Statutory Transfer or Cancellation of Registered Training Contracts

Version Number

1.2

Implementation Date

1/07/2015

Scope

All Training

Purpose

This procedure outlines the steps to be taken in the event that a business is sold or where a partnership is dissolved and the status of any apprentices/trainees employed within the business may be affected.​​

Overview

​An employer of an apprentice/trainee is to give the Australian Apprenticeship Support Network (AASN) provider or the Queensland Department of Education and Training (DET, Qld) a signed notice in the event that the employer sells or disposes of their business or if there is a dissolving of a partnership.

In the event of a sale, the new owner (purchaser) continues to engage the apprentice/trainee unless the new owner provides contrary advice to the AASN provider or DET, Qld prior to the sale of the business taking effect.

In the event of the dissolving of a partnership the remaining partner/s will continue to engage the apprentice/trainee. If there are no remaining partners, the registered training contract is taken to be cancelled.

These actions relate to the registered training contract and have no impact on any continuing employment obligations that may be applicable.

Responsibilities

​Queensland Department of Education and Training (DET, Qld):

  • provide notification to the AASN provider if notification of the sale/disposal of a business or dissolution of a partnership is received.

Australian Apprenticeship Support Network (AASN) provider:

  • send details of a the sale/disposal of a business or dissolution of a partnership to DET, Qld in the agreed format.

Process

Employer/Partner/Seller:

  • Provide signed notice within 14 days to the AASN provider or DET, Qld of the sale/disposal of a business or dissolution of a partnership taking effect, that the event has happened
  • The signed notice must identify the date the sale/disposal or dissolution took place
  • The signed notice for the dissolution of a partnership must identify if the business of the dissolved partnership is continued by 1 or more persons who were partners of the dissolved partnership.

Sale/disposal of business where purchaser is continuing the training contract

Purchaser of business:

  • Provide signed notice within 14 days to the AASN provider or DET, Qld of the sale/disposal of a business taking effect that the purchaser agrees to continue the apprentice/trainee arrangements under the registered training contract.

Delegated Officer:

  • Transfer the registered training contract to the purchaser with a date of effect as per the date of sale or disposal taking effect

DET, Qld:

  • update the relevant DELTA record based on the information provided and send DELTA/CAS letters.

Sale/disposal of business where purchaser is NOT continuing the training contract

Purchaser of business:

Provide written notice to the AASN provider or DET, Qld that the purchaser is not continuing the training contract (i.e. does not want the training contract to be transferred) prior to the sale or disposal of the business taking effect.

Delegated officer:

  • note timing of when the advice was given and apply relevant steps:
    • prior to the sale or disposal of the business taking effect:
      • cancel the training contract/s with a termination date as per the advice provided
    • after the sale or disposal taking effect:
      • transfer the registered training contract to the purchaser with a date of effect as per the date of sale or disposal taking effect.

DET, Qld:

  • update the relevant DELTA record based on the information provided and send DELTA/CAS letters.

Dissolving partnership where no continuation of business by any partner

DET, Qld:

  • cancel the training contract/s in DELTA with a termination date as per the advice
  • provide a written notice to the apprentice/trainee.

Online Resources

​Forms
Letters (DET, Qld) employees only)
  • DELTA/CAS - Cancel due to opt out
  • DELTA/CAS - Cancel due to non-continuing partnership arrangements
  • DELTA/CAS - Statutory transfer

Agreements (AASN providers only)

  • Performance and Funding Agreement between DET, Qld and the AASN providers
Online Resources

Review Date

1/07/2017
Attribution CC BY
​Approved form – a form approved by the chief executive. 
 
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.
 
DELTA - Direct Entry Level Training Administration, DET, Qld's database of registered apprentices and trainees (for internal access only).

Delegated officer - an appropriately qualified person to whom the chief executive has delegated functions and powers.