Cancellation - mutual agreement
Version 3
March 2010
Cancellation - mutual agreement (PDF, 58 KB)
Employers, apprentices or trainees (and the parent/guardian where applicable), may agree in writing to cancel a training contract at any time.
Mutual cancellation process
Where all parties to the training contract agree to the cancellation of the apprenticeship or traineeship and the training contract has been registered with the Department of Education and Training (DET), the employer must send written notice of the cancellation to DET within 14 days of the agreement. This written notice must be signed by all parties and may be done by using the cancellation of training contract form (PDF, 137 KB).
DET will process the cancellation notice with a date of effect as the date agreed to by all parties. DET will then provide written notification of the processed cancellation to all parties.
Where all parties to the training contract agree to the cancellation of the apprenticeship or traineeship and the training contract has not been registered with DET, the parties must compile a written agreement to the cancellation to be kept as a record by all parties.
The employer must advise the training organisation of the cancellation within seven days after the parties agree to cancel the contract.
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. Coercion could be described as using direct or implied pressure in an attempt to compel somebody to do something against his or her own will. Penalties exist if coercion is proven to have occurred.
Who to contact?
For further information, regarding:
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the cancellation of the apprenticeship or traineeship, contact Apprenticeships Info on 1800 210 210
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the effect a cancellation of the apprenticeship or traineeship may have on the employment contract and the parties' obligations in relation to the employment, contact Fair Work Infoline on 13 13 94.