​​​​Cancellation of an​ apprenticeship or traineeship

ATIS-041
Version 3.1
July 2015
Cancellation of an apprenticeship or traineeship (PDF, 221KB)

Information to g​​​et started

A registered training contract may be cancelled either when the parties mutually agree, or in certain circumstances, by the Department of Education and Training or its agent.

Cancellation ​​by all parties

Where the parties to the registered training contract agree to cancel the training contract, the ATF-034 Cancel a registered training contract (by all parties) form is completed, signed and forwarded to the Australian Apprenticeship Support Network (AASN) provider or the department.

The employer, apprentice or trainee may withdraw their consent to cancel the training contract. To do so, they must notify their AASN provider or the department, in writing, so that it is received by their AASN provider or the department within seven days after their consent was given. If an apprentice or trainee decides to withdraw their consent, and they are under 18, a parent or guardian's signature is also required.

If a party withdraws their consent and it is received within the above timeframe, the application for cancellation is withdrawn and the training contract remains active.

If a withdrawal of consent is not received, the cancellation will take affect and written notification will be sent to all parties.

Where cancellation occurs and a training contract has not been completed and signed, it is advisable that the parties contact their AASN provider or the department for further advice.

In some circumstances, parties may wish to consider a transfer or suspension of the training contract as an alternative to cancellation. The ATIS-046 Transfer of a registered training contract - permanent or temporary​ and ATIS-047 Suspension of a registered training contract​ information sheets provide further details.

Cancellation by the department or its agent

The department may propose to cancel a registered training contract if advised of any of the following:

  • the employer has ceased business
  • the employer has ceased operating the business in which the apprentice or trainee is employed
  • there has been substantial changes to a party's circumstances, affecting the party's capacity to perform their obligations under the training contract
  • the employer has moved the business to a place where it is impractical or unreasonable for the apprentice or trainee to travel
  • the training contract contains false or misleading information
  • the training organisation withdraws from training the apprentice or trainee and there is no replacement training organisation nominated
  • the employer has been declared a prohibited employer
  • the employer is failing, or has failed, to comply with their obligations
  • the employment of the apprentice or trainee has ceased
  • the apprentice or trainee is a school student and the school has withdrawn their support for the student's participation in training
  • the training contract was registered in error.​

An agent of the department may cancel a training contract in limited circumstances.

myAppr​enticeship

The myApprenticeship self-service website allows apprentices and trainees to securely view details and initiate various tasks, such as cancellation, relating to their apprenticeship or traineeship.

​For further inform​​​ation

Phone the AASN provider or Apprenticeships Info on 1800 210 210 regarding the cancellation of the contract. If cancellation is being considered due to a communication breakdown or behaviour​​al issue, the department may be able to help the parties to resolve their differences and continue the training.

Apprentice or trainees, who feel they have been unfairly dismissed, should seek assistance from the Fair Work Ombudsman on 13 13 94.

Related d​ocuments:

Licence
Creative Commons Attribution 3.0 Australia (CC BY 3.0) (https://creativecommons.org/licenses/by/3.0/au/ )
Last updated
19 December 2016