Division 3The Tribunal must not make a determination in relation to a complaint made by a party to an apprenticeship or traineeship until it has attempted to bring each of the parties to the apprenticeship or traineeship to a settlement acceptable to all of them.
(1) The Tribunal must determine a complaint made under section 39 (1) or (2):(a) by cautioning or reprimanding the person against whom the complaint has been made, or(b) by ordering the person against whom the complaint has been made to make such redress (otherwise than by way of damages for breach of contract) as the Tribunal considers appropriate, or(c) by varying, suspending or cancelling the apprenticeship or traineeship to which the complaint relates, or(d) by dismissing the complaint.(2) A complaint must not be determined as referred to in subsection (1) (a), (b) or (c) unless the Tribunal is satisfied that the person against whom the complaint has been made:(a) has failed to discharge his or her obligations under the apprenticeship or traineeship to which the complaint relates, or(b) has failed to comply with the requirements of this Act.(3) The Tribunal must not suspend or cancel an apprenticeship or traineeship under subsection (1) unless it is satisfied that:(a) one of the parties is unlikely to discharge his or her obligations under the apprenticeship or traineeship, and(b) if that party is the employer:(i) the other party is unwilling to allow another employer to assume those obligations, or(ii) no other employer can be found who is willing to assume those obligations.(4) The Tribunal must determine a complaint made under section 39 (3):(a) by directing that the requirement for consent referred to in that subsection be waived, or(b) by dismissing the complaint.(5) The Commissioner must give notice of the Tribunal’s determination to each of the parties to the hearing.(6) On the making of a determination that varies, suspends or cancels an apprenticeship or traineeship, the apprenticeship or traineeship is taken to be varied, suspended or cancelled, as the case may be, in accordance with the determination.
(1) If:(a) the Tribunal dismisses a complaint made by an employer, and(b) an apprenticeship or traineeship has been suspended by the Commissioner pending the hearing of the complaint, and(c) the employer has, under the terms of employment between the employer and the apprentice or trainee:the Tribunal must direct the employer to pay to the apprentice or trainee, and to contribute to any such scheme, specified amounts equivalent to the value of any right or benefit that the employer has failed to give or the amount of any payment that the employer has failed to contribute.(i) failed to give to the apprentice or trainee the whole, or any part, of any right or benefit (whether by way of remuneration or otherwise) to which the apprentice or trainee would, but for the suspension, be entitled, or(ii) failed to contribute to any superannuation scheme the whole, or any part, of any payment which the employer would, but for the suspension, be required to contribute in relation to the apprentice or trainee,(2) On the filing in the office or registry of a court having jurisdiction to order payment of an amount so specified of:(a) a copy of the direction, certified by the Commissioner to be a true copy, and(b) an affidavit by the apprentice or trainee specifying the amount unpaid under the direction,the direction is taken to be a judgment of that court for that amount.
53 Orders prohibiting employer from entering into apprenticeships and traineeships
(1) If, in determining a complaint against an employer under section 39 (1) or (2), the Tribunal is of the opinion that it is appropriate to do so in the public interest, the Tribunal:(a) may make an order declaring the employer to be a prohibited employer, either indefinitely or for a specified period, and(b) if it does so, may make a further order authorising the transfer to other employers of all or specified apprenticeships and traineeships to which the employer is party (including any apprentice or trainee involved in the proceedings on the complaint).(2) An order under this section may not be made unless the Tribunal:(a) has given notice to the employer of its intention to make such an order, and(b) has given the employer at least 21 days within which to make submissions to the Tribunal with respect to the proposed order, and(c) has taken any such submissions into consideration.(3) For the purposes of section 20 (4) (b), consent to the transfer of an apprentice or trainee to a new employer is not required from an existing employer the subject of an order referred to in subsection (1) (b).