41Recognition of tradespersons, probationary tradespersons and trainee tradespersons

41 Recognition of tradespersons, probationary tradespersons and trainee tradespersons

(1) 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), (c) or (d) of the definition of recognised tradesperson; or (b) that person is a member of the Forces who has, during the period of the war, acquired, by reason of his or her service in the Forces, the skill necessary for the performance of work ordinarily performed by a recognised tradesperson; or (ba) that person has acquired, by reason of service in the Permanent Forces of the Defence Force of the Commonwealth, the skill necessary for the performance of work ordinarily performed by a recognised tradesperson; or (bb) 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 (c) that person is a probationary tradesperson or trainee tradesperson who has satisfactorily completed any period of probationary employment, training or training in employment required by the Committee; or (d) 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. (1A) 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. (1B) Subsection (1) of this section, when incorporated and read as one with Part V of this Act, shall be read as if the reference to paragraph (d) of the definition of recognised tradesperson were omitted, and the last preceding subsection shall not be incorporated with that Part. (2) If a Local Committee is satisfied that an adult member of the Forces who, during the period of the war, has had training and experience in the Forces in a trade to which this Part applies could, within a period not exceeding 12 months, acquire the skill necessary for the performance of work ordinarily performed by a recognised tradesperson, the Committee may, on the application of that member, authorise the employment of that member as a probationary tradesperson in a trade to which this Part applies. (3) If a Local Committee is satisfied that a member of the Forces who: (a) during the period of the war has had training and experience in the Forces in a trade to which this Part applies; and (b) was certified by a Regional Training Committee to be eligible for training benefits under the Commonwealth Reconstruction Training Scheme established under Part III of the Re‑establishment and Employment Act 1945; could, within a reasonable period, acquire the skill necessary for the performance of work ordinarily performed by a recognised tradesperson, the Committee may, upon the application of that member, authorise the employment of that member as a trainee tradesperson for the purpose of undergoing a course of training in an industrial establishment in a trade to which this Part applies. (3A) If a Local Committee is satisfied that a member of the Forces as defined in section 139 of the Re‑establishment and Employment Act 1945‑1952 (immediately before its repeal) who has had experience in a trade to which this Part applies and is eligible for vocational training benefits under regulations made under the Repatriation Act 1920‑1951 could, within a reasonable period, acquire the skill necessary for the performance of work ordinarily performed by a recognised tradesperson, the Committee may, upon the application of that member, authorize the training and the employment of that member as a trainee tradesperson for the purpose of undergoing training in an industrial establishment in a trade to which this Part applies. (4) An application under subsection (2), (3) or (3A) 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 granting 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 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) The employer of a trainee tradesperson must pay him or her at a rate not less than the difference between: (a) the rate of the wage prescribed by the appropriate standard, pay or classification, the appropriate award, order, determination or industrial agreement for adults employed in the trade in which he or she is authorised to be employed; and (b) the rate of the allowance payable to him or her from time to time under the Commonwealth Reconstruction Training Scheme or under a scheme of vocational training established under regulations made under the Repatriation Act 1920‑1951. (8) Probationary tradespersons and trainee 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 standard, pay or classification scale, the appropriate law or award, order, determination or industrial agreement.