VOCATIONAL EDUCATION AND TRAINING (GENERAL) REGULATIONS 2009 - REG 47

VOCATIONAL EDUCATION AND TRAINING (GENERAL) REGULATIONS 2009 - REG 47

47 .         Assignment of training contract to another employer (Act s. 60E)

        (1)         This regulation operates for the purposes of section 60E(4)(c) of the Act.

        (2)         An employer must not assign a training contract to another person who will employ the apprentice unless —

            (a)         the employer has given the chief executive —

                  (i)         written notice of the proposed assignment; and

                  (ii)         the personal details of the other person; and

                  (iii)         the written consent of the other person to being assigned the contract; and

                  (iv)         the written consent of the apprentice to the assignment;

                and

            (b)         the chief executive, in writing, has approved the assignment.

        Penalty for this subregulation: a fine of $5 000.

        (3)         The chief executive may refuse to approve the assignment of a training contract to another person if the chief executive is satisfied the other person is not able to train the apprentice adequately or is not a fit and proper person to be assigned the contract.

        (4)         If an employer assigns a training contract to another person who will employ the apprentice, the apprentice is on probation with the new employer for one month commencing on the date on which the apprentice starts work with the new employer.

        [Regulation 47 amended: Gazette 29 Dec 2017 p. 6083.]