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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.