Amending Registered Training Contracts

Version Number

1.3

Implementation Date

1/07/2015

Scope

All Training

Purpose

Outlines the process for an amendment or minor amendment to a registered training contract, or change of supervising registered training organisation.​

Overview

​This procedure outlines the process for:
  • approving or not approving amendments to registered training contracts
  • approving minor amendments to registered training contracts
  • changing the supervising registered training organisation
  • amending registered training contracts without application by the parties (DET, Qld delegates only).

Responsibilities

​Head Office - Queensland Department of Education and Training (DET, Qld) – Queensland Apprenticeship and Traineeship Office (QATO)
  • Publish on the department’s website the names and addresses of persons authorised to accept notices of minor amendments under s21 of the Further Education and Training Act 2014 (FET Act).

Head Office – Queensland Department of Education and Training (DET, Qld) – DELTA Help Desk

  • Process bulk (25 or more) notification of change of supervising registered training organisation (ATF-010) applications
  • Process bulk (25 or more) notification of change of qualification (ATF-028)applications.
Delegated Officer
  • approve or not approve amendments
  • approve or not approve minor amendments
  • process applications to change a supervising registered training organisation
  • amend matters that are no longer correct because of changed circumstances (DET, Qld delegates only).
Australian Apprenticeship Support Network (AASN) provider
  • for an amendment, send details to DET, Qld in the agreed format noting approved or not approved (reasons for not approving to be provided)
  • for a minor amendment, send details to DET, Qld in the agreed format.
Employer and/or Apprentice/Trainee
  • apply to the AASN provider or DET, Qld in the approved form if an amendment to the registered training contract is required (Amendment Form - ATF-035)
  • give the AASN provider or DET, Qld notice of a minor amendment either orally or in writing (Minor Amendment Form - ATF-017)
  • provide additional documents or information if requested by the AASN provider or DET, Qld
  • give a signed notice to the SRTO if it is to be replaced, providing at least 14 days’ notice of the SRTOs replacement
  • give a signed notice to the AASN provider or DET, Qld if an SRTO is replaced, providing at least 14 days’ notice, advising the name of the new SRTO (Change of supervising registered training organisation form - ATF-010).

Process

​Delegated Officer:
In deciding to approve or not approve an amendment, consider:
  • Has the application been received in the approved form?
  • Does the request alter the substance or effect of the training contract? (refer to examples on Amendment form – ATF-035)
  • Has sufficient documentation or information been provided?
In instances where the reason for the amendment is to change from a qualification to another in a different industry/training package, ensure that the parties:
  • are advised to contact the department, or are advised by the department, if there are any implications to state funding
  • are advised to contact their AASN provider, or are advised by their AASN provider, if the amendment affects any Australian Government incentives
  • are advised to contact the Fair Work Ombudsman on telephone 13 13 94 to discuss any implications the amendment might have regarding wages
  • are aware of the process regarding extending the nominal term should this be required at a later date.
In deciding to approve or not approve a minor amendment, consider:
  • Has the request, either orally or in writing, come from one of the parties to the registered training contract?
  • Does the substance or effect of the training contract remain unaltered by the request? (refer to examples on Minor Amendment form – ATF-017)
  • Has sufficient information been provided?
In deciding to amend without application by the parties (DET, Qld delegates only), consider:
  • Is the amendment necessary to update matters that are no longer correct because of changed circumstances? (refer s22 of the FET Act for some examples). If yes, update the DELTA record.

DET, Qld

  • if an amendment has been approved, update the DELTA record and send DELTA/CAS letters
  • if an amendment has not been approved, note the decision and reasons in DELTA and send CRM letters
  • if a minor amendment has been approved, update the DELTA record. It is optional to send DELTA/CAS letters.

Online Resources

​Forms
Online materials
Letters (DET, Qld employees only)
  • DELTA/CAS – Amendment MAJOR (approved)
  • DELTA/CAS – Amendment – MINOR (approved)
  • DELTA/CAS – Amendment – Change of SRTO (approved)
  • DELTA/CAS – Qualification and/or contract mode (change)
  • DELTA/CAS – SAT conversion letters
  • CRM – request information from parties to the training contract - EMP-APP
  • CRM - General NOT approve letter - EMP-APP-Parent-SRTO

Letters/Agreements (AASN providers only)

  • Request additional amend information from parties to a training contract
  • General NOT approve
  • Performance and Funding Agreement between DET, Qld and the AASN providers.

Review Date

1/07/2017
Attribution CC BY

​Australian Apprenticeship Support Network (AASN) provider

AASN providers, also known as Apprenticeship Network providers, are contracted by the Queensland Department of Education and Training (DET, Qld) to provide targeted services which deliver tailored advice and support to employers, apprentices and trainees. The AASN provider is the first point of contact for the administration of all training contracts.

Approved form – a form approved by the chief executive.

CRM - Customer Relationship Management system used to capture information on all client and stakeholder queries and correspondence.
 
Delegated officer – an appropriately qualified person to whom the chief executive has delegated functions and powers.
 
‘Effect’ of a training contract – relates to an impact on the contract’s registration status or nominal term.
 
‘Substance’ of a training contract – relates to the details considered to be the essence of the contract and forms the basis of the offer and acceptance between the parties.