Suspension of Registered Training Contracts

Version Number

1.5

Implementation Date

1/07/2015

Scope

All Training

Purpose

To provide an overview of the process and requirements for an application​ to suspend a registered training contract for a period of up to 12 months.​​​​​​​

Overview

​A suspension allows the employer and apprentice/trainee to temporarily suspend the responsibilities associated with a training contract. This will generally be related to a change in employment arrangements.

An application to suspend a registered training contract may happen for a variety of reasons, such as:
  • seasonal employment 
  • a gap or study year outside the apprenticeship/traineeship
  • long term illness
  • maternity or paternity leave.
A party may withdraw their consent to suspend a registered training contract within seven days after an application for suspension is received by the Australian Apprenticeship Support Network (AASN) provider or the Queensland Department of Education and Training (DET, Qld).
 
An approved suspension under the Further Education and Training Act 2014 (FET Act) does not automatically suspend the employment relationship between the employer and apprentice. The employer and apprentice must determine the ongoing employment arrangement during the period of approved training contract suspension in accordance with the relevant instrument and the Fair Work Act 2009. For further information about leave arrangements, suspending or standing-down an employee please contact Fair Work Info Line: 13 13 94 or www.fairwork.gov.au.

Responsibilities

Employer and apprentice/trainee (and parent, if applicable):

  • It is the responsibility of an employer and/or apprentice/trainee to request a
    • suspension
    • change to the suspension period, or
    • withdrawal of a suspension application.

Delegated officer:

  • process applications to suspend registered training contracts
  • process requests to withdraw consent to suspend registered training contracts

DET, Qld:

  • telephone the AASN provider to advise if a withdrawal of consent to an application to suspend is received
  • notify the parties in writing of any decisions or changes to the application
  • update the applicable records.

AASN provider:

  • hold applications for suspension for seven days from the date of receipt (i.e. the period during which an applicant may withdraw consent) before sending details to DET, Qld in the agreed format
  • telephone DET, Qld to advise if a withdrawal of consent to an application to suspend is received, and promptly send a copy of the request to withdraw consent to DET, Qld
  • notify DET, Qld if a change to the suspension period is received and send details to DET, Qld in the agreed format.

Supervising Registered Training Organisation (SRTO):

  • cease training delivery to the apprentice/trainee during the suspension period
  • review and update the apprentice/trainee training plan at the end of the suspension.

Process

​Employer and apprentice/trainee (and parent, if applicable):

  • complete an application to suspend the registered training contract in the approved form.  The commencement date of a suspension cannot be less than seven days from the date the application is given to the AASN provider or DET, Qld
  • notify the AASN provider or DET, Qld in writing, within seven days from the date the application was given to the AASN provider or DET, Qld, if the party decides to withdraw their consent to suspend the registered training contract
  • notify the AASN provider or DET, Qld if there are changes to the approved suspension period e.g. an early return to the training contract, a change to ongoing employment that may impact the capacity to continue the training contract at the conclusion of the suspension period.

Processing requests for suspension of training contracts

 
Delegated officer:
  • hard copy applications must be date stamped to identify the day of receipt
  • when an application is received and the day the proposed suspension is to commence is less than seven days from the receipt of the application, contact the parties and provide advice that the suspension will not commence until a date seven days after the application was received by the AASN provider or DET, Qld.

DET, Qld:

  • if the suspension application has been received directly from the parties to the registered training contract (i.e. not forwarded by an AASN provider), add the sub-status ‘pending suspension’ to the training contract record in DELTA and include the effective date as stated on the suspension application (or seven days after the application was received)
  • enter the suspension period in the variation window of the training contract record in DELTA
  • if after seven days of receipt of application a withdrawal of consent is not received by the AASN provider or DET, Qld, DELTA automatically changes the status of the training contract to ‘suspended’ and suspension letters are automatically generated
  • for suspensions in excess of three months DELTA will automatically generate a suspension reminder one month prior to the end of the suspension period
  • at the conclusion of the suspension period DELTA will automatically revert the training contract status back to ‘active’ or ‘active recommencement’ as per the original record, amend the nominal completion date and generate a suspension finalisation letter to advise of the revised nominal completion date.

In circumstances, e.g. DET, Qld office closure period, which impacts DET, Qld's capacity to process the application prior to the date it is due to take effect, and a withdrawal of consent has not been received, the use of the pending DELTA sub-status is not required. The DELTA status is changed to ‘suspended’ and the DELTA variation window is completed to reflect the dates of the approved suspension period. Letters will be automatically generated.

Processing requests to withdraw consent of suspension

 
Delegated officer:
On receipt of written advice withdrawing consent of the suspension, ensure the written advice:
  • is received within seven days from the date the suspension application was received by the AASN provider or DET, Qld
  • is signed by a party to the training contract (and, if the party is the apprentice or trainee, the parent if applicable and appropriate)

In the event that the notification failed to meet the requirements to have the suspension period withdrawn the delegated officer will contact the party which submitted the notification of withdrawal and advise that the withdrawal was unable to be processed and the suspension remains in place.

DET, Qld:

  • in the event of proper notification of withdrawal of consent, immediately process in DELTA, removing the suspension pending sub status (if applicable) and the period of suspension variation record, and notify each party in writing that the training contract remains active.

Processing requests to change suspension period

Delegated officer:

  • If an enquiry or application is received seeking to cancel a suspended training contract, follow the “Cancel a registered training contract by all parties” procedure
  • If employment has been terminated follow the applicable cancellation procedure dependent on the advice received.
  • If the information relates to a matter such as attendance at training, contact the parties and provide advice as appropriate to the circumstances.

DET, Qld:

  • For a change to the suspension period which is agreed to by all parties and that does not exceed the 12 month maximum suspension period, update the DELTA record as appropriate and provide written notice of the amended nominal completion date.

Online Resources

​Forms

Letters (DET, Qld employees only)

  • DELTA/CAS – Suspension approval letter
  • DELTA/CAS – Suspension finalisation letter 
  • DELTA/CAS – Suspension reminder letter
  • CRM - General NOT approved - EMP-APP-Parent-SRTO
  • CRM - Withdraw consent to cancel or suspend - EMP-APP-Parent-School

Letters/Agreements (AASN providers only)

  • Withdraw consent to cancel or suspend
  • 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.

Customer Relationship Management (CRM) system  used to capture information on all client and stakeholder queries and correspondence.

Days  References to days refers to calendar days

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

DELTA  Direct Entry Level Training Administration, DET, Qld's database of registered apprentices and trainees (for internal access only).

Nominal Completion Date  the date set by DELTA, which signifies the end of the nominal term for a registered training contract

Status and Sub-status in DELTA – The status of a training contract in DELTA reflects information that has been provided to DET, Qld. A training contract in DELTA will always have a status e.g. ‘active’ or ‘complete’, the training contract may also have a sub-status if applicable e.g. ‘pending an action’, the sub-status generally provides additional information relating to the status e.g. status ‘cancelled’ and sub-status ‘mutual consent’.

Supervising Registered Training Organisation (SRTO)  is a Registered Training Organisation that:
  1. accepts a nomination to deliver training and assessment to apprentices or trainees as negotiated and agreed under individual training plans
  2. assesses whether the apprentice or trainee has completed the training and assessment required to be completed under a training plan
  3. when satisfied the apprentice or trainee has completed the training and assessment required, issues the qualification or statement of attainment stated in the training plan, and is a signatory on a completion agreement verifying that all training and assessment required under the training plan has been completed by the apprentice or trainee.
Variation window in DELTA – where periods of variation are recorded e.g. suspensions or temporary transfers