Alter, cancel, transfer or suspend a Training Contract
How to cancel or change an apprenticeship or traineeship in NSW. This involves changes to the Training Contract between an employer and an apprentice or trainee. There are processes you must follow in NSW.
Get advice
Before making changes to an apprenticeship or traineeship in NSW it's important to get advice and follow the correct legal processes.
A Training Contract is a legally binding agreement between an employer and apprentice/trainee. See Training Contract to learn more about its purpose and responsibilities for employers.
Before deciding whether to cancel, suspend or transfer a contract, get advice from:
- your Australian Apprenticeship Centre
- your local Training Services office on 13 28 11.
They can guide you on the best process for you, your staff and business.
You can also try contacting a Group Training Organisation.
Transfer, suspend or amend
To make any changes to a Training Contract or conditions you need to:
- Submit a request to Training Services to make the change.
- Ensure there's agreement between you and your employee. Training Services may consider an application from either party. But will seek the other party’s consent to proceed.
- Open the tabs and follow the steps below, depending on what action you'd like to take.
Transfer a Training Contract
You can arrange to transfer the Training Contract to another employer. For example, if you no longer have relevant work in your organisation.
To do this:
- Complete the Application to transfer an apprenticeship or traineeship form
- Submit it to Training Services
- Once approved, the transfer can proceed.
Suspend a Training Contract
Training Contracts can be temporarily suspended.
For example:
- when an apprentice/ trainee is unable to work due to a temporary illness, or legitimate commitment such as elite sporting event.
- the company is closing temporarily
- there is a seasonal lack of work.
To do this:
- Discuss the proposed suspension with your apprentice or trainee and reach an agreement.
- If your employee disagrees, contact your local Training Services office on 13 28 11
- If the period is longer than 4 weeks, complete the Suspension of an apprenticeship or traineeship by consent form (vt13)
- Submit it to Training Services
- Once approved, the suspension can proceed.
Amend a Training Contract
There are many reasons you may like to amend a contract. You may like to amend:
- the term (duration) of the contract
- the employer’s details such as legal and trading name
- the apprentice’s or trainee’s details
- full time to part time or vice versa
- the vocation or qualification name
- the registered training provider delivering the formal training
- the training delivery mode, for example distance learning or block release
- credit for skills and knowledge already attained by the learner.
To do this:
- Contact Training Services or your Apprentice Connect Australia Provider.
- Complete and submit the relevant paperwork:
- Check on the form if you need to attach support documents
- Submit it via email to Training Services
- Training Services will advise all involved parties of the outcome.
- In some cases, Training Services may ask for the contract to be cancelled and a new one established.
Also see Varying a Training Contract - employee advice
and our policies and procedures page on Varying a contract
Extend probation
You can request to extend the probation period for an apprentice or trainee.
This can be done by up to 3 months on application by the employer and apprentice/trainee.
To do this
- Contact your Apprentice Connect Australia Provider or Training Services
- Complete the Application to extend probationary period for an apprentice or trainee (vt25) form
- Submit to Training Services
- Once approved the probation is extended.
Early completion of a contract
Cancel a contract
As an employer you may decide to cancel a Training Contract because:
- the apprentice/trainee quits
- you want to end the apprentice/trainee’s employment
- you feel they’re not coping with the apprenticeship/traineeship
- you want to pull them out of an apprenticeship or traineeship into another position.
Whatever the reason, there are processes you must follow to cancel.
Cancel during probation period
All apprenticeships and traineeships have a probationary period which varies from 1 to 3 months depending on:
- the relevant Vocational Training Order, Vocational Training Guideline or Industrial Agreement.
If the apprenticeship/traineeship is still in the probation period
- Either you or the apprentice/trainee can withdraw from the Training Contract by informing the other party in writing.
- You or the apprentice/trainee must notify Training Services in writing as soon as possible.
Cancel after probation period
To cancel a Training Contract after a probation period, you need to submit a request to Training Services.
The action you need to take will depend on who consents to the cancellation:
If both parties mutually agree
(without any coercion taking place)
- Complete a Cancellation of an apprenticeship or traineeship by consent application form.
- You and your apprentice/trainee (and a parent/guardian if they are under 18) complete and sign the form.
- Forward it to Training Services
- You’ll get a letter from Training Services confirming your Training Contract is cancelled, stating the cancellation date.
If only the employer consents
- Put your request for cancellation in writing to Training Services. This should include details of the apprenticeship/traineeship, why the apprentice/trainee disagrees, and the contract identification number.
- Training Services will send a formal request to your apprentice/trainee
- If your apprentice/trainee replies and agrees, the cancellation will go ahead.
- If your apprentice/trainee doesn't reply within 21 days, the cancellation will proceed.
- If your apprentice/trainee replies and disagrees, Training Services will contact you to arbitrate.
- If the parties still don't agree, the Commissioner for Vocational Training will review and decide on the matter.
If only the apprentice/trainee consents
They'll follow a similar process to previous step.
Also see in Policies and Procedures - Cancelling an apprenticeship or traineeship
Effect on Incentive Payments
When an apprenticeship or traineeship is cancelled you’re no longer eligible for Commonwealth incentive payments. Ask your Australian Apprenticeship Centre about your eligibility and for help claiming outstanding payments.
Get or extract records
Complete and submit Extract of records
Also see our policies procedure section on Extract of Records