Western Australian Current Acts Western Australian Current Acts (1) Subject to the
regulations, a party to a training contract may terminate it.
(2) An employer who is
a party to a training contract the probation period of which (if any) has
expired must not terminate the contract unless —
(a) the
apprentice has consented to the termination; or
(b) the
chief executive has approved the termination.
Penalty: a fine of $10 000.
(3) The chief
executive must approve the termination of a training contract under subsection
(2) if satisfied —
(a) the
employer has ceased or is about to cease business; or
(b) the
employer is unable to fulfil the employer’s obligations under the
contract due to a substantial change of circumstances that has occurred since
the contract was entered into; or
(c) the
apprentice has engaged in serious misconduct; or
(d) as
to any matter prescribed,
but otherwise may
refuse to approve the termination.
(4) 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.
(5) On an appeal made
under subsection (4) 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 60G inserted: No. 44 of 2008 s. 39.]