Ending the training contract

How much notice is required to cancel an apprentice or trainee training contract?

During the probationary period
The Industrial Relations Act 1999 (PDF, 1.9MB) (the Act) provides that an apprentice or trainee may be terminated during the probationary period by one week’s notice given by either the employer or apprentice or trainee.

If one week's notice (five working days) is not given:

an apprentice or trainee who terminates their employment without giving this notice can lose an amount equal to one week's wages.
an employer who terminates a probationary apprentice or trainee without giving this notice must pay the apprentice or trainee an amount equal to one week's wages.

If you were employed (excluding casual work) with the same employer immediately before you started your apprenticeship or traineeship, and the training contract is cancelled, you must be reinstated to your previous position.

When the probationary period has ended
An apprentice or trainee enters into an employment contract to work for an employer for a specific amount of time or fixed duration, in return for instruction in a trade, art, or business. Each party has obligations under the training contract.

An employer and the apprentice or trainee may agree to cancel their training contract for the apprenticeship or traineeship at any time, provided:

the agreement to cancel is in writing
the date of effect of the cancellation is identified
the Training and Employment Recognition Council is informed.

An employer, apprentice or trainee may also apply to cancel their training contract in specific situations. e.g. If they are unable to fulfil their obligations under the contract.

After the probationary period, if you want to cancel the training contract, it is important that you contact the Queensland Department of Education, Training and the Arts.

Can an apprentice or trainee be reinstated to a previous position held with their employer?

The Act provides for reinstatement where an apprentice or trainee held a position with their employer immediately prior to the commencement of their apprenticeship or traineeship. If one of the following events occurs, the person is taken to be immediately reinstated with the employer in the person's previous position:

the Training and Employment Recognition Council refuses to register the person's training contract,
the training contract is cancelled,
the apprenticeship or traineeship ends before the probationary period for the apprentice or trainee ends, or
the person completes the apprenticeship or traineeship.

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Rights & obligations

Ending the training contract

How much notice is required to cancel an apprentice or trainee training contract?

Can an apprentice or trainee be reinstated to a previous position held with their employer?