South Australian Skills Act 2008

The Commission may, on an application under this section and in accordance with any requirements set out in the regulations or the South

Australian Skills Standards, approve the substitution of an employer in relation to a training contract.

An application under this section—

may be made by, or on behalf of, an employer, or an apprentice or trainee, in relation to a training contract, or a person who is to be substituted for the employer (a proposed employer), each of whom will be taken to be a party to the application; and

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

and

must include any information or documents required by the

Commission; and

must be accompanied by the prescribed fee.

The Commission may only approve the substitution of an employer under this section if—

the proposed employer consents to the substitution;

and

the proposed employer is not a prohibited employer;

and

the proposed 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;

and

the proposed employer has paid, or has entered into an agreement to pay, any transfer fee payable under section 54O to the employer in relation to the training contract;

the Commission is satisfied that it is, in all the circumstances, appropriate to do so.

Despite subsection (3)(c), the Commission may approve a substitution despite a proposed employer not being a registered employer if—

the proposed employer has applied for registration under Division

3, but that application has not yet been determined; and

the Commission is satisfied that the proposed employer is a fit and proper person to enter a training contract.

The Commission should, where it is reasonably practicable to do so, have regard to any submissions of the existing employer in relation to the relevant training contract in relation to the application (other than where that employer is the applicant).

The following provisions apply where the substitution of an employer is approved under this section:

the employment of the apprentice or trainee to which the training contract relates continues as employment with the new employer;

the training contract continues in force, subject to the substitution;

any rights, obligations and liabilities of the former employer in relation to that training contract are, by force of this paragraph, transferred to the new employer.