Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 138

138 Wages payable to former apprentices or trainees

(1) This section applies if—

(a) an employee was engaged as an apprentice or trainee; and

(b) the employer continued to employ the employee after the end of the probationary period; and

(c) either—

(i) the employer dismisses the employee; or

(ii) the employer does not sign a training contract.

(2) The employee is entitled to the higher of the following for the period after the end of the probationary period—

(a) the wages that would have been payable under the relevant industrial instrument had the employee continued to be employed as an apprentice or trainee;

(b) the wages payable under the relevant industrial instrument applicable to the type of work the employee performed.

(3) This section does not apply to an employee if a training contract between the employee and employer has been sent to the chief executive (training) for registration.