Issued: 3 April 2002
Reviewed: 16 April 2013
Approval to transfer an apprenticeship or traineeship under section 20 of the Apprenticeship and Traineeship Act 2001 is given only when the Commissioner or the Vocational Training Tribunal is satisfied that:
- the prospective employer has the ability to provide appropriate training in the relevant vocation, and
- both the apprentice/trainee and the existing employer consent to the transfer
Where either party to the apprenticeship or traineeship is uncertain about entering into a transfer, they should contact their nearest Training Services NSW regional office (ph. 13 28 11) for advice and assistance.
An application to transfer an apprenticeship or traineeship must be lodged with the Commissioner within 14 days from the date on which the apprentice or trainee commenced work with the new employer.
When an apprenticeship or traineeship is transferred, the new employer waives his/her entitlement to a probationary period. All the terms and conditions of the contract that were in force at the time of the transfer, including the RTO, continue to apply and are binding on the new employer. After the apprenticeship or traineeship has been transferred, the new employer and the apprentice/trainee can apply to vary their training contact, subject to their mutual consent.
Commissioner for Vocational Training
Page last updated: 27 July 2016