Variation or revocation of approval of employer
39 Variation or revocation of approval of employer
The CEO may vary or revoke an approval granted under section 38:
on an application by the employer in the approved form; or
on the CEO's own initiative.
(2) The CEO may vary an approval under subsection (1)(a) only if satisfied that the variation will not adversely affect the training of an apprentice or trainee.
(3) The CEO may vary an approval under subsection (1)(b) only if satisfied that the variation is necessary to ensure that the training of an apprentice or trainee is provided satisfactorily.
(4) The CEO may revoke an approval under subsection (1)(b) only if satisfied of one of the following:
(a) the employer has failed to comply with a condition to which the approval is subject;
(b) the employer, or an apprentice or trainee employed by the employer under the approval, has contravened this Act, the Regulations (if any) or a registered training contract to which the employer and the apprentice or trainee are parties;
(c) the premises, equipment, method of training or supervision provided by the employer to the apprentice or trainee is no longer suitable for the approved apprenticeship or approved traineeship to which the approval relates.
(5) If the CEO proposes to vary or revoke an approval under subsection (1)(b), the CEO must, by written notice to the employer:
inform the employer of the proposal and the reasons for it; and
(b) advise the employer that the employer may, by a specified date (being within 14 days after giving the notice) make a submission to the CEO in relation to the proposal.
(6) After the date specified in the notice under subsection (5) for making a submission, the CEO must:
(a) if the employer has made a submission – consider that submission; and
in any event – decide:
(i) to vary or revoke the approval as proposed in the notice under subsection (5); or
not to vary or revoke the approval; or
(iii) for a variation – to vary the approval differently than as proposed in the notice under subsection (5).
(7) The CEO must, within 14 days after exercising a power under subsection (1), give written notice of the decision to the employer.
A decision of the CEO under this section takes effect on:
the date on which a notice is given under subsection (7); or
a later date determined by the CEO and specified in the notice.
Division 3 Prohibited employers
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