South Australian Skills Act 2008

Subject to this section, an apprenticeship or traineeship under a training contract will be taken to commence on—

if a commencement date is specified in the training contract—that date; or

if no such commencement date is specified—on the day on which the relevant agreement is approved as a training contract under section 48.

Subject to this section, a training contract remains in force until—

if the training contract specifies a period during which the training contract remains in force—the end of that period;

or

if the training contract specifies an event on which occurrence the training contract ceases to be in force—the occurrence of that event;

or

the Commission certifies the apprentice or trainee under the contract as competent in relation to the relevant trade or declared vocation;

or

the contract is terminated under this Act, whichever occurs first.

The Commission may, on an application under this section or on its own motion, determine—

that the whole or a part of a period of training that occurred before the date of a training contract be treated as a period of training served under the contract; or

that the whole or a part of a period of training that occurred under a previous training contract be treated as a period of training served under a specified training contract; or

that a period of absence of an apprentice or trainee under a training contract be excluded from consideration in computing the length of service of the apprentice or trainee under the contract, and the training contract (including the term of the contract) is to be construed in accordance with the determination.

The Commission may, by notice in writing to the parties to a training contract, increase or reduce the term of the contract.

If the Commission is satisfied of the competence of an apprentice or trainee, or a former apprentice or trainee, the Commission may, on an application under this section or on its own motion, in accordance with any requirements set out in the South Australian Skills Standards—

certify that the apprentice or trainee is to be taken to have completed the training required under the contract; and

if the contract is still in operation—terminate the contract and relieve the parties to the contract of their obligations under the contract.

To avoid doubt, subsection (5) applies whether or not the relevant training contract is still in operation.

An application under this section—

may be made by a party to a training contract; and

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

and

must be accompanied by such information or documents as may be required by the Commission; and

must be accompanied by the prescribed fee.

Nothing in this section prevents the extension or reduction of the term of a training contract by SAET.

If a conflict occurs between a determination of the Commission under this section and a determination of SAET, the determination of SAET prevails.