7Applications to establish apprenticeships and traineeships

#### 7 Applications to establish apprenticeships and traineeships 7 Applications to establish apprenticeships and traineeships > > (1) An employer who employs, or proposes to employ, a person as an apprentice or trainee may apply to the Commissioner for the establishment of— > > > > > (a) an apprenticeship in a recognised trade vocation, or > > > > > (b) a traineeship in a recognised traineeship vocation. > > > (2) Within 28 days after the date on which an employer employs a person as an apprentice or trainee, the employer must, if he or she has not already done so, apply to the Commissioner for the establishment of the relevant apprenticeship or traineeship. > > > > Maximum penalty—100 penalty units. > > > (3) The application— > > > > > (a) must be accompanied by the proposed training contract (as executed by the prospective employer and prospective apprentice or trainee), and > > > > > (a1) must be accompanied by the training plan proposal (as endorsed by the relevant registered training organisation), and > > > > > (b) must identify the industrial award or agreement that applies to the apprenticeship or traineeship concerned, and > > > > > (c) must indicate the date on which the prospective apprentice or trainee began to work, or will begin to work, for the employer as an apprentice or trainee, and > > > > > (d) (Repealed) > > > > > (e) in the case of an application by an employer who proposes to place the apprentice or trainee with a host employer from the commencement of the apprenticeship or traineeship, must indicate the name, business address, ACN (if any) and ABN of the host employer with whom the apprentice or trainee is initially to be placed, and > > > > > (f) in the case of an application for a traineeship, must indicate whether the prospective trainee is an existing worker trainee. > > > (4) A training plan proposal is a document prepared by the prospective employer and prospective apprentice or trainee outlining the following matters in relation to the proposed apprenticeship or traineeship— > > > > > (a) the proposed arrangements for the provision of training to the prospective apprentice or trainee, > > > > > (b) the appropriate qualification or qualifications proposed to be awarded to the prospective apprentice or trainee. > > > (5) The proposed training contract and training plan proposal— > > > > > (a) must be set out in the form approved by the Commissioner, and > > > > > (b) must be prepared in accordance with the relevant vocational training order. > > > (5A) The Commissioner may require the applicant to lodge with the application a training plan for the proposed apprenticeship or traineeship instead of a training plan proposal. > > > (5B) An application under this section may be made on behalf of the employer by an agent of the employer approved by the Commissioner if the agent certifies that the relevant training contract and any associated documentation have been duly executed by the parties to the contract. > > > (5C) The Commissioner may refuse to accept applications lodged by a particular agent (and must notify the relevant applicants accordingly) if the agent fails to comply with this section or any requirement of the regulations in relation to any application lodged by the agent. > > > (5D) The establishment of a trainee apprenticeship is not permitted under this Act, even if the relevant industrial award or agreement recognises that the apprenticeship may be undertaken as a trainee apprenticeship. > > > (6) An application under this section may not be made by a prohibited employer contrary to a prohibition order. > > > (7) The regulations may make provision for or with respect to applications under this section. > > **s 7:** Am 2004 No 55, Sch 1.2; 2017 No 42, Sch 1 \[9\]–\[14\].