Sch 3Employment of staff

Schedule 3—Employment of staff Section 3.1.25 Part 1—General 1 Superannuation Sch. 3 cl. 1(1) amended by Nos 73/2012 s. 25(1)(a)(b), 76/2013 s. 16(1), 31/2018 s. 45(1). (1) A person who, immediately before being employed by a TAFE college council or a TAFE institute board or a TAFE institute or being employed in the TAFE division of a university with a TAFE division was a contributor to or member of a superannuation fund or arrangement established by the **State Superannuation Act 1988** continues, subject to that Act, to be acontributor to or member of that fund or arrangement for so long as he or she is employed by the TAFE institute oremployed in a dual sector university. Sch. 3 cl. 1(2) amended by Nos 73/2012 s. 25(1)(c), 76/2013 s. 16(2), 31/2018 s. 45(2). (2) The terms and conditions of a superannuation fund or arrangement to which a person continues to contribute or of which he or she continues to be a member by virtue of subclause (1) apply to that person, for so long as the person is employed by a TAFE institute or employed in a dual sector university as if there had been no change of employer. Sch. 3 cl. 1(3) inserted by No. 76/2013 s. 16(3). (3) Subclause (1), insofar as it applies to a person employed in a university with a TAFE division, only applies to a person so employed immediately before the commencement of section 6 of the **Education and Training Reform Amendment (Dual Sector Universities) Act 2013**. Before the commencement of this subclause, the term ***university with a TAFE division*** meant the University of Ballarat, Royal Melbourne Institute of Technology, Swinburne University of Technology or Victoria University. Part 2—Executive officers 2 Contracts for executive officers The employment of an executive officer shall be governed by a contract of employment between the officer and his or her employer. 3 Contracts to be in writing (1) The contract must be in writing and be signed by or on behalf of the employer and the officer. (2) The parties to a contract must not include a right of return to the public sector in that contract. 4 Superannuation The **Superannuation (Public Sector) Act 1992** applies to an executive officer who is a member of a statutory superannuation scheme within the meaning of Part 2 of that Act as if— (a) any reference to Part 3, Division 5 of the **Public Administration Act 2004** were a reference to this Schedule; Sch. 3 cl. 4(b) amended by No. 73/2012 s. 25(2), substituted by No. 76/2013 s. 16(4). (b) any reference to an employer were a reference to a TAFE institute. Schedule 4—State training and employment provisions Sections 5.5.4, 5.5.5 1 Definitions ***approved training*** means training undertaken (both on or off the job) under an approved training scheme; ***training contract*** means a training contract entered into under an approved training scheme. Sch. 4 cl. 2 amended by No. 39/2012 s. 24. 2 Application The Authority may, by notice published in the Government Gazette, declare any class of training contract to be a class of training contract to which this Schedule does not apply. 3 Objective The objective of this Schedule is to assist in the establishment of a system of apprenticeships which provides approved training in conjunction with employment in order to enhance the skill levels and future employment prospects of apprentices, particularly young people and the long term unemployed. The system is neither designed nor intended for those who are already trained and job ready. It is not intended that existing employees shall be displaced from employment by apprentices. 4 Training conditions (1) The employer must during the duration of the training contract provide a level of supervision that is in accordance with that agreement and the approved training scheme. (2) Training must be directed at enabling the apprentice to attain the standards of skill and knowledge required by the approved training scheme to be attained by persons undertaking the scheme. 5 Employment conditions (1) An employer must not terminate the employment of an apprentice without having provided written notice of termination in accordance with the training contract— (a) to the apprentice, before the termination; and Sch. 4 cl. 5(1)(b) amended by Nos 39/2012 s. 25, 2/2025 s. 47. (b) to the Authority, within 5 days after the termination. Sch. 4 cl. 5(2) amended by No. 39/2012 s. 25. (2) An employer who decides not to continue the employment of an apprentice on the completion of the approved training scheme must notify the Authority in writing of that decision. (3) If the employment of an apprentice is continued after the completion of the approved training scheme, that period of training must be regarded as service with the employer for the purposes of any provision made by or under any Act conferring entitlements on an employee having regard to his or her period of service. (4) A training contract may restrict the circumstances under which an apprentice may work overtime or shiftwork in order to ensure that the approved training scheme is satisfactorily completed. (5) An apprentice must not work shiftwork unless the apprentice and the employer have agreed that satisfactory provision is made for approved training under the relevant approved training scheme. Training for shiftwork employees may be applied over a cycle in excess of a week but must average over the relevant period no less than the amount of training required for non-shiftwork apprentices. (6) An apprentice who fails to complete the approved training scheme or who cannot for any reason be placed in full-time employment with the employer on satisfactory completion of the approved training scheme is not entitled to any severance payment payable under any termination, change and redundancy provisions or any similar provisions. 6 Wages (1) The weekly wages payable to apprentices shall be as provided by the National Training Wage Award made by the Australian Industrial Relations Commission as varied from time to time. Sch. 4 cl. 6(2) amended by No. 39/2012 s. 26. (2) For the purposes of applying subclause (1) the appropriate industry or skill level in relation to an apprentice is as specified in the relevant determination made by the Authority under section 5.5.2.