VOCATIONAL EDUCATION AND TRAINING (GENERAL) REGULATIONS 2009 - REG 49

VOCATIONAL EDUCATION AND TRAINING (GENERAL) REGULATIONS 2009 - REG 49

49 .         Suspension by employer (Act s. 60E)

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

        (2)         This regulation does not —

            (a)         prevent the parties to a training contract agreeing to suspend it; or

            (b)         affect any entitlement an employer has to terminate a training contract during its probation period.

        (3)         An employer cannot suspend a training contract except on the ground that the apprentice has engaged in serious misconduct.

        (4)         To suspend a contract under subregulation (3), the employer must give the apprentice a written notice (the suspension notice ) that —

            (a)         states the training contract is suspended on the grounds that the apprentice has engaged in serious misconduct; and

            (b)         states when the suspension has effect (which must not be earlier than when the apprentice is given the notice); and

            (c)         describes the apprentice’s alleged misconduct.

        (5)         If an employer suspends a training contract under this regulation, the employer must give the chief executive a copy of the suspension notice before 5 p.m. on the next working day.

        Penalty for this subregulation: a fine of $1 000.

        (6)         An employer may at any time cancel the suspension of a training contract by giving the apprentice a written notice stating the date on which the contract will cease to be suspended.

        (7)         If an employer cancels the suspension of a training contract under this regulation, the employer must notify the chief executive that the contract is no longer suspended before 5 p.m. on the next working day.

        Penalty for this subregulation: a fine of $1 000.

        (8)         Unless it has ceased to be suspended, the employer, within 7 days after the date on which a training contract is suspended under subregulation (3), must apply to the chief executive for approval under section 60G of the Act to terminate the contract.

        (9)         While a training contract is suspended by an employer under this regulation the apprentice may attend any approved VET course required for the qualification to which the contract relates.

        (10)         While a training contract is suspended by an employer under this regulation —

            (a)         the apprentice must not attend the employer’s workplace; and

            (b)         the employer must pay the apprentice as if the contract were not suspended.

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

        (11)         If an application made under subregulation (8) is refused, the suspension of the contract is taken to be cancelled on the day after the day on which the application is refused.

        [Regulation 49 amended: Gazette 29 Dec 2017 p. 6083.]