Page 2106 - Week 10 - Thursday, 26 October 1989
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"a person whom an employer has undertaken to train under a contract of training in a trade". No-one could disagree with that. I simply wish to ask the Government why we could not have had "apprentice" in clause 5(1) of the Bill reading: "Apprentice" has the same meaning as in the Vocational Training Act 1989".
MR WHALAN: We have to consider the essence of the changed nature of the employment relationship between an apprentice and his employer as a result of the Vocational Training Authority Act. Previously, under the Apprenticeship Act, which was repealed, the relationship was not a contract of employment but a deed of apprenticeship, which was quite a different legal relationship between the two. With the Vocational Training Authority, the relationship between the apprentice and his employer is one of straight employment; it is an employment contract and so it is considered no longer necessary to distinguish in that case.
Amendment agreed to.
MR WHALAN (Minister for Industry, Employment and Education) (10.55): I move:
Page 3, line 21, omit paragraph (b) of the definition of "employer".
Amendment agreed to.
MR STEFANIAK (10.56): I move:
Page 3, lines 32-41, omit the definition of "involved union".
This particular amendment, which concerns involved unions, crops up some 12 times during the Bill and the schedule. The committee's report states:
Many witnesses were concerned about provisions which made it legally binding on employers, when establishing DWGs, to consult with each involved union in relation to their employees.
The committee feels that, without limiting the legitimate industrial role of unions in the work place, it is an appropriate method to take to delete from the bill references to "involved unions". Particularly as registered unions are recognised bodies for the purposes of the legislation.
When one looks at this legislation, one sees that the thrust of the legislation is in relation to employers and employees. The thrust is not at unions and not at employer bodies. Those organisations naturally will be involved in the process and, indeed, on the tripartite council. There are nine representatives: three from government; three from employee bodies, which would be unions; and three from
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