Industrial Training Act 1975

Industrial Training (Apprenticeship Training) Regulations 1981

Reprint 2: The regulations as at 6 April 2007

 


Guide for using this reprint

What the reprint includes

Endnotes, Compilation table, and Table of provisions that have not come into operation

1.Details about the original regulations and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.

2.Transitional, savings, or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.

3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the regulations being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.

Notes amongst text (italicised and within square brackets)

1.If the reprint includes a regulation that was inserted, or has been amended, since the regulations being reprinted were made, editorial notes at the foot of the regulation give some history of how the regulation came to be as it is. If the regulation replaced an earlier regulation, no history of the earlier regulation is given (the full history of the regulations is in the Compilation table).

Notes of this kind may also be at the foot of Schedules or headings.

2.The other kind of editorial note shows something has been —

removed (because it was repealed or deleted from the law); or

omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).

The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.

Reprint numbering and date

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2.The information in the reprint is current on the date shown as the date as at which the regulations are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.

 

 

 

Reprinted under the Reprints Act 1984 as

at 6 April 2007

Industrial Training (Apprenticeship Training) Regulations 1981

CONTENTS

1.Citation1

2.Repeal and commencement1

3.Construction1

4.Terms used in these regulations1

5.Course of training2

6.Term of apprenticeship2

7.Attendance at classes3

8.Correspondence and training3

9.Alternative direction of Director4

Schedule 1 — Prescribed apprenticeship trades and terms of indenture

Schedule 2 — Attendance at technical training classes on day release

Schedule 3 — Attendance at technical training classes on block release

Schedule 3A — Attendance at technical training classes (irrespective of release type)

Schedule 4 — Technical training comprising correspondence lessons and/or courses of intensive training

 

Notes

Compilation table15

Defined Terms

 

 

Crest

Reprinted under the Reprints Act 1984 as

at 6 April 2007

Industrial Training Act 1975

Industrial Training (Apprenticeship Training) Regulations 1981

1.Citation

These regulations may be cited as the Industrial Training (Apprenticeship Training) Regulations 1981 1.

2.Repeal and commencement

The Industrial Training (Apprenticeship Training) Regulations 1978 are repealed on, and these regulations take effect on and from, 20 July 1981.

3.Construction

These regulations shall be construed in conjunction with the Industrial Training (General Apprenticeship) Regulations 1981 as if these regulations were incorporated in and formed part of those regulations.

4.Terms used in these regulations

In these regulations unless the contrary intention appears — 

approved means approved by the Council 2;

directed means under a direction of the Director of Technical Education 3 or the chief executive officer of an approved college 4;

stage in relation to a course of training applicable to a trade means an approved stage of that course;

trade means a trade that is an apprenticeship trade for the purposes of the Act, listed in Schedule 1.

[Regulation 4 amended in Gazette 30 Dec 1983 p. 5028; 24 Dec 1987 p. 4548.]

5.Course of training

(1)The Council 2 may by notice published in the Western Australian Industrial Gazette declare the course of training applicable in relation to any trade.

(2)A notice referred to in subregulation (1) may by subsequent notice be varied or cancelled by the Council 2.

(3)Until the Council 2 pursuant to subregulation (1) declares the course of training applicable in relation to a trade the course of training approved by the Director in relation to that trade under the provisions of the Industrial Arbitration Act 1912 5 and in force immediately before the coming into operation of the Industrial Training Act 1975 is the prescribed course of training in relation to that trade.

6.Term of apprenticeship

(1)The term of an apprenticeship in a trade listed in Schedule 1 is the term specified in that schedule opposite the trade unless it is provided otherwise under these regulations or the Industrial Training (General Apprenticeship) Regulations 1981.

(2)Where an apprentice commences an apprenticeship for a trade during or after 1988 and the term of the apprenticeship is shown in Schedule 1 as 4 or 5 years, the term shall be only 3 years if the apprentice has successfully completed an approved pre‑apprenticeship course consisting of — 

(a)2 or more stages of the course of training for the apprentice’s trade; or

(b)less than 2 stages of the course of training for the apprentice’s trade and the apprentice and his or her employer and, if applicable, parent or guardian agree to a 3 year term.

[Regulation 6 inserted in Gazette 24 Dec 1987 p. 4548; amended in Gazette 19 Sep 2006 p. 3709.]

7.Attendance at classes

(1)In this regulation unless the contrary intention appears column means a column of Schedule 2, Schedule 3 or Schedule 3A.

(2)Subject to regulation 9, an apprentice in a trade specified in column 1 whose term of apprenticeship is for a term specified in column 2 of Schedule 1 shall attend classes conducted by the Technical Education Division of the Education Department 6 or an approved college 4 as directed, at the centre applicable to his case during the first, second, third and, if applicable, fourth year of his apprenticeship for the periods respectively specified opposite and corresponding to his trade in columns 2, 3, 4 and, if applicable, 5.

[Regulation 7 amended in Gazette 28 Sep 1993 p. 5322; 2 Nov 2001 p. 5794.]

8.Correspondence and training

(1)In this regulation unless the contrary intention appears column means a column of Schedule 4.

(2)Subject to regulation 9, an apprentice in a trade specified in column 1 whose term of apprenticeship is for a term specified in column 2 of Schedule 1 and who is directed to undertake instruction by correspondence lessons and to attend classes of intensive training as applicable to his case, shall undertake such lessons and training during the first, second, third and fourth year of his apprenticeship at the rate and for the periods respectively specified opposite and corresponding to his trade in columns 2, 3, 4 and 5 respectively.

9.Alternative direction of Director

Notwithstanding anything in regulations 7 and 8, the Director may direct an apprentice to attend classes and undertake correspondence lessons at such rate, times and for such periods specified in the direction in lieu of the rate, times and periods prescribed by regulations 7 and 8 and effect shall be given to such a direction.

 

Schedule 1

[Reg. 6]

Prescribed apprenticeship trades and terms of indenture

TRADE

TERM

Jewellery

5 years

Watch and Clock Making

 

Watch and Clock Repairing

 

Aircraft Maintenance Engineer — Avionics

4 years

Aircraft Maintenance Engineer — Mechanical

 

Aircraft Maintenance Engineer — Structures

 

Bespoke and Surgical Bootmaking

 

Binding and Finishing

 

Boatbuilding

 

Dental Technician

 

Electrical Installing

 

Electrical Mechanics

 

Electronic Servicing

 

Engine Reconditioning

 

Engineering Tradesperson (Electrical)

 

Footwear Repairing

 

Graphic Pre‑Press

 

Instrument Fitting

 

Locksmithing

 

Modelling (Fibrous Plaster)

 

Optical Mechanics

 

Plumbing and Gasfitting

 

Printing Machining

 

Radio and TV Servicing

 

Roof Plumbing

 

Screen Printing Stencil Preparation

 

Ship Carpentry and Joinery

 

Sprinkler Fitting

 

Tailoring

 

Toolmaking and Jigmaking (Metal Furniture)

 

Turf Management

 

Weighing Instrument Mechanics

 

Automotive Electrician

3.5 years

Automotive Technician

 

Cabinet Maker

 

Engineering Tradesperson (Fabrication)

 

Engineering Tradesperson (Mechanical)

 

Furniture Maker

 

Panel Beater

 

Shipwright and Boatbuilder

 

Stonemason

 

Vehicle Body Builder

 

Vehicle Painter

 

Wood Machinist

 

Baking (Combined Breadmaking and Pastrycooking)

3 years

Breadmaking

 

Bricklaying

 

Carpentry and Joinery

 

Chef

 

Composites Laminating

 

Floorcoverer

 

Footwear Manufacturing

 

Gardener

 

General Butcher

 

Glazier and Glass Processor

 

Hairdresser

 

Landscape Gardener

 

Nurseryperson

 

Painter and Decorator

 

Pastrycooking

 

Plastering

 

Roof Tiling

 

Sawdoctor

 

Signwriter

 

Tilelaying

 

Timber Furniture Finisher

 

Upholsterer

 

Vehicle Trimmer

 

Wall and Ceiling Fixing

 

Bricklaying (Housing)

2 years

Carpentry (Housing)

 

Carpentry Fixing (Housing)

 

Carpentry Formwork (Housing)

 

Carpentry Framing (Housing)

 

Joinery (Housing)

 

Painting (Housing)

 

Plastering (Housing)

 

Steel Framing (Housing)

 

Wall and Ceiling Fixing (Housing)

 

Wall and Floor Tiling (Housing)

 

[Schedule 1 inserted in Gazette 24 Dec 1987 p. 4548‑9; amended in Gazette 25 Nov 1988 p. 4760‑1; 2 Mar 1990 p. 1289; 14 Jan 1992 p. 127‑8 and 130; 16 Oct 1992 p. 5199; 28 Sep 1993 p. 5322; 2 Dec 1994 p. 6385; 10 Oct 1995 p. 4773 and 4774; 28 Nov 1995 p. 5493 and 5494; 17 May 1996 p. 2049; 4 Oct 1996 p. 5231; 12 Oct 2001 p. 5564; 2 Nov 2001 p. 5794; 12 Aug 2005 p. 3652; 18 Nov 2005 p. 5657‑8; 4 Apr 2006 p. 1402; 26 May 2006 p. 1873‑4; 29 Sep 2006 p. 4254, 4256‑7 and 4259; 27 Oct 2006 p. 4565‑6; 31 Jan 2007 p. 237‑8; 30 Mar 2007 p. 1453-4.]

Schedule 2

Attendance at technical training classes on day release

Column 1

Column 2

Technical

Year 1

Days

Column 3

Technical

Year 2

Days

Column 4

Technical

Year 3

Days

Column 5

Technical

Year 4

Days

Bespoke and Surgical Bootmaking ....

18

18

 

 

Bookbinding and Guillotine Machine Operating ......................................


36


36


36

 

Camera Operating, Plate Making and Etching...........................................


36


36


36

 

Composing Machine Mechanism ......

18

36

18

 

Dental Technician ..............................

36

36

36

 

Electrical Installing ............................

36

36

18

 

Engineering Tradesperson (Electrical)

36

36

36

 

Footwear Manufacturing ....................

18

18

 

 

Footwear Repairing ............................

18

18

 

 

Instrument Fitting ...............................

36

36

18

 

Jewellery ............................................

36

18

18

18

Locksmithing .....................................

36

36

18

 

Modelling (Fibrous Plastering) ..........

36

18

18

 

Optical Mechanics .............................

18

18

18

 

Radio and Television Servicing .........

36

36

18

 

Ship Carpentry and Joinery ................

36

36

18

 

Stereotyping .......................................

18

36

18

 

Toolmaking and Jigmaking (Metal Furniture) ......................................


36


36


18

 

Weighing Instrument Mechanics .......

36

36

36

 

For the purpose of this Schedule each day of attendance shall comprise 8 hours.

[Schedule 2 amended in Gazette 1 Nov 1985 p. 4229; 20 Dec 1985 p. 4882; 14 Jan 1992 p. 128 and 130; 28 Sep 1993 p. 5322; 10 Oct 1995 p. 4775; 4 Oct 1996 p. 5231; 18 Nov 2005 p. 5658; 4 Apr 2006 p. 1402; 26 May 2006 p. 1874; 29 Sep 2006 p. 4254, 4257 and 4259; 27 Oct 2006 p. 4566; 31 Jan 2007 p. 238.]

Schedule 3

Attendance at technical training classes on block release

Column 1

Trade

Column 2

Technical Year 1

Column 3

Technical Year 2

Column 4

Technical Year 3

Column 5

Technical Year 4

Aircraft Maintenance Engineer —Avionics

4 blocks of 2 weeks for 40 hours per week

4 blocks of 2 weeks for 40 hours per week

4 blocks of 2 weeks of 40 hours per week

2 blocks of 2 weeks of 40 hours per week

Aircraft Maintenance Engineer —Mechanical

4 blocks of 2 weeks for 40 hours per week

4 blocks of 2 weeks for 40 hours per week

4 blocks of 2 weeks of 40 hours per week

4 blocks of 2 weeks of 40 hours per week

Aircraft Maintenance Engineer — Structures

4 blocks of 2 weeks for 40 hours per week

4 blocks of 2 weeks for 40 hours per week

4 blocks of 2 weeks of 2 40 hours per week

2 blocks of 2 weeks for 40 hours per week

1 block of 2 weeks for 30 hours per week

Instrument Fitting

7 weeks for 40 hours per week during the periods directed

7 weeks for 40 hours per week during the periods directed

4 weeks for 40 hours per week during the periods directed

 

Composing

Printing Machine (Letterpress and/or Lithographic)

8 weeks for 40 hours per week during the periods directed

8 weeks for 40 hours per week during the periods directed

8 weeks for 40 hours per week during the periods directed

 

Engineering Tradesperson (Electrical)

7 weeks and one day at 40 hours per week during the period directed

7 weeks and one day at 40 hours per week during the period directed

7 weeks and one day at 40 hours per week during the period directed

 

Plumbing and Gasfitting

8 weeks for 40 hours per week during the periods directed

6 weeks for 40 hours per week during the periods directed

6 weeks for 40 hours per week during the periods directed

 

Sprinkler Fitting

10 weeks for 40 hours per week during the periods directed

8 weeks for 40 hours per week during the periods directed

8 weeks for 40 hours per week during the periods directed

8 weeks for 40 hours per week during the periods directed

[Schedule 3 amended in Gazette 30 Dec 1983 p. 5028; 1 Nov 1985 p. 4229; 14 Jan 1992 p. 128‑9 and 130‑1; 16 Oct 1992 p. 5199; 28 Sep 1993 p. 5322; 2 Dec 1994 p. 6385; 10 Oct 1995 p. 4775; 4 Oct 1996 p. 5232; 4 Apr 2006 p. 1403; 26 May 2006 p. 1874; 31 Jan 2007 p. 2383; 30 Mar 2007 p. 1454.]

Schedule 3AAttendance at technical training classes (irrespective of release type)

[r. 7(1)]

Column 1

Column 2

Column 3

Column 4

Column 5

Trade

Technical Year 1

Technical Year 2

Technical Year 3

Technical Year 4

Automotive Electrician

352 hours

352 hours

160 hours

 

Automotive Technician

352 hours

352 hours

160 hours

 

Baking (Combined

Breadmaking and Pastrycooking)

310 hours

310 hours

170 hours

 

Breadmaking

295 hours

295 hours

 

 

Bricklaying

320 hours

320 hours

120 hours

 

Bricklaying (Housing)

320 hours

270 hours

 

 

Cabinet Maker

320 hours

320 hours

160 hours

 

Carpentry (Housing)

320 hours

256 hours

 

 

Carpentry and Joinery

320 hours

320 hours

120 hours

 

Carpentry Fixing (Housing)

238 hours

238 hours

 

 

Carpentry Formwork (Housing)

222 hours

222 hours

 

 

Carpentry Framing (Housing)

278 hours

278 hours

 

 

Chef

425 hours

425 hours

 

 

Composites Laminating


267 hours


218 hours


234 hours

 

Engineering Tradesperson (Fabrication)

352 hours

352 hours

160 hours

 

Engineering Tradesperson (Mechanical)

352 hours

352 hours

160 hours

 

Floorcoverer

400 hours

400 hours

 

 

Furniture Maker

320 hours

320 hours

160 hours

 

Gardener

332 hours

332 hours

332 hours

 

General Butcher

360 hours

360 hours

 

 

Glazier and Glass Processor

400 hours

400 hours

 

 

Hairdresser

325 hours

325 hours

 

 

Joinery (Housing)

320 hours

236 hours

 

 

Landscape Gardener

342 hours

342 hours

340 hours

 

Nurseryperson

318 hours

318 hours

318 hours

 

Painter and Decorator

320 hours

280 hours

160 hours

 

Painting (Housing)

293 hours

293 hours

 

 

Panel Beater

352 hours

352 hours

160 hours

 

Pastrycooking

310 hours

310 hours

 

 

Plastering

320 hours

320 hours

120 hours

 

Plastering (Housing)

320 hours

272 hours

 

 

Sawdoctor

225 hours

225 hours

220 hours

 

Shipwright and Boatbuilder

352 hours

352 hours

160 hours

 

Signwriter

320 hours

280 hours

160 hours

 

Steel Framing (Housing)

248 hours

248 hours

 

 

Stonemason

280 hours

280 hours

160 hours

 

Tilelaying

320 hours

320 hours

120 hours

 

Timber Furniture Finisher

400 hours

400 hours

 

 

Turf Management

316 hours

316 hours

316 hours

315 hours

Upholsterer

400 hours

400 hours

 

 

Vehicle Body Builder

352 hours

352 hours

160 hours

 

Vehicle Painter

352 hours

352 hours

160 hours

 

Vehicle Trimmer

352 hours

352 hours

160 hours

 

Wall and Ceiling Fixing

320 hours

320 hours

120 hours

 

Wall and Ceiling Fixing (Housing)

320 hours

240 hours

 

 

Wall and Floor Tiling (Housing)

320 hours

322 hours

 

 

Wood Machinist

320 hours

320 hours

160 hours

 

For the purpose of this Schedule attendance for one day shall be taken to constitute attendance for 8 hours.

[Schedule 3A inserted in Gazette 2 Nov 2001 p. 5795; amended in Gazette 12 Aug 2005 p. 3652; 18 Nov 2005 p. 5658; 4 Apr 2006 p. 1403; 26 May 2006 p. 1874‑5; 29 Sep 2006 p. 4254, 4257 and 4259; 27 Oct 2006 p. 4567; 31 Jan 2007 p. 238; 30 Mar 2007 p. 1455.]

Schedule 4

Technical training comprising correspondence lessons and/or courses of intensive training

Column 1

 

Column 2

Technical Year 1

Column 3

Technical Year 2

Column 4

Technical Year 3

Column 5

Technical Year 4

Trade

Number of Lessons

Days of Intensive Training*

Number of Lessons

Days of Intensive Training

Number of Lessons

Days of Intensive Training

Number of Lessons

Days of Intensive Training

Electrical Installing

18

10

18

10

18

10

15

10

Plumbing and Gasfitting ..............

31

10

13

10

13

10

12

10

Radio and Television Servicing ...............

25

10

20

10

...

10

...

10

Ship Carpentry and Joinery ..................

...

10

...

10

...

10

...

10

*For the purpose of this Schedule in each year the attendance of 10 days shall comprise a period of continuous release and each day of attendance shall comprise 8 hours.

[Schedule 4 amended in Gazette 30 Dec 1983 p. 5028; 1 Nov 1985 p. 4229; 14 Jan 1992 p. 129; 28 Sep 1993 p. 5322; 10 Oct 1995 p. 4775; 4 Oct 1996 p. 5232; 18 Nov 2005 p. 5658; 4 Apr 2006 p. 1403; 26 May 2006 p. 1875; 29 Sep 2006 p. 4254, 4257 and 4259; 27 Oct 2006 p. 4567; 30 Mar 2007 p. 1455.]

dline

 

 

Notes

1This reprint is a compilation as at 6 April 2007 of the Industrial Training (Apprenticeship Training) Regulations 1981 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation

Gazettal

Commencement

Industrial Training (Apprenticeship Training) Regulations 1981

17 Jul 1981 p. 2935‑40

20 Jul 1981 (see r. 2)

Industrial Training (Apprenticeship Training) Amendment Regulations 1983

30 Dec 1983 p. 5027‑8

1 Jan 1984 (see r. 2)

Industrial Training (Apprenticeship Training) Amendment Regulations (No. 2) 1984 7

25 Jan 1985 p. 350

25 Jan 1985

Industrial Training (Apprenticeship Training) Amendment Regulations (No. 3) 1984 7, 8

1 Feb 1985 p. 450
(publication of 18 Jan 1985 p. 264 cancelled 25 Jan 1985 p. 350)

1 Feb 1985

Industrial Training (Apprenticeship Training) Amendment Regulations 1985

8 Feb 1985 p. 542

8 Feb 1985

Industrial Training (Apprenticeship Training) Amendment Regulations (No. 2) 1985

1 Nov 1985 p. 4229

1 Nov 1985

Industrial Training (Apprenticeship Training) Amendment Regulations (No. 3) 1985

8 Nov 1985 p. 4296

8 Nov 1985

Industrial Training (Apprenticeship Training) Amendment Regulations (No. 4) 1985

20 Dec 1985 p. 4882

20 Dec 1985

Industrial Training (Apprenticeship Training) Amendment Regulations 1987

24 Dec 1987 p. 4548‑9

1 Jan 1988 (see r. 2)

Industrial Training (Apprenticeship Training) Amendment Regulations 1988

25 Nov 1988 p. 4760‑1

25 Nov 1988

Industrial Training (Apprenticeship Training) Amendment Regulations 1989

2 Mar 1990 p. 1289

2 Mar 1990

Industrial Training (Apprenticeship Training) Amendment Regulations 1991 9

14 Jan 1992 p. 127‑9

14 Jan 1992

Industrial Training (Apprenticeship Training) Amendment Regulations (No. 2) 1991 9

14 Jan 1992 p. 130‑1

14 Jan 1992

Industrial Training (Apprenticeship Training) Amendment Regulations 1992

16 Oct 1992 p. 5199

16 Oct 1992

Industrial Training (Apprenticeship Training) Amendment Regulations 1993

28 Sep 1993 p. 5321‑2

28 Sep 1993

Industrial Training (Apprenticeship Training) Amendment Regulations 1994

2 Dec 1994 p. 6384‑5

2 Dec 1994

Industrial Training (Apprenticeship Training) Amendment Regulations 1995 9

10 Oct 1995 p. 4773‑4

10 Oct 1995

Industrial Training (Apprenticeship Training) Amendment Regulations (No. 2) 1995 9

10 Oct 1995 p. 4774‑5

10 Oct 1995

Industrial Training (Apprenticeship Training) Amendment Regulations (No. 3) 1995

28 Nov 1995 p. 5493

28 Nov 1995

Industrial Training (Apprenticeship Training) Amendment Regulations (No. 4) 1995

28 Nov 1995 p. 5494

28 Nov 1995

Industrial Training (Apprenticeship Training) Amendment Regulations (No. 1) 1996 9

17 May 1996 p. 2049‑50

17 May 1996

Industrial Training (Apprenticeship Training) Amendment Regulations (No. 2) 1996 9

4 Oct 1996 p. 5231‑2

4 Oct 1996

Industrial Training (Apprenticeship Training) Amendment Regulations 2001 9

12 Oct 2001 p. 5564‑5

12 Oct 2001

Industrial Training (Apprenticeship Training) Amendment Regulations (No. 2) 2001

2 Nov 2001 p. 5794‑5

2 Nov 2001

Reprint of the Industrial Training (Apprenticeship Training) Regulations 1981 as at 2 Aug 2002 (includes amendments listed above)

Industrial Training (Apprenticeship Training) Amendment Regulations 2005

12 Aug 2005 p. 3651‑2

12 Aug 2005

Industrial Training (Apprenticeship Training) Amendment Regulations (No. 2) 2005 10

18 Nov 2005 p. 5657‑9

1 Jan 2006 (see r. 2)

Industrial Training (Apprenticeship Training) Amendment Regulations 2006 11

4 Apr 2006 p. 1401‑5

1 May 2006 (see r. 2)

Industrial Training (Apprenticeship Training) Amendment Regulations (No. 2) 2006 12

26 May 2006 p. 1873‑6

1 Jun 2006 (see r. 2)

Industrial Training Amendment Regulations 2006 r. 3

19 Sep 2006 p. 3708‑9

19 Sep 2006

Industrial Training (Apprenticeship Training) Amendment Regulations (No. 3) 2006 13

29 Sep 2006 p. 4253‑6

1 Oct 2006 (see r. 2)

Industrial Training (Apprenticeship Training) Amendment Regulations (No. 4) 2006 14

29 Sep 2006 p. 4256‑8

1 Oct 2006 (see r. 2)

Industrial Training (Apprenticeship Training) Amendment Regulations (No. 5) 2006 15

29 Sep 2006 p. 4258‑60

1 Oct 2006 (see r. 2)

Industrial Training (Apprenticeship Training) Amendment Regulations (No. 6) 2006 16

27 Oct 2006 p. 4565‑9

1 Nov 2006 (see r. 2)

Industrial Training (Apprenticeship Training) Amendment Regulations 2007 17

31 Jan 2007 p. 235‑9

1 Feb 2007 (see r. 2)

Industrial Training (Apprenticeship Training) Amendment Regulations (No. 3) 2007 18

30 Mar 2007 p. 1453‑7

31 Mar 2007 (see r. 2)

Reprint 2: The Industrial Training (Apprenticeship Training) Regulations 1981 as at 6 Apr 2007 (includes amendments listed above)

2The definition of “Council” was deleted from s. 4 of the Act by the State Employment and Skills Development Authority Act 1990 s. 45(a)(ii). The definition of “Authority” inserted by s. 45(a)(i) of that Act was deleted by the Vocational Education and Training Act 1996 Sch. 3 cl. 12.

3The Education Regulations 1960 r. 4 referred to the Director of technical education. Those regulations were repealed by the School Education Act 1999 s. 246(2).

4“Approved College” is defined in r. 4 of the Industrial Training (General Apprenticeship) Regulations 1981: see r. 3 of these regulations. The Colleges Act 1978 was repealed by the Vocational Education and Training Act 1996 s. 70(1).

5Repealed by the Industrial Arbitration Act 1979 s. 4, the short title of which was changed to the Industrial Relations Act 1979 by the Acts Amendment and Repeal (Industrial Relations) Act (No. 2) 1984.

6Under the Alteration of Statutory Designations Order 2001, a reference to the Education Department is, unless the contrary is intended, to be read and construed as a reference to the Department of Education and Training.

7The Miscellaneous Regulations (Validation) Act 1985 applied to these regulations. It deems the regulations not to have ceased to have effect as a result of the failure to comply with section 42(1) of the Interpretation Act 1984, subject to their being laid before the Legislative Assembly. The Interpretation Act 1984 s. 42(2) then applied as if the words “or if any regulations are not laid before both Houses of Parliament in accordance with subsection (1)” had been omitted.

8The Industrial Training (Apprenticeship Training) Amendment Regulations (No. 3) 1984 were published in Gazette 18 Jan 1985 p. 264. A corrigendum was published in Gazette 25 Jan 1985 p. 350 stating that the notice publishing those regulations was cancelled. The regulations were then published in Gazette 1 Feb 1985 p. 450.

9The following regulations each contain savings or transition provisions relating to apprentices in trades deleted from Sch. 1 by those regulations:

Industrial Training (Apprenticeship Training) Amendment Regulations 1991 r. 7

Industrial Training (Apprenticeship Training) Amendment Regulations (No. 2) 1991 r. 7

Industrial Training (Apprenticeship Training) Amendment Regulations 1995 r. 4

Industrial Training (Apprenticeship Training) Amendment Regulations (No. 2) 1995 r. 7

Industrial Training (Apprenticeship Training) Amendment Regulations (No. 1) 1996 r. 4

Industrial Training (Apprenticeship Training) Amendment Regulations (No. 2) 1996 r. 7

Industrial Training (Apprenticeship Training) Regulations 2001 r. 3.

10The Industrial Training (Apprenticeship Training) Amendment Regulations (No. 2) 2005 r. 8 reads as follows:

8.Transitional

The Industrial Training (Apprenticeship Training) Regulations 1981 as in force immediately before 1 January 2006 continue to apply to and in relation to an apprentice who commenced service under an apprenticeship agreement (but not including any period of employment as a probationer) before 1 January 2006 in one of the following trades —

(a)Baking (Combined Breadmaking and Pastrycooking);

(b)Breadmaking; or

(c)Pastrycooking.

”.

11The Industrial Training (Apprenticeship Training) Amendment Regulations 2006 r. 9 reads as follows:

9.Transitional

(1)Subject to this regulation the Industrial Training (Apprenticeship Training) Regulations 1981 as in force immediately before 1 May 2006 continue to apply to and in relation to —

(a)an apprentice who commenced service in a building trade under an apprenticeship agreement before 1 May 2006 (an existing apprentice); or

(b)a person who —

(i)commenced employment as a probationer in a building trade before 1 May 2006;

(ii)completes that probationary employment after 1 May 2006; and

(iii)on completing that probationary employment commences service under an apprenticeship agreement,

(an existing probationer).

(2)The parties to the apprenticeship agreement of an existing probationer may, with the approval of the Director, agree in the apprenticeship agreement —

(a)that the term of the apprenticeship is to be 3 years; or

(b)that —

(i)the apprentice is to be employed in a housing building trade (instead of the building trade in which he or she was employed as a probationer); and

(ii)the term of the apprenticeship is to be 2 years.

(3)If the parties to an apprenticeship agreement agree in the manner described in subregulation (2)(a) or (b), subsection (1) ceases to apply to and in relation to the apprentice when he or she commences service under the apprenticeship agreement.

(4)The parties to the apprenticeship agreement of an existing apprentice may, with the approval of the Director, vary the apprenticeship agreement to —

(a)change the term of the apprenticeship to 3 years (plus any extension made by the Director under subregulation (6)); or

(b)change —

(i)the trade in which the apprentice is employed to a housing building trade; and

(ii)the term of the apprenticeship to 2 years (plus any extension made by the Director under subregulation (6)).

(5)An application for approval under subregulation (4) must be made —

(a)in a form and manner approved by the Director; and

(b)within 3 months of the date on which these regulations come into operation.

(6)If, when an application is made for approval under subregulation (4) —

(a)the apprentice has not —

(i)attended all the classes;

(ii)obtained all the instruction; and

(iii)undertaken all the courses and skills training programmes;

that the apprentice is required by section 33(1) of the Act to attend, obtain or undertake in relation to the trade in which he or she is to be employed under the varied agreement; and

(b)the Director is satisfied that the apprentice will not reasonably be able to complete those requirements during the term of the apprenticeship (as varied),

the Director may, before approving the variation, extend the term of the apprenticeship (as specified in the variation) by such period as the Director considers is reasonably necessary for the apprentice to complete those requirements.

(7)A variation of an apprenticeship agreement under subregulation (4) takes effect on the date on which it is approved by the Director.

(8)If an apprenticeship agreement is varied under subregulation (4), subsection (1) ceases to apply to and in relation to the apprentice on the date the variation takes effect.

(9)In this regulation —

building trade means —

(a)bricklaying;

(b)carpentry and joinery;

(c)plastering;

(d)tilelaying; or

(e)wall and ceiling fixing;

housing building trade means —

(a)bricklaying (housing);

(b)carpentry (housing);

(c)joinery (housing);

(d)plastering (housing);

(e)wall and ceiling fixing (housing); or

(f)wall and floor tiling (housing).

”.

12The Industrial Training (Apprenticeship Training) Amendment Regulations (No. 2) 2006 r. 9 reads as follows:

9.Transitional

(1)Subject to this regulation the Industrial Training (Apprenticeship Training) Regulations 1981 as in force immediately before 1 June 2006 continue to apply to and in relation to —

(a)an apprentice who commenced service in an old trade under an apprenticeship agreement before 1 June 2006; or

(b)a person who —

(i)commenced employment as a probationer in an old trade before 1 June 2006; and

(ii)completes that probationary employment after 1 June 2006; and

(iii)on completing that probationary employment commences service under an apprenticeship agreement,

(an existing probationer).

(2)The parties to the apprenticeship agreement of an existing probationer may, with the approval of the Director, agree in the apprenticeship agreement —

(a)if the probationer was employed in a trade that is also a new trade, that the apprentice is to be employed in the same trade but that the term of the apprenticeship is to be the new term for that trade; or

(b)that —

(i)the apprentice is to be employed in a new trade (instead of the old trade in which he or she was employed as a probationer); and

(ii)the term of the apprenticeship is to be the new term for that new trade.

(3)If the parties to an apprenticeship agreement agree in the manner described in subregulation (2)(a) or (b), subregulation (1) ceases to apply to and in relation to the apprentice when he or she commences service under the apprenticeship agreement.

(4)In this regulation —

old trade means —

(a)Autobody Refinisher; or

(b)Autobody Repairer; or

(c)Automotive Electrical Fitting; or

(d)Engineering Tradesperson (Automotive); or

(e)Engineering Tradesperson (Fabrication); or

(f)Engineering Tradesperson (Mechanical); or

(g)Fuel Injection Fitting; or

(h)Shipwrighting; or

(i)Shipwrighting and Boatbuilding; or

(j)Trimming;

new term, in relation to a trade, means the term prescribed in relation to that trade in the Industrial Training (Apprenticeship Training) Regulations 1981 Schedule 1, as amended by these regulations;

new trade means —

(a)Automotive Electrician; or

(b)Automotive Technician; or

(c)Engineering Tradesperson (Fabrication); or

(d)Engineering Tradesperson (Mechanical); or

(e)Panel Beater; or

(f)Shipwright and Boatbuilder; or

(g)Vehicle Body Builder; or

(h)Vehicle Painter; or

(i)Vehicle Trimmer.

”.

13The Industrial Training (Apprenticeship Training) Amendment Regulations (No. 3) 2006 r. 8 reads as follows:

8.Transitional

(1)Subject to this regulation the Industrial Training (Apprenticeship Training) Regulations 1981 as in force immediately before 1 October 2006 continue to apply to and in relation to —

(a)an apprentice who commenced service as a cook under an apprenticeship agreement before 1 October 2006 (an existing apprentice); or

(b)a person who —

(i)commenced employment as a probationer cook before 1 October 2006; and

(ii)completes that probationary employment after 1 October 2006; and

(iii)on completing that probationary employment commences service under an apprenticeship agreement,

(an existing probationer).

(2)The parties to the apprenticeship agreement of an existing probationer may, with the approval of the Director, agree in the apprenticeship agreement that the apprentice is to be employed as a chef and that the term of the apprenticeship is to be 3 years.

(3)If the parties to an apprenticeship agreement agree in the manner described in subregulation (2), subregulation (1) ceases to apply to and in relation to the apprentice when he or she commences service under the apprenticeship agreement.

(4)The parties to the apprenticeship agreement of an existing apprentice may, with the approval of the Director, vary the apprenticeship agreement to change —

(a)the trade in which the apprentice is employed to that of chef; and

(b)the term of the apprenticeship to 3 years (plus any extension made by the Director under subregulation (6)).

(5)An application for approval under subregulation (4) must be made —

(a)in a form and manner approved by the Director; and

(b)within 3 months of the date on which these regulations come into operation.

(6)If, when an application is made for approval under subregulation (4) —

(a)the apprentice has not —

(i)attended all the classes; and

(ii)obtained all the instruction; and

(iii)undertaken all the courses and skills training programmes,

that the apprentice is required by section 33(1) of the Act to attend, obtain or undertake in relation to the trade in which he or she is to be employed under the varied agreement; and

(b)the Director is satisfied that the apprentice will not reasonably be able to complete those requirements during the term of the apprenticeship (as varied),

the Director may, before approving the variation, extend the term of the apprenticeship (as specified in the variation) by such period as the Director considers is reasonably necessary for the apprentice to complete those requirements.

(7)A variation of an apprenticeship agreement under subregulation (4) takes effect on the date on which it is approved by the Director.

(8)If an apprenticeship agreement is varied under subregulation (4), subregulation (1) ceases to apply to and in relation to the apprentice on the date the variation takes effect.

”.

14The Industrial Training (Apprenticeship Training) Amendment Regulations (No. 4) 2006 r. 8 reads as follows:

8.Transitional

(1)Subject to this regulation the Industrial Training (Apprenticeship Training) Regulations 1981 as in force immediately before 1 October 2006 continue to apply to and in relation to —

(a)an apprentice who commenced service in an old trade under an apprenticeship agreement before 1 October 2006; or

(b)a person who —

(i)commenced employment as a probationer in an old trade before 1 October 2006; and

(ii)completes that probationary employment after 1 October 2006; and

(iii)on completing that probationary employment commences service under an apprenticeship agreement,

(an existing probationer).

(2)The parties to the apprenticeship agreement of an existing probationer may, with the approval of the Director, agree in the apprenticeship agreement that —

(a)the apprentice is to be employed as a general butcher (instead of in the old trade in which he or she was employed as a probationer); and

(b)the term of the apprenticeship is to be 3 years.

(3)If the parties to an apprenticeship agreement agree in the manner described in subregulation (2), subregulation (1) ceases to apply to and in relation to the apprentice when he or she commences service under the apprenticeship agreement.

(4)In this regulation —

“old trade” means —

(a)General Butchering; or

(b)Slaughtering; or

(c)Small Goods Making.

”.

15The Industrial Training (Apprenticeship Training) Amendment Regulations (No. 5) 2006 r. 8 reads as follows:

8.Transitional

(1)Subject to this regulation the Industrial Training (Apprenticeship Training) Regulations 1981 as in force immediately before 1 October 2006 continue to apply to and in relation to —

(a)an apprentice who commenced service in an old trade under an apprenticeship agreement before 1 October 2006; or

(b)a person who —

(i)commenced employment as a probationer in an old trade before 1 October 2006; and

(ii)completes that probationary employment after 1 October 2006; and

(iii)on completing that probationary employment commences service under an apprenticeship agreement,

(an existing probationer).

(2)The parties to the apprenticeship agreement of an existing probationer may, with the approval of the Director, agree in the apprenticeship agreement that —

(a)the apprentice is to be employed as a hairdresser (instead of in the old trade in which he or she was employed as a probationer); and

(b)the term of the apprenticeship is to be 3 years.

(3)If the parties to an apprenticeship agreement agree in the manner described in subregulation (2), subregulation (1) ceases to apply to and in relation to the apprentice when he or she commences service under the apprenticeship agreement.

(4)In this regulation —

“old trade” means —

(a)Combined Hairdressing; or

(b)Hairdressing; or

(c)Ladies Hairdressing; or

(d)Male Hairdressing.

”.

16The Industrial Training (Apprenticeship Training) Amendment Regulations (No. 6) 2006 r. 8 reads as follows:

8.Transitional

(1)Subject to this regulation the Industrial Training (Apprenticeship Training) Regulations 1981 as in force immediately before 1 November 2006 continue to apply to and in relation to —

(a)an apprentice who commenced service in an old trade under an apprenticeship agreement before 1 November 2006; or

(b)a person who —

(i)commenced employment as a probationer in an old trade before 1 November 2006; and

(ii)completes that probationary employment after 1 November 2006; and

(iii)on completing that probationary employment commences service under an apprenticeship agreement,

(an existing probationer).

(2)The parties to the apprenticeship agreement of an existing probationer may, with the approval of the Director, agree in the apprenticeship agreement —

(a)if the probationer was employed in a trade that is also a new trade, that the apprentice is to be employed in the same trade but that the term of the apprenticeship is to be the new term for that trade; or

(b)that —

(i)the apprentice is to be employed in a trade (instead of the old trade in which he or she was employed as a probationer); and

(ii)the term of the apprenticeship is to be the new term for that new trade.

(3)If the parties to an apprenticeship agreement agree in the manner described in subregulation (2)(a) or (b), subregulation (1) ceases to apply to and in relation to the apprentice when he or she commences service under the apprenticeship agreement.

(4)In this regulation —

“new trade” means —

(a)Cabinet Maker;

(b)Furniture Maker;

(c)Glazier and Glass Processor;

(d)Timber Furniture Finisher;

(e)Upholsterer;

(f)Wood Machinist;

“new term”, in relation to a trade, means the term prescribed in relation to that trade in the Industrial Training (Apprenticeship Training) Regulations 1981 Schedule 1, as amended by these regulations;

“old trade” means —

(a)Art Glass;

(b)Cabinetmaking;

(c)Chairmaking;

(d)French Polishing (Including All Wood Finishing);

(e)Furniture Making;

(f)Glass Bevelling;

(g)Glass Designing and Sandblasting;

(h)Glazing — Bevelling;

(i)Glazing;

(j)Machine Woodworking;

(k)Metal Furniture Making;

(l)Soft Furnishing Making;

(m)Timber Machining;

(n)Upholstering;

(o)Wickerworking;

(p)Wood Machining;

(q)Wood Turning.

”.

17The Industrial Training (Apprenticeship Training) Amendment Regulations 2007 r. 8 reads as follows:

8.Transitional

(1)Subject to this regulation the Industrial Training (Apprenticeship Training) Regulations 1981 as in force immediately before 1 February 2007 continue to apply to and in relation to —

(a)an apprentice who commenced service in an old trade under an apprenticeship agreement before 1 February 2007; or

(b)a person who —

(i)commenced employment as a probationer in an old trade before 1 February 2007; and

(ii)completes that probationary employment after 1 February 2007; and

(iii)on completing that probationary employment commences service under an apprenticeship agreement,

(an existing probationer).

(2)The parties to the apprenticeship agreement of an existing probationer may, with the approval of the Director, agree in the apprenticeship agreement —

(a)if the probationer was employed in a trade that is also a new trade, that the apprentice is to be employed in the same trade but that the term of the apprenticeship is to be the new term for that trade; or

(b)that —

(i)the apprentice is to be employed in a new trade (instead of the old trade in which he or she was employed as a probationer); and

(ii)the term of the apprenticeship is to be the new term for that new trade.

(3)If the parties to an apprenticeship agreement agree in the manner described in subregulation  (2)(a) or (b), subregulation (1) ceases to apply to and in relation to the apprentice when he or she commences service under the apprenticeship agreement.

(4)In this regulation —

new trade means —

(a)Gardener;

(b)Landscape Gardener;

(c)Nurseryperson;

(d)Sawdoctor;

(e)Turf Management;

“new term”, in relation to a trade, means the term prescribed in relation to that trade in the Industrial Training (Apprenticeship Training) Regulations 1981 Schedule 1, as amended by these regulations;

old trade means —

(a)Horticulture (Gardening);

(b)Horticulture (Landscape Gardening);

(c)Horticulture (Nursery);

(d)Horticulture (Turf Management);

(e)Saw Doctoring.

”.

18The Industrial Training (Apprenticeship Training) Amendment Regulations (No. 3) 2007 r. 8 reads as follows:

8.Transitional

(1)In this regulation —

new term, in relation to a trade, means the term prescribed in relation to that trade in the Industrial Training (Apprenticeship Training) Regulations 1981 Schedule 1, as amended by these regulations;

new trade means —

(a)Carpentry Fixing (Housing);

(b)Carpentry Formwork (Housing);

(c)Carpentry Framing (Housing);

(d)Painter and Decorator;

(e)Painting (Housing);

(f)Signwriter;

(g)Stonemason;

old trade means —

(a)Carpentry and Joinery;

(b)Carpentry (Housing);

(c)Joinery (Housing);

(d)Painting and Decorating;

(e)Signwriting;

(f)Stonemasonry.

(2)Subject to this regulation the Industrial Training (Apprenticeship Training) Regulations 1981 as in force immediately before 31 March 2007 continue to apply to and in relation to —

(a)an apprentice who commenced service in an old trade under an apprenticeship agreement before 31 March 2007 (an existing apprentice); or

(b)a person who —

(i)commenced employment as a probationer in an old trade before 31 March 2007; and

(ii)completes that probationary employment after 31 March 2007; and

(iii)on completing that probationary employment commences service under an apprenticeship agreement,

(an existing probationer).

(3)The parties to the apprenticeship agreement of an existing probationer may, with the approval of the Director, agree in the apprenticeship agreement that —

(a)the apprentice is to be employed in a new trade (instead of the old trade in which he or she was employed as a probationer); and

(b)the term of the apprenticeship is to be the new term for that new trade.

(4)If the parties to an apprenticeship agreement agree in the manner described in subregulation (3), subregulation (2) ceases to apply to and in relation to the apprentice when he or she commences service under the apprenticeship agreement.

(5)The parties to the apprenticeship agreement of an existing apprentice may, with the approval of the Director, vary the apprenticeship agreement to —

(a)change the trade in which the apprentice is employed to a new trade; and

(b)if the new term for that new trade is different to the term of the apprenticeship, change the term of the apprenticeship to the new term (plus any extension made by the Director under subregulation (7)).

(6)An application for approval under subregulation (5) must be made —

(a)before 1 July 2007; and

(b)in a form and manner approved by the Director.

(7)If, when an application is made for approval under subregulation (5) —

(a)the apprentice has not —

(i)attended all the classes; or

(ii)obtained all the instruction; or

(iii)undertaken all the courses and skills training programmes,

that the apprentice is required under section 33(1) of the Act to attend, obtain or undertake in relation to the trade in which he or she is to be employed under the varied agreement; and

(b)the Director is satisfied that the apprentice will not reasonably be able to complete those requirements during the term of the apprenticeship under the varied agreement,

the Director may, before approving the variation, extend the term of the apprenticeship under the varied agreement by such period as the Director considers reasonably necessary for the apprentice to complete those requirements.

(8)A variation of an apprenticeship agreement under subregulation (5) takes effect on the date on which it is approved by the Director.

(9)If an apprenticeship agreement is varied under subregulation (5), subregulation (2) ceases to apply to and in relation to the apprentice on the date the variation takes effect.

”.

 

 

 

 

Defined Terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined TermProvision(s)

approved4

column7(1), 8(1)

directed4

stage4

trade4

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By Authority: JOHN A. STRIJK, Government Printer