Stratacrete Pty Ltd v Dunhill [2014] NSWCATAD 228

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Stratacrete Pty Ltd v Dunhill [2014] NSWCATAD 228 Hearing dates: On the papers Decision date: 24 December 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: J Kelly, Senior Member Decision: 1. The requirement for consent referred to in s 39(3) of the Apprenticeship and Traineeship Act 2001 is waived. 2. The apprenticeship between the appellant and the respondent is cancelled with effect from 3 June 2014. 3. The appellant must pay the respondent all employee entitlements under the respective industrial instrument effective from 14 March 2014 to 3 June 2014. Catchwords: VOCATIONAL TRAINING - apprenticeship - cancellation Legislation Cited: Apprenticeship and Traineeship Act 2001 Civil and Administrative Tribunal Act 2013 No 2 Category: Principal judgment Parties: Stratacrete Pty Ltd (Applicant) Charles Dunhill (Respondent) File Number(s): 1410367

reasons for decision

Background 1The appellant, Stratacrete Pty Ltd, seeks to have the Automotive Mechanical Technology (Heavy Vehicle Mobile Equipment) apprenticeship between it and Charles Dunhill, the respondent, cancelled, effective from 14 March 2014 rather than 3 June 2014. It also does not want to pay the respondent all employee entitlements under the respective industrial instrument effective from 14 March 2014 to 3 June 2014. 2That is why the appellant has appealed to this Tribunal against the decision of the Vocational Training Review Panel made at a hearing in Orange on 3 June 2014. The hearing was to determine two complaints. The respondent lodged a complaint against the appellant under s.39(1)(a) of the Apprenticeship and Traineeship Act 2001 (the Act) for failing to discharge its obligations under the apprenticeship. The appellant lodged a complaint against the respondent under s.39(3) of the Act for refusing to consent to the cancellation of the apprenticeship. 3The appeal lies to this Tribunal pursuant to s 54 of the Act and the Civil and Administrative Tribunal Act 2013 No. 2, Part 2. 4The cancellation of the apprenticeship being effective from 3 June 2014 and the requirement to pay the respondent all employee entitlements from 14 March 2014 until 3 June 2014, took effect because a possible transfer of the apprenticeship that had been raised before the Review Panel failed to eventuate within seven days of the Review Panel's decision.