(1) A training
contract does not commence until it is registered by the chief executive under
this section.
(2) An employer who
enters into a training contract must lodge it with the chief executive in
accordance with the regulations for registration.
Penalty: a fine of $3 000.
(3) The chief
executive may refuse to register a training contract —
(a) if
the contract was not lodged in accordance with the regulations; or
(b) if a
requirement for the contract imposed under section 60C(5) has not been
complied with; or
(c) if
the content or form of the contract does not comply with the regulations; or
(d) if
the chief executive is satisfied the employer is not able to train the
apprentice adequately or is not a fit and proper person to enter into the
contract; or
(e) if
the apprentice is ineligible under the regulations to enter into the contract;
or
(f) for
any reason prescribed in the regulations.
(4) Subsections (2)
and (3), with any necessary changes, apply to a variation of a training
contract.
(5) The chief
executive may cancel the registration of a training contract for any reason
prescribed in the regulations.
(6) If the chief
executive cancels the registration of a training contract, the contract ceases
to have effect.
(7) The chief
executive must keep a register of registered training contracts.
(8) A person who is
dissatisfied by a decision made by the chief executive under this section may
appeal against it to the Western Australian Industrial Relations Commission.
(9) On an appeal made
under subsection (8) against a decision, the Commission must rehear the matter
and may confirm the decision or set it aside and either substitute a decision
the chief executive could make or order the chief executive to decide the
matter again.
[Section 60F inserted: No. 44 of 2008 s. 39.]