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This is a Bill, not an Act. For current law, see the Acts databases.


INDUSTRIAL TRAINING AMENDMENT BILL 2006

                   Western Australia


Industrial Training Amendment Bill 2006

                      CONTENTS


1.   Short title                                             2
2.   Commencement                                            2
3.   The Act amended                                         2
4.   Section 28A inserted                                    2
     28A.     Ministerial approval of part-time
              employment                                2
5.   Section 29A amended                                     2
6.   Section 29B inserted                                    3
     29B.     Part-time employment of apprentices and
              industrial trainees                       3
7.   Section 30 amended                                      4
8.   Section 42 amended                                      4




                         165--1                              page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY



     Industrial Training Amendment Bill 2006


                               A Bill for


An Act to amend the Industrial Training Act 1975.



The Parliament of Western Australia enacts as follows:




                                                         page 1
     Industrial Training Amendment Bill 2006



     s. 1




     1.         Short title
                This is the Industrial Training Amendment Act 2006.

     2.         Commencement
                This Act comes into operation on a day to be fixed by
 5              proclamation.

     3.         The Act amended
                The amendments in this Act are to the Industrial Training
                Act 1975*.
                [* Reprinted as at 3 December 1999.
10                 For subsequent amendments see Act No. 28 of 2006.]

     4.         Section 28A inserted
                After section 28 the following section is inserted --
     "
            28A.      Ministerial approval of part-time employment
15                    The Minister may, by notice published in the Gazette,
                      approve of an apprentice, or industrial trainee, of a
                      class specified in the notice being employed on a
                      part-time basis.
                                                                                ".

20   5.         Section 29A amended
                After section 29A(3) the following subsection is inserted --
            "
                (4)   The Director must not approve of the employment of a
                      probationer on a part-time basis unless the Director is
25                    satisfied that an apprenticeship or industrial training
                      agreement in respect of that probationer would meet
                      the requirements of section 29B.
                                                                                ".


     page 2
                                      Industrial Training Amendment Bill 2006



                                                                                s. 6



     6.     Section 29B inserted
            After section 29A the following section is inserted --
     "
          29B.    Part-time employment of apprentices and industrial
 5                trainees
            (1)   An apprenticeship or industrial training agreement
                  must not be registered under this Act if the
                  employment of the apprentice or industrial trainee is to
                  be on a part-time basis unless --
10                  (a) the Minister has approved under section 28A of
                          an apprentice, or industrial trainee, of that class
                          being employed on a part-time basis; and
                    (b) the Director has notified the Registrar that the
                          Director is satisfied that --
15                           (i) the training (including required courses
                                  or skills training programmes) of the
                                  apprentice or industrial trainee can be
                                  completed within the term of the
                                  agreement; and
20                          (ii) the employer will provide the apprentice
                                  or industrial trainee with adequate
                                  training during the term of the
                                  agreement; and
                           (iii) the apprentice or industrial trainee will
25                                be employed for at least the prescribed
                                  minimum hours.
            (2)   For the purposes of this Act, employment of an
                  apprentice or industrial trainee is on a part-time basis if
                  the hours of employment are less than --
30                  (a) the ordinary hours of work specified in the
                          industrial instrument that applies to the
                          employment of the apprentice or industrial
                          trainee; or


                                                                         page 3
     Industrial Training Amendment Bill 2006



     s. 7



                              (b)   if there is no industrial instrument that specifies
                                    the apprentice's or industrial trainee's ordinary
                                    hours of work, the prescribed hours.
                    (3)   In subsection (2) --
 5                        "industrial instrument" means an award or industrial
                               agreement as defined in the Industrial Relations
                               Act 1979, or an award or workplace agreement as
                               defined in the Workplace Relations Act 1996 of the
                               Commonwealth.
10                                                                                        ".

     7.             Section 30 amended
          (1)       Section 30 is amended by inserting before "The" the subsection
                    designation "(1)".
          (2)       At the end of section 30 the following subsection is inserted --
15              "
                    (2)   An apprenticeship agreement or industrial training
                          agreement for an apprentice or industrial trainee who is
                          to be employed part-time may provide for the term of
                          the apprenticeship or industrial training to be up to
20                        50% longer than the term prescribed.
                                                                                          ".

     8.             Section 42 amended
                    After section 42(2)(b) the following paragraph is inserted --
                          "
25                            (c)   provide for a minimum number of hours of
                                    employment of a probationer, apprentice or
                                    industrial trainee;
                                                                                          ".




 


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