- Completion of the Training Contract
- Attainment of the qualification before the completion date of the Training Contract (early completion)
- Cancellation of the Training Contract
- Training options – User Choice
Australian Apprenticeships operate on the basis of a formal Training Agreement between an employer and the Australian Apprentice.
The Contract protects both you and your employee's interests. It also outlines your obligation to provide training, specifies the qualification to be achieved by your Australian Apprentice and explains their obligations to you.
Training contracts are registered with your State or Territory Training Authority.
For information on Training Contract requirements contact an Australian Apprenticeship Support Network (Apprenticeship Network) provider in your region or the State or Territory Training Authority in your State or Territory.
Once an Australian Apprenticeship has been successfully completed, your Australian Apprentice is awarded a nationally recognised qualification. Prior to the completion of the Australian Apprenticeship you will be notified of the exact end date of the Training Contract by the State or Territory Training Authority (STA). This notification will outline the completion process that you need to follow in your state or territory.
The STA will also notify the Registered Training Organisation (RTO). The RTO must confirm that you have delivered all the required on-the-job training and that they have delivered all the necessary off-the-job training. Your RTO must also confirm that the Australian Apprentice has successfully completed all units of competency to achieve the qualification.
Once all requirements for completion of the Australian Apprenticeship have been met, a certificate listing the units of competency and the qualification achieved will be issued as per the requirements of the state or territory. Your Apprenticeship Network provider will assist you with the completion process and will determine if you may be eligible to receive any incentives under the Australian Apprenticeships Incentives Programme.
Training Contracts are for a specified period and are agreed to by all parties including you (the employer), your Australian Apprentice, your Apprenticeship Network provider and your local STA. Completion may occur prior to the stipulated end date and this is sometimes referred to as 'early completion'. For more information about early completion contact your Apprenticeship Network provider and/or STA.
A Training Contract can be cancelled at the request of either the employer or employee prior to the end date.
If the Australian Apprenticeship is still within the stipulated probation period, the Training Contract can be legally cancelled by either party giving one week's notice.
After the probation period, you may request to cancel the Training Contract if:
- your business ceases operations
- there is a substantial change to your business circumstances and you are no longer able to fulfil your obligations
- your Australian Apprentice is guilty of misconduct.
Offences by your Australian Apprentice which constitute misconduct include:
- being absent from work without consent
- not attending or participating in training required by the training plan
- causing serious damage or risk to your business, reputation or staff
- theft, assault and fraud
- being under the influence of drugs or alcohol at work.
The Australian Apprentice can request to have the Training Contract cancelled if:
- you have relocated your business to a place that is unreasonable for the Australian Apprentice to travel to
- there is a substantial change in their circumstances affecting their capacity to work, for example an allergy or physical condition
- you breach the employment conditions.
If you are able to reach a mutual and voluntary agreement to cancel the Training Contract you must both complete and sign the required cancellation form. Contact your Apprenticeship Network provider for assistance.
If you can't reach a mutual agreement to cancel the Training Contract, your State or Territory Training Authority has its own procedures. The relevant committee or tribunal will investigate the situation, and either dismiss the complaint or attempt to resolve it. Contact your Apprenticeship Network provider for assistance.
Australian Apprenticeships training can be on-the-job, off-the-job or a combination of both. The off-the-job training is delivered by a training provider who is registered in your State or Territory to provide nationally recognised training.
Under User Choice arrangements you may be able to select the private or public training provider of your choice. In addition, you may be able to negotiate the timing, location and nature of the training. This makes it easier in a number of ways:
- employers who operate in more than one State and Territory may be able to choose one provider that can meet all their training needs
- employers are able to negotiate with providers on aspects of the timing, location and mode of delivery, and about the trainer/facilitator who conducts the assessment
- Training Packages generally include options for skills development, there is also scope to negotiate aspects of the selection and sequencing of units of competence
- employers are able to negotiate purchase of flexible training over and above what is publicly funded through State or Territory User Choice arrangements.
The details of policies governing User Choice of training provider differ from State to State, and within States where training markets vary.
For more information and advice on all aspects of Australian Apprenticeships, contact your local Apprenticeship Network provider or call the Australian Apprenticeships referral line on 13 38 73 or your local of the State or Territory Training Authority.