There are many reasons for amending the training contract, such as:

• updating personal and business details
• correcting mistakes
• changing the qualification
• changing the supervising registered training organisation (SRTO).

Some changes are considered minor, while some are major. They are treated differently and use different processes and forms

Change name or address

You can make minor changes to the training contract, including correcting typographical mistakes or updating your trading name or business address or your apprentice's or trainee's name or address.

Notify your Apprentice Connect Australia Provider (Provider) either verbally, or in writing, using Form ATF-017.

Change of legal name, legal name and ABN, trust or trustee details

Step 1: Notify your Provider, using Form ATF-046.

Step 2: If this change affects the training plan, you'll need to advise your SRTO as well.

Change business owner

If you sell your business, or your business partnership is partially dissolved (1 or more persons in the partnership will continue the business), and the new owner/partnership retains your apprentice or trainee, the training contract undergoes a statutory transfer. All obligations under the training contract are transferred to the new owner, and the training contract continues without interruption.

Change dates and dates of birth

Changing the training contract start date or updating a mistake in the apprentice's or trainee's date of birth, when it affects legal age limits of the apprenticeship or traineeship, are considered major changes.

Step 1: Notify your Provider, using Form ATF-035.

Step 2: If this change affects the training plan, you'll need to advise your SRTO as well.

Change the end date

To change the end date of the training contract, you'll need to apply to extend the training contract.

Change work hours (part-time to full-time or vice versa)

A change in 'contract mode' applies when you want to change your apprentice's or trainee's working hours (e.g. increase hours from part-time to full-time).

Step 1: This change will affect the training plan, so you'll need support from your SRTO.

Step 2: Notify your Provider, using Form ATF-035.

Change qualification type, level or name

Different qualification

Step 1: A change to a different qualification, in a different industry or training package, may affect funding support, length of contract and pay rate, so speak to your Provider first.

Step 2: This change will affect the training plan, so you'll need support from your SRTO.

Level of qualification

Step 1: If you want to change the apprentice's or trainee's qualification level (e.g. certificate II level to certificate III level), you'll need support from your SRTO, as this change will affect the training plan.

Step 2: Notify your Provider, using Form ATF-035.

Change the SRTO

If you or your apprentice or trainee are having problems with your SRTO, try some of our steps for resolving issues with your SRTO. However, if you have tried these steps already and can't come to a resolution, you and your apprentice or trainee can agree to change your SRTO.

Step 1: You must contact your original SRTO to:

• give them 14 days written notice
• request a 'statement of attainment' for your apprentice or trainee, which lists all completed competencies.

Step 2: Notify your Provider, using Form ATF-010. This must be done at least 14 days before the replacement begins.

If changed business circumstances affect your ability to train your apprentice or trainee, there are options available to you to either retain your apprentice or trainee by temporarily transferring the apprentice or trainee to another employer, or allowing your apprentice or trainee to continue with another employer under a permanent arrangement.

Before you do anything, contact your Apprentice Connect Australia Provider (Provider), to discuss the situation and talk about your options.

Temporary transfer

Your apprentice or trainee can be temporarily transferred to another employer, if the transfer both:

• occurs for 1 year or less
• ends before the nominal term (end date) of the training contract.

You don't need approval from us, the department, to transfer your apprentice or trainee temporarily.

How to transfer a training contract temporarily

Step 1: You, your apprentice or trainee, and the new employer, must all agree in writing using Form ATF-038.

Step 2: Send a signed copy of the form to us or your Provider, within 7 days after the transfer start date.

Step 3: You must also notify your supervising registered training organisation (SRTO), within 7 days after the transfer start date.

Permanent transfer

A permanent transfer allows the training contract to remain active while the apprentice or trainee moves from one employer to another.

A permanent transfer of an apprentice or trainee, and the training contract, to another employer must be approved by us first.

The new employer can also apply to transfer another employer's apprentice or trainee to them, even if the existing employer does not agree.

How to transfer a training contract permanently

If you are the existing employer and agree to the permanent transfer, you, your apprentice or trainee, and the new employer will need to complete Form ATF-039 and submit it to your Provider.

If you are the new employer and the existing employer doesn't agree to the transfer, follow these steps:

Step 1: You and the apprentice or trainee will need to complete Form ATF-039 and submit it to us or your Provider.

Step 2: Wait for us to make our decision. This may take up to 28 days.

Step 3: We will contact you about our decision.

If your apprentice or trainee won't complete their training by the original date set out in their training contract, called the 'nominal term', you'll need to apply for an extension.

You must apply for this extension before the end of the 'nominal term'.

Step 1: Discuss contract extension with your apprentice or trainee and your supervising registered training organisation (SRTO) to find out how much more time is needed.

Step 2: Provide the following:

• reasons for the extension
• new completion date.

Step 3: Notify your Apprentice Connect Australia Provider, using Form ATF-014. Ensure all parties (apprentice or trainee, parent or guardian if required and SRTO) sign the form.

If you or your apprentice or trainee can't fulfil your training obligations for a specific period but want to keep your commitment to the training contract and each other, you can apply for a suspension of the training contract.

There are 3 types of suspensions used for different purposes:

• mutual suspension
• suspension by one party
• temporary suspension.

Reasons to suspend a training contract

You can apply for a suspension for reasons such as:

• temporary closure of your business
• seasonal lack of work.

Apprentices and trainees can apply for a suspension because of:

• recovery from illness or injury
• parental leave
• a 'gap year' away from work
• reasons why they can't meet their obligations under the training contract for a specified period.

Suspending a training contract means that you can avoid cancelling and restarting a new one.

It is separate from your employment contract and means that you must negotiate any other arrangements like leave and pay separately.

Conditions for suspending

Your training contract can be suspended by mutual agreement between you and your apprentice or trainee.

You can't force your apprentice or trainee to agree to a suspension.

Likewise, your apprentice or trainee can't simply stop working without your consent.

If you need to temporarily suspend the training contract, other options to continue the apprenticeship or traineeship should be attempted first, such as:

• arranging for the apprentice or trainee to attend training with their supervising registered training organisation
• allowing the apprentice or trainee to take their paid entitlements (e.g. annual leave)
• temporarily or permanently transferring the training contract to another employer.

Mutual suspension of a training contract

If you and your apprentice or trainee agree to suspend the training contract, you need to discuss dates. The start date cannot be less than 7 days from the date of application is given to your Apprentice Connect Australia Provider (Provider) or us.

How to mutually suspend a training contract

Step 1: Agree with your apprentice or trainee on the start and end dates of the proposed suspension.

Step 2: Get signed consent from a parent or guardian if your apprentice or trainee is under 18.

Step 3: Fill out Form ATF-037.

How to change your mind

To change your mind after you have already agreed to a suspension, you can 'withdraw your consent'.

Step 1: Apply in writing to your Provider within 7 days of lodging the application to suspend the training contract.

Step 2: Consent is withdrawn.

If consent is withdrawn, the training contract will not be suspended.

How to report your apprentice's early return to work

If your apprentice or trainee returns to work earlier than the date recorded in the application for suspension of a training contract, you need to notify your Provider.

Step 1: Notify your Provider.

Step 2: Advise them of the revised start date.

Step 3: Your Provider will notify us of the revised date.

Suspension of a training contract by one party

Sometimes, one party to the training contract, either you or your apprentice or trainee, may not be able to agree or consent to a proposed suspension of the training contract at the time.

For example, your apprentice or trainee may take sick leave and be so unwell that they can’t discuss the situation.

In situations like this, the other party can apply to suspend both parties' contract responsibilities.

How to suspend a training contract by one party

Step 1: State reasons for the proposed suspension, including why you believe the other party cannot consent to the suspension.

Step 2: Provide start and end dates for the proposed suspension.

Step 3: Fill out Form ATF-049.

Temporary suspension of a training contract

If you can't provide the training, as outlined in the training plan, for your apprentice or trainee, you can apply for a temporary suspension of less than 30 days.

How to apply for a temporary suspension

Step 1: State the reasons for the temporary suspension and the proposed dates for suspension.

Step 2: Fill out Form ATF-048.

Step 3: Provide a copy of the application to the apprentice or trainee and advise them that they may give information about the proposed temporary suspension to us within 5 days of receiving the application.

Step 4: Keep a record of step 3.

Step 5: Contact Apprenticeships Info to discuss your application. We will investigate your situation.

Step 6: We will advise you whether you application for suspension has been approved or not.

Step 7: If circumstances change after we approve your temporary suspension and you can provide your apprentice or trainee with training stated in the training plan, you must:

• resume their training
• notify us immediately, in writing and over the phone, that your apprentice or trainee has resumed their training.

You can't just dismiss your apprentice or trainee, or pull them out of their apprenticeship or traineeship position. The training contract needs to be officially cancelled.

Reason to cancel the training contract may include:

• your apprentice or trainee quits
• you dismiss your apprentice or trainee
• your apprentice or trainee is not coping with the apprenticeship or traineeship
• your circumstances have changed so much that you can't keep your obligations under the training contract.

There are 3 ways to cancel the training contract:

• mutual cancellation
• cancellation by one party
• cancellation by us.

Alternatives to cancelling a training contract

Cancelling a training contract should be your last resort. Rather than cancelling, you can save yourself time, energy and expense with other options such as:

• amending the training contract (e.g. changing the qualification or working hours)
• transferring the training contract to another employer, temporarily or permanently
• suspending the training contract
• extending the training contract.

Speak to your Apprentice Connect Australia Provider (Provider) or us before you cancel your apprenticeship or traineeship. We can help you.

Mutual cancellation of a training contract

You and your apprentice or trainee can agree to cancel the training contract at any time, once the probationary period has finished.

How to mutually cancel a training contract

Step 1: Nominate an end date.

Step 2: Notify your Provider, using Form ATF-034.

Step 3: Allow for a 7 day 'cooling-off period', after the application has been sent to allow for either you or your apprentice or trainee to change your mind, or 'withdraw consent'.

Cancellation of a training contract by one party

If you or your apprentice or trainee cannot meet your obligations under the training contract and the apprentice or trainee is still employed, either party may apply to us to make the decision for you both to cancel the training contract.

How to cancel the training contract by one party

Step 1: Nominate a date of effect for the cancellation – this can not be less than 7 days after the application to cancel has been received by us.

Step 2: Notify us, using Form ATF-050.

When we cancel the training contract

We will recommend cancelling a training contract if any of the following occurs:

• you have ceased business
• you have ceased operating the business in which the apprentice or trainee is employed
• your business has relocated and it is now impractical or unreasonable for the apprentice or trainee to travel there for work
• you have been declared a 'prohibited employer' under the Further Education and Training Act 2014
• you are failing, or have failed, to comply with your obligations
• your circumstances, or those of your apprentice or trainee, have changed so much that they are affecting your obligations under the training contract
• the supervising registered training organisation (SRTO) withdraws from training your apprentice or trainee and no replacement SRTO has been nominated
• the school has withdrawn their support for your school-based apprentice or trainee's participation in training
• we learn that the apprentice or trainee is no longer employed and it is at least 21 days since employment ceased
• the training contract contains false and misleading information
• the training contract was registered in error.

When you change your mind about cancelling

You can withdraw your previous consent, or decision, to cancel the training contract.

When this happens, you have 7 days after cancellation, to withdraw your consent.

How to withdraw your consent

Step 1: Notify your Provider in writing.

Step 2: Make sure your notification is received within 7 days of the request for cancellation.

Step 3: Consent is withdrawn.

If consent is withdrawn, the training contract will remain in force.