QLDIn ForceAct
Industrial Relations Act 2016
sec.138Wages payable to former apprentices or trainees
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### sec.138 Wages payable to former apprentices or trainees
This section applies if—
an employee was engaged as an apprentice or trainee; and
the employer continued to employ the employee after the end of the probationary period; and
either—
the employer dismisses the employee; or
the employer does not sign a training contract.
The employee is entitled to the higher of the following for the period after the end of the probationary period—
the wages that would have been payable under the relevant industrial instrument had the employee continued to be employed as an apprentice or trainee;
the wages payable under the relevant industrial instrument applicable to the type of work the employee performed.
This section does not apply to an employee if a training contract between the employee and employer has been sent to the chief executive (training) for registration.
(sec.138-ssec.1) This section applies if— an employee was engaged as an apprentice or trainee; and the employer continued to employ the employee after the end of the probationary period; and either— the employer dismisses the employee; or the employer does not sign a training contract.
(sec.138-ssec.2) The employee is entitled to the higher of the following for the period after the end of the probationary period— the wages that would have been payable under the relevant industrial instrument had the employee continued to be employed as an apprentice or trainee; the wages payable under the relevant industrial instrument applicable to the type of work the employee performed.
(sec.138-ssec.3) This section does not apply to an employee if a training contract between the employee and employer has been sent to the chief executive (training) for registration.
- (a) an employee was engaged as an apprentice or trainee; and
- (b) the employer continued to employ the employee after the end of the probationary period; and
- (c) either— (i) the employer dismisses the employee; or (ii) the employer does not sign a training contract.
- (i) the employer dismisses the employee; or
- (ii) the employer does not sign a training contract.
- (i) the employer dismisses the employee; or
- (ii) the employer does not sign a training contract.
- (a) the wages that would have been payable under the relevant industrial instrument had the employee continued to be employed as an apprentice or trainee;
- (b) the wages payable under the relevant industrial instrument applicable to the type of work the employee performed.