Industry and Commerce Training Act Amendment Act 1985 (Qld)

1617 ®ueen5Innb ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 104 of 1985 An Act to amend the Industry and Commerce Training Act1979 - 1983 in certain particulars [ASSENTED TO 18TH D ECEMBER, 1985]

1618 Industry and Commerce Training Act Amendment Act 1985, No. 104 BE IT ENACTED by the Queen' s Most Excellent Majesty , by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same , as follows:- 1. Short title and citation . (1) This Act may be cited as the Industry and Commerce Training Act Amendment Act 1985. (2) In this Act, the Industry and Commerce Training Act 1979- 1983 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Industry and Commerce Training Act 1979-1985. 2. Amendment of s. 3 . Arrangement . Section 3 of the Principal Act is amended by omitting the expression "ss.106-128" and substituting the expression "ss.105.A-128". 3. Amendment of s. 5. Interpretation . Section 5 of the Principal Act is amended bv- (a) in the definition "guardian"- (i) omitting the words "of an apprentice"; (ii) omitting the words "where an apprentice" and substituting the words "where a person"; (b) inserting after the definition "technician" the following definition:- ""trainee", "other trainee to whom this Act applies" means a trainee under a training agreement entered into pursuant to subsection (6) of section 103;". 4. Repeal of and new s. 81 . The Principal Act is amended by omitting section 81 and substituting the following section:- "81. Variation of indenture . The covenants, terms and conditions contained in an indenture of apprenticeship may be varied from time to time by mutual consent of all the parties thereto.". 5. Amendment of s. 103. Other trainees . Section 103 of the Principal Act is amended by- (a) omitting subsections (1) and (1 A) and substituting the following subsections:- "(1) The Minister may approve such schemes of training as he considers necessary or desirable to advance knowledge and skills required in industry and commerce. (2) The Minister shall not approve a scheme, of training under this section unless it provides training otherwise than in respect of an apprenticeship calling.

Industry and Commerce Training Act Amendment Act 1619 1985, No. 104 (3) A training scheme approved under this section shall provide for such courses of instruction, on the job training, off- the-job training and certificates of completion as the Minister considers necessary or desirable. (4) The Minister may require or authorize training under a training scheme approved under this section to be undertaken in accordance with a training agreement entered into pursuant to subsection (6). (5) An employer who wishes to enter into a training agreement pursuant to subsection (6), and the proposed trainee thereunder shall make application to the Commissioner in the manner prescribed. The Commissioner shall consider each application and approve or reject it. (6) Where the Commissioner approves the application, the employer, the trainee, his guardian (where the trainee has not attained the age of eighteen years) and the Commissioner shall each execute, as a party thereto, a training agreement containing the prescribed particulars. Copies of the executed training agreement shall be given to the employer, the trainee or his guardian, if any, and one copy shall be retained by the registrar of the Commission. (7) The registrar shall maintain as prescribed, a register of trainees containing the prescribed particulars. (8) Where a trainee successfully completes his training under a training agreement entered into pursuant to subsection (6), the Commission shall issue to him a certificate as prescribed. (9) The Commissioner, for reasons given in writing to the employer and the trainee, may at any time cancel a training agreement, notwithstanding any term or condition in respect of cancellation contained in the training agreement. (10) The Industrial Commission may, and on the application of an industrial union interested in a scheme of training concerned shall, in respect of a trainee or a classification of trainee fix by order- (a) the rate of wages payable for ordinary time worked; (b) other conditions of employment. (11) The power of the Industrial Commission to fix a rate of wages pursuant to subsection (10) includes the power to fix the rate- (a) by reference to the rate of wages payable, or a proportion thereof, under an award to a classification of employee or, as the case may be, another classification of employee, which rate the Industrial Commission considers appropriate for that purpose; (b) by reference to the stages of training of the trainee or classification of trainee concerned and to such

1620 Industry and Commerce Training Act Amendment Act 1985, No. 104 other variations as it considers appropriate having regard to the nature of the training. (12) The power of the Industrial Commission to fix conditions other than the rate of wages payable, pursuant to subsection (10). includes the power to fix those conditions by reference to the conditions applying under an award to a classification of employee or, as the case may be, another classification of employee, by reference to conditions prescribed by the Industrial Conciliation and Arbitration Act 1961-1985, or otherwise. (13) An industrial union may, in an application made by it under subsection (10) in respect of a scheme of training in which it is interested, include an application in respect of a scheme of training in which it is not interested. (14) Where the Industrial Commission, in respect of a trainee or classification of trainee, has fixed by order pursuant to subsection (10) the rate of wages payable for ordinary time worked. or other conditions of employment, the rate so fixed, or, as the case may be, the other conditions so fixed, shall be the minimum wages so payable, and conditions applicable. (15) Where a trainee loses time from a period of employment required under a training agreement entered pursuant to subsection (6), by reason of sickness or any other cause, the Commissioner may extend the period of training under the training agreement or a stage thereof, by the period of time so lost, or by a lesser period, or not at all, as he thinks fit. Where the Commissioner extends the period of training or stage thereof, under this subsection, the training agreement shall be deemed to be varied accordingly. (16) Sections 68, 73, 75 and 81 shall apply to a trainee and for that purpose- (a) a reference therein to an apprentice shall be read and construed as if it were a reference to a trainee; (b) a reference therein to an apprenticeship shall be read and construed as if it were a reference to training undertaken under a training agreement entered into pursuant to subsection (6); (c) a reference therein to an indenture of apprenticeship shall be read and construed as if it were a reference to a training agreement entered into pursuant to subsection (6); (d) subsection (5) of section 73 shall be read and construed as if there were omitted therefrom- (i) all words from and including "the industry and commerce" to and including "no such committee, to"; and (ii) the words "committee or, as the case may be,"; (e) subsection (1) of section 75 shall be read and construed as if the words "or by his training agreement" were inserted after the words "by this Act" wherever they occur.

Industry and Commerce Training Act Amendment Act 1621 1985, No. 104 (17) Notwithstanding the commencement of section 5 of the Industry and Commerce Training Act Amendment Act 1985, and the repeal thereby of subsection (1A) of section 103 of the Industry and Commerce Training Act 1979-1983, a training agreement entered into pursuant to that subsection shall continue in force and shall be deemed to have been entered into pursuant to subsection (6) of this section."; (b) redesignating subsection (2) as subsection (18). 6. New section 105A. The Principal Act is amended by inserting after the heading "Part VII-General provisions" where it occurs after section 105, the following section:- "105A. Training record . (1) The Commission may, for the purposes of this section, from time to time issue to an apprentice, adult trainee, trainee technician or trainee a training record book containing instructions in respect of the completion thereof. (2) A person to whom a training record book is issued pursuant to subsection (1) shall maintain therein a record of his training and produce it to his employer from time to time in accordance with the instructions set forth in the training record book and in accordance with such further written instructions as the Commissioner may give to him, from time to time. (3) An employer to whom a training record book is produced pursuant to subsection (2) shall make, in respect of each entry therein, a notation indicating whether or not the entry is correct. A notation may be in respect of more than one entry. (4) Upon being required to do so by a person authorized under this Act in that behalf, a person to whom a training record book is issued pursuant to subsection (1) shall produce the record book for inspection. (5) The provisions of section 94 shall not apply to any person to whom a training record book has been issued pursuant to subsection (1), or to his employer.".