Tribunal Waives Apprentice Consent Requirement for Genuine Redundancy
📌 In brief
The NSW Civil and Administrative Tribunal decided that an employer does not need the apprentice's consent to cancel an apprenticeship if the redundancy is genuine. The case involved an apprentice who was made redundant and whose employer sought to cancel the apprenticeship without consent.
⚖️ Legal holding
An employer must demonstrate a genuine redundancy to avoid waiving the requirement for an apprentice's consent to the cancellation of their apprenticeship.
📚 Full judgment
The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.
📄 Read the full judgment⚖️ View on the official court website ↗
❓ Frequently asked questions
How did the court decide, and why?
The court decided that the requirement for consent should be waived because the redundancy was genuine and the employer had no current work for the apprentice.
Which laws or rules were applied?
The Apprenticeship and Traineeship Act 2001 (NSW) and the Fair Work Act 2009 (Cth) were applied.
What was the argument that mattered most?
The argument that mattered most was whether the redundancy was genuine, which was determined by the availability of work for the apprentice.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, the employer.
What does this mean for someone in a similar situation?
For someone in a similar situation, the decision means that if they can prove a genuine redundancy, they may not need the apprentice's consent to cancel the apprenticeship.
What evidence or documents mattered?
Evidence showing the lack of work for the apprentice and the employer's compliance with consultation requirements mattered.