Industry and Commerce Training Act Amendment Act 1987 (Qld)

560 (uven5Iaub ANNO TRICESIMO SEXTO ELIZA ET AE SECUNDAE R EGINAE An Act to Amend the Industry and Co mmerce Training Act 1979-1986 in certain particulars [ASSENTED TO 14TH SEPTEMBER, 1987]

Industry and Commerce Training Act Amendment Act 1987, No. 49 561 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 . This Act may be cited as the Industry and Commerce Training Act Amendment Act 1987. 2. Citation . (1) In this Act the Industry and Commerce TrainingAct 1979-1986 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Industry and Commerce Training Act 1979-1987. 3. Amendment of s. 5. Interpretation. Section 5 of the Principal Act is amended in subsection (1) by- (a) omitting from the definition "adult trainee" the word "a", occurring before the word "calling", and substituting the words "an apprenticeship"; (b) omitting the definition "technician"; (c) omitting from the definition "trainee" the words "subsection (6) of'; (d) omitting the definition "trainee technician" and substituting the following definitions:- "trainee technician" means a person who undertakes training under an agreement made pursuant to section 102; "training consultant" means a person appointed under this Act as a training consultant;". 4. Amendment of s. 15 . Power of delegation by Commission or committee . Section 15 of the Principal Act is amended by- (a) in subsection (1), omitting the words "or an industry and commerce advisory committee" where twice occurring and substituting the words ", an industry and commerce advisory committee or a regional advisory committee" in each case; (b) in subsection (2), omitting the words "or an industry and commerce advisory committee" and substituting the words ", an industry and commerce advisory committee or a regional advisory committee"; (c) in subsection (4), inserting after the words "an industry and commerce advisory committee" where twice occurring the words "or a regional advisory committee" in each case; (d) in subsection (5), inserting after the words "an industry and commerce advisory committee" the words "or a regional advisory committee".

562 Industry and Commerce Training Act Amendment Act 1987, No. 49 5. Amendment of s. 17. Remuneration to members of Commission and committees . Section 17 of the Principal Act is amended by- (a) in subsection (1), omitting the words "an industry and commerce advisory" where secondly occurring and substituting the words "any such"; (b) in subsection (2), adding after the word "committee" the words "or sub-committee"; (c) in subsection (3), inserting after the word "committee" the words "or sub-committee"; (d) in subsection (4), inserting after the word "committee" the words "or sub-committee". 6. Amendment of s. 35A. Annual report . Section 35A of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:- "(2) The report shall include information in accordance with the prescribed requirements (within the meaning of the FinancialAdministration and Audit Act 1977-1985) and such other information as the Minister may require.". 7. Amendment of s. 37. Composition . Section 37 of the Principal Act is amended in subsection (1) by inserting in paragraph (a) after the words "the Deputy Commissioner" the words "or his nominee". 8. Amendment of s. 50. Power of Commission to disallow resolution and annul act of committee . Section 50 of the Principal Act is amended by adding to the end thereof the following paragraph:- "Upon disallowing a resolution or annulling an act, matter or thing, the Commission may give directions to the committee concerned on how to proceed, whereupon the committee shall proceed in accordance with those directions.". 9. New s. 53A. The Principal Act is amended by inserting after section 53 the following section:- "53A. Sub-committees . (1) A regional advisory committee may appoint such persons as it thinks fit, including its own members, to constitute such sub-committees as it considers necessary to assist it in the exercise of its powers and authorities and the performance of its functions and duties. (2) A sub-committee of a regional advisory committee shall meet at such times and conduct its business in such a manner as the regional advisory committee may approve.". 10. New s. 60A. The Principal Act is amended by inserting after section 60 the following section:- "60A. Power of Commission to disallow resolution and annul act of committee . The Commission may disallow any resolution of and annul any act, matter or thing made, done or commenced

Industry and Commerce Training Act Amendment Act 1987, No. 49 563 by a regional advisory committee but before doing so shall give to the committee concerned an opportunity of being heard on the resolution, act, matter or thing under review. The procedure with respect to a hearing specified in this section shall be as prescribed or so far as not prescribed as the Commission determines. Upon disallowing a resolution or annulling an act, matter or thing, the Commission may give directions to the committee concerned on how to proceed, whereupon the committee shall proceed in accordance with those directions.". 11. Amendment of s. 63. Probationers . Section 63 of the Principal Act is amended by omitting from subsection (1) the words "as the appropriate industry and commerce advisory committee allows." and substituting the following words:- "as may be allowed by- (a) the regional advisory committee appointed for the region in which the employer conducts his business; (b) where there is no regional advisory committee for that region, the industry and commerce advisory committee for the appropriate apprenticeship calling; (c) where there is neither such committee, the Commissioner.". 12. Amendment of s. 70 . Transfer of apprentice . Section 70 of the Principal Act is amended by- (a) omitting subsection (2); (b) renumbering subsections (1), (3), (4), (5) and (6) as subsections (2), (6), (7), (9) and (10) respectively; (c) inserting before subsection (2), as renumbered, the following subsection:- "(1) In this section, the expression "committee concerned" used in respect of an apprentice who has been or is to be transferred to a new employer means- (a) the regional advisory committee appointed for the region in which the new employer conducts his business; (b) where there is no regional advisory committee for that region, the industry and commerce advisory committee for the appropriate apprenticeship calling."; (d) in subsection (2), as renumbered, omitting from the general words preceding paragraph (a) all words from and including the words "The industry" to and including the words "in question," and substituting the words "The committee concerned or, where there is no such committee,";

564 Industry and Commerce Training Act Amendment Act 1987, No. 49 (e) inserting after subsection (2), as renumbered, the following subsections;- "(3) An application for the transfer of an apprentice made pursuant to paragraph (b) of subsection (2) shall be made in a form approved by the Commissioner and completed by the present employer, and proposed new employer, the guardian, if any, of the apprentice and the apprentice and shall be lodged with the Commissioner or may, where there is a regional advisory committee appointed for the region in which the proposed new employer conducts his business, be lodged with the secretary to that committee. (4) Before an apprentice is transferred pursuant to paragraph (a) or (b) of subsection (2), the secretary to the committee concerned or, where there is no such committee, a person authorized in that behalf by the Commissioner shall give the present employer, the proposed new employer, the guardian, if any, of the apprentice and the apprentice notification in a form approved by the Commissioner authorizing the transfer. (5) At the expiration of a period of one month after an apprentice commences employment with a new employer pursuant to subsections (2), (3) and (4), the committee concerned or, where there is no such committee, the Commissioner shall, unless the new employer has terminated the services of the apprentice pursuant to subsection (7), assign the indenture of the apprentice to the new employer by instrument in the prescribed form containing the prescribed covenants, terms and conditions and executed and dealt with as prescribed."; (f) in subsection (6), as renumbered- (i) omitting the words "subsection (2), where the industry and commerce advisory" and substituting the words "subsections (2), (3), (4) and (5), where the"; (ii) omitting the words "the prescribed form" and substituting the words "a form approved by the Commissioner"; (g) in subsection (7), as renumbered, omitting from paragraph (b) the words "industry and commerce advisory"; (h) inserting after subsection (7), as renumbered, the following subsection:- "(8) Where an apprentice has been employed by a new employer for a period of one month and his transfer to that employer has not been authorized pursuant to subsections (2), (3) and (4) or, as the case may be, subsection (6), the transfer shall for all purposes, other than those of subsection (10), be deemed to have been authorized by the committee concerned or, where there is no such committee, by the Commissioner on and from the date on which the apprentice commenced employment with that employer.";

Industry and Commerce Training Act Amendment Act 1987, No. 49 - 565 (i) in subsection (9), as renumbered, omitting the first paragraph and substituting the following paragraph:- "Except in the case of a temporary transfer authorized under subsection (6), where at the expiration of a period of two months after an apprentice commences employment with a new employer, whether the transfer has been authorized or not- (a) the apprentice remains in that employment; and (b) the indenture has not been assigned to the new employer in accordance with subsection (5), the indenture shall for all purposes, other than those of subsection (10), be deemed to have been assigned to the new employer on and from the date on which the apprentice commenced employment with that employer."; (j) in subsection (10), as renumbered, omitting the expression "(3)" and substituting the expression "(6)"; (k) adding at the end of the section the following subsection:- "(11) Notwithstanding the provisions of this Act or any other Act, law or practice, an apprentice engaged or employed by any person in an apprenticeship calling in contravention of this section shall be entitled to the wages, working conditions, sick leave and annual holidays for the time being applicable to an apprentice engaged or employed in accordance with this section.". 13. Amendment of s. 72. Inability of employer to provide work for an apprentice . Section 72 of the Principal Act is amended in subsection (1) by omitting the second and third paragraphs and substituting the following paragraphs:- "Where the employer and the guardian, if any, or the apprentice cannot reach agreement, the employer or the guardian, if any, or the apprentice may apply to the regional advisory committee appointed for the region in which the employer conducts his business or, where there is no such committee, to the industry and commerce advisory committee for the appropriate apprenticeship calling or, where there is neither such committee, to the Commissioner to arrange the transfer and execute an assignment of the indenture or to have the indenture cancelled. The apprentice shall remain in the employment of the employer pending the decision of the committee or, as the case may be, the Commissioner.". 14. Amendment of s. 97. Account and audit . Section 97 of the Principal Act is amended by omitting subsections (3), (4), (5), (6), (7), (8) and (9) and substituting the following subsection:- "(3) For the purpose of the application of the provisions of the Financial Administration and Audit Act 1977-1985 to the

566 Industry and Commerce Training Act Amendment Act 1987, No. 49 accounts relating to the General Fund, the accounts shall be deemed to be miscellaneous departmental accounts within the meaning of that Act and the Commissioner shall be deemed to be the accounting officer (within the meaning of that Act) for those accounts.". 15. Amendment of s. 103. Other trainees . Section 103 of the Principal Act is amended by omitting subsection (18) and substituting the following subsections:- "(18) The Commission may direct a training consultant and may authorize any other person (whether or not employed in the Public Service of the State) to investigate any scheme of training proposed for the Minister's approval or already approved by the Minister. (19) A person shall, upon completing his investigations into a scheme of training, furnish to the Commission a report of the results of the investigations and his recommendations in respect of the scheme. (20) Where a training agreement has not been executed pursuant to subsection (6) in respect of a person training under an approved scheme of training, the person shall, if training under training conditions substantially the same as those that would be specified in such a training agreement, be entitled to the wages, working conditions, sick leave and annual holidays for the time being applicable to a person training under such a training agreement.". 16. Renumbering of section 103A. The Principal Act is amended by renumbering section 103A as section 103B. 17. New s. 103A. The Principal Act is amended by inserting after section 103 the following section:- "103A . Commission may approve training programmes. (1) The Commission may approve such training programmes as it considers necessary or desirable for training persons, other than in accordance with training agreements under section 102 or 103, in any aspect of industry or commerce. (2) Where the Commission approves a training programme, the secretary to the Commission shall issue to the persons responsible for the programme a certificate of approval in a form determined by the Commission. (3) The Commission may at any time withdraw approval given under this section. (4) The Commission may direct a training consultant and may authorize any other person (whether or not employed in the Public Service of the State) to investigate any training programme proposed for its approval or already approved by it.

Industry and Commerce Training Act Amendment Act 1987, No. 49 567 (5) A person shall, upon completing his investigations into a training programme, furnish to the Commission a report of the results of the investigations and his recommendations in respect of the programme.". 18. Amendment of s. 115. Payment to industrial inspector or commission inspector of mone y due to apprentice or trainee . Section 115 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- "(1) Upon demand made by any industrial inspector or commission inspector in that behalf, an employer shall pay to him the amount of money due under this Act to any apprentice, person under the age of 21 years referred to in section 106 (3), trainee technician, adult trainee or other trainee to whom this Act applies, which amount remains unpaid in respect of the period of 12 months last preceding the, date of the demand."; (b) in subsection (3), omitting the words "or adult trainee" and substituting the words ", adult trainee or other trainee to whom this Act applies". 19. Amendment of s. 116 . Payment of money to clerk of the court. Section 116 of the Principal Act. is amended by- (a) omitting the words "or adult trainee", where firstly occurring, and substituting the words ", adult trainee or other trainee to whom this Act applies"; (b) omitting the words "or adult trainee", where secondly and thirdly occurring, and substituting the words ", adult trainee or other trainee" in each case.