Laing O’Rourke Australia Construction Pty Ltd v Taggart [2016] NSWCATAD 39

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Laing O'Rourke Australia Construction Pty Ltd v Taggart [2016] NSWCATAD 39 Hearing dates: 19 November 2015 Date of orders: 01 March 2016 Decision date: 01 March 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: J Kelly, Senior Member Decision: The decision under review is set aside and the direction is made that the requirement for the respondent's consent to the cancellation of the apprenticeship referred to in s 39(3) of the Apprenticeship and Traineeship Act 2001 be waived. Catchwords: VOCATIONAL TRAINING – apprenticeship – cancellation - redundancy Legislation Cited: Apprenticeship and Traineeship Act 2001(NSW), ss 39(3), 51(4) Fair Work Act 2009 (Cth), ss 382, 385, 389 Category: Principal judgment Parties: Laing O'Rourke Australia Construction Pty Ltd (Appellant) Aaron Taggart (Respondent) Representation: Counsel: M Easton (Appellant)

Solicitors: T Costa (Rail, Tram and Bus Industry Union NSW Branch) (Respondent) File Number(s): 1510446

REASONS FOR DECISION

Introduction 1. The appellant, Laing O'Rourke Australia Construction Pty Ltd, is appealing against the decision made on 7 July 2015 by the Vocational Training Review Panel pursuant to s 51 of the Apprenticeship and Traineeship Act 2001 (the Act) to dismiss its complaint that the respondent, Aaron Taggart, did not consent to the cancellation of his apprenticeship after being made redundant. 2. The appellant also appealed against the decision made on 18 August 2015 by the Vocational Training Review Panel to dismiss its complaint seeking to have the apprenticeship suspended pending the appeal to this Tribunal. However, the appellant told the Tribunal that the suspension issue "has gone away" because it has given the respondent work. I do not address that matter further.