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EDUCATION AND TRAINING REFORM ACT 2006 - SCHEDULE 4

EDUCATION AND TRAINING REFORM ACT 2006 - SCHEDULE 4

Schedule 4—State training and employment provisions

Sections 5.5.4, 5.5.5

        1     Definitions

In this Schedule—

"approved training" means training undertaken (both on or off the job) under an approved training scheme;

"training contract" means a training contract entered into under an approved training scheme.

Sch. 4 cl. 2 amended by No. 39/2012 s. 24.

        2     Application

The Authority may, by notice published in the Government Gazette, declare any class of training contract to be a class of training contract to which this Schedule does not apply.

        3     Objective

The objective of this Schedule is to assist in the establishment of a system of apprenticeships which provides approved training in conjunction with employment in order to enhance the skill levels and future employment prospects of apprentices, particularly young people and the long term unemployed. The system is neither designed nor intended for those who are already trained and job ready. It is not intended that existing employees shall be displaced from employment by apprentices.

        4     Training conditions

    (1)     The employer must during the duration of the training contract provide a level of supervision that is in accordance with that agreement and the approved training scheme.

    (2)     Training must be directed at enabling the apprentice to attain the standards of skill and knowledge required by the approved training scheme to be attained by persons undertaking the scheme.

        5     Employment conditions

    (1)     An employer must not terminate the employment of an apprentice without having provided written notice of termination in accordance with the training contract

        (a)     to the apprentice, before the termination; and

Sch. 4 cl. 5(1)(b) amended by No. 39/2012 s. 25.

        (b)     to the Authority, within 5 working days after the termination.

Sch. 4 cl. 5(2) amended by No. 39/2012 s. 25.

    (2)     An employer who decides not to continue the employment of an apprentice on the completion of the approved training scheme must notify the Authority in writing of that decision.

    (3)     If the employment of an apprentice is continued after the completion of the approved training scheme, that period of training must be regarded as service with the employer for the purposes of any provision made by or under any Act conferring entitlements on an employee having regard to his or her period of service.

    (4)     A training contract may restrict the circumstances under which an apprentice may work overtime or shiftwork in order to ensure that the approved training scheme is satisfactorily completed.

    (5)     An apprentice must not work shiftwork unless the apprentice and the employer have agreed that satisfactory provision is made for approved training under the relevant approved training scheme. Training for shiftwork employees may be applied over a cycle in excess of a week but must average over the relevant period no less than the amount of training required for non-shiftwork apprentices.

    (6)     An apprentice who fails to complete the approved training scheme or who cannot for any reason be placed in full-time employment with the employer on satisfactory completion of the approved training scheme is not entitled to any severance payment payable under any termination, change and redundancy provisions or any similar provisions.

        6     Wages

    (1)     The weekly wages payable to apprentices shall be as provided by the National Training Wage Award made by the Australian Industrial Relations Commission as varied from time to time.

Sch. 4 cl. 6(2) amended by No. 39/2012 s. 26.

    (2)     For the purposes of applying subclause (1) the appropriate industry or skill level in relation to an apprentice is as specified in the relevant determination made by the Authority under section 5.5.2.