Cancellations of registered training contracts
Information for Australian Apprenticeship Support
Network Providers (Network Providers)
Webinar transcript – August 2015
Slide 1
Good afternoon everyone.
As Judy has advised, today’s session will be recorded. The recording will be available for you to use in
the future as a refresher, and for staff from your organisation who could not attend today or for new
staff, to use as a learning tool.
The topic for discussion is in relation to cancellations of registered training contracts under the Further
Education and Training Act 2014.
This webinar is intended to provide a number of opportunities for you to interact, which will be through
a range of slides that you can write on or indicate an answer, and also at certain points along the way
by utilising the chat facility. Joan Schmidt, a Senior Operational Policy Officer within OPRA, will be
monitoring the chat facility, and will respond to your questions as we go. The rest of the OPRA team is
in the audience today, and may comment from time to time also. As well as utilising the chat facility,
feel free to utilise your icons such as the ticks and crosses, and hopefully happy faces as we move
along.
Does anyone have any questions they’d like to ask before we begin? If you are happy to get going,
let’s test out one of those happy faces…….
Slide 2
OK, today’s webinar will cover –







withdrawn during probation
cancellations on application by all parties
cancellation consent withdrawn
cancellations without application
cancellations due to a statutory transfer as a result of the sale or disposal of a business
cancellations due to a statutory transfer as a result of the dissolution of a partnership
and cancellations of expired training contracts.
After we discuss each topic if you have questions you would like to ask, there will be an opportunity for
you to do this before we move to the next topic.
Slide 3
Network Providers have delegation for certain functions under different sections of the FET Act
associated with the cancellation of registered training contracts, such as –


Delegation under Section 29 – A cancellation resulting from a statutory transfer of a registered
training contract (sale/disposal of business), and
Delegation under Section 36 – grounds for cancellation of registered training contracts by chief
executive (i.e. without application)
In addition, Network Providers perform a role in relation to:
 the process related to ending an apprenticeship or traineeship during the probationary period
(s14 of the FET Act)
 statutory transfer (s29 dissolution of partnership), and
 applications to cancel a registered training contract by all parties (s33 of the FET Act).
Let’s have a discussion about the first topic today, ending the apprenticeship or traineeship during the
probationary period, commonly referred to as withdrawn during probation
Slide 4
The date the apprenticeship or traineeship ended is a significant factor in determining if the training
contract has been withdrawn in the probationary period.
Who provides notification to a Network Provider that an apprenticeship or traineeship has ended during
the probationary period is also significant.
Slide 5
The first question we will start off with today is – Who needs to provide notification to you, the Network
Provider, if the training contract is withdrawn in the probationary period?
Slide 6
Indicate if you believe it is (a) the apprentice, (b) the supervising registered training organisation, (c) the
employer, or (d) the parent/guardian
Slide 7
The answer is (c), the employer. The FET Act states that an employer needs to provide notification
when a training contract is withdrawn in probation.
In addition, the FET Act stipulates that notification the apprenticeship or traineeship has ended must be
provided within 7 days after it ends.
Slide 8
So the FET Act stipulates the employer must provide the notification, the next question is – Does the
employer need to put this notification in writing?
You may choose to use your feedback icons to answer by selecting a tick if you think yes, the
notification must be in writing, or a cross if you think no, the notification does not have to be in writing,
or simply write yes or no on this slide.
Slide 9
Blank slide for webinar participants to write on
Slide 10
The answer is no, the FET Act does not state that notification to you as a delegate of the chief
executive must be in writing for a withdrawal in probation. Network Providers should however be aware
that there is an obligation on the party who is ending the apprenticeship or traineeship to provide
written notice to the other party that the apprenticeship or traineeship has ended, and this notice must
state the date the apprenticeship or traineeship is to end. This date must not be later than the end of
the probationary period.
If an employer provides verbal notification to you as the Network Provider that an apprenticeship or
traineeship ended in the probationary period, the Network Provider is to record file notes regarding
Version 1 – August 2015
details of the discussion such as the date the discussion occurred, name of the person who provided
the notification, position title of the person, and the date the apprenticeship/traineeship ended.
Slide 11
What would you do if you received notification that an apprenticeship or traineeship ended in the
probationary period from someone other than the employer?
Slide 12
Blank slide for webinar participants to write on
Slide 13
The answer is you would give the employer a call so you could verify.
There is no need to verify this information with the apprentice or trainee, as we are talking about
withdrawal during probation, and as mentioned earlier, it is the employer who must provide the
notification to you as the delegated officer under the FET Act.
Slide 14
If advice that a traineeship has ended has been received on a ‘notification that employment has ceased
form’ and the date employment ceased equates to 47 days from the date the apprenticeship or
traineeship commenced, would you action as a ‘withdrawn in probation’ or ‘cancelled under 36(i)’ of the
FET Act? S36(i), which we’ll discuss shortly, is stated in the FET Act as ‘the employment of the
apprentice or trainee by the employer has ceased’. Respond on the whiteboard by indicating if you
think the answer is ‘withdrawn’ or you think the answer is ‘cancelled’.
Slide 15
Slide for webinar participants to indicate ‘withdrawn’ or ‘cancelled’.
Slide 16
If the employer has provided the advice, and the date employment ceased is within the probationary
period, the training contract must be actioned as withdrawn in probation NOT cancelled under s36(i)
irrespective of the fact that notification was received on a ‘notification that employment has ceased
form’.
Does anyone require any additional clarity on this? Put your hand up if you would like further
discussion…...
Slide 17
As mentioned earlier, the date the apprenticeship/traineeship has ended is a significant factor in
determining if the training contract has been withdrawn in the probationary period.
If you are unsure of the probationary period for a specific apprenticeship or traineeship, where could
you find this information?
Slide 18
Blank slide for webinar participants to write on
Slide 19
The information can be found on the department’s database QTIS (Queensland Training Information
Service) located on the training.qld.gov.au website.
Under national harmonisation, there’s ongoing work to ensure that when apprenticeships and
traineeships are re-declared, probationary periods will reflect a 90 day period for nominal terms over 24
Version 1 – August 2015
months, and a 60 day period for nominal terms of 24 months or under. There are still a number of
apprenticeships and traineeships that have not been re-declared since national harmonisation, so you
will still find some 30 day probationary periods. QTIS will contain the specific information you need in
this regard. To be sure of the correct period, always check QTIS.
Before we move from the topic of withdrawn in probation, I’ll provide you with a moment to use the chat
facility in the bottom right hand corner to raise any questions you might have.
Slide 20
OK, that concludes the topic on withdrawn during probation, next we will discuss the various sections of
the FET Act which relate to cancellations of registered training contracts
If you are ready to move on, perhaps give me a tick……
Slide 21
OK, let’s move on to discuss cancellations on application by all parties which come under section 33,
34 and 35 of the FET Act.
Cancellations on application by all parties are commonly referred to as mutual consent cancellations.
An application under section 33 must be in the approved form.
Slide 22
Visual slide of a cow for webinar participants
So, as you can see in this slide, someone has written on the side of this cow that they want to cancel.
We’ve just heard that section 33 requires an application to cancel to be in the approved form…..to me,
this doesn’t look like an approved form……….okay……….
Slide 23
Well, what would you do if a mutual consent application was not received in the approved form? For
example, you collect the day’s mail, and as per the previous slide, low and behold you have been sent
a cow.
Slide 24
Blank slide for webinar participants to write on
Slide 25
You would attempt to obtain the missing information.
Information in the approved form is about the information an application contains, rather than the
format it is presented in. So, for example, the earlier slide of a cow would have been acceptable,
provided all the mandatory information was written on the cow.
Note that if any of the mandatory information cannot be obtained, for example, if the missing
information was the signature of one of the parties to the registered training contract and attempts to
obtain the signature prove unsuccessful, then the cancellation cannot be actioned under s35. If this
situation arises, cancellation should be actioned under s36 of the FET Act, which we will discuss in
more detail shortly, but before we do, let’s talk about a party withdrawing their consent to a mutual
consent cancellation application.
Slide 26
Along with the provision in the FET Act to cancel a training contract by mutual consent, a party to a
Version 1 – August 2015
training contract may withdraw their consent to a mutual application cancellation by giving written
notice within 7 days of the application for cancellation being received by the Network Provider.
If this timeframe is met, the application to cancel is taken to be withdrawn and the contract continues in
force.
A letter template titled ‘Withdraw consent to cancel or suspend’ has been provided to Network
Providers. Network Providers are to use this template to provide the parties with written notice that the
application to cancel has been withdrawn and the contract continues in force.
If anyone has any questions before we move on from mutual consent cancellations, please pop them in
the chat facility in the bottom right hand corner.
Slide 27
Let’s move on to discussions about cancellations without application.
Slide 28
A cancellation under section 36 of the FET Act does not need to be in writing.
The Network Provider needs to be reasonably satisfied grounds for cancellation apply.
There are eleven sub-sections listing the range of grounds for cancelling under section 36 of the FET
Act. Network Providers are to be aware that they have delegation for four of these, being sub-sections:




the employer has ceased business (a)
the employer has ceased operating the business in which the apprentice or trainee
under the contract was employed (b)
the employer has moved the employer’s business to a place to which it is impractical or
unreasonable for the apprentice or trainee to travel, and (d)
the employment of the apprentice or trainee has ceased (i).
Sub-section (i) is the most common scenario for cancellations under section 36. Let’s discuss a quick
scenario in relation to section 36(i) – employment has ceased.
Slide 29
The scenario is that an employer telephones you advising that employment of his apprentice has
ceased.
What is one thing you would do before progressing as a cancellation under section 36(i)?
Slide 30
Blank slide for webinar participants to write on
Slide 31
(1) while you have the employer on the phone you would, ensure you collect important information
such as the date employment ceased
(2) you would also attempt to verify the information with the apprentice. In undertaking this
verification, if you become aware an apprentice or trainee has lodged a claim for unfair
dismissal with Fair Work or the Queensland Industrial Relations Commission, Network
Providers are to refrain from actioning a cancellation under s36 of the FET Act. Network
Providers are to provide the relevant details on the ‘follow-up’ worksheet of the AASN Report
Spreadsheet and submit to the department. The department will monitor the situation regarding
the unfair dismissal claim.
Version 1 – August 2015
Depending on the outcome of the unfair dismissal claim, the training contract may continue or
the training contract may be cancelled in accordance with the FET Act. The department will take
the necessary action depending on the outcome.
(3) and last but not least you would record and retain file notes
Slide 32
Still thinking about cancellations under section 36(i), the scenario has arisen where you have received
advice that employment has ceased, however the advice has not come in on the ‘Notification that
employment has ceased form.
Is this an issue?
Slide 33
Blank slide for webinar participants to write on
Slide 34
The answer is no. Even though the department publishes a notification that employment has ceased
form, it is not an approved form, and the FET Act does not require a written notice to cancel under
section 36. The department has developed and provided a form for circumstances purely as a
courtesy.
Cancellation under section 36 is about cancellation by a delegated officer under the FET Act without
application.
There is no requirement for the advice to be in writing and there is no approved form.
Slide 35
If notification that an apprentice or trainee is no longer employed has been received by a third party,
such as a supervising registered training organisation, what would you do?
Slide 36
Blank slide for webinar participants to write on
Slide 37
If you receive notification from a third party that an apprentice or trainee is no longer employed, you
need to attempt to contact the parties to the training contract to confirm grounds for cancellation apply,
and to determine the actual date of cancellation.
If contact cannot be made with either party the date of effect of cancellation is the date you feel
reasonably satisfied the grounds for which you are cancelling apply.
Before we move on from cancellations under section 36 to the next topic, I’ll provide you with a moment
to direct any questions you have using the chat facility in the bottom right hand corner.
Slide 38
This next topic is about cancellations resulting from a Statutory Transfer. There are two types of
statutory transfers, one is the sale or disposal of a business, and the other is the dissolution of a
partnership.
Cancellation resulting from the sale or disposal of a business - If an employer of an apprentice or
trainee sells or disposes of their business and the purchaser gives the Network Provider written notice,
Version 1 – August 2015
before the sale or disposal of the business takes effect that the purchaser does not want the registered
training contract to be transferred, the registered training contract is cancelled.
I’ll say that again because it’s quite a mouthful –
• Employer sells
• Purchaser gives written notice they do not want the apprentice or trainee
• The written notice is given before the sale takes effect
• The training contract is cancelled.
If you happen to receive one of these, Network Providers are to record this type of cancellation on your
AASN Report Spreadsheet under the cancellation worksheet, and the department will send written
notice as required by the FET Act of the cancellation to the apprentice or trainee.
Slide 39
Cancellation resulting from a Statutory Transfer: Dissolution of partnership – If an employer of an
apprentice or trainee is a partnership and the partnership is dissolved and is not continued by one or
more people who were partners of the dissolved business, the registered training contract is cancelled.
Network Providers are to record this type of cancellation on the AASN Report Spreadsheet under the
cancellation worksheet, and the department will send written notice as required by the FET Act of the
cancellation.
If anyone has any questions before we move on from cancellations resulting from a statutory transfer,
please type them in the chat facility.
Slide 40
This next topic touches briefly on cancellations that are received for expired training contracts.
A cancellation of a training contract can only be considered for an expired contract if the cancellation is
an application by all parties (i.e. a mutually agreed cancellation). As discussed earlier, mutual consent
cancellations come under sections 33, 34 and 35 of the FET Act.
Before the cancellation can be decided, the Network Provider must investigate to ascertain why the
training contract cannot be completed, given that a training contract only expires once the nominal term
has fallen due.
Slide 41
There are a few things you should do before deciding a cancellation application by all parties when the
application is for a training contract that has expired. What would be one of these things?
Slide 42
Blank slide for webinar participants to write on
Slide 43
You should –



contact the employer to discuss the reason the apprentice/trainee did not complete within the
nominal term of the training contract (e.g. discussions around competence in the workplace)
contact the employer to confirm training and assessment under the training plan was continuing
up to the date indicated as the cancellation date
contact the supervising registered training organisation to confirm that all units of competency
required for the qualification had not been successfully completed.
Version 1 – August 2015
If anyone has any questions before we move on, please type them in the chat facility.
Slide 44
Today we’ve covered –







withdrawn during probation
cancellations on application by all parties
cancellation consent withdrawn
cancellations without application
cancellations due to a statutory transfer as a result of the sale or disposal of the business
cancellations due to a statutory transfer as a result of the dissolution of a partnership
and cancellations of expired training contracts
Slide 45
In summary –
•
•
•
•
•
As a Network Provider with delegation and roles in relation to various sections under the FET
Act 2014, please ensure, when applicable, you keep good file notes
If the FET Act requires an application to be in the approved form, it can be in any format
provided all mandatory fields of information as identified by the department are included (this
can be determined by utilising the forms developed and published on the Apprenticeships Info
website. Any mandatory information is marked on the forms with an asterisk)
Ensure cancellation applications by all parties (i.e. mutual consent cancellations), when
received as a hard copy, are date stamped, as the timeframe is critical for determining eligibility
for a party to withdraw consent
Do not submit information relating to a cancellation by all parties on your AASN Report
Spreadsheet until after the 7 day withdrawal of consent period in case a party does withdraw
their consent
Missing information on an approved form does not necessarily constitute a dispute that requires
departmental involvement. A genuine dispute involving departmental involvement may arise
when the parties cannot come to an agreement on specific details of the cancellation.
And that brings us to the conclusion of this webinar.
Slide 46
Should you wish to view any of the content discussed today in more detail, please refer to resources
and websites such as –




the Further Education and Training Act 2014
http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/F/FurtherEdTrngA14.pdf
the department’s apprenticeship and traineeship procedures
http://ppr.det.qld.gov.au/training/apprentices/Pages/current-procedures.aspx
Apprenticeships Info website http://apprenticeshipsinfo.qld.gov.au/
the frequently asked questions document periodically circulated by OPRA, the Operational
Policy and Regional Assistance unit
and as always, OPRA staff are available to assist you via email at OPRA@dete.qld.gov.au
Does anyone have any remaining questions they would like to ask?
Before you exit the session, I will pass back to Cathie who will explain how you can do the file transfer
process.
Thank you everybody
Version 1 – August 2015