Cancellation of an apprenticeship or traineeship
Cancellation of an apprenticeship or traineeship (PDF, 72KB)
A training contract can only be cancelled when parties mutually agree to the cancellation, or if the Department of Education, Training and Employment (DETE) makes a decision to cancel the contract.
Mutual agreement to cancellation
Where all parties to the training contract agree to cancel the training contract, and the training contract has been completed and signed, the employer must provide DETE with written notification, signed by all parties within 14 days of the agreement.
The ATF-025 Agreement to cancel the training contract form has been developed for this use.
Once the cancellation has been processed by DETE, written notification will be sent to all parties.
Additionally, the employer must advise the training organisation of the cancellation within seven days after the parties agree to cancel the training contract.
Where the mutual cancellation is for a training contract that has not been completed and signed, it is advisable that the parties contract Apprenticeships Info for further advice.
Can one party apply to cancel a training contract?
An employer may seek to cancel the training contract if, for example their business is closing or there are substantial changes in their circumstances that will prevent them from carrying out their obligations under the training contract. E.g. no longer performing a large percentage of work in which the apprentice or trainee was to train in.
An apprentice or trainee may seek to cancel their training contract if, for example there are substantial changes in their circumstances affecting their capacity to carry out their obligations under the training contract (such as physical condition, allergy, etc) or the relocation of the employer's business to a place where it is impracticable for the apprentice or trainee to travel.
If all parties to the training contract have not agreed to cancel the training contract, the party seeking to cancel must apply to DETE for the decision to cancel. The ATF-024 Single party application to cancel a training contract form has been developed for this use.
Cancellation of a training contract in these circumstances will not take effect unless or until DETE approves the application. All parties must continue to fulfil their obligations under the training contract, including maintaining employment, training and payment of wages, until DETE decides the matter.
Is there anything I can do if the training contract is cancelled other than in accordance with the Act?
Where the training contract has not been cancelled in accordance with the Vocational Education, Training and Employment Act 2000 (the Act), the party may apply to DETE, in writing, requesting the training under the training contract is resumed. The application must be sent to their local DETE district office within 21 days after the date of cancellation.
DETE will investigate the matter and make a decision to either order the training to resume or for the training contract to remain cancelled.
Can DETE cancel a training contract without application?
DETE may, as authorised under Section 66 of the Act, cancel the registration of a training contract without application from any of the parties to that training contract.
Circumstances leading to this type of cancellation include:
- the training contract was registered in error because of materially false and/or misleading information
- a party to the training contract has been convicted of an offence against the Act
- there has been a change in the circumstances of the employer or apprentice or trainee that make it unlikely that the contract will be completed
- an apprentice or trainee is failing, for a reason other than neglect or default, to make reasonable progress in training, under the training plan.
A party to the 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.
If you believe that you were coerced into agreeing to cancel the training contract, you may apply under Section 62 of the Act to the Queensland Industrial Relations Commission (QIRC) for the reinstatement of the training contract within 21 days of agreeing to cancel the training contract. Phone QIRC on (07) 3227 8060.
For further information
- Apprenticeships Info on 1800 210 210 regarding the cancellation of the contract.
- Fair Work Ombudsman on 13 13 94 regarding the effect a cancellation of the training contract may have on the employment and the parties' obligations in relation to the employment.
Related operational polices/procedures on the Training Queensland website: