What are the procedures for transfer, suspension, cancellation, re-establishment of an apprenticeship or traineeship?

What are the procedures for transfer, suspension, cancellation or re-establishment of an apprenticeship or traineeship?

Applications for the mutual cancellation or suspension of an apprenticeship or traineeship or the transfer of an apprenticeship or traineeship must be lodged with the Commissioner for Vocational Training at the local Training Services NSW Centre within 14 days from the date the cancellation, suspension or transfer took place.

Australian Apprenticeship Support Network (AASN) or staff from the local Training Services NSW Centre can assist and advise on the process.

Transfer

Apprenticeships and traineeships can be transferred from one employer to another as long as the employer, the apprentice or trainee and the new employer all agree to the transfer. These arrangements are discussed further in the Transfer of apprenticeships and traineeships (Section 20).

Mutual suspension

Apprenticeships and traineeships can be mutually suspended provided the employer and the apprentice or trainee both agree. Suspension may be necessary because of a lack of work, serious illness or other extenuating circumstances. Mutual suspension is discussed further in the Suspension and cancellation of apprenticeships and traineeships by consent (Section 22).

Mutual cancellation

Apprenticeships and traineeships can be mutually cancelled as long as the employer and apprentice or trainee both agree. Mutual cancellation is discussed further in the Suspension and cancellation of apprenticeships and traineeships by consent (Section 22).

This does not apply to trainee apprenticeships either party can give notice of termination as per the Award or Industrial agreements.

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Re-establishment of an apprenticeship or traineeship after it has been cancelled?

An apprenticeship or traineeship that has been cancelled can be re-established with a new or previous employer. A new probationary period will be available and a reduction in the original term of the apprenticeship or traineeship may be applicable and approved by a Training Services NSW Centre, NSW Department of Industry.

New Apprenticeships Centres can assist with the forms and processes required. Employers and/or apprentices or trainees must provide proof of any time already served (in order to have the term reduced), the original registration number, and any other supporting documentation (eg. certificates, statements of attainment or letters from the registered training organisation) as proof of any completed or partially completed structured training.

Note: Time lost (eg. through suspension) is generally excluded from the apprenticeship or traineeship term. However an application may be made to a Training Services Centre, NSW Department of Industry to review this exclusion on the merits of the particular apprenticeship or traineeship.

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Page last updated: 18 August 2016