9Dismissal of certain applications

#### 9 Dismissal of certain applications 9 Dismissal of certain applications > > (1) An application for establishment of an apprenticeship or traineeship must be dismissed unless the Commissioner is satisfied— > > > > > (a) that the employer can provide the work-based component of the required training in the relevant vocation, and > > > > > (a1) that the employer will employ the apprentice or trainee under conditions that do not contravene the relevant industrial award or agreement, and > > > > > (a2) that the apprentice or trainee is capable of undertaking the required training in the relevant vocation, and > > > > > (a3) that the proposed training contract has been prepared in accordance with the relevant vocational training order, and > > > > > (a4) that the employment provided, or to be provided, by the employer complies with the relevant vocational training order, and > > > > > (b) 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, that the host employer with whom the apprentice or trainee is initially to be placed is available to provide appropriate training to the apprentice or trainee. > > > (2) (Repealed) > > **s 9:** Am 2017 No 42, Sch 1 \[18\]–\[20\].