Industrial Training Legislation Amendment Regulations 2008 (WA)
!200800128GG!
WESTERN 3371 AUSTRALIAN GOVERNMENT
| ISSN 1448-949X | PRINT POST APPROVED PP665002/00041 |
PERTH, WEDNESDAY, 23 JULY 2008 No. 128 SPECIAL PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.30 PM
© STATE OF WESTERN AUSTRALIA
INDUSTRIAL TRAINING ACT 1975
_________
INDUSTRIAL TRAINING
LEGISLATION AMENDMENT
REGULATIONS 2008
23 July 2008 GOVERNMENT GAZETTE, WA 3373
Industrial Training Act 1975
Industrial Training Legislation Amendment
Regulations 2008
Made by the Governor in Executive Council.
Part 1 — Preliminary
1. Citation
These regulations are the Industrial Training Legislation
Amendment Regulations 2008.
2. Commencement
These regulations come into operation as follows:
(a)
regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on 1 August 2008.
3374 GOVERNMENT GAZETTE, WA 23 July 2008 Industrial Training Legislation Amendment Regulations 2008
Part 2 Industrial Training (General Apprenticeship) Regulations 1981 r. 3 Part 2 — Industrial Training (General Apprenticeship)
Regulations 1981
3. The regulations amended
The amendments in this Part are to the Industrial Training
(General Apprenticeship) Regulations 1981.
4. Regulation 3 amended
Regulation 3 is amended by deleting “trades and groups of trades specified in the Schedule 1.” and inserting instead —
“ apprenticeship trades. ”.
5. Regulation 4 amended
Regulation 4 is amended as follows:
(a)
by deleting the definitions of “advisory board”, “apprentice” and “approved college”;
(b) by inserting in the appropriate alphabetical positions — “
“registered training provider” has the meaning given
in the Vocational Education and Training
Act 1996 section 5(1);
“Training Contract” means the document entitled “Apprenticeship/Traineeship Training Contract Western Australia”, prepared by the Department,
the text of which is set out in Schedule 1;
”.
23 July 2008 GOVERNMENT GAZETTE, WA 3375 Industrial Training Legislation Amendment Regulations 2008
Industrial Training (General Apprenticeship) Regulations 1981 Part 2 r. 6
6. Regulation 7 replaced
Regulation 7 is repealed and the following regulation is inserted
instead —“ 7. Probationary employment
(1)
A notification to the Registrar under section 29A of the Act is to be made by submitting to the Registrar a duly completed and executed copy of the Training Contract.
(2) If an employer submits the Training Contract in
accordance with subregulation (1), the employer is
taken to have made an application to the Director under
section 29A of the Act for approval to establish the
apprenticeship specified in the Training Contract.”.
7. Regulation 8 amended
Regulation 8(3) is amended by deleting “employer, the
probationer and the parent or guardian of the probationer” and
inserting instead —
“employer and the probationer (and, if the probationer is
under 18 years of age, the probationer’s parent orguardian)
”.
8. Regulation 9 amended
Regulation 9(2) is repealed and the following subregulations are
inserted instead —
“
(2) If the employment of a probationer is terminated
during the period of probation, the employer shall,
within 5 working days after the termination, notify the
Registrar of that fact.
3376 GOVERNMENT GAZETTE, WA 23 July 2008 Industrial Training Legislation Amendment Regulations 2008
Part 2 Industrial Training (General Apprenticeship) Regulations 1981 r. 9
(3) If at the expiration of the period of probation, the
employer or the apprentice (or, if the apprentice is
under 18 years of age, the apprentice’s parent or
guardian) does not wish to continue with the
employment, the employer shall, within 5 working
days after the expiration of the period of probation,
notify the Registrar of that fact.”.
Note: The heading to amended regulation 9 is to read “Extension,
termination and expiration of probationary period”.
9. Regulation 10 replaced
Regulation 10 is repealed and the following regulation is
inserted instead —“ 10. Agreement
(1) For the purposes of section 30(1)(b) of the Act, an
apprenticeship agreement is to be in the form of the
Training Contract.(2) A Training Contract duly completed and executed by
an employer and an apprentice (and, if the apprentice is
under 18 years of age, the apprentice’s parent or
guardian) has effect as an apprenticeship agreement
only if —
(a)
the Training Contract is submitted in accordance with regulation 7(1); and
(b)
the establishment of the apprenticeship specified in the Training Contract is approved by the Director; and
(c)
no notice is required to be given under regulation 9(2) or (3) in respect of the employment.
23 July 2008 GOVERNMENT GAZETTE, WA 3377 Industrial Training Legislation Amendment Regulations 2008
Industrial Training (General Apprenticeship) Regulations 1981 Part 2 r. 10
(3) The following provisions apply in relation to a
Training Contract that has effect under
subregulation (2) —
(a)
the employer and the apprentice (and, if the apprentice is under 18 years of age, the apprentice’s parent or guardian) are to be taken to have entered into the apprenticeship agreement on the day after the period of probation expires;
(b)
the employer is to be taken to have made an application to the Registrar under section 31(2) of the Act, on the 14th day after the period of probation expires, for registration of the apprenticeship agreement.
(4) The Registrar shall not register an apprenticeship
agreement unless he or she is satisfied that no objection
in relation to that apprenticeship has been lodged, or, if
an objection has been so lodged, the Director has
approved of the registration of the agreement.”.
10. Regulation 12 amended
(1) Regulation 12(4) is amended by deleting “, the apprentice and
the parent or guardian of the apprentice” and inserting
instead —
“and the apprentice (and, if the apprentice is under
18 years of age, the apprentice’s parent or guardian)
”.
(2) Regulation 12(6) is amended by deleting “and his parent or
guardian,” and inserting instead —
“(and, if the apprentice is under 18 years of age, the
apprentice’s parent or guardian),
”.
3378 GOVERNMENT GAZETTE, WA 23 July 2008 Industrial Training Legislation Amendment Regulations 2008
Part 2 Industrial Training (General Apprenticeship) Regulations 1981 r. 11 11. Regulation 13 amended
(1) Regulation 13(1) is amended by deleting “or guardian” and
inserting instead —
“(or, if the apprentice is under 18 years of age, the
apprentice’s parent or guardian)
”.
(2) Regulation 13(3) is amended by deleting “and his parent or
guardian” and inserting instead —
“(and, if the apprentice is under 18 years of age, the
apprentice’s parent or guardian)
”.
(3)
Regulation 13(4) is amended by deleting “employer, the apprentice and parent or guardian of the apprentice” and inserting instead —
“ employer and the apprentice (and, if the apprentice is
under 18 years of age, the apprentice’s parent orguardian)
”.
12. Regulation 15 amended
Regulation 15 is amended by deleting “apprentice, his parent or
guardian” and inserting instead —
“apprentice (or, if the apprentice is under 18 years of
age, the apprentice’s parent or guardian)
”.
23 July 2008 GOVERNMENT GAZETTE, WA 3379 Industrial Training Legislation Amendment Regulations 2008
Industrial Training (General Apprenticeship) Regulations 1981 Part 2 r. 13
13. Regulation 17 amended
(1) Regulation 17(9) is amended by deleting “his parent or
guardian” and inserting instead —
“him (or, if he is under 18 years of age, his parent or
guardian)
”.
(2) Regulation 17(14) is amended by deleting “the Technical
Education Division of the Education Department or an approved
college” and inserting instead —“ a registered training provider ”. 14. Regulation 18 amended
(1) Regulation 18(1) is repealed and the following subregulation is
inserted instead —“
(1) The results of every examination of an apprentice
conducted by a registered training provider shall be
forwarded by that registered training provider to the
Director.”.
(2) Regulation 18(2) is amended by deleting “Technical Education
Division or approved college, as the case requires,” and
inserting instead —“ registered training provider ”.
3380 GOVERNMENT GAZETTE, WA 23 July 2008 Industrial Training Legislation Amendment Regulations 2008
Part 2 Industrial Training (General Apprenticeship) Regulations 1981 r. 15 15. Regulation 23 amended
Regulation 23(5) is amended by deleting “Regulation 29A of
the Industrial Commission Regulations 1980” and inserting
instead —
“Regulation 101 of the Industrial Relations Commission
Regulations 2005
”.
Note: The heading to amended regulation 23 is to read “Appeals to The
Western Australian Industrial Relations Commission”.
16. Regulation 24 inserted
After regulation 23 the following regulation is inserted —
“ 24. Transitional provisions
Schedule 2 sets out transitional provisions.
”.
17. Schedules 2 and 3 replaced by Schedules 1 and 2
Schedules 2 and 3 are repealed and the following Schedules are
inserted instead —“ Schedule 1 — Training Contract
[r. 4]
23 July 2008 GOVERNMENT GAZETTE, WA 3381 Industrial Training Legislation Amendment Regulations 2008
Industrial Training (General Apprenticeship) Regulations 1981 Part 2 r. 17
3382 GOVERNMENT GAZETTE, WA 23 July 2008 Industrial Training Legislation Amendment Regulations 2008
Part 2 Industrial Training (General Apprenticeship) Regulations 1981 r. 17
23 July 2008 GOVERNMENT GAZETTE, WA 3383 Industrial Training Legislation Amendment Regulations 2008
Industrial Training (General Apprenticeship) Regulations 1981 Part 2 r. 17
3384 GOVERNMENT GAZETTE, WA 23 July 2008 Industrial Training Legislation Amendment Regulations 2008
Part 2 Industrial Training (General Apprenticeship) Regulations 1981 r. 17
23 July 2008 GOVERNMENT GAZETTE, WA 3385 Industrial Training Legislation Amendment Regulations 2008
Industrial Training (General Apprenticeship) Regulations 1981 Part 2 r. 17
3386 GOVERNMENT GAZETTE, WA 23 July 2008 Industrial Training Legislation Amendment Regulations 2008
Part 2 Industrial Training (General Apprenticeship) Regulations 1981 r. 17
23 July 2008 GOVERNMENT GAZETTE, WA 3387 Industrial Training Legislation Amendment Regulations 2008
Industrial Training (General Apprenticeship) Regulations 1981 Part 2 r. 17
Schedule 2 — Transitional provisions
[r. 24]
1. Provisions relating to the Industrial Training Legislation Amendment Regulations 2008
(1) In this clause — “pre - 1 August 2008 regulations” means these regulations as in force immediately before 1 August 2008.
(2) Regulations 7 to 10, 12, 13, 15 and 17(9) and Schedules 2
and 3 of the pre – 1 August 2008 regulations continue to
apply to and in relation to a person who commenced
employment as a probationer before 1 August 2008.(3) These regulations do not apply to and in relation to a person
who commenced employment as a probationer before
1 August 2008 to the extent that they are inconsistent with
the provisions of the pre – 1 August 2008 regulations
applied under subclause (2).”.
3388 GOVERNMENT GAZETTE, WA 23 July 2008 Industrial Training Legislation Amendment Regulations 2008
Part 3 Industrial Training (Apprenticeship Training) Regulations 1981 r. 18 Part 3 — Industrial Training (Apprenticeship Training)
Regulations 1981
18. The regulations amended
The amendments in this Part are to the Industrial Training
(Apprenticeship Training) Regulations 1981.
19. Regulation 4 amended
Regulation 4 is amended as follows:
(a) in the definition of “directed” by deleting “the Director of Technical Education or”; (b) in the definition of “directed” by deleting “an approved college;” and inserting instead — “ a registered training provider; ”;
(c) by inserting in the appropriate alphabetical position — “
“Council” means the Training Accreditation Council
established by the Vocational Education and
Training Act 1996 section 25(1);
”.
20. Regulation 5 amended
Regulation 5(3) is repealed.
21. Regulation 7 amended
Regulation 7(2) is amended by deleting “the Technical
Education Division of the Education Department or an approved
college” and inserting instead —“ a registered training provider ”.
By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.
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