News Release

APPRENTICE SACKING SPARKS LEGAL CHALLENGE

2 April 2006

SA Unions says it will mount a legal challenge to test whether the federal government's harsh new industrial laws override apprentice contracts.

It follows the sacking of two apprentices in South Australia on the day that the new laws came into force last week.

SA Unions Secretary, Janet Giles understands it is illegal to sack an apprentice.

"Apprentice contracts explicitly prevent the termination of apprentices.  If an employer cannot fulfil the apprenticeship, they must negotiate with the appropriate government department to either suspend the apprenticeship or transfer it to another employer," Ms Giles says.

"In the instance of 19 and 20 year old Yorke Peninsula based 3rd year apprentice electricians, Robert Elkson and Greg Garrard, they along with 3 other workers were sacked without notice on Monday, March 27, the day the new work laws took effect."

"We believe the company involved deliberately used the new laws in order to sack these apprentices and further believe this is illegal under the South Australia Training and Skills Act.  Accordingly, SA Unions' Young Workers' Legal Service will take action", she says.

"We understand that the sacking of these apprentices is the first such abuse of the new federal laws in Australia.  As our result this legal challenge could set an important precedent in relation to workers' rights", Ms Giles says.

Ms Giles says if the challenge finds that apprentices can be sacked then it is a blow to Australia's skills base and the careers of thousands of young people.

"It is unthinkable that at a time of severe national skills shortages, when the federal government is importing workers from overseas, that our apprenticeship system could be undermined in this way."

"We are outraged at the treatment these lads have received and don't believe any apprentices should be subject to sacking.  We are urging anyone who has been sacked under these new laws to contact SA Unions - 'I've been sacked' hotline on 8279 2222 so that we can assess whether there are other incidents which should be challenged."