VOCATIONAL EDUCATION AND TRAINING (GENERAL) REGULATIONS 2009 - REG 46
VOCATIONAL EDUCATION AND TRAINING (GENERAL) REGULATIONS 2009 - REG 46
46 . Variation of training contract by parties (Act s. 60E)
(1) This regulation
operates for the purposes of section 60E(4)(a) of the Act.
(2) This regulation
does not apply to the variation of the probation period of a training
contract.
(3) The parties to a
training contract may vary any or all of these —
(a) the
qualification to which the contract relates;
(b) the
nominated training provider;
(c) the
employment arrangement that governs the employment of the apprentice;
(d)
whether the apprentice is required to work full-time or part-time under the
contract;
(e) any
other detail of the contract.
(4) If the parties to
a training contract vary the qualification to which the contract relates, the
parties must also vary —
(a) the
nominal period of the contract; and
(b) any
other term that it is necessary to vary,
to ensure the terms of
the contract comply with any requirements imposed under section 60C(5)(b) of
the Act in relation to training contracts for the prescribed VET qualification
to which the training contract relates.
(5) The parties to a
training contract must not vary the contract unless the chief
executive —
(a) has
been given written notice of the proposed variation; and
(b) has,
in writing, approved the variation.
(6) The chief
executive may refuse to approve a proposed variation of a training contract if
the variation would mean the contract does not comply with any requirements
imposed under section 60C of the Act for training contracts for the
qualification to which the contract relates.
(7) If a training
contract is varied other than in accordance with this regulation, the
variation has no effect.