Cancelling your training contract
This information strictly refers to the training contract between you and your employer for your apprenticeship or traineeship. For further information, regarding the effect the cancellation of the apprenticeship or traineeship (training contract) may have on the employment contract, contact the Fair Work Infoline on 13 13 94.
The training contract you have entered into with your employer is legally binding.
If you are considering cancelling the training contract due to a communication breakdown or behavioural issue, you should ask for help to see if you can resolve your differences and continue with your training.
Cancellation of a training contract should only be considered as a last resort, after all efforts have been made to resolve the issues that threaten the continuation of your training.
If your apprenticeship or traineeship cannot continue, then the training contract can be cancelled. You or your employer can cancel the apprenticeship or traineeship during the probationary period by giving one week's notice.
If you want to cancel the training contract after the probationary period, it is important that you contact your local office of the department as set time frames apply.
Read the information sheet about cancellation - mutual agreement.
Cancellation of training contract form [PDF, 122kB].
When both of you agree to cancel
When both you and your employer agree to cancel your training contract:
- You or your employer will need to write a letter to the local office of the department, advising of the agreed date when cancellation will become effective, or fill in a cancellation of training contract form within 14 days of both of you agreeing to cancel the apprenticeship or traineeship.
- Once the department receives this written notice, the cancellation will be processed and all parties to the registered training contract will be sent written confirmation of the cancellation.
- You and/or your employer will need to advise the training organisation that the training contract has been cancelled. The training organisation should also be asked to provide you with a statement of attainment to demonstrate the competencies you have achieved to the date your training contract was cancelled.
When only one of you wishes to cancel
When only one party (you or your employer) wishes to cancel a training contract:
- The person who wishes to cancel the training contract will need to write a letter to the local office of the department, stating the reason for applying for cancellation, or fill in a cancellation of training contract form.
- The department will investigate the application. Until a decision is made, the training contract still applies, and both you and your employer must continue to honour your commitments.
- When the contract has been legally cancelled, both you and your employer will receive written advice from the department.
- You and/or your employer will need to advise your training organisation that the contract has been cancelled. The training organisation should also be asked to provide you with a statement of attainment to demonstrate the competencies you have achieved to the date your training contract was cancelled.
Read the information sheet about cancellations - inability to fulfil the obligations of the training contract.
When can the department cancel the registration of training contracts?
The registration of training contracts can be cancelled by the department in instances where:
- you or your employer provided false and/or misleading information in the training contract
- the training contract was registered in error
- a party to the training contract has been convicted of an offence against the Vocational Education, Training and Employment Act 2000
- there has been a change of circumstances that make it unlikely that the contract will be completed
- you are failing, for a reason other than neglect or default, to make reasonable progress in training under your training plan.