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(d) (Repealed)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.