TRAINING AND SKILLS DEVELOPMENT ACT 2008 (NO 30 OF 2008) - SECT 49

TRAINING AND SKILLS DEVELOPMENT ACT 2008 (NO 30 OF 2008) - SECT 49

49—Term of training contracts

        (1)         The Commission may, on the application of the parties to a training contract (or proposed training contract) for a trade or declared vocation or of its own motion, determine—

            (a)         that the whole or a part of a period of training that occurred before the date of the contract be treated as a period of training served under the contract; or

            (b)         that the whole or a part of a period of training that occurred under a previous training contract be treated as a period of training served under the contract; or

            (c)         that a period of absence of the apprentice/trainee under the training contract be excluded from consideration in computing the length of the apprentice's/trainee's service under the contract.

        (2)         Subject to subsection (3), the term of a training contract must be computed and the contract must be construed and must apply in accordance with a determination made by the Commission under subsection (1).

        (3)         If a conflict occurs between a determination of the Commission under this section and a determination of the Industrial Relations Commission, the determination of the Industrial Relations Commission prevails.

        (4)         The Commission may, by notice in writing to the parties to a training contract, increase or reduce the term of the contract.

        (5)         If the Commission is satisfied of the competence of an apprentice/trainee or former apprentice/trainee, the Commission may, of its own motion or on the application of each party to the training contract relating to the particular apprenticeship/traineeship (whether or not the contract is still in operation)—

            (a)         certify that the apprentice/trainee is to be taken to have completed the training required under the contract; and

            (b)         if the contract is still in operation—terminate the contract and relieve the parties to the contract of their obligations under the contract.

        (6)         This section does not prevent the extension or reduction of the term of a training contract by the Industrial Relations Commission.