South Australian Skills Act 2008

If—

a dispute arises between parties to a training contract;

or

a party to a training contract is aggrieved by the conduct of another party, a party to the contract may apply to SAET for consideration of the matter.

SAET may, if it thinks fit, by order, exercise 1 or more of the following powers in relation to a matter before SAET:

it may make recommendations to the Commission about the assessment of the skills of an apprentice or trainee and, if appropriate, the granting of an appropriate qualification under the AQF;

it may reprimand a party in default;

it may suspend the employment of an apprentice or trainee commencing on a date specified in the order;

it may confirm, extend (for a period not exceeding 4 weeks) or revoke a suspension imposed by an employer under section 64 and, in the event of revocation—

order the employer to pay any remuneration, or compensation for any non‑monetary benefit, to which the apprentice/trainee would, but for the suspension, have been entitled; and

order the employer to treat the period of suspension as service for specified purposes;

it may extend or reduce the term of, or otherwise vary, a training contract;

it may terminate a training contract as at the date specified in the order;

it may order an employer (including a substituted employer) to pay to another employer specified costs associated with the early termination of a training contract, where that termination occurs wholly or partly due to the use of a financial or other inducement or reward;

it may order an employer to pay any remuneration to which an apprentice/trainee is entitled;

it may order an employer to pay compensation for any breach of the training contract;

it may order a party to a training contract to take any other action that, in the opinion of SAET, the party is required to take under the contract or under this Part;

it may excuse a party to a training contract from performing

1 or more of his or her obligations under the contract;

it may order that, for the purpose of computing the period of training that has been served by an apprentice/trainee, a specified period or specified periods be excluded;

it may vary, suspend or cancel the registration of an employer granted by the Commission under this Part;

it may order an employer not to employ any apprentices or trainees in addition to those named in the order without the approval of

SAET;

it may make any consequential orders that SAET thinks necessary or expedient.

Despite subsection (2)(c), SAET may suspend the employment of an apprentice/trainee for a period exceeding 4 weeks if—

SAET is satisfied that the suspension is necessary having regard to the circumstances of the COVID-19 pandemic; and

the period of suspension will end on or before

1 January 2021.

The Commission may, without further inquiry, accept and act on any recommendation of SAET under this Division.

The term of a training contract must be computed and the contract must be construed and must apply in accordance with an order made by SAET under this Division.

The cancellation or suspension of the registration of an employer by SAET under this Division may relate to a particular apprentice or trainee or to all apprentices or trainees employed by the employer.

Notice must be given by SAET to the Commission of the outcome of any application or reference of a matter under this

Division.

A person must not contravene an order of SAET under this

Division. Maximum penalty: Maximum penalty: $5 000.

An application to SAET under subsection (1) must be made during the term of the relevant training contract or within 6 months after the expiry, termination or cancellation of the relevant training contract.

SAET may extend the time within which any such application may be made.

For the purposes of this section, a reference to a training contract will be taken to include a reference to a terminated or expired training contract.

For the purposes of this section, a reference to an employer, apprentice or trainee will, in the case where a training contract has been terminated or expired, be taken to include a reference to a person who was, at a relevant time, an employer, apprentice or trainee (as the case requires).

In this section—

party to a training contract or

party includes a person who was formerly a party to a training contract.