My apprentice doesn’t agree to their termination, can I still cancel the training contract?
Following the end of a training contract’s probation period, an employer cannot terminate a training contract without the consent of the apprentice.
If my apprentice doesn’t consent to the termination what happens next?
Please call Apprenticeship Support Australia to speak to a mentor to discuss the termination. A referral may be required to the Apprenticeship Office.
On what grounds can the Apprenticeship Office terminate a training contract when the apprentice does not give their consent?
The Department must approve an employer’s application to terminate a training contract if:
- the employer has ceased or is about to cease business;
- there has been a substantial change of circumstances that resulted in the employer not being able to fulfil their obligations. For example; an employer has a fully equipped warehouse when the trainee was signed up for a warehousing traineeship. Due to significant downturn in business, the employer has to sell the warehouse and is therefore unable to provide the appropriate facilities for on the job training, which is an obligation under the training contract;
- the apprentice has engaged in serious misconduct; or
- the apprentice’s acts or omissions have resulted or will result in the apprentice not being able to achieve the qualification stated in the training contract. For example; an apprentice fails to attend off the job training despite repeated reminders.
If all parties do consent to the termination, what next?
Terminations can be processed by employers in the WAAMS portal, alternatively a Termination with Apprentice Consent form can be submitted to the Apprenticeship Office or via Apprenticeship Support Australia.
What happens once the termination has been processed?
The training contract will be terminated as of the date the notice is processed. This date may be different to the actual termination date, or the last working day unless processed on these dates.
All parties are also sent a notification by email once the termination has been actioned.
What happens if my apprentice has abandoned their employment and I can’t confirm consent?
If an apprentice is absent from the workplace or fails to attend the off the job training with the registered training organisation for a continuous period without authorisation or explanation, the apprentice may be deemed to have abandoned their training contract.
On this basis, the Department of Training and Workforce Development (the Department) may cancel the registration of the training contract.
What evidence do I need to establish abandonment?
Information that may support the employer’s claim of apprentice abandonment may include, but is not limited to:
- time sheets or other attendance records;
- correspondence and records of contact, if any, from the apprentice;
- evidence of attempts made by the employer to contact the apprentice such as letters, emails, phone calls, text messages, communications sent through social media, or any visits made to the apprentice’s residence; and
- off-the-job training attendance and progress reports.
Once evidence of abandonment has been gathered, what’s next?
Please contact an Apprenticeship Support Australia mentor who will assist you with referring the evidence to the Apprenticeship Office for a decision on the termination.