Cancel the training contract
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.
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 Australian Apprenticeship Support Network (AASN) provider or us before you cancel your apprenticeship or traineeship. We have officers to 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 AASN provider, using Form ATF-034.
Step 3: Allow for 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'
- 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 AASN 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.