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TRAINING AND SKILLS DEVELOPMENT ACT 2008 (NO 30 OF 2008) - SECT 48

TRAINING AND SKILLS DEVELOPMENT ACT 2008 (NO 30 OF 2008) - SECT 48

48—Approval of training contracts

        (1)         An employer must, within 4 weeks after executing a contract by which the employer undertakes to train a person in a trade, apply to the Commission for approval of the contract.

Maximum penalty: $5 000.

Expiation fee: $315.

        (2)         An employer must, within 4 weeks after executing a contract with a person that is intended to be a training contract under this Part, apply to the Commission for approval of the contract.

Maximum penalty: $5 000.

Expiation fee: $315.

        (3)         An application for approval must be made by the employer party to the contract to the Commission in the manner and form approved by the Commission.

        (4)         The applicant must provide the Commission with any information required by the Commission for the purposes of determining an application for approval of a contract as a training contract.

        (5)         The Commission may decline to approve a contract as a training contract if—

            (a)         the employer is not a registered employer; or

            (b)         the contract—

                  (i)         is not in the form of the standard form contract; or

                  (ii)         does not contain conditions required by this Part; or

                  (iii)         is not accompanied by the training plan for the contract; or

            (c)         the qualification to which the contract relates is, in the opinion of the Commission, an inappropriate qualification for a training contract; or

            (d)         the employer or apprentice/trainee will be unable, in the opinion of the Commission, to fulfil the obligations under the contract of the employer or the apprentice/trainee (as the case may be); or

            (e)         a term of the contract is, in the opinion of the Commission, prejudicial to the interests of the apprentice/trainee; or

            (f)         for any other reason that is, in the Commission's opinion, a proper reason as to why the contract should not be approved.

        (6)         The Commission must notify the employer and apprentice/trainee in writing of the Commission's decision on an application and, if the Commission approves a contract as a training contract, the date of approval of the contract.

        (7)         The date entered in the contract as the date on which the apprenticeship/traineeship of the person will commence will, from the date of approval of the training contract, be taken to be the date on which the training contract commenced.

        (8)         Except as authorised by the Commission, an employer must not continue to train a person in a trade if the Commission has declined to approve the contract entered into with the person for that purpose.

Maximum penalty: $5 000.

Expiation fee: $315.