New South Wales Consolidated Acts

APPRENTICESHIP AND TRAINEESHIP ACT 2001 - SECT 52

52 Orders for compensation

(1) If:

(a) the Tribunal dismisses a complaint made by an employer, and

(b) an apprenticeship or traineeship has been suspended by the Commissioner pending the hearing of the complaint, and

(c) the employer has, under the terms of employment between the employer and the apprentice or trainee:

(i) failed to give to the apprentice or trainee the whole, or any part, of any right or benefit (whether by way of remuneration or otherwise) to which the apprentice or trainee would, but for the suspension, be entitled, or

(ii) failed to contribute to any superannuation scheme the whole, or any part, of any payment which the employer would, but for the suspension, be required to contribute in relation to the apprentice or trainee,

the Tribunal must direct the employer to pay to the apprentice or trainee, and to contribute to any such scheme, specified amounts equivalent to the value of any right or benefit that the employer has failed to give or the amount of any payment that the employer has failed to contribute.

(2) On the filing in the office or registry of a court having jurisdiction to order payment of an amount so specified of:

(a) a copy of the direction, certified by the Commissioner to be a true copy, and

(b) an affidavit by the apprentice or trainee specifying the amount unpaid under the direction,

the direction is taken to be a judgment of that court for that amount.