Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 137

137 Order setting tool allowance

(1) The commission may make an order requiring an apprentice’s employer to provide the apprentice with—

(a) tools relevant to the calling the apprentice is engaged in; or

(b) an amount to enable the apprentice to buy the tools (a
"tool allowance" ).

(2) The order may state—

(a) the particular tools to be provided and the circumstances in which the tools are to be provided; or

(b) the circumstances in which a tool allowance must be provided.

(3) The commission may make an order—

(a) of the commission’s own initiative; or

(b) on application by—

(i) the chief executive (training); or

(ii) an organisation; or

(iii) a State peak council; or

(iv) the Minister; or

(v) another entity with an interest in apprentices.

(4) An employer must not contravene an order.

Penalty—

Maximum penalty—40 penalty units.

(5) An offence against subsection (4) may consist of—

(a) a single failure to provide the apprentice with the relevant tools, or tool allowance, for a level of the apprenticeship; or

(b) a failure to provide the apprentice with the relevant tools, or tool allowance, for the term of the apprenticeship.

(6) The offence starts on the day of the failure and continues until the apprentice has been provided with the relevant tools or tool allowance.

(7) A complaint, or a series of complaints, may be made for any period over which the offence continues.

(8) If a magistrate finds an employer guilty of an offence against subsection (4) , the magistrate must, in addition to a penalty the magistrate may impose, order the employer to—

(a) provide the apprentice with the tools required to be provided under the commission’s order; or

(b) pay to the Magistrates Court the amount—

(i) stated in the commission’s order; or

(ii) equivalent to the cost of the tools required to be provided under the commission’s order.

(9) The magistrate may express the order in the alternative so the employer may decide how to comply with the order.

(10) The court must pay an amount paid under subsection (8) (b) to the apprentice.