Apprentices and the Fair Work Commission
The term of an apprentice’s indenture (ie the apprenticeship) will count as continuous service for the purposes of qualifying for protection from unfair dismissal and an employer’s attempt to avoid this conclusion met short shrift in the Fair Work Commission.
“In the circumstances of this case, there is no break in service. There was no termination of employment or notice of termination of employment. The letter of 20 October 2014 simply confirms that the apprenticeship was completed on the 19 October 2014 and offers on going employment from the 20 October 2014. What was signed on 20 October 2014 may well be a new or varied contract of employment but the existence or otherwise of a new contract of employment does not necessarily affect the issue of service or continuous service under s.22 and s.382 of the Act.”
Maitland v Envar Service Pty Ltd (2015) FWC 4345 delivered 26 June 2015 per Roe C