Completing or cancelling the training contract
This information strictly refers to the training contract between you and your apprentice or trainee for your apprenticeship or traineeship. For further information, regarding the effect the completion or cancellation of the apprenticeship or traineeship (training contract) may have on the employment contract, contact Fair Work Infoline on 13 13 94.
Completing the training contract
The apprenticeship or traineeship is complete once you, your apprentice or trainee, and the supervising registered training organisation (training organisation) agree that the requirements of the training plan have been fulfilled. Due to most apprenticeships and traineeships being competency-based, this may be before the nominal completion date.
Set timeframes apply for the undertaking of the completion process. Read about those timeframes and the completion process on the Completions information sheet.
When the apprenticeship or traineeship contract period ends, wage entitlements may change and you may have to meet the cost of any training provided after this. Therefore, it is very important to arrange for the formal completion of the training contract or to apply for an extension of the contract.
Cancelling the training contract
The training contract you have entered into with your apprentice or trainee is a legally binding document.
If you are considering cancelling the training contract for reasons relating to communication breakdown or behavioural issues, it is important to know that assistance is available to help you resolve differences so that training can be continued. Specialist officers from the department are available to help work through any issues you and your apprentice or trainee may have.
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 training.
Cancellation during probation
The apprenticeship or traineeship may be cancelled during the probationary period for the apprenticeship or traineeship by the employer giving one week's notice (5 working days) to the apprentice or trainee, or the apprentice or trainee giving one week's notice to the employer.
Read more about this on the Probationary periods information sheet.
When you both agree to cancel
If you wish to cancel the training contract after the probationary period for the apprenticeship or traineeship, it is very important that you abide by the timeframes set out by the department.
Read about these timeframes and the cancellation process on the Cancellation - mutual agreement and reinstatement in previous position information sheet or contact Apprenticeships Info on 1800 210 210 for further assistance.
When only one of you wishes to cancel
Where only one party wishes to cancel the training contract, that person must provide a completed cancellation form or written notice to the department for review.
Until the department makes a decision, the training contract remains in force and both you and your apprentice or trainee must continue to honour your commitments.
The department will advise you of the decision in writing. If the contract is cancelled, you must advise the training organisation who will provide the apprentice or trainee with a statement of attainment.
It is important to note that a party to a training contract must not coerce, or attempt to coerce, another party to cancel the training contract.
Read more about this process on the Cancellation - inability to perform the contract information sheet or contact Apprenticeships Info on 1800 210 210 for further assistance.
When can the department cancel the registration of the training contract?
The department may cancel the registration of a training contract with or without application from any of the parties to that training contract. Cancellations of this nature are authorised under the Vocational Education, Training and Employment Act 2000.
Read more about the circumstances leading to this type of cancellation on the Cancellation of the registration of a training contract stakeholder reference on the Training website.