Apprenticeship Regulations (ACT)

The Territory for the Seat of Government v Paterson [1937] ACTCA 2 involved a challenge to the Apprenticeship Regulations 1937 made under the Apprenticeship Ordinance 1936. The regulations set out minimum wage rates for apprentices, conditions for registering as an employer of apprentices, and requirements for apprentices to attend trade school and be examined. The Court was required to decide whether the regulations were validly made under the Ordinance and did not exceed the powers conferred by it. The Court found that the regulations were within the scope of the Ordinance as they related to apprentices and set out terms and conditions for their training and employment. The regulations did not seek to impose any new obligations on employers beyond what was required under the Ordinance. Therefore, the regulations were validly made and did not exceed the powers of the Ordinance.

The Court also found that the provisions relating to minimum wage rates for apprentices were reasonable and did not exceed the powers of the Ordinance. While the rates were lower than those for journeymen, the regulations provided for increases in wages as apprentices gained experience and skills over the course of their training. This approach was considered appropriate given the lower level of experience and responsibility of apprentices compared to fully trained journeymen. The provisions were also consistent with other legislation regulating wages for apprentices.