33ERecognition of tradespersons and probationary tradespersons

33E Recognition of tradespersons and probationary tradespersons

(1) The provisions of sections 41 and 42 of this Act shall not apply in relation to trades to which this Part applies. (2) If a Local Committee is satisfied, upon application by any person, that: (a) that person is a recognised tradesperson within the meaning of paragraph (a), (b) or (c) of the definition of recognised tradesperson; or (aa) that person is included in a class of persons, and satisfies the conditions in relation to that class, determined by the Central Committee under paragraph (b) of subsection (1) of section thirty‑four of this Act; or (b) that person is a probationary tradesperson who has satisfactorily completed a period of probationary employment, training or training in employment required by the Committee; or (c) that person has qualified or qualifies in a country other than Australia, by training and employment, in accordance with the laws and customs of that country, for employment in that country as a tradesperson in a trade, or in a trade substantially corresponding with a trade, to which this Part applies and his or her training and employment are such as to provide the skill necessary for the performance in Australia of work ordinarily performed by a recognised tradesperson; the Committee may, if it thinks fit, grant to that person a tradesperson’s certificate. (2A) If a Local Committee is satisfied, upon application by any person, that that person would be a recognised tradesperson within the meaning of paragraph (c) of the definition of recognised tradesperson but for the fact that he or she was not employed as a tradesperson within the period of 1 month before the commencement of the Tradesmen’s Rights Regulation Act 1952 and that, but for special circumstances which prevented him or her, he or she would have been so employed, the Committee may, if it thinks fit, grant to that person a tradesperson’s certificate. (3) If a Local Committee is satisfied that an adult member of the Forces could, within a period required by the Committee, acquire the skill necessary for the performance of work ordinarily performed by a recognised tradesperson, and that the employment of recognised tradespersons would not thereby be prejudiced, the Committee may, on the application of that member, authorise the training and employment of that member as a probationary tradesperson in a trade to which this Part applies. (4) An application under subsection (3) of this section shall, unless a Local Committee in a particular case otherwise permits, be made within six months after the date of discharge of the member of the Forces. (5) Before issuing a certificate to, or authorising the employment of, any person in accordance with this section, the Committee may require that person to undergo a test of competence in or for the trade to which he or she seeks to be admitted. (6) The employer of a probationary tradesperson must pay him or her at a rate not less than the rate of the wage prescribed by the appropriate standard, pay or classification scale or the appropriate award, order, determination or industrial agreement for adults employed in the trade in which he or she is authorised to be employed. (7) Probationary tradespersons shall be deemed not to be journeypersons for the purpose of computing the number of apprentices who may be employed by an employer in accordance with the appropriate law or award, order, determination or industrial agreement.