Training contracts can be paused, or suspended, to allow for changes in personal and business circumstances that affect both apprentices, trainees and employers.
Reasons to suspend a training contract
As an apprentice or trainee, you can suspend your training contract due to:
recovery from illness or injury
parental leave
a 'gap year' away from work
other reasons why you can't meet your training obligations for a set time.
Your employer can apply for a suspension due to:
temporary closure of their business
seasonal lack of work.
Suspending a training contract means that you can avoid cancelling and restarting a new one.
Suspension of the training contract is separate from your employment contract and means that you must negotiate other arrangements like leave and pay separately.
While the training contract is suspended, you can't go to training at your training organisation.
Once the suspension period has finished, you and your employer should meet with your training organisation to review your training plan.
The end date of your training contract will automatically be extended to cover the suspension period.
Apply for suspension
An application for suspension must be approved by us first.
You can't simply stop working without your employer's consent and your employer can't force you to suspend your training.
Different types of suspension
There are 3 types of suspensions used for different purposes:
mutual suspension
suspension by one party
temporary suspension.
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If you and your employer agree to suspend your training contract, you need to discuss dates. The start date cannot be less than 7 days from the date the application is given to your Apprentice Connect Australia Provider (Provider), or us, the Department of Employment, Small Business and Training.
The training contract can be suspended for up to 12 months per application.
Steps to mutually suspend your training contract
Agree with your employer on the start and end dates of the proposed suspension.
Get signed consent from your parent or guardian, if you are under 18.
To change your mind after you have already agreed to a suspension, follow these steps to 'withdraw your consent':
Apply in writing to your Provider.
Apply within 7 days of lodging the application to suspend the training contract.
Sometimes, either you or your employer may not be able to agree or consent to a proposed suspension of the training contract at the time.
For example, you may be on sick leave and be so unwell that you can't discuss the situation.
In situations like this, your employer can apply to suspend the training contract. The start date cannot be less than 7 days from the date the application is given to us and the training contract can be suspended for up to 12 months per application.
Steps to suspend your training contract by one party
State reasons for the proposed suspension, including the reasons why the other party cannot consent to the suspension.
Provide start and end dates for the proposed suspension. The party applying must arrange for the parent or guardian consent if appropriate.
