New South Wales Consolidated Acts

APPRENTICESHIP AND TRAINEESHIP ACT 2001 - SECT 9

9 Dismissal of certain applications

(1) An application for establishment of an apprenticeship or traineeship must be dismissed unless the Commissioner or Tribunal, as the case may be, is satisfied:

(a) that the employer can provide the work-based component of the required training in the relevant vocation, and

(b) in the case of an application by an employer who proposes to place the apprentice or trainee with a host employer from the commencement of the apprenticeship or traineeship, that the host employer with whom the apprentice or trainee is initially to be placed is available to provide appropriate training to the apprentice or trainee.

(2) An application for the establishment of a trainee apprenticeship may be dismissed if the Commissioner or Tribunal, as the case may be, is satisfied that a trainee apprenticeship is inappropriate in the circumstances of the case, despite the fact that the relevant industrial award or agreement recognises that the apprenticeship may be undertaken as a trainee apprenticeship.