South Australian Numbered Acts South Australian Numbered Acts40—Term of contracts of training
(1) The Commission
may, on the application of the parties to a contract of training (or proposed
contract of training) for a trade or declared vocation or of its own motion,
determine—
(a) that
the whole or a part of a period of training that occurred before the date of
the contract be treated as a period of training served under the contract; or
(b) that
the whole or a part of a period of training that occurred under a previous
contract of training be treated as a period of training served under the
contract; or
(c) that
a period of absence of the apprentice/trainee under the contract of training
be excluded from consideration in computing the length of the
apprentice's/trainee's service under the contract.
(2) Subject to
subsection (3), the term of a contract of training must be computed and
the contract must be construed and must apply in accordance with a
determination made by the Commission under subsection (1).
(3) If a conflict
occurs between a determination of the Commission under this section and a
determination of the Grievances and Disputes Mediation Committee, the
determination of the Committee prevails.
(4) If the Commission
is satisfied of the competence of an apprentice/trainee under a
contract of training, the Commission may, of its own motion or on the
application of each party to the contract, relieve the apprentice/trainee of
his or her obligations under the contract, and the apprentice/trainee will be
taken to have completed the training required under the contract.
(5) The Commission
may, by notice in writing to the parties to a contract of training, increase
or reduce the term of the contract.
(6) This section does
not prevent the extension or reduction of the term of a contract of training
by the Grievances and Disputes Mediation Committee.