Transfer of Registered Training Contracts - Permanent or Temporary

Version Number

1.4

Implementation Date

25/05/2016

Scope

All Training

Purpose

To provide an overview of the process and requirements for a temporary and permanent transfer including the recording of each action in the DELTA database
 
To provide details of the process for facilitating a permanent transfer including the involvement of an Australian Apprenticeship Support Network (AASN) Provider.

Overview

​The transfer of a registered training contract between employers can be made on either a temporary or permanent basis. 

A temporary transfer is available when all the obligations associated with the registered training contract are being moved from one employer to another for a period of up to 1 year.

For permanent transfers the registered training contract is moved from one employer to another without the need to cancel the existing contract and sign in to a new one.

As this is a transfer of the registered training contract there is no probationary period available to the new employer. 

Permanent and temporary transfers may be considered for a variety of reasons:
  • Change in circumstances of the employer or apprentice/trainee
  • Lack of ongoing employment
  • Different training opportunities
  • To facilitate the assessment of competency required under the training plan when an employer is temporarily unable to provide the range of work required.

Responsibilities

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

  • notify the Australian Apprenticeship Support Network (AASN) provider or the Queensland Department of Education and Training (DET, Qld) and the supervising registered training organisation (SRTO) about the temporary transfer of a registered training contract within seven days after the temporary transfer takes effect
  • it is the responsibility of all the parties to the training contract, and the proposed new employer, to make an application to the AASN provider or DET, Qld for a permanent transfer. It is possible to make application for a permanent transfer without the agreement of the current employer
  • if applicable, notify the AASN provider or DET, Qld about a change of AASN provider or SRTO as part of the transfer process.

Delegated officer:

  • approve or not approve applications to permanently transfer registered training contracts (Note: DET, Qld delegates process permanent transfer applications only for AASN providers that do not have delegation. All other applications are to be forwarded to the applicable Queensland based AASN provider for actioning)
  • process applications to temporarily transfer registered training contracts

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

  • record the details of temporary or permanent transfers in the DELTA database
  • notify the AASN provider of a permanent transfer if the application required actioning under delegation of a DET, Qld officer (i.e. the AASN provider did not have delegation)
  • provide written advice to the parties, and the SRTO as appropriate
  • Place an ad-hoc risk identifier against the employer record in DELTA if the SRTO notifies of inadequate arrangement.

Australian Apprenticeship Support Network (AASN) provider:

  • for permanent transfers, send details to DET, Qld in the agreed format noting approved or not approved (reasons for not approving to be provided)
  • for temporary transfers, send details to DET, Qld in the agreed format
  • if the proposed new employer has nominated a different AASN provider to the one identified on the apprentice’s/trainee’s registered training contract in DELTA, the original AASN provider will facilitate the change (e.g. send a copy of the application to the new AASN provider, send the details to DET, Qld in the agreed format).

Supervising Registered Training Organisation (SRTO):

  • develop a new training plan and have it signed within 28 days of the notification of the transfer taking effect
  • conduct an assessment of the new employer’s capacity to provide facilities, supervision and the range of work required
  • notify the AASN provider or DET, Qld if the new employer cannot provide the facilities, range of work and/or supervision required under the new training plan.

Process

​Employer and/or apprentice/trainee (and parent, if applicable), and the proposed new employer (if applicable):

Processing requests for the transfer of training contracts

Temporary Transfer:

Delegated officer:
  • if the notification is incomplete or does not meet the requirements set out in section 24 of the Further Education and Training Act 2014 (FET Act) contact the employer and apprentice/trainee to facilitate the transfer if suitable.
DET, Qld:
  • upon receipt of details from the AASN provider or a completed notification of a temporary transfer, enter the details of the new employer in the DELTA database under the variations Tab, including the dates the temporary transfer is in place. If the new employer is not in DELTA it will require the creation of an employer record.

Permanent Transfer:

Delegated officer:
  • upon receipt of an application for the permanent transfer of a training contract, the delegated officer must determine if the application is agreed to by all parties and the proposed new employer.
If the application is agreed to by all parties and the proposed new employer:
  • the delegated officer must make a decision to approve or not approve the permanent transfer of the registered training contract. The procedure for making this decision is set out in section 27 of the FET Act
  • check if the proposed new employer is declared as a prohibited employer
  • if applicable, confirm school support for the continuation of the training contract with the proposed new employer
  • if applicable, confirm with the SRTO that it can continue to act as the SRTO (where the transfer involves a significant change to the apprentice workplace location).

DET, Qld:

If an application is submitted by the apprentice/trainee and the proposed new employer without the agreement of the current employer:
  • DET, Qld must make a decision to approve or not approve the permanent transfer of the registered training contract. The procedure for making this decision is set out in section 28 of the FET Act
  • Whilst the decision is pending, update the training contract record in DELTA to a sub-status of "Show cause", and insert a show cause identifier "Pending permanent transfer outcome"
  • The decision will be dependent on the objections provided by the current employer
  • Failure by the current employer to respond to the chief executive notice of the permanent transfer application will be considered as having no objections and the transfer can proceed in line with the timeframes specified in the FET Act.

IF APPROVED 

AASN provider:
  • Send written notice to the previous (old) employer
  • Conduct an induction with the new employer as per commonwealth contractual requirements to determine new employer eligibility for incentives.
  • Facilitate a change of AASN provider if required.
DET, Qld:
  • Update DELTA with the new employer details and for a permanent transfer add the sub-status ‘permanent transfer’ and remove the show cause identifier
  • Provide a written notice of the decision to approve the transfer within 28 days of receipt of application. The written notice must include the date from which the transfer takes effect, this will generally be the date agreed to by the parties
  • The written notice is sent to:
    • the apprentice/trainee (parent/guardian if appropriate)
    • the new employer, and
    • the SRTO.
In cases where the SRTO identifies that the new employer cannot provide the range of work, facilities or supervision required the new employer record must be flagged to ensure no automatic registrations are progressed in DELTA, this is done via an ad-hoc risk identifier. The training contract may also need to be cancelled as the SRTO has withdrawn support. Refer cancellation procedure.
 
Supervising Registered Training Organisation:
  • Conduct an employer resource assessment and develop a new training plan
  • New training plan to be signed within 28 days of notification that the transfer has been approved
  • If the SRTO identifies that the new employer cannot provide the range of work, supervision and/or facilities to deliver the training required under the new training plan, notify the AASN provider or DET, Qld immediately.

IF NOT APPROVED

For applications which are not approved (application submitted by all parties and the proposed employer)
 
Delegated officer:
  • the existing registered training contract remains in force
  • provide a written notice of the decision to all parties including the proposed employer within 28 days of receipt of application; the written notice must include the reasons for the decision
  • if the original training contract is no longer valid as employment with that employer has ceased, cancel the training contract under section 36
For applications which are not approved (application submitted by apprentice/trainee and the proposed employer)
 
DET, Qld:
  • the existing training contract remains in force
  • provide a written notice of the decision to the apprentice/trainee and the proposed employer within 28 days of receipt of application
  • the written notice must include the reasons for the decision
  • provide advice to the current employer of the decision not to approve the application within 28 days of receipt of application
  • if the original training contract is no longer valid as employment with that employer has ceased, cancel the training contract under section 36
  • update the training contract record in DELTA to show the correct status and sub-status — if the application was made without the current employer's agreement, remove the show cause identifier from the training contract record.

ADDITIONAL CONSIDERATIONS 

Proposed date of transfer is in the past
If the proposed date of transfer is more than 28 days in the past, it is still possible to approve the transfer however the delegated officer may choose to investigate the reasons for the delay in making application.
 
Consideration should be given to continuity of employment; there cannot be a period of non-employment between ceasing with the old employer and the transfer occurring. If there is a period of non-employment the original contract may need to be cancelled and a new training contract entered in to.
 
Nominate a different SRTO
If the proposed new employer wishes to nominate a different SRTO to the one on the existing training contract, the AASN provider or DET, Qld may need to facilitate a change of SRTO at the same time as considering the application for transfer.
 
As the transfer does not take effect until the date notified by the delegated officer, it is possible to change SRTO while the application is being considered.
 
If the new or existing SRTO identifies any issues with the new employer arrangements, then the delegated officer may decide not to approve the application and the registered training contract remains in force.
 
SRTO acceptance
As the SRTO has already accepted their role under the original training contract it is not necessary to seek acceptance again when a training contract is transferred between employers. The SRTO, or a newly nominated SRTO must develop a training plan within 28 days of being notified of the transfer and the development of the training plan requires the SRTO to assess the new employer’s capacity to provide the adequate range of work, facilities and supervision required under the training plan.​

Online Resources

​Forms
Letters (DET, Qld employees only)
  • DELTA/CAS - Permanent transfer
  • CRM - Permanent transfer - AASN
  • CRM - Permanent transfer - EMP old
  • CRM - Permanent transfer - NOT approve - EMP new-EMP old-APP-Parent- School
  • CRM – Permanent transfer - transfer objection invited-EMP current
  • CRM – Permanent transfer - transfer objection invited-decision approve-EMP current  
  • CRM – Permanent transfer - transfer objection invited-decision NOT approve-EMP current

Letters/Agreements (AASN providers only)

  • Permanent transfer - EMP old
  • Permanent transfer - NOT approve
  • 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.

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).

Status and Sub-status in DELTA – The status of a training contract record in DELTA reflects what information 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