New South Wales Consolidated Acts

APPRENTICESHIP AND TRAINEESHIP ACT 2001 - SECT 31

31 Preservation of conditions of employment of existing worker trainees

(1) The conditions of employment of a person who becomes registered as an existing worker trainee (including conditions with respect to superannuation, accrual of leave and other entitlements) are unaffected by the establishment of the traineeship.

(2) Such a person:

(a) is entitled to remain employed under those conditions (together with such variations of those conditions as are authorised by law) as if the traineeship had not been established, and

(b) has the same rights under any Act or law in relation to those conditions as those to which he or she would have been entitled had the traineeship not been established.

(3) In particular:

(a) the fact that a person is registered as an existing worker trainee does not invoke the provisions of any industrial award or agreement to the extent to which those provisions would diminish the conditions (including conditions with respect to superannuation, accrual of leave and other entitlements) to which the person is entitled, and

(b) the fact that a person who is registered as an existing worker trainee completes a traineeship does not authorise the employer to terminate the person’s employment with the employer.

Note: Registration of an employee as an existing worker trainee may render the employer eligible for certain payments available under Commonwealth incentive schemes.