Training contracts
46 Training contracts
An employer must not enter into a training contract to train a person unless the employer is—
a registered employer; and
operating within the scope of the registration of the employer;
and
complying with any other condition of the registration. Maximum penalty: Maximum penalty: $5 000. Expiation fee: $315.
2 or more registered employers may, with the approval of the
Commission, enter into a training contract with the same apprentice or trainee.
A training contract must—
be in the form of the standard form contract; and
contain the following conditions:
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;
a condition specifying the probationary period for a contract for the relevant trade or declared vocation;
the standard conditions for a contract for the relevant trade or declared vocation;
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);
any other conditions that have been agreed between the employer and the apprentice or trainee after consultation with the registered training provider.
A person under the age of 15 years must not enter into a training contract unless—
otherwise permitted under an industrial agreement or award;
or
the person has, on application, obtained the written approval of the Commission granted in accordance with any requirements under the South
Australian Skills Standards.
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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