South Australian Numbered Acts South Australian Numbered Acts37—Training under contracts of training
(1) An employer must
not undertake to train a person in a trade except under a
contract of training.
Maximum penalty: $2 500.
(2)
Subsection (1) does not apply in relation to the further training or
re-training of a person who has already completed the training required under
a contract of training, or who has an equivalent qualification.
(3) An employer may
undertake to train a person in any other occupation (including a
declared vocation) under a contract of training.
(4) An employer must
not enter into a contract of training unless—
(a) the
employer is an approved employer; or
(b) the
contract is subject to the employer becoming an approved employer.
Maximum penalty: $2 500.
(5) Two or more
employers may, with the approval of the Commission, enter into a
contract of training with the same apprentice/trainee.
(6) A
contract of training must—
(a) be
in the form of the standard form contract; and
(b)
contain the following conditions:
(i)
a condition that the apprentice/trainee will be employed
in accordance with the applicable award or industrial agreement (which must be
specified in the contract);
(ii)
a condition specifying the probationary period for a
contract for the relevant trade, declared vocation or occupation;
(iii)
if the contract is in respect of a trade or declared
vocation—the standard conditions for a contract for the trade or
declared vocation;
(iv)
a condition that the apprentice/trainee will be trained
and assessed
in accordance with the "training plan" (to be agreed between the employer, the
apprentice/trainee and a registered training organisation chosen jointly by
the employer and the apprentice/trainee);
(v)
any other conditions that have been agreed between the
employer and the apprentice/trainee after consultation with the registered
training organisation.
(7) An employer under
a contract of training must comply with the employer's obligations specified
in the contract.
Maximum penalty: $2 500.
(8) An
apprentice/trainee under a contract of training must comply with the
apprentice's/trainee's obligations specified in the contract.
(9) An employer must
permit an apprentice/trainee party to a contract of training to carry out his
or her obligations under the contract.
Maximum penalty: $2 500.
(10) If an
apprentice/trainee attends a course previously undertaken by the
apprentice/trainee, the time spent re-attending the course need not be counted
for the purpose of determining the wages payable to the apprentice/trainee
but, with that exception, the time spent attending or re-attending any course
as required under the contract of training is to be treated for all purposes
as part of the employment of an apprentice/trainee.
(11) No person is
disqualified from entering into a contract of training by reason of his or her
age.