A franchisee operating three Ultra Tune car servicing workshops in South Australia has been indefinitely banned from hiring trainees or apprentices. The decision follows an incident where two employees were left unsupervised while the franchisee traveled interstate on holiday.
The South Australian Skills Commission conducted an unannounced workplace inspection at one of the businesses owned by sole trader Scott Thornton in November last year. The inspection revealed that two apprentices were working without supervision, leading to the commission declaring Mr. Thornton a “prohibited employer” under the SA Skills Act. This action was taken due to a “serious breach” of his obligations, as he had “repeatedly failed to provide adequate training or supervision for their apprentices.”
Commission’s Stance on Employer Obligations
Commissioner Cameron Baker described Mr. Thornton’s actions as “some of the most extreme conduct I have seen from an employer during my two years as commissioner here in this state.” He emphasized the risks associated with leaving apprentices unsupervised, stating,
“When apprentices and trainees are left alone that is when injuries happen, and dare I say, that is when the potential for fatalities happen and Mr. Thornton has chosen in this instance to put his apprentices in harm’s way.”
The commission’s decision to sanction Mr. Thornton is part of a broader effort to protect apprentices and trainees from “exploitation and mistreatment.” Baker added,
“The commission is committed to safeguarding our apprentices and trainees, many of whom are aged between 16 and 21 years old, and inexperienced in the workplace. In doing so, we are ensuring a skilled and thriving workforce for South Australia’s future.”
Historical Context and Current Impact
Since becoming a registered employer in 2010, Mr. Thornton had entered into 17 training contracts, but only six apprentices successfully completed their training. Following the commission’s findings, five apprentices still employed at Thornton’s businesses have been supported to find employment elsewhere.
Mr. Thornton, whose businesses include Ultra Tune at Unley, defended his actions, stating that he ensured there was coverage at his Aberfoyle Park business during his absence. He claimed to have left a manager and senior apprentices in charge, whom he believed were capable of handling the responsibilities. Thornton argued,
“In this day and age where you’ve got FaceTime, instant communication, if there was any issues they were more than able to phone me and FaceTime if there was a technical problem because as a business owner, you’re available 24 hours a day.”
Government and Industry Response
Education, Training and Skills Minister Blair Boyer criticized Thornton for failing to act in the best interests of the apprentices. Boyer noted that while most of the state’s 12,000 registered employers meet their training obligations, it is crucial to ensure safe work conditions. He stated,
“We do take this very seriously and we want to make sure apprentices and trainees are safe at work so it is not just a good workplace for them but seen as a career pathway that would be really attractive to other South Australians.”
The Motor Trade Association’s chief executive, Darrel Jacobs, highlighted the importance of trainees and apprentices to the automotive industry. He confirmed that Thornton’s business, once a member of the Motor Trade Association of South Australia, is no longer affiliated with the organization.
Looking Ahead
Mr. Thornton is reportedly in the process of selling two of his three franchises and is about five years away from retiring. The incident underscores the importance of adherence to training and supervision standards, particularly in industries where safety is paramount. As the South Australian Skills Commission continues to enforce compliance, the case serves as a reminder of the vital role employers play in shaping a safe and skilled workforce for the future.
