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s 54J

Employer's obligations under training contract

In force
Part 4Apprenticeships, traineeships and training contracts
Division 3AProvisions relating to employers

54J Employer's obligations under training contract

(1)

An employer in relation to a training contract must comply with the following provisions (the employer's obligations under the training contract):

(a)

the employer must comply with the South Australian Skills

Standards;

(b)

the employer must permit an apprentice or trainee under the training contract to carry out their obligations under the training contract;

(c)

the employer must not place, or permit the placement of, an apprentice or trainee under the training contract with a prohibited employer;

(d)

the employer must not, without the authorisation of the Commission, place, or permit the placement of, an apprentice or trainee under the training contract with an employer who is not a registered employer;

(e)

the employer must not—

(i)

prevent or obstruct the apprentice or trainee from carrying out their obligations under a training plan;

(ii)

prevent or obstruct the apprentice or trainee from participating in any training required to be delivered by the nominated training organisation under a training plan; or

(iii)

prejudice the employment of the apprentice or trainee, or place the apprentice or trainee at a disadvantage, because the apprentice or trainee participates or attempts to participate in such training; or

(iv)

take any other steps to discourage the apprentice or trainee from participating in such training;

(f)

the employer must comply with any other obligation specified in the training contract or training plan that is applicable to the employer.

(2)

Each of the provisions referred to in subsection (1) will be taken to be a condition of the employer's registration.

(3)

Without limiting any other provision of this Act, the Commission may, in relation to an employer's failure to satisfy the employer's obligations under the training contract, do 1 or more of the following:

(a)

give the employer a written warning;

(b)

vary, suspend or cancel the employer's registration under section 54G(3);

(c)

issue a compliance notice under section 63;

(d)

declare the employer to be a prohibited employer under

Part 3.

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