Advice and Instructions

Variation/Notification of Changes to a Training Contract or Training Plan

Issued: 30 November 2006

• Applications to vary a training contract or training plan may be made under s21 of the Apprenticeship and Traineeship Act 2001 by both parties to a training contract or by either one of the parties individually.

• Applications to vary a training contract under s21 of the A&T Act relate to contracts already approved and registered by the Commissioner for Vocational Training. For training contracts not yet approved (with a status of Pending, AAC Pending or Transfer Pending) details of the required amendments may be provided to the Commissioner by forwarding a copy of the amended training contract (with amendments initialled by the parties).

• Applications to vary a training contract do not take effect until approved by the Commissioner.

• Where the application for variation is made by one party only, the State Training Centre will contact the other party to seek confirmation of their support for the requested variation.

• All fields on the request forms must be completed except for "Change of employer details" and "Change of learner details", where only those fields to be amended should be completed.

• In some cases supporting documentation may be required – this is specified on the relevant attachment.

• The parties will receive written notification from the Commissioner advising them of the outcome of their application to vary the training contract.

• Requests for training contract variations other than those listed on these forms (for example changing traineeship employment arrangements from full-time to part-time, or a change of vocation request that involves a different Training Package) may require cancellation of the existing training contract and lodgement of an application for a new training contract - contact your local State Training Centre for more information.

Notification of certain matters relating to training contracts

• Section 15 of the A&T Act requires that employers notify the Commissioner within 14 days of other changes to the training contract (change of RTO, change of trading name, termination of trainee apprenticeships) or any other matters that may affect the training contract.

Notification of change of personal details

• Information on the training contract relating to the personal details (name, address, contact details) of the employer or apprentice/trainee may be amended based on their individual authorisation. Parties will not normally receive confirmation of these changes.

Early completion

Requests for early completion of a training contract may be approved when:

• The request is supported by both parties
• The learner has successfully completed the appropriate qualification through the nominated RTO
• The employer considers the learner has achieved a level of competence at the required industry standard
• The written request is received by the DET State Training Centre prior to the nominal completion date.

The Commissioner may also consider a request for early completion made by one party only. Where the other party does not support the request for early completion, the matter may be referred to the Vocational Training Tribunal for determination. The Tribunal, in dealing with the matter, may seek independent industry advice in regard to the on-the-job competence of the apprentice/trainee.

Extension of term

Requests for extension of the term of a training contract will be considered when:

• The application is supported by both parties
• The application is lodged with the Commissioner before the nominal completion date
• There are sound reasons for the request
• The application is supported by an amended Training Plan from the RTO showing that the learner will complete the relevant qualification within the extended term. The amended Training Plan should show:
  • Units of Competency already completed
  • Units of Competency yet to be completed and scheduled assessment dates for these units

Note that where a learner is absent from the workplace for an extended period the parties should apply for suspension of the training contract rather than an extension of term. A suspension, if approved, may result in the extension of the term of the contract by a period equivalent to the period of suspension.

Where the reason to extend the term is the learner’s failure to make satisfactory progress in completing their formal training through the RTO, such an application will not automatically be approved. An officer from the State Training Centre may investigate the matter to ensure that the parties are meeting their obligations under the apprenticeship/traineeship and have the required commitment to the formal training.

The State Training Centre may also contact the RTO to confirm that it is meeting its contractual obligations and its obligations under the AQTF regarding the quality of training and assessment.

Note. Applications to extend the term lodged by one party only will be dealt with by forwarding a 21-day notice to the other party seeking their consent. If consent is refused, the matter will be dealt with as a complaint under section 39(3) of the Act.

Change of vocation and/or qualification

Applications to change the vocation and/or qualification of a training contract may be made in the following circumstances:

• Where the vocation specified on the training contract and approved by the Commissioner was incorrect as a result of an error or oversight by the parties
• Where a qualification has been updated since the commencement of the training contract and the RTO will be amending the learner’s enrolment so that they will receive the updated qualification on successful completion of their formal training
• Where the RTO recommends shortly after the commencement of training that a different qualification from the same training package or a higher or lower level of the same qualification would be more appropriate, bearing in mind the existing skills and competencies of the apprentice/trainee and the type of work being undertaken

Note. Where the apprentice or trainee has been undertaking formal training in the vocation/qualification specified on the training contract for a significant period of time, requests to change the vocation/qualification should be submitted by means of a request to cancel or apply for early completion of the existing training contract followed by an application to establish an apprenticeship/traineeship in the new vocation.

Similarly, where the parties wish to change to a vocation which is linked to a qualification from a different Training Package, this should normally be done by means of cancellation of the existing training contract and re-establishment of the apprenticeship/traineeship.

Change of RTO

Employers are required to notify the Commissioner regarding a change of RTO (s15)(1)(c). In amending the training contract details, State Training Centre staff are required to check that the new RTO had the nominated qualification on its scope of registration at the time the change of RTO took place.

In notifying a change of RTO, parties will be asked to identify the reasons for doing so:

• The parties may be dissatisfied with the current RTO’s quality of service in delivering training, assessing skills or providing support for formal training
• The current RTO may have ceased to operate, have been de-registered or had the relevant qualification deleted from its scope of registration

Where a change of RTO is notified, the current RTO should be asked, where appropriate, to provide a Statement of Attainment giving details of those units of competency successfully completed by the learner. This should be provided to the new RTO and should be reflected in the new Training Plan.

Note. In the case of new entrant traineeships, the new RTO should check with Training Services regarding payments available under the ATTP for this training contract. The RTO may be able to apply to Training Programs for an exemption from the requirement to charge the trainee a second administration charge.

Change of apprenticeship type

A number of apprenticeships in the construction trades may be undertaken as either full or trainee apprenticeships. Applications from the parties to change the type of apprenticeship may be made in circumstances where the type of apprenticeship submitted on the training contract and approved by the Commissioner was incorrect as a result of an error or oversight by the parties.

Note. Changing the apprenticeship type may have IR implications as the award rate of pay for trainee apprentices is typically higher than for full apprentices.

Where the parties agree mid-way through the training term that the type of apprenticeship is to be changed, this should normally be done by applying for cancellation of the existing training contract and re-establishment of a new training contract.

Change of traineeship type

Applications to change the type of traineeship may be made where the information specified on the training contract and approved by the Commissioner (new entrant, existing worker or school-based) was incorrect as a result of an error or oversight by the parties. The Advice and Instructions item Approval requirements for apprenticeship and traineeship applications, issued 29 November 2006, sets out eligibility requirements for new entrant trainees.

Where the amended traineeship type is a school-based traineeship a full training plan must be attached.

Change of mode of delivery

Applications to change the mode of delivery of the formal training will be considered when:

• The mode of delivery selected is suitable for the type of qualification being undertaken and the nature of the employer’s business can support it.
• The RTO is approved to deliver in this mode (NE traineeships only)
• The proposed change will not adversely affect the learner’s capacity to successfully complete the formal training within the term of the training contract

Change of employer details

Employers are required under s15(2) of the Act to notify the Commissioner of changes to the business name, business address or to the nature of the business.

Note that the amended employer details will be reflected in the IVETS records of all training contracts for this employer. Only those fields to be amended should be completed on the attachment.

Change of learner details

Only those fields to be amended should be completed on the attachment.

Credit adjustment request

Requests for adjustment of the approved training term will be considered to allow credit for experience gained prior to commencement of the training contract. This may arise when:

• Previous relevant workplace experience that could have led to credit has been overlooked in preparing the training contract
• Documentation needed to support a credit request was not previously available but has now been obtained.

Note that the parties should be advised that retrospectively adjusting credit allowed for a training contract may have IR implications.

Approved by the Commissioner for Vocational Training

[Date : 30/11/2006]