Reinstatement of training
Version 2.1
May 2009
Reinstatement of training [PDF 59kB]
What is it?
Sometimes, a party to a training contract may, by their actions, purport to cancel the training contract in a manner that is not in accordance with the Vocational Education, Training and Employment Act 2000 (the Act). This will normally occur when either an employer terminates their apprentice's or trainee's employment, or an apprentice or trainee terminates their employment before the training contract is lawfully cancelled.
There are only two ways a training contract can be lawfully cancelled in accordance with the Act:
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by the written mutual consent of all parties to the contract; or
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by the Training and Employment Recognition Council in accordance with one of its powers under the Act. This will usually be after one party has made an application for the cancellation of the contract.
If a 'purported cancellation' happens, the other party or parties to the training contract may apply to the Council for an order that the training under the training contract be resumed. Their application must be made in writing and sent to the local office of the Department of Education and Training (DET) within 21 days after the date of the purported cancellation of the training contract. There are no provisions in the Act to extend this 21 day period. The application must state the reasons why the party wants the training resumed.
DET is required to investigate and process the application under 'fair procedures'. This will require an investigation to be undertaken and a 'show cause' notice issued. More information on the show cause process on fair procedures on the Apprenticeships Info website.
As DET's main focus is on preserving training contracts, it will do all it can to maintain the training contract and the delegated officer of the Council may make an order on the party that purported to cancel the contract that they resume the training under the training contract.
However, if it becomes apparent through the investigation that this cannot be practically accomplished, (e.g. if there has been a total breakdown in the working relationship of the employer and the apprentice or trainee) the delegated officer of the Council may cancel the training contract.
Review or appeal of the decision
The decision is open to review by a senior officer of DET or the Training Ombudsman and/or an appeal to the Queensland Industrial Relations Commission - more information on an appeal against a decision on the Apprenticeships Info website. Additionally, in an appeal to the Queensland Industrial Relations Commission where the employer is found by the Commission to have 'purported' the cancellation of the training contract, the Commission may order that the apprentice or trainee be paid an amount of compensation by the employer.
Who to contact?
For further information, contact Apprenticeships Info on 1800 210 210.