​​Transfer of a registered training contract - permanent and temporary

ATIS-046
Version 3
December 2015
Transfer of a registered training contract - permanent and temporary (PDF, 317KB)

Informatio​​​​n to get started

A permanent or temporary transfer of the training contract from one employer to another may be considered for a variety of reasons such as:

  • a change in circumstances of the employer and/or the apprentice or trainee
  • a lack of ongoing employment
  • to improve training opportunities
  • to facilitate the assessment of competency required under the training plan when an employer is temporarily unable to provide the range of work or facilities required.

Probationary periods do not apply to permanent and temporary transfers.

Temporary​ transfer

The temporary transfer of a training contract period must not exceed one year and must end before the nominal term of the contracts ends.

Where the employer intends to transfer all obligations of the training contract to another employer, the parties and temporary employer must agree in writing. The ATF-038 Temporary transfer of a registered training contract form has been developed for this purpose. A temporary transfer does not require approval; however, the original employer must, within seven days after the transfer takes effect, give their Australian Apprenticeship Support Network (AASN) provider or the Department of Education and Training a copy of the signed agreement form.

The original employer must also notify the training organisation within seven days after the transfer takes effect. The training organisation must ensure that a training plan is signed with the temporary employer and apprentice or trainee within 28 days after the transfer effect date. The training record should be kept up-to-date with details of the work and training undertaken with the temporary employer.

ATIS-040 Training plans and training records information sheet​ provides further information.

When the transfer period ends, the original employer must accept the returning apprentice or trainee and organise the updating of the training plan with the training organisation.

Please note that a temporary employer cannot sign the completion agreement. As the training contract is officially with the original employer, only the original employer can sign a completion agreement.

Permane​nt transfer

Parties may apply to their AASN provider or the department to permanently transfer a training contract for an apprentice or trainee from one employer to another.

Applications for a permanent transfer may be received from:

  • the parties of the training contract and the proposed new employer; or
  • the apprentice or trainee under the training contract and the proposed new employer.

The ATF-039 Permanent transfer of a registered training contract form has been developed for this purpose.

Where an application does not include the current employer, the department will give the current employer an opportunity to lodge an objection to the transfer within 14 days.

All applications for permanent transfer must be decided by the department within 28 days of receiving the application.

If the application is approved, all applicants will be notified in writing, including the date of effect of the transfer. If the application did not include the current employer, they will also be notified in writing. If the application is not approved, the applicants will be notified in writing, including the reasons for the decision.

The nominated AASN provider will also be notified of the transfer so they can conduct an induction with the new employer and apprentice or trainee, ensuring the new employer is aware of the responsibilities of all the stakeholders in the apprenticeship or traineeship. The training organisation will also be notified.

The new employer may wish to continue training with the training organisation on the existing training contract; however, they may indicate they wish to change the training organisation. The ATF-010 Change of supervising registered training organisation form is available for this purpose.

If the training organisation is no longer able to supervise the apprenticeship or traineeship due to a significant change in the apprentice or trainee's workplace location, it may be necessary for the parties to choose another training organisation to supervise the training.

Whether existing or new, the training organisation must ensure that a new training plan is signed by the new employer and apprentice or trainee within 28 days after the transfer effect date. They will also determine the employer's ability to provide adequate training arrangements in the workplace.

Where the apprentice or trainee is school-based, they, the new employer, parent or guardian (if appropriate), the school and training organisation must negotiate a schedule of education, training and employment to ensure the school-based apprenticeship or traineeship makes an impact on the school timetable. Further information can be found on ATIS-026 School-based apprenticeships and traineeships information sheet​.

It is important to note that, if there is a break in the apprentice or trainee's continuity of employment between the old employer and the new, it may require the training contract to be cancelled and a new training contract established with the new employer - recommencement in the same apprenticeship or traineeship would be with credit for time already served.

myApprenticeship

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

For furthe​r information

Phone:

  • The nominated AASN provider. Registered apprentices and trainees can view their AASN provider in their myApprenticeship account if they are unsure.
  • Fair Work Ombuds​man to discuss wages and entitlements on 13 13 94.
  • ​Apprenticeships Info on 1800 210 210 to discuss transfers.

Related document:

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