Industry and Commerce Training Act Amendment Act 1988 (Qld)

71 ( ucen lanb ' ANNO TRICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 10 of 1988 An Act to amend the Industry and Commerce Training Act1979- 1987 in certain particulars [ASSENTED TO 7TH APRIL, 1988]

72 Industry and Commerce Training Act Amendment Act 1988, No. 10 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 1988. 2. Commencement . (1) Section 1 and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), the provisions of this Act or such of those provisions as are specified in the Proclamation shall commence on a date or dates to be appointed by Proclamation. 3. Citation. (1) In this Act the Industry and Commerce TrainingAct 1979-1987 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 1979-1988. 4. Amendment of s. 63. Probationers . Section 63 of the Principal Act is amended by- (a) in subsection (1), omitting the paragraph commencing with the words "Where a probationer" and substituting the following paragraph:- "The probationary period served by a probationer shall be included in and form part of the period of his apprenticeship."; (b) omitting subsection (2) and substituting the following subsection:- "(2) (a) The service of a probationer may be terminated during the probationary period or any extension of that period by the giving of one week's notice- (i) by the probationer to the employer and if not so given the probationer shall forfeit to the employer one week' s wages in lieu of notice; (ii) by the employer to the probationer and if not so given the employer shall pay the probationer one week's wages in lieu of notice except where the service is terminated because of the dishonesty of the probationer. (b) Where a notice of termination is given at a time less than one week before the expiration of the probationary period- (i) by the probationer, he shall forfeit to the employer; or (ii) by the employer, he shall pay the probationer, wages in lieu of notice in an amount such that the total of the amount of wages for the days remaining in the probationary period after the notice is given and the amount of wages which the probationer is to forfeit or the employer is to pay, as the case may be, shall be equivalent to one week's wages.".

Industry and Commerce Training Act Amendment Act 1988, No. 10 73 (c) omitting subsection (3) and substituting the following subsection:- "(3) An indenture signed pursuant to section 66 prior to the termination of the service of a probationer during the probationary period in accordance with this section shall be cancelled by the termination and be of no further force or effect.". 5. Amendment of s. 66. Indenture of apprenticeship . Section 66 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- "(1) When a person becomes an apprentice in accordance with section 62 the employer, the apprentice (and in the case of an apprentice who is under the age of 18 years, his guardian) shall enter into an indenture prior to the expiration of the period of probation or any extension of that period."; (b) in paragraph (b) of subsection (2)- (i) inserting after subparagraph (i), the word "and"; (ii) at the end of subparagraph (ii), omitting the words "; and" and substituting the expression "."; (iii) omitting subparagraph (iii); (c) in subsection (3)- (i) omitting the words "has been employed by that employer for two months longer than" and substituting the words "continues to be employed by that employer after"; (ii) omitting all words from and including "This subsection shall" to and including "of that period.". 6. Amendment of s. 70 . Transfer of apprentices . Section 70 of the Principal Act is amended by- (a) after subsection 2, inserting the following subsection:- "(2A) The Commissioner may, upon the application of the present employer of an apprentice, a proposed new employer of that apprentice, the guardian, if any, of the apprentice and the apprentice, transfer temporarily or permanently an apprentice from the present employer to the proposed new employer where the present employer, the proposed new employer, the guardian, if any, of the apprentice and the apprentice are agreeable to the transfer."; (b) in subsection (3), after the words "of subsection (2)" inserting the words "or subsection (2A)"; (c) in subsection (4), omitting the words ", the secretary to the committee concerned or, where there is no such committee, a person

74 Industry and Commerce Training Act Amendment Act 1988, No. 10 authorized in that behalf by" and inserting the words "or subsection (2A),"; (d) in subsection (5)- (i) after the words "subsections (2)," insert the expression "(2A),"; (ii) omitting the words "the committee concerned or, where there is no such committee,"; (iii) after the word "unless" omitting the words "the new employer has terminated"; (iv) after the words "the services of the apprentice" inserting the words "with the new employer have been terminated"; (e) in subsection (6), after the words "subsections (2)," inserting the expression "(2A),"; (f) in subsection (8)- (i) after the words "subsections (2)," insert the expression "(2A)," (ii) omitting the words "where there is no such committee, by the" and substituting the words "as the case may be,". 7. Amendment of s. 75. Penalties relating to course of instruction undertaken . by apprentice . Section 75 of the Principal Act is amended by, in subsection 2, after the words "by a decision of " omitting the word "the" where it first occurs. 8. Amendment of s. 80 . Cancellation of indenture . Section 80 of the Principal Act is amended by- (a) making the existing provision subsection (1) by inserting after the note to the section the expression "(1)"; (b) inserting after subsection (1) the following subsection:- "(2) The Commissioner may cancel the indenture of an apprentice upon receipt of a request to that effect from the employer, the apprentice and the guardian, if any, of the apprentice.". 9. Repeal of and new s. 81 . The Principal Act is amended by repealing section 81 and substituting the following section:- "81. Variation of indenture . (1) The covenants terms and conditions contained in an indenture of apprenticeship may be varied by agreement between the employer, the apprentice and the guardian, if any, of the apprentice in accordance with the provisions of this section. (2) A variation of the covenants terms and conditions contained in an indenture of apprenticeship shall be void and of no effect unless- (a) a form of variation of indenture of apprenticeship approved by the Commissioner has been completed

Industry and Commerce Training Act Amendment Act 1988, No. 10 75 and signed by the employer, the apprentice and the guardian, if any, of the apprentice and lodged with the Commissioner; and (b) the Commissioner approves of the variation and signs the variation of indenture of apprenticeship form lodged with him in accordance with subparagraph (a). (3) On and from the date that the Commissioner signs the variation of indenture of apprenticeship form, the covenants terms and conditions contained in the indenture of apprenticeship shall be deemed to be varied in accordance with the variations set out in the variation of indenture of apprenticeship form and the indenture shall thereafter be read and construed accordingly. (4) The Commissioner shall notify the employer, the apprentice and the guardian, if any, of the apprentice of his decision in respect of a variation in accordance with subsection (2) and where he has approved of a variation and signed the variation of indenture of apprenticeship form he shall send copies thereof to the employer and the guardian or if there is no guardian, the apprentice.". 10. Repeal of s. 82. Surrender of cancelled indenture . The Principal Act is amended by repealing section 82. 11. Repeal of and new s. 83. The Principal Act is amended by repealing section 83 and substituting the following section:- "83. Advice of service after termination of apprenticeship or transfer of apprentice . Upon the termination from any cause of an apprenticeship or the transfer under an assignment of an indenture of apprenticeship of an apprentice from one employer to another, the former employer of the apprentice shall, within 30 days after the termination or transfer, advise the secretary to the Commission or a regional advisory committee, of full details of the time served by the apprentice with him.". 12. Amendment o f s. 84. Certificate after completion of apprenticeship . Section 84 of the Principal Act is amended by- (a) making the existing provision subsection (1) by inserting after the note to the section the expression "(1)"; (b) inserting after subsection (1) the following subsection- "(2) Notwithstanding subsection (1), where the period of indenture of an apprentice is incomplete by a period not exceeding 14 days, the Commission may issue a certificate prescribed in subsection (1) to that apprentice.". 13. Repeal of and new s. 88. The Principal Act is amended by repealing section 88 and substituting the following section- "88. Lost time . Where an apprentice, during any year of his apprenticeship, is absent from work during ordinary working

76 Industry and Commerce Training Act Amendment Act 1988, No. 10 hours for reasons other than annual leave, statutory holidays or attendance at a prescribed course of instruction and the time, if any, worked by him in excess of his ordinary working hours in that year is not equal to or greater than the time he was so absent from work, that year of his apprenticeship shall be extended by the difference between those times.". 14. Repeal of s. 89 . Proficiency awards. The Principal Act is amended by repealing section 89. 15. Repeal of s. 90. Maximum reduction of period of apprenticeship. The Principal Act is amended by repealing section 90. 16. Amendment of s. 104. Training establishments . Section 104 of the Principal Act is amended by, in subsection (13), omitting the word "that" and substituting the words "in respect of which a notification has been published pursuant to subsection (1) but which". 17. Amendment of s. 110 . O ffences with respect to employment of apprentices . Section 110 of the Principal Act is amended by- (a) in the note to the section, inserting after the word "apprentices" the words "and other persons to whom this Act applies"; (b) in paragraph (a)- (i) after the word "apprentice" omitting the word "or" and substituting the expression ","; (ii) after the word "trainee" inserting the words ", trainee technician or other trainee"; (c) in paragraph (b)- (i) after the word "apprentice" omitting the word "or" and substituting the expression ","; (ii) after the word "trainee" inserting the words ", trainee technician or other trainee".