Wage Subsidy Terms In return for the Department paying You the Boosting Apprenticeship Commencements and/or Completing Apprenticeship Commencements wage subsidy, I (on behalf of the employer or Group Training Organisation) offer to comply with the terms and conditions set out below, and the Australian Apprenticeships Incentives Program Guidelines, in connection with the Boosting Apprenticeship Commencements and/or Completing Apprenticeship Commencements wage subsidy claim made in this claim form, and all future Boosting Apprenticeship Commencements and/or Completing Apprenticeship Commencements wage subsidy claims made in connection with the apprenticeship the subject of this claim. Preliminary: 1.The Department of Employment and Workplace Relations (Department) and the employer or group training organisation named in this Boosting Apprenticeship Commencements and/or Completing Apprenticeship Commencements wage subsidy claim form (You, Your) agree that this claim creates a contract (this Wage Subsidy Agreement) between the Department and You in relation to the apprenticeship the subject of the claim You are making (Subject Apprenticeship). Subject Apprenticeship: 2.You represent, warrant and agree that: a.the apprentice employed under the Subject Apprenticeship (the Apprentice): i.is undertaking a Certificate II or higher qualification; ii.satisfies the Primary Eligibility requirements set out in section III of the Australian Apprenticeships Incentives Program Guidelines; iii.has a Training Contract with the Employer that is formally approved by the applicable State Training Organisation; iv.has not had their apprenticeship suspended for a period of six months or more; and v.is not undertaking a qualification that supersedes a qualification previously completed by the same Apprentice; b.The Apprentice and the Apprentice's registered training organisation have signed an agreed individual training plan in connection with the Subject Apprenticeship; c.You have not: i.released and re-engaged the Apprentice; ii.released another apprentice and engaged the Apprentice; or iii.coerced or directed the Apprentice to commence an apprenticeship, in order to claim the Boosting Apprenticeship Commencements and/or Completing Apprenticeship Commencements wage subsidy; d.You are not receiving any other form of Australian Government wage subsidy or equivalent assistance for the Apprentice; e.You have, for the period the subject of the wage subsidy claim being made, paid the Apprentice wages in accordance with or higher than the applicable award wage rate; f.You have not made a Boosting Apprenticeship Commencements and/or Completing Apprenticeship Commencements wage subsidy claim for more than 30 existing worker apprentices transferring from casual employment arrangement to a part-time or full-time Australian Apprenticeship or transferring from a part-time employment arrangement to a full-time Australian Apprenticeship (excluding existing workers undertaking a trades-based Australian Apprenticeship); and g.If You are a Group Training Organisation, You will pass on in full the Boosting Apprenticeship Commencements and/or Completing Apprenticeship Commencements wage subsidy payment to the Apprentice's host employer unless the Apprentice is no longer hosted to a host employer.
Payment: 3.Subject to You, the Apprentice and the Subject Apprenticeship satisfying all eligibility requirements for the Boosting Apprenticeship Commencements and/or Completing Apprenticeship Commencements wage subsidy, the Australian Apprenticeships Incentives Program Guidelines and the requirements of this Wage Subsidy Agreement, and you not being suspended or disqualified from receiving Boosting Apprenticeship Commencements and/or Completing Apprenticeship Commencements wage subsidy payments, the Department will pay to You the Boosting Apprenticeship Commencements and/or Completing Apprenticeship Commencements wage subsidy of 50 per cent of the Apprentice's gross wages of the claim period (up to a maximum of $7,000) in respect of the Boosting Apprenticeship or 10 per cent of the Apprentice’s gross wages of the claim period (up to a maximum of $1,500) in respect of the Completing Apprenticeship Commencements wage subsidy claim, being made by You in Your claim form. 4.Without limiting the documentary evidence that You are required to submit, if the Department requests, You must provide to the Department with all payslips/payroll summaries or any other evidence that the Department deems necessary relating to You or the Subject Apprenticeship for the period the subject of the Boosting Apprenticeship Commencements and/or Completing Apprenticeship Commencements wage subsidy claim made by You in Your claim form.
Compliance and Remedies: 5.Where the Department determines that: a.You have not complied with the terms and conditions of this Wage Subsidy Agreement; b.You have not, or the Subject Apprenticeship does not, comply with the Australian Apprenticeships Incentives Program Guidelines; or c.You have engaged in any suspected fraudulent practice or manipulation in relation to Boosting Apprenticeship Commencements and/or Completing Apprenticeship Commencements wage subsidy (whether in connection with the Subject Apprenticeship or another apprenticeship), the Department may take action, including, but not limited to: d.recovery of any Boosting Apprenticeship Commencements and/or Completing Apprenticeship Commencements wage subsidy payments made to You; e.suspending or disqualifying You from receiving future Boosting Apprenticeship Commencements and/or Completing Apprenticeship Commencements wage subsidy payments in connection with the Subject Apprenticeship or any other apprenticeship; and f.in the case of suspected fraudulent practice, referring the matter for criminal prosecution. 6.If the Department determines that it has overpaid the Boosting Apprenticeship Commencements wage subsidy to You, it may recover the overpayment from You or offset the overpayment against any amount subsequently claimed by You under a future claim for a Boosting Apprenticeship Commencements and/or Completing Apprenticeship Commencements wage subsidy payment or any other wage subsidy claim. 7.You agree to pay to the Department any amount the Department is entitled to recover from You under this Wage Subsidy Agreement, without prejudice to any other rights available to the Department, as a debt due to the Department, without further proof of the debt by the Department being necessary.
Assignment, novation, waiver and survival: 8.You must not assign any of Your rights under this Wage Subsidy Agreement or enter into an arrangement that will require the novation of this Wage Subsidy Agreement, without the Department's prior written approval. 9.A failure by the Department to exercise any right or remedy it holds under this Wage Subsidy Agreement or at law does not operate as a waiver of that right. 10.The Department's rights under this Wage Subsidy Agreement survive the payment of the Boosting Apprenticeship Commencements and/or Completing Apprenticeship Commencements wage subsidy.
I understand that checking these declarations constitutes an electronic signature. The Department's acceptance of this Wage Subsidy Agreement will be communicated by the payment of the Boosting Apprenticeship Commencements wage subsidy claimed in this form.