Approval of employer
38 Approval of employer
A person may apply to the CEO for approval to employ:
one or more apprentices in an approved apprenticeship; or
one or more trainees in an approved traineeship.
An application must be made in the approved form.
(3) The CEO may grant the approval (subject to the conditions, if any, that the CEO considers appropriate) or refuse to grant the approval.
However, the approval:
(a) only covers the employment of apprentices or trainees each of whom is at least 15 years of age, unless the employment of an apprentice or trainee younger than that is permitted under a relevant award, industrial agreement or enterprise agreement; and
(b) is subject to the employer providing each apprentice or trainee with premises, equipment, method of training and supervision suitable for the approved apprenticeship or approved traineeship.
(5) The CEO must give written notice to the applicant stating the following:
the CEO's decision on the application;
if the decision is to grant the approval:
the name of the employer to whom the approval is granted; and
(ii) the approved apprenticeship or approved traineeship that may be offered by the employer; and
(iii) the maximum number of apprentices or trainees seeking to attain a specified approved qualification that may be employed at any one time by the employer as specified in the list published under section 35(1); and
(iv) the other conditions, if any, to which the grant of the approval is subject;
(c) if the decision is to refuse to grant the approval – the reasons for the refusal.
(6) Subsection (7) applies to an approval that is subject to conditions that are to be complied with before a training contract for the approved apprenticeship or approved traineeship may be entered into by the employer.
(7) Without affecting any other conditions to which the grant of the approval is subject, the approval does not have effect until the conditions mentioned in subsection (6) are complied with.
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