Training contracts are legally binding agreements between you and your apprentice or trainee (and their parent or guardian if they are under 18). Once registered, they include details such as the signatories, commencement date, duration or 'nominal completion' period and qualification details.
Once a training contract is in place, you are obliged to report any circumstances that may affect your training obligations, such as significant training delays, dissolution of your business or dismissal of your apprentice or trainee.
This guide outlines the process for registering a training contract as well as the compulsory reporting requirements that you need to be aware of once your contract is registered.
Your Apprentice Connect Australia Provider (Provider) will first help you write up the training contract.
It will be signed by:
Before your Provider helps you sign up a school-based apprentice or trainee, you will need approval from the school. You will need to negotiate how work and study will affect the student's school timetable.
All the information on the training contract must be correct and truthful. If a contract has false or misleading information, it will not be registered.
Action | Time frame |
|---|---|
The training contract must be completed and signed by all parties | within 14 days of the start of the apprenticeship or traineeship |
The training contract must be given to the Provider | within 28 days of the start of the apprenticeship or traineeship |
Once the training contract is completed, your Provider will lodge it with us, the department, for registration.
Once the training contract is registered, you will get a letter from us telling you that it has been officially registered.
The acknowledgment letter will have important contract information such as:
You will also receive a letter from your Provider explaining which government incentives you can claim. They will send all relevant claim forms.
When you sign a training contract with an apprentice or trainee, you are responsible for reporting certain situations. We refer to these situations as 'notifiable events'.
Step 1: Notify your Apprentice Connect Australia Provider (Provider), or us, in writing.
Step 2: Notify us within 14 days, depending on the incident.
You must notify us when:
If you sell your business and the buyer agrees to keep on your apprentice or trainee, they must let us know in writing.
Step 1: Notify your Provider using Form ATF-041, within 14 days after the sale of business or partial dissolution of the partnership.
Step 2: The change will affect the training plan, so the new owners will need to advise the supervising registered training organisation.
If your business changes hands and the new owners don't want to keep on your apprentice or trainee, they must:
Notify us if your apprentice or trainee:
If your school-based apprentice or trainee leaves school early (before finishing Year 12), you will need to change their training contract to reflect a change of working hours from school-based to either part-time or full-time. Once the contract is changed, so will their rate of pay and working conditions.
When your school-based apprentice or trainee leaves before Year 12, you must notify us within 14 days.
Notify us if your apprentice or trainee no longer works for you – regardless of whether they were dismissed or left voluntarily.
Notify us within 14 days.
Notify us if your apprentice or trainee has been dismissed and is applying for 'unfair dismissal' through the legal system.
Notify us within 14 days.
Notify us if your apprentice or trainee is applying for 'reinstatement' (wanting to be re-instated to their original position before their training contract was cancelled) after lodging an appeal.
Notify us within 14 days.
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