South Australian Skills Act 2008

If an employer has reasonable grounds to believe that an apprentice or trainee employed by the employer is guilty of wilful and serious misconduct, the employer may (without first obtaining the approval of the Commission) suspend the apprentice or trainee from employment.

If an employer suspends an apprentice or trainee from employment under subsection (1), the employer must, in accordance with any requirement set out in the South Australian Skills

as soon as is reasonably practicable—

refer the matter to the Commission for mediation; and

notify SAET that the matter has been so referred; and

notify the apprentice or trainee that the matter has been so referred; and

comply with any other reasonable requirement of the Commission in relation to the mediation. Maximum penalty: $5 000. Expiation fee: $315.

If a matter is unable to be resolved by mediation under subsection (1a), the employer must, as soon as is reasonably practicable after the conclusion of the mediation (but in any event within 3 days), refer the matter to SAET for consideration. Maximum penalty: $5 000. Expiation fee: $315.

Despite section 65, a matter referred to the Commission for mediation cannot be considered by SAET until after the conclusion of the mediation.

Except where—

the employer and the trainee or apprentice agree to a longer suspension (whether in the course of mediation or otherwise); or

the Commission extends the suspension for a specified period (not being more than 3 days after the conclusion of the mediation); or

SAET confirms or extends the suspension under section 65, a suspension under this section will cease after 7 working days, unless cancelled sooner.

A referral to SAET under this section will be dealt with under Part