Fact sheet 114: Agreement to cancel a training contract - mutual cancellation
Version 9
20 June 2007
[PDF 77kb]
Employers, apprentices or trainees and parents/guardians (where applicable), may agree in writing to cancel a training contract for an apprenticeship or traineeship at any time.
Where all parties to the training contract agree to the cancellation and the training contract has been registered with the Queensland Department of Education, Training and the Arts, the employer must send a written notice of the cancellation to the department within 14 days of the agreement. This written notice may be made via Cancellation of training contract Form, or a letter, and must include the legal name of the employer, the full name of the apprentice or trainee, the agreed cancellation date, the reason for cancellation, and the signatures of the parties, including the parent or guardian if applicable.
A Cancellation of training contract form [PDF 51kb] can be obtained from the department's website or an Australian Apprenticeships Centre. Alternatively, please contact the Queensland Department of Education, Training and the Arts' Apprenticeships Info on 1800 210 210.
There are provisions in the Vocational Education, Training and Employment Act 2000 for penalties, such as fines, to apply where the employer does not meet this obligation. Once the department receives this written notice, the cancellation will be processed showing the date of effect as the date agreed by the parties. All parties to the registered training contract will be sent acknowledgement by mail that the department has processed the cancellation.
Where all parties to the training contract agree to the cancellation, and the training contract has not been registered with the Queensland Department of Education, Training and the Arts, the parties must arrange for a written agreement to cancel the training contract to be obtained. This written agreement to the cancellation must be kept by the parties for record purposes.
The employer nominated in the training contract must also advise their supervising registered training organisation of the cancellation of the contract, within 7 days after the parties have agreed to the cancellation. This requirement applies whether or not the training contract has been registered with the department.
Where the apprentice or trainee held a position with the employer immediately prior to the commencement of the apprenticeship or traineeship, that person and the employer are subject to the Industrial Relations Act 1999 regarding reinstatement to the previous position. Phone Wageline on 1300 369 945 for more information.
It is important to note that a party to a training contract must not coerce, or attempt to coerce, another party to cancel the training contract. Coercion could be described as when one party applies some type of direct or implied pressure on another party in an attempt to either compel them to give their consent or to remove their choice as to whether they consent or not.
If a person who was a party to an agreement to cancel a registered training contract claims coercion was used to obtain that agreement, that person may apply to the Queensland Industrial Relations Commission within 21 days for an order reinstating the training contract. A provision for penalties exists if coercion is proven.
Contact Apprenticeships info 1800 210 210 or Training Queensland 1300 369 935
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