Queensland Consolidated Acts

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INDUSTRIAL RELATIONS ACT 1999 - SECT 139A

139A Reinstatement to previous position

(1) This section applies if—

(a) an apprenticeship or traineeship is started with an employer; and
(b) immediately before the apprenticeship or traineeship started, the person training as the apprentice or trainee was employed in a position (the previous position) by the employer; and
(c) any of the following events happen—
(i) the Training and Employment Recognition Council refuses to register the person's training contract;
(ii) the training contract is cancelled;
(iii) the apprenticeship or traineeship ends before the probationary period for the apprenticeship or traineeship ends;
(iv) the person completes the apprenticeship or traineeship.

(2) The person is taken to be immediately reinstated with the employer in the person's previous position.

(3) The reinstated person is not excluded from the operation of chapter 3 only because of the apprenticeship or traineeship.

Example—
If the reinstated person is dismissed, section 73(1) may apply to the reinstated person despite section 72(1)(f).


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