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Joinery And Building Trades Award 2010 - cfmeu

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wages record. Any such agreement reached with an individual employee<br />

may only be reached within the two months prior to the period of six<br />

months referred to in clause 12.7(a).<br />

(k) For the purposes of clause 12.7, an irregular casual employee is one<br />

who has been engaged to perform work on an occasional or nonsystematic<br />

or irregular basis.<br />

12.8 An employee must not be engaged and re-engaged to avoid any obligation<br />

under this award.<br />

13. APPRENTICES<br />

<strong>Joinery</strong> & <strong>Building</strong> <strong>Trades</strong> <strong>Award</strong> <strong>2010</strong><br />

13.1 The terms of this award apply to apprentices, including adult apprentices,<br />

except where otherwise stated.<br />

13.2 In any State or Territory in which any statute or regulation relating to<br />

apprentices is in force, that statute or regulation will operate in that State or<br />

Territory provided that the provisions of the statute or regulation are not<br />

inconsistent with this award in which case the provisions of this award will<br />

apply.<br />

13.3 An apprentice may be engaged under a training agreement approved by the<br />

State or Territory training authority with the responsibility for the<br />

apprenticeship.<br />

13.4 The nominal period of the apprenticeship may be varied as follows:<br />

(a) to make up for lost time as set out in clause 13.14; and/or<br />

(b) with the approval of the relevant State or Territory training authority<br />

with the responsibility for the apprenticeship, to recognise prior learning<br />

including vocational education and training in school, preapprenticeship<br />

programs and other prior learning, the nominal period<br />

may be shortened to reflect the proportion of the competencies already<br />

acquired.<br />

13.5 Notwithstanding the nominal period, the apprenticeship is completed in a<br />

shorter period when:<br />

(a) the qualification specified in the training agreement is successfully<br />

completed;<br />

(b) the apprentice has the necessary practical experience to achieve<br />

competency in the skills covered by the training agreement, provided<br />

that the determination as to whether this condition has been met must<br />

be by agreement between the registered training organisation, the<br />

employer and the apprentice and where there is a disagreement<br />

concerning this matter it may be referred to the State or Territory<br />

training authority with the responsibility for the apprenticeship;<br />

(c) the requirements of the State or Territory training authority with<br />

responsibility for the apprenticeship with respect to demonstration of<br />

JBTA <strong>2010</strong>: Part 3 29

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