South Australian Numbered Acts South Australian Numbered Acts46—Disputes and grievances relating to contracts of training
(1) If—
(a) a
dispute arises between parties to a contract of training; or
(b) a
party to a contract of training is aggrieved by the conduct of another party,
a party to the contract may refer the matter to the Grievances and Disputes
Mediation Committee.
(2) If the Commission
suspects on reasonable grounds that a party to a contract of training has
contravened a provision of the contract or this Act, it may refer the matter
to the Grievances and Disputes Mediation Committee.
(3) The
Grievances and Disputes Mediation Committee must inquire into a matter
referred to it under this section.
(4) If, after
inquiring into a matter, the Grievances and Disputes Mediation Committee forms
the opinion that the matter is one that should be dealt with by an
industrial authority, the Commission or some other body, the Committee must
refer the matter to the industrial authority, Commission or other body.
(5) The
Grievances and Disputes Mediation Committee may, if it thinks fit, by order,
exercise one or more of the following powers in relation to a matter before
the Committee:
(a) it
may make recommendations about the following matters to the Commission:
(i)
the variation of a contract of training;
(ii)
the employment by an employer of apprentices/trainees,
including any conditions that should be imposed on an approval of the employer
granted by the Commission under this Part;
(iii)
the assessment of the skills of an apprentice/trainee
and, if appropriate, the granting of an appropriate qualification under the
AQF;
(b) it
may reprimand a party in default;
(c) it
may suspend the employment of an apprentice/trainee for a period not exceeding
4 weeks commencing on a date specified in the order;
(d) it
may confirm or revoke a suspension imposed under subsection (10) and, in
the event of revocation—
(i)
order the employer to pay any remuneration, or
compensation for any non-monetary benefit, to which the apprentice/trainee
would, but for the suspension, have been entitled; and
(ii)
order the employer to treat the period of suspension as
service for specified purposes;
(e) it
may extend or reduce the term of a contract of training;
(f) it
may terminate a contract of training as at the date specified in the order;
(g) it
may order an employer to pay any remuneration to which an apprentice/trainee
is entitled;
(h) it
may order an employer to pay compensation for any non-monetary benefit that
should have been provided to an apprentice/trainee;
(i)
it may order a party to a contract of training to take
any other action that, in the opinion of the Committee, he or she is required
to take under the contract or under this Part;
(j) it
may excuse a party to a contract of training from performing one or more of
his or her obligations under the contract;
(k) it
may order that, for the purpose of computing the period of training that has
been served by an apprentice/trainee, a specified period or specified periods
be excluded;
(l) it
may withdraw the approval of an employer granted by the Commission under this
Part;
(m) it
may order an employer not to employ any apprentices/trainees in addition to
those named in the order without the approval of the Committee;
(n) it
may make any consequential orders that the Committee thinks necessary or
expedient.
(6) The Commission
may, without further inquiry, accept and act on any recommendation of the
Grievances and Disputes Mediation Committee under subsection (5).
(7) The term of a
contract of training must be computed and the contract must be construed and
must apply in accordance with an order made by the
Grievances and Disputes Mediation Committee under subsection (5).
(8) The withdrawal of
approval of an employer by the Grievances and Disputes Mediation Committee
under subsection (5) may relate to a particular apprentice/trainee or to
all apprentices/trainees employed by the employer.
(9) If, under
subsection (5), the Grievances and Disputes Mediation Committee orders
one party to a contract of training to pay a sum of money to another party to
the contract, that sum may be recovered by the other party as a debt.
(10) If an employer
has reasonable grounds to believe that an apprentice/trainee employed by the
employer is guilty of wilful and serious misconduct, the employer may (without
first obtaining the approval of the Commission) suspend the apprentice/trainee
from employment and must, in that event—
(a)
immediately refer the matter to the Grievances and Disputes Mediation
Committee; and
(b)
within 3 days of the suspension—confirm the reference in writing.
Maximum penalty: $2 500.
(11) A suspension
under subsection (10) must, unless confirmed by the
Grievances and Disputes Mediation Committee, not operate for more than 7
working days.
(12) Notice must be
given by the Grievances and Disputes Mediation Committee to the Commission of
the termination of a contract of training under this section.
(13) The
Grievances and Disputes Mediation Committee may consult with industry training
advisory bodies before exercising its powers under this section.
(14) The
Grievances and Disputes Mediation Committee may, at any time, vary or revoke
an order made by it under this section.
(15) A person must not
contravene an order of the Grievances and Disputes Mediation Committee under
this section.
Maximum penalty: $2 500.
(16) In this
section—
"party to a contract of training" or "party" includes a person who was
formerly a party to a contract of training.