TRAINING AND SKILLS DEVELOPMENT ACT 2008 (NO 30 OF 2008) - SECT 65
TRAINING AND SKILLS DEVELOPMENT ACT 2008 (NO 30 OF 2008) - SECT 65
65—Other matters to be dealt with by Industrial Relations Commission
(1) If—
(a) a
dispute arises between parties to a training contract; or
(b) a
party to a training contract is aggrieved by the conduct of another party,
a party to the contract may apply to the Industrial Relations Commission for
consideration of the matter.
(2) The
Industrial Relations Commission may, if it thinks fit, by order, exercise
1 or more of the following powers in relation to a matter before the
Industrial Relations Commission:
(a) it
may make recommendations to the Commission about the assessment of the skills
of an apprentice/trainee and, if appropriate, the granting of an appropriate
qualification under the AQF;
(b) it
may reprimand a party in default;
(c) it
may suspend the employment of an apprentice/trainee (for a period not
exceeding 4 weeks) commencing on a date specified in the order;
(d) it
may confirm, extend (for a period not exceeding 4 weeks) or revoke a
suspension imposed by an employer under section 64 and, in the event of
revocation—
(i)
order the employer to pay any remuneration, or
compensation for any non-monetary benefit, to which the apprentice/trainee
would, but for the suspension, have been entitled; and
(ii)
order the employer to treat the period of suspension as
service for specified purposes;
(e) it
may extend or reduce the term of, or otherwise vary, a training contract;
(f) it
may terminate a training contract as at the date specified in the order;
(g) it
may order an employer to pay any remuneration to which an apprentice/trainee
is entitled;
(h) it
may order an employer to pay compensation for any breach of the
training contract;
(i)
it may order a party to a training contract to take any
other action that, in the opinion of the Industrial Relations Commission, the
party is required to take under the contract or under this Part;
(j) it
may excuse a party to a training contract from performing 1 or more of
his or her obligations under the contract;
(k) it
may order that, for the purpose of computing the period of training that has
been served by an apprentice/trainee, a specified period or specified periods
be excluded;
(l) it
may vary, suspend or cancel the registration of an employer granted by the
Commission under this Part;
(m) it
may order an employer not to employ any apprentices/trainees in addition to
those named in the order without the approval of the Industrial
Relations Commission;
(n) it
may make any consequential orders that the Industrial Relations Commission
thinks necessary or expedient.
(3) The Commission
may, without further inquiry, accept and act on any recommendation of the
Industrial Relations Commission under this Division.
(4) The term of a
training contract must be computed and the contract must be construed and must
apply in accordance with an order made by the Industrial Relations Commission
under this Division.
(5) The cancellation
or suspension of the registration of an employer by the
Industrial Relations Commission under this Division may relate to a particular
apprentice/trainee or to all apprentices/trainees employed by the employer.
(6) Notice must be
given by the Industrial Relations Commission to the Commission of the outcome
of any application or reference of a matter under this Division.
(7) A person must not
contravene an order of the Industrial Relations Commission under this
Division.
Maximum penalty: $5 000.
(8) An application to
the Industrial Relations Commission under subsection (1) must be made
during the term of the relevant training contract or within 6 months after the
expiry, termination or cancellation of the relevant training contract.
(9) The
Industrial Relations Commission may extend the time within which any such
application may be made.
(10) In this
section—
"party to a training contract" or "party" includes a person who was formerly a
party to a training contract.