sec.59Prohibited employers

sec.59 Prohibited employers

The chief executive may declare an employer to be a prohibited employer if the chief executive reasonably believes the employer is not a suitable person to employ an apprentice or trainee. The declaration may be for a stated or indefinite period. The declaration must state that the employer must not, while the declaration is in force, employ— any apprentice or trainee; or an apprentice or trainee in 1 or more stated apprenticeships or traineeships. In deciding whether or not the employer is suitable to employ an apprentice or trainee, the chief executive must have regard to the following— the employer’s ability to provide, or arrange to provide, an apprentice or trainee with the facilities, range of work, supervision and training required under a training plan for the apprentice or trainee; the employer’s record in delivering training to apprentices or trainees; whether the employer behaves, or permits his or her employees to behave, in an objectionable way towards an apprentice or trainee; whether the employer has contravened an Act of the State, another State or the Commonwealth relating to employment, including, for example, this Act, the Fair Work Act 2009 (Cwlth) , the repealed Act, the Industrial Relations Act 2016 and the Work Health and Safety Act 2011 ; whether the employer has been convicted of an indictable offence; any other matter the chief executive considers relevant to the decision whether or not to declare the employer to be a prohibited employer. s 59 amd 2016 No. 63 s 1157 sch 6 (sec.59-ssec.1) The chief executive may declare an employer to be a prohibited employer if the chief executive reasonably believes the employer is not a suitable person to employ an apprentice or trainee. (sec.59-ssec.2) The declaration may be for a stated or indefinite period. (sec.59-ssec.3) The declaration must state that the employer must not, while the declaration is in force, employ— any apprentice or trainee; or an apprentice or trainee in 1 or more stated apprenticeships or traineeships. (sec.59-ssec.4) In deciding whether or not the employer is suitable to employ an apprentice or trainee, the chief executive must have regard to the following— the employer’s ability to provide, or arrange to provide, an apprentice or trainee with the facilities, range of work, supervision and training required under a training plan for the apprentice or trainee; the employer’s record in delivering training to apprentices or trainees; whether the employer behaves, or permits his or her employees to behave, in an objectionable way towards an apprentice or trainee; whether the employer has contravened an Act of the State, another State or the Commonwealth relating to employment, including, for example, this Act, the Fair Work Act 2009 (Cwlth) , the repealed Act, the Industrial Relations Act 2016 and the Work Health and Safety Act 2011 ; whether the employer has been convicted of an indictable offence; any other matter the chief executive considers relevant to the decision whether or not to declare the employer to be a prohibited employer.