A training contract is used to register the apprenticeship or traineeship and legally binds you and your employer ('the parties') for the term of the apprenticeship or traineeship (nominal term). As it is a legal document, make sure you understand and check the information on it before you sign it.
The training contract, as a legal contract, has a start date and a nominal term. Nominal terms have been set in the department's consultation, with the particular industry.
The training contract must be completed and signed within 14 days of the agreed commencement date of the apprenticeship or traineeship and given to your Australian Apprenticeship Support Network provider within 28 days of the commencement date.
Parent or guardian requirements
If you are under 18 years of age and under the care and control of a parent or legal guardian, your parent or guardian must provide signed consent to the apprenticeship or traineeship.
Once you turn 18, your parent or guardian ceases to be a legal party to the training contract and is no longer responsible for your apprenticeship or traineeship.
Changing the training contract
During the term of the apprenticeship or traineeship, some details of the training contract may need to be amended. The responsibilities of the apprentice, trainee, employer and training organisation vary depending on the type of change required:
Completing the training contract
As apprenticeships and traineeships operate using competency-based training, the time required to achieve skills and knowledge is flexible. This means that once the employer, apprentice or trainee and training organisation agree that all training and assessment requirements of the training plan have been fulfilled, the completion process can be started, irrespective of the time served. The ATIS-009 Completing the apprenticeship or traineeship information sheet explains the process.
The completion certificate proves that the apprentice or trainee has acquired all the skills of the apprenticeship or traineeship. This certificate is issued by the department and is additional to the qualification or statement of attainment that may be issued by the training organisation.
Cancelling the training contract
Cancelling of a training contract (and therefore the apprenticeship or traineeship) may be necessary. However, cancellation should be used as a last resort, where the reasons are due to issues such as communication breakdown or behavioural issues. The department and Australian Apprenticeship Support Network providers have regional officers who can help to resolve difference and work through issue. Other options instead of cancellation may include temporary or permanent transfer or suspension of the training contract. The ATIS-041 Cancellation of an apprenticeship or traineeship information sheet provides further details on cancellation.
If the training contract is still in the probationary period at the time of the proposed cancellation, the parties can end the apprenticeship or traineeship by giving written notice to the other party. The ATIS-023 Probationary periods information sheet provides further details.
The cancellation of the training contract is not to be confused with the employment contract. For further information on the effect of a cancellation of the training contract on the employment contract, contact the Fair Work Ombudsman on 13 13 94.