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s 46

Training contracts

In force
Part 4Apprenticeships, traineeships and training contracts
Division 2Training contracts

46 Training contracts

(4)

An employer must not enter into a training contract to train a person unless the employer is—

(a)

a registered employer; and

(b)

operating within the scope of the registration of the employer;

and

(c)

complying with any other condition of the registration. Maximum penalty: Maximum penalty: $5 000. Expiation fee: $315.

(5)

2 or more registered employers may, with the approval of the

Commission, enter into a training contract with the same apprentice or trainee.

(6)

A training contract must—

(a)

be in the form of the standard form contract; and

(b)

contain the following conditions:

(i)

a condition that the apprentice or trainee will be employed by the employer party to the contract in accordance with the applicable award or industrial agreement;

(ii)

a condition specifying the probationary period for a contract for the relevant trade or declared vocation;

(iii)

the standard conditions for a contract for the relevant trade or declared vocation;

(iv)

a condition that the apprentice or trainee will be trained and assessed in accordance with the training plan (to be agreed between the employer, the apprentice or trainee and a registered training provider chosen jointly by the employer and the apprentice or trainee);

(v)

any other conditions that have been agreed between the employer and the apprentice or trainee after consultation with the registered training provider.

(7)

A person under the age of 15 years must not enter into a training contract unless—

(a)

otherwise permitted under an industrial agreement or award;

or

(b)

the person has, on application, obtained the written approval of the Commission granted in accordance with any requirements under the South

Australian Skills Standards.

(13)

Non-compliance with any of the provisions of this section does not of itself affect the validity of a training contract.

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