New South Wales Consolidated Acts

APPRENTICESHIP AND TRAINEESHIP ACT 2001 - SECT 26

26 Commissioner may direct apprenticeship to have effect

(1) If an employer fails to apply for the establishment of an apprenticeship within 28 days after the employer employs a junior as an apprentice, the Commissioner may, on the application of the junior, direct that an apprenticeship contract be taken to have come into effect between the employer and the junior.

(2) As soon as practicable after giving such a direction, the Commissioner:

(a) must serve a document in the form of an apprenticeship contract (endorsed by the Commissioner to indicate that it has been prepared pursuant to a direction under this section) on the employer, and

(b) must send a copy of the document to the apprentice.

(3) Subject to this Act, an apprenticeship contract under this section:

(a) takes effect when the document referred to in subsection (2) (a) is served on the employer, and

(b) has effect as if it were a deed duly executed by the employer and the apprentice.

(4) Any time during which the employer has employed the apprentice as an apprentice prior to the giving of the direction referred to in subsection (1) is taken to form part of the term of the apprenticeship.