Please note that the template of this online form is developed by QAT and has a different looking compared to original apprenticeship and traineeship forms. Nevertheless, all information contained within the department's templates is captured as a minimum in this online form.

Where the nominal term of a training contract is due to end before the apprentice or trainee has completed the apprenticeship or traineeship, the employer, apprentice or trainee and supervising registered training organisation (SRTO) need to apply to extend the nominal term.

Examples of minor amendments include changes to: the apprentice or trainee’s name – e.g. through marriage or by deed poll (please ensure the documentation states the person’s name as it is now and what it was previously) / the employer’s trading name / correct a typographical error in a party’s name or address / a party’s address. (Evidence: An original document or a copy certified by a Justice of the Peace is required for change of apprentice or trainees name or date of birth. Please do not send an original document through the post.)

This form is used to apply to cancel a training contract as per Section 33 of the Further Education and Training (FET) Act 2014.

Note: Options are available for employers and apprentice or trainees to consider as an alternative to cancellation. These include: amending the employment mode of the training contract, for example from full-time to part-time / amending the training contract to change the qualification / temporarily or permanently transferring to another employer / suspending the training contract / completion of the training contract.

If the employment of an apprentice or trainee has been terminated by the employer, irrespective of whether the parties have signed this form, the FET Act requires the employer and apprentice or trainee to notify DYJESBT or AASN provider immediately if the apprentice or trainee has made an application for unfair dismissal under the Fair Work Act 2009 (Cwlth), section 394, or made an application for reinstatement under the Industrial Relations Act 2016, section 317, or commenced another proceeding contesting the cessation of employment.

Phone Apprenticeships Info on 1800 210 210 if you require further information about your options to continue training. If you have any concerns about employment arrangements, please phone the Fair Work Ombudsman on 13 13 94. Queensland apprentices who have had their training contract cancelled and would like assistance to re-enter their chosen career can register their details on the out-of-trade register at www.tradeapprentices.com.au.

Examples of amendments to a registered training contract include changes to: the start date of the apprenticeship or traineeship (documentary proof of change is required) / employment mode – e.g. from part-time or school-based to full-time arrangements / the qualification (Note: if changing to a qualification in a different industry/training package, please consider asking your AASN provider about any implications regarding government funding or incentives, and the process to extend the training contract if necessary; and the Fair Work Ombudsman, on 13 13 94, about any implications for wages). / the qualification level – e.g. from Certificate II in Retail Operations to Certificate III in Retail Operations / the date of birth where it impacts on legislated age restrictions (evidence: A document reflecting the correct date of birth, such as a birth certificate, passport or licence. Only Justice of the Peace (JP) or Commissioner for Declarations (Cdec) certified copies will be accepted electronically).

An employer and apprentice or trainee may make application to temporarily suspend their responsibilities associated with the training contract for a period of up to 12 months per application. This may occur for a range of reasons including but not limited to an interval between periods of seasonal employment, long term illness/injury, gap/study year or a period when the apprentice/trainee will undertake tasks not related to the apprenticeship/traineeship.

A suspension under the Further Education and Training Act 2014 does not suspend the employment relationship between the employer and apprentice/trainee, and does not remove the employer’s obligation to continue to pay wages under the relevant industrial instrument and the Fair Work Act 2009. The employer and apprentice or trainee must determine the ongoing employment arrangement during the period of a training contract suspension by contacting the Fair Work Ombudsman on 13 13 94 or www.fairwork.gov.au.

Completing this form – Failure to complete all details on this form may delay processing of this transaction and may mean the commencement date of the suspension is delayed. The signature of a parent or guardian is required only if the apprentice or trainee is under 18 and it is appropriate (e.g. the apprentice or trainee is not living independently of the parent or guardian).

Commencement date of the suspension – The commencement date cannot be backdated. The suspension will commence no earlier than 7 days after your application is lodged. (Note: Day 1 is calculated as the day after your application is lodged. The earliest a suspension can commence is day 8, therefore you need to ensure you lodge your application with enough clear days before you want the suspension to commence.)

Withdrawal of consent – Either party may withdraw their consent/s to the application, in writing to their Australian Apprenticeship Support Network (AASN) provider, or the department through Apprenticeships Info (see details below), within 7 days from the date the application is lodged. If a parent or guardian signed the suspension application and the apprentice or trainee is the party withdrawing their consent, the parent or guardian must also sign the withdrawal of consent.

Early return to work from suspension – If the apprentice or trainee resumes work before the suspension period ends, you must notify your AASN provider or the department through Apprenticeships Info (see details below) of this decision. Your notification must be in writing, signed by employer and apprentice or trainee (and a parent or guardian, if applicable), stating the date of return to work.

This form is made available to notify the Department of Youth Justice, Employment, Small Business and Training (DYJESBT) or Australian Apprenticeship Support Network (AASN) provider that the employment of an apprentice or trainee has ceased or the business employing the apprentice/trainee has closed.

This form is NOT an application to cancel an apprenticeship or traineeship.

If the employment of an apprentice or trainee has been terminated by the employer, the Further Education and Training Act 2014 requires the employer and apprentice or trainee to notify DYJESBT or AASN provider immediately if the apprentice or trainee has: made an application for unfair dismissal under the Fair Work Act 2009 (Cwlth), section 394, or made an application for reinstatement under the Industrial Relations Act 2016, section 317, or commenced another proceeding contesting the cessation of employment.

This form is NOT required if the employer and apprentice/trainee have agreed to cancel the training contract and submitted a signed form ATF-034 Cancel a registered training contract (by all parties), or to permanently transfer the training contract to a new employer and submitted a signed form ATF-039 Permanent transfer application by all parties and proposed new employer; or that the apprenticeship/traineeship has been completed, and have completed and signed a form ATF-011 Completion agreement and given it to their supervising registered training organisation (SRTO) to lodge with the department.

The training contract will NOT be cancelled unless it is at least 21 days since employment of the apprentice/trainee has ceased. Queensland apprentices who have had their training contract cancelled and would like assistance to re-enter their chosen career can register their details on the out-of-trade register at www.tradeapprentices.com.au.

This form may be used if one party to a registered training contract decides to make application to the Department of Youth Justice, Employment, Small Business and Training (DYJESBT) to cancel the contract if the party believes either the party or the other party to the contract cannot successfully complete that party’s obligations under the contract.

An application to cancel a training contract under Section 35A of the Further Education and Training Act 2014 MUST state the reasons for the proposed cancellation and the day the proposed cancellation is to take effect, being not less than 7 days after the application is given to DYJESBT.

Please note:

There are options available for employers and apprentices or trainees to consider as an alternative to making an application to cancel the training contract, such as temporarily or permanently transferring the training contract to another employer. Phone Apprenticeships Info on 1800 210 210 or your AASN provider for information on the options available.

If the parties have mutually agreed to cancel the training contract do not use this form, the parties should complete and submit a signed form ATF-034 Cancel a registered training contract (by all parties).

If the employment of the apprentice or trainee has already ceased or the business employing the apprentice/trainee has closed, the party is to notify DYJESBT or their AASN provider as soon as possible.

Queensland apprentices who have had their training contract cancelled and would like assistance to re-enter their chosen career can register their details on the out-of-trade register at www.tradeapprentices.com.au.

If you require any information regarding the employer’s obligations under the relevant industrial instrument and the Fair Work Act 2009, please phone the Fair Work Ombudsman on 13 13 94.to re-enter their chosen career by registering their details on the out of trade register at www.tradeapprentices.com.au.

important information

Completing this form – Failure to complete all details on pages 1 and 2 of this form may delay a decision on this application. Material or documents supporting this application may be attached when submitting this application.

Date of effect of cancellation – If the decision by DYJESBT is to cancel the training contract, the date of effect of the cancellation cannot be less than 7 days after the complete application to cancel is received by DYJESBT.

Return this form (must be completed and signed) via email to apprenticeshipsinfo@qld.gov.au (using a subject heading of ‘Cancellation one party’) or post to Apprenticeships Info, PO Box 15121, CITY EAST  QLD  4002

IMPORTANT: Failure to complete all details on this form may delay a decision on this application.