Cancelling your training contract

If you're a registered apprentice or trainee you will have a training contract in place.

If you are not sure if you are registered you can call 13 28 11 and speak to a Training Services NSW staff member who will assist you.

Both you and your employer, or either of you individually, can apply to Training Services NSW to have your training contract cancelled.

If both you and your employer consent to the cancellation

If both you and your employer consent to cancel the training contract this is called a mutual cancellation and the process can be quite straightforward.

1. You'll need to complete a cancellation form to give written notification of the cancellation of your training contract, signed by both you and your employer, to your nearest Training Services NSW office.
2. You'll receive a letter from Training Services NSW confirming that your training contract has been cancelled and stating the cancellation date.

If either party to the apprenticeship/traineeship is uncertain about cancelling the training contract, immediate assistance should be sought from the nearest Training Services NSW office.

It is important that no coercion takes place for either party to agree to a mutual cancellation of an apprenticeship/traineeship.

If only one part consents to the cancellation

If your employer does not agree with the cancellation of the apprenticeship/traineeship, you should contact the nearest Training Services NSW office for assistance, phone 13 28 11.

1. The office will ask you to put your request for cancellation in writing.
2. Training Services NSW will write to your employer to formally request notification of agreement or disagreement with the cancellation.
   1. If your employer replies and agrees with the cancellation, the cancellation will go ahead.
   2. If your employer does not reply within 21 days the cancellation will still go ahead.
   3. If your employer replies and does not agree then a Training Services NSW officer will contact you to help. This will probably involve discussing the reasons for the proposed cancellation with both you and your employer in anticipation of reaching agreement on the future of your apprenticeship/traineeship.
   4. If the parties still do not agree on cancellation the matter will be decided by the Vocational Training Tribunal.
3. Alternatively, the situation could be that your employer may wish to cancel the training contract and you do not agree. The same process described above will occur, with Training Services NSW writing to you in the first instance, followed by intervention by a Training Services NSW officer if agreement and finally by referral to the Vocational Training Tribunal.

Don’t break your contract

If you leave your apprenticeship or traineeship without cancelling the training contract not only are you breaching the contract, you could also experience problems later on.

For example, your employer insists that you return to your former job, or you may be blocked from starting a new apprenticeship or traineeship because your old training contract was still registered.

Transfer or suspend instead

Instead of cancelling you can submit an application to transfer your training contract to a new employer. This sometimes occurs when employers run out of suitable work or their business closes.

You can also submit an application to suspend your training contract for a period of time if needed, such as situations where you are sick and unable to go to work.

Training course

Cancellation of your training contract does not stop you from continuing your apprenticeship/traineeship with another employer. You should continue to attend your off-the-job training program while there is a possibility that you will enter into a training contract with a different employer.

You may stop receiving incentive payments

Cancellation could mean that you are no longer able to receive government incentive payments and allowances. Check with your Australian Apprenticeships Centre or visit the Centrelink incentives website for more information.

Trainees and apprentices in the construction industry

If you are a “trainee apprentice” in the construction industry you are in a different situation to other apprentices and trainees. You still have a training contract but it is only binding on you and your employer while you're employed.

Once you cease employment with that employer the training contract is no longer in force. However, you or your employer should notify Training Services NSW immediately that you cease employment so that your record can be amended, otherwise you may experience delays if you re-commence your training with a new employer.

Section 12 of the Apprentice and Traineeship Act requires your employer to notify Training Services NSW of the termination of your employment within 14 days.