South Australian Skills Act 2008

An employer must, not later than 28 days after entering an agreement—

under which the employer is to train a person in a trade, or to otherwise train a person under a training contract; and

that is intended to be a training contract, apply to the Commission for approval of the agreement as a training contract. Maximum penalty: Maximum penalty: $5 000. Expiation fee: $315.

An application under subsection (1)—

must be made in a manner and form determined by the Commission;

and

must be accompanied by the agreement; and

must be accompanied by any other information or documents specified by the Commission.

The Commission may, by notice in writing, require an employer to provide, within a specified period, such other specified information or documents as may be required by the Commission for the purposes of determining an application.

The Commission must refuse to approve an agreement as a training contract—

if the employer is a prohibited employer; or

if, by training a person under the proposed training contract, the employer would commit an offence under section 46(4); or

in any other circumstances prescribed by the regulations.

The Commission may refuse to approve an agreement as a training contract for any other reason the Commission considers appropriate including where—

the agreement—

is not in the form of the standard form contract; or

does not otherwise comply with this Act; or

the qualification to which the agreement relates is, in the opinion of the Commission, an inappropriate qualification for a training contract;

or

the employer, or the apprentice or trainee, will, in the opinion of the Commission, be unable to fulfil their obligations under the proposed training contract; or

the requirements under this Act in relation to a training plan for the apprentice or trainee are unlikely to be satisfied; or

a term of the proposed training contract is, in the opinion of the

Commission, prejudicial to the interests of the apprentice or trainee;

or

the Commission reasonably suspects that the employer has engaged in conduct that is likely to result in the employer being declared a prohibited employer.

The Commission must, on determining an application under this section—

notify the employer and apprentice or trainee in writing of the

Commission's determination; and

if the Commission refuses to approve an agreement—the reasons for the refusal; and

if the Commission approves an agreement as a training contract—the date of approval of the agreement.

An employer who has made an application under this section that has been refused by the Commission must not, except with the written authority of the Commission, continue to train a person in a trade under the refused agreement. Maximum penalty: Maximum penalty: $5 000. Expiation fee: $315.