Cancellation of an apprenticeship or traineeship (PDF, 188KB)
Information to get started
Parties may seek to cancel a registered training contract for a variety of reasons. Where cancellation is sought due to performance or interpersonal problems, parties should contact the Department of Employment, Small Business and Training (the department), via Apprenticeships Info, to attempt to resolve the matter and continue in the training contract.
If the parties do not both agree to cancel the training contract, an application should be made to the department for a decision.
Cancellation agreed 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, and/or apprentice/trainee may withdraw their consent to cancel the training contract. To do so, they must notify their AASN provider or the department, in writing, ensuring it is received by their AASN provider or the department within 7 calendar 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If a party withdraws their consent and it is received within the above timeframe, the application for cancellation is withdrawn and the training contract remains active.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 (or is not received within the above timeframe), the cancellation will take effect 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 following information sheets provide further details:
- ATIS-046 Transfer of a registered training contract - permanent or temporary
- ATIS-047 Suspension of a registered training contract.
Cancellation by the department or its agent
The department may cancel a registered training contract if any of the following occurs:
- the employer has ceased business
- 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 ceased operating the business in which the apprentice or trainee is employed
- 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 and 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 department receives advice that employment of the apprentice or trainee has ceased after the fact
- 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.
For further information
- the AASN provider for the training contract
- Apprenticeships Info on 1800 210 210, regarding the cancellation of the contract
- Fair Work Ombudsman on 13 13 94 if apprentices or trainees feel they have been unfairly dismissed.