Cancellation of an apprenticeship or traineeship
Cancellation of an apprenticeship or traineeship (PDF, 69KB)
A registered training contract may be cancelled either when the parties mutually agree, or in certain circumstances, by the Department of Education, Training and Employment (DETE).
Cancellation by all parties
Where the parties to the registered training contract agree to cancel the training contract, the ATF-034 Cancel a registered training contract (by all parties) form is completed, signed and forwarded to DETE.
A party to the training contract may withdraw their consent to the agreement to cancel the training contract. A parent or guardian's is also required if the person withdrawing is the apprentice or trainee and they are under the age of 18. This notification must be in writing and received by DETE within seven days after the application for cancellation was received by DETE.
If a party withdraws their consent and it is received by DETE within the above timeframe, the application for cancellation is withdrawn and the training contract remains active.
If DETE does not receive a withdrawal of consent, the cancellation will take affect and written notification will be sent to all parties.
Where the cancellation is for a training contract that has not been completed and signed, it is advisable that the parties contact DETE via Apprenticeships Info for further advice.
In some circumstances, parties may wish to consider a transfer or suspension of the training contract as an alternative to cancellation. The ATIS-046 Transfer of a registered training contract - permanent or temporary and ATIS-047 Suspension of a registered training contract information sheets provide further details.
Cancellation by DETE
DETE may propose to cancel a registered training contract if advised of any of the following:
- the employer has ceased business
- the employer has ceased operating the business in which the apprentice or trainee is employed
- there has been substantial changes to a party's circumstances, affecting the party's capacity to perform their obligations under the training contract
- the employer has moved the business to a place where it is impractical or unreasonable for the apprentice or trainee to travel
- the training contract contains false or misleading information
- the training organisation withdraws from training the apprentice or trainee and there is no replacement training organisation nominated
- the employer has been declared a prohibited employer
- the employer is failing, or has failed, to comply with their obligations
- the employment of the apprentice or trainee has ceased
- the apprentice or trainee is a school student and the school has withdrawn their support for the student's participation in training
- the training contract was registered in error.
For further information
Phone Apprenticeships Info on 1800 210 210 regarding the cancellation of the contract.
Apprentice or trainees, who feel they have been unfairly dismissed, should seek assistance from the Fair Work Ombudsman on 13 13 94.
- Cancel training contract (by all parties) procedure
- Cancel registered training contract by Chief Executive procedure.