Home > Apprenticeships and traineeships > Fact sheets, statistics & resources > Fact sheets > Fact sheet 115: Applications for cancellation by one party - Inability to perform contract on stated grounds
Fact sheet 115: Applications for cancellation by one party - Inability to perform contract on stated grounds
Version 9
26 June 2007
[PDF 67kb]
An employer, or apprentice or trainee may apply to cancel a training contract for an apprenticeship or traineeship because of the inability to fulfil the obligations under the training contract in specified situations. These situations include -
At the request of the employer:
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where the employer has ceased business; or
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where there is a substantial change in the employer's circumstances, affecting their capacity to perform their obligations under the contract. For example, the employer may no longer perform a large percentage of the work in which the apprentice or trainee was to receive training.
At the request of the apprentice or trainee:
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where the employer's business has relocated to a place to which it is impracticable or unreasonable for the apprentice or trainee to travel; or
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where there is a substantial change in the apprentice's or trainee's circumstances, affecting their capacity to perform their obligations under the contract. For example, the apprentice or trainee may no longer be able to perform the work because of a physical condition, allergy, etc.
A party to the training contract who wishes to apply for the cancellation of the contract because of one of these specific situations must send a written application to the local regional office of the Queensland Department of Education, Training and the Arts. The written application must include:
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the legal name of the employer
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the full name of the apprentice or trainee
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the registration number of the apprentice or trainee
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the proposed cancellation date
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the reason for cancellation
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the signature of the party making the application.
It must be noted that, where all parties do not consent, cancellation will not be effective unless or until the department approves the application and provides a date of effect of cancellation. The apprentice or trainee will continue to attract industrial entitlements until the department decides the matter.
In cases where the application for cancellation is disputed, the department is required to address the matter under 'fair procedures'. This will require an investigation to be undertaken and for a 'show cause' notice to be issued, seeking a response from the 'affected person' as to why the contract should - or should not - be cancelled. On receipt of relevant responses, or following expiry of the deadline for responses, the delegated officer of the department will generally be in a position to decide the matter.
The decision is open to review and/or appeal. More information on this topic is available by contacting the department's Apprenticeship Info on 1800 210 210.
Contact Apprenticeships info 1800 210 210 or Training Queensland 1300 369 935
This page was last updated at Wednesday, February 22, 2006
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