6A) As soon as practicable after an application is determined, the Commissioner must give notification of the determination to the following:

(a) the employer,

(b) the apprentice or trainee concerned,

(c) in the case of an application to vary a training plan-the relevant registered training organisation.

(7) If the application for variation of a training contract or training plan is approved, the training contract or training plan is taken to be varied in accordance with the approval.