Western Australian Consolidated Regulations Western Australian Consolidated Regulations[r. 60]
In this
Schedule —
commencement means the day on which the Training
Legislation Amendment and Repeal Act 2008 , other than Part 1, comes into
operation;
old agreement means an agreement that —
(a) is
in, or substantially in, the form of the apprenticeship agreement prescribed
in the Industrial Training (General Apprenticeship) Regulations 1981
Schedule 2 as in force immediately before 1 August 2008; and
(b)
immediately before commencement, was in force and registered under the
Industrial Training Act 1975 ;
old training contract means a training contract
that, immediately before commencement, was in force and registered under the
Industrial Training Act 1975 ;
trade apprentice means an apprentice
who —
(a)
under an old agreement is learning or being trained in an apprenticeship trade
that was prescribed under the Industrial Training Act 1975 ; or
(b)
under an old training contract is learning or being trained in an
apprenticeship trade that was prescribed under the Industrial Training
Act 1975 , whether or not the contract also specifies the apprentice is
being trained for a prescribed VET qualification.
2 . Old agreements to be read with modifications
(1) Under the
Vocational Education and Training Act 1996 Schedule 2 clause 1, an old
agreement has effect with these modifications —
(a) in
clauses 1, 9 and 12 of the agreement, references to the
Industrial Training Act 1975 must be read as references to the
Vocational Education and Training Act 1996 ;
(b) in
clause 7 of the agreement, the reference to the technical instruction of the
apprentice prescribed by or under the Industrial Training Act 1975 must
be read as a reference to the technical instruction that the apprentice is
directed to undergo by a registered training provider;
(c) in
clause 8 of the agreement, references to an examiner must be read as a
reference to a registered training provider;
(d) in
clause 10 of the agreement, the reference to the Registrar of Industrial
Training appointed under the Industrial Training Act 1975 must be read
as a reference to the chief executive;
(e)
clause 11 must be read as if —
(i)
the passage “, subject to Section 37 of the
Industrial Training Act 1975 ,” were deleted; and
(ii)
the passage “apply to the Director for suspension
or cancellation of this agreement.” were “apply to the chief
executive under the Vocational Education and Training Act 1996 for
approval to terminate this agreement.”; and
(iii)
the second reference to the
Industrial Training Act 1975 were a reference to the
Vocational Education and Training Act 1996 .
(2) Without limiting
the Vocational Education and Training Act 1996 Schedule 2 clause
1 —
(a)
section 60G(3), (4) and (5) of that Act and regulation 51 apply to and in
respect of any application made to the chief executive under clause 11 of an
old agreement, as modified by subclause (1)(e), for approval to terminate the
agreement; and
(b) on
such an application for approval to terminate an old agreement, the chief
executive may give approval if satisfied the apprentice has engaged in
misconduct as defined in clause 11 of the agreement.
(3) Subclause (2) does
not affect the operation of section 60G(3) of the
Vocational Education and Training Act 1996 .
3 . Old agreements and contracts not terminated by
sale of business
If the employer under
an old agreement or an old training contract sells the business or the part of
the business in which the apprentice under the agreement or contract is
employed, the agreement or contract is taken to be assigned to the purchaser,
unless the chief executive, under section 60G of the Act, approves the
termination of the agreement or contract.
4 . Technical instruction requirements for trade
apprentices
(1) A trade apprentice
who is the subject of an old agreement must undertake those approved VET
courses that a registered training provider directs the apprentice to
undertake.
(2) A trade apprentice
who is the subject of an old training contract must undertake on-the-job and
off-the-job training in accordance with the training plan that the apprentice,
the employer and a registered training provider have signed as required by the
contract.
5 . Final certificates for trade apprentices
(1) If the employer of
a trade apprentice and a registered training provider agree that the
apprentice has achieved all necessary competencies for the trade the
apprentice is learning or being trained in —
(a) the
employer and provider must jointly notify the chief executive accordingly; and
(b) the
chief executive must give the apprentice a certificate that he or she has
achieved the trade.
(2) These regulations
do not prevent a registered training provider, acting in accordance with the
Act, from conferring a trade apprentice with —
(a) an
approved VET qualification in relation to any approved VET course the
apprentice undertook under the apprenticeship; or
(b) a
prescribed VET qualification the required competencies for which were achieved
by the apprentice under the apprenticeship.