7   Applications to establish apprenticeships and traineeships

(1)  An employer who employs, or proposes to employ, a person as an apprentice or trainee may apply to the Commissioner for the establishment of:

(a)  an apprenticeship in a recognised trade vocation, or

(b)  a traineeship in a recognised traineeship vocation (including a recognised traineeship vocation that is, or forms part of, a recognised trade vocation).

(2)  Within 28 days after the date on which an employer employs a person as an apprentice or trainee, the employer must, if he or she has not already done so, apply to the Commissioner for the establishment of the relevant apprenticeship or traineeship.

Maximum penalty: 20 penalty units.

(3)  The application:

(a)  must be accompanied by such details as may be required by the relevant vocational training order in relation to:

(i)  the proposed training contract, as executed by the prospective employer and prospective apprentice or trainee, and

(ii)  the proposed training plan, as endorsed by the registered training organisation by which the training is to be provided, and

(b)  must identify the industrial award or agreement that applies to the apprenticeship or traineeship concerned, and

(c)  must indicate the date on which the prospective apprentice or trainee began to work, or will begin to work, for the employer as an apprentice or trainee, and

(d)  in the case of an apprenticeship that the relevant industrial award or agreement provides may be undertaken as a trainee apprenticeship, must indicate whether or not the apprenticeship is to be undertaken as a trainee apprenticeship, and

(e)  in the case of an application by an employer who proposes to place the apprentice or trainee with a host employer from the commencement of the apprenticeship or traineeship, must indicate the name and address of the host employer with whom the apprentice or trainee is initially to be placed, and

(f)  in the case of an application for a traineeship, must indicate whether the prospective trainee is an existing worker trainee.

(4)  The training contract referred to in subsection (3) (a) (i) must be prepared in accordance with the relevant vocational training order and, in particular, must indicate the term of the proposed apprenticeship or traineeship.

(5)  The training plan referred to in subsection (3) (a) (ii) must be prepared in accordance with the relevant vocational training order and, in particular, must indicate:

(a)  the arrangements for the provision of training to the apprentice or trainee that have been agreed to by the employer and the registered training organisation by which the training is to be provided, and

(b)  the appropriate qualification or qualifications to be awarded to the apprentice or trainee in relation to the proposed apprenticeship or traineeship.

(6)  An application under this section may not be made by a prohibited employer.

(7)  The regulations may make provision for or with respect to applications under this section.