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Resigning or Cancelling your Apprenticeship or Traineeship

You cannot just terminate an apprentice or trainee contract or pull them out of an apprenticeship or training position for another job.

There is a legal process that must be followed and the training contract needs to be officially cancelled.

When would you cancel a training contract?

  • The apprentice/trainee quits
  • The employer terminates the apprentice/trainee’s employment
  • The apprentice/trainee is not coping with the apprenticeship/trainee.

Resignation

Master Builders Apprenticeship Service request your resignation in writing (email) sent to apprenticeship@mbansw.asn.au

Please provide a minimum of 1 weeks notice

Master Builders Apprenticeship Service will initiate the required paperwork (see below) and send it to you via email to obtain your signature.

All financial entitlements will be paid to you within 2 weeks of your last day of employment.

How to cancel a training contract

Both the employer and the apprentice/trainee, or either individually, can apply to Training Services NSW to have your training contract cancelled.

If both parties agree to a cancellation:

  1. Complete a Cancel Training Contract form.
  2. the employer and the apprentice/trainee (and a parent/guardian if they are under 18) complete and sign the form.
  3. Forward it the Training Services NSW.
  4. You will receive a letter from Training Services NSW confirming that your Training Contract has been cancelled and stating the cancellation date.

Note that it is important that no coercion takes place for either party to agree to a mutual cancellation of an apprenticeship/traineeship.

If only one party consents to cancellation:

  1. Put the request for cancellation in writing including details of the apprenticeship/traineeship, why the apprentice/trainee does not consent and the contract identification number.
  2. Training Services NSW will write to the apprentice/trainee to formally request notification of agreement or disagreement with the cancellation.
  • If your apprentice/trainee replies and agrees, the cancellation will go ahead.
  • If your apprentice/trainee does not reply within 21 days the cancellation will still go ahead.
  • If your apprentice/trainee replies and does not agree then a Training Services NSW officer will contact you to arbitrate and hopefully resolve the issue.
  • If the parties still do not agree on cancellation the matter will be decided by the Vocational Training Tribunal.

A request from the apprentice/trainee to cancel the contract without the employers consent will be processed in a similar fashion.

 

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MBAS and MBAS+ are services offered by Master Builders Association of New South Wales Pty Ltd, ABN 11 074 397 532 (Master Builders) which is the Apprenticeship Services arm of Master Builders Association of New South Wales, ABN 96 550 042 906

© 2021 by Master Builders Association (NSW)

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Definitions

This document outlines the direct debit arrangements between Master Builders Association of NSW Pty Ltd, ABN 11 074 397 532 (MBANSW) and you.

MBANSW is the registered Group Training Organisation and Apprenticeship Services arm of Master Builders Association of New South Wales, ABN 96 550 042 906 (Master Builders)

“You”, “your” and “Training Employer” refer to you, your company and business nominated in the table below.

This document outlines the direct debit arrangements between MBANSW and you.

Direct Debit Terms and Conditions

  • Your nominated account or credit card will be debited weekly for hosting a MBAS or MBAS+ apprentice or trainee.
  • The first debit to your account will occur within 7 working days of the MBAS or MBAS+ apprentice or trainee commencing their placement with your business.
  • If an invoice payment is due on a non-business day, it will be debited from your account on the following business day.
  • Training Employer account information held by MBANSW will be kept confidential. Please note that some information is provided to the MBANSW financial institution to initiate the debit to your nominated account.
  • MBANSW will give you a minimum of 14 days’ notice in writing of changes to these Terms and Conditions.
  • If you wish to make changes to this arrangement, please contact MBANSW on (02) 8586 3533.

Your responsibility in this arrangement

  • Ensure that your nominated account can accept direct debits (your financial institution can confirm this).
  • Ensure there are sufficient cleared funds in the nominated account on the drawing date.
  • Advise MBANSW in writing if the nominated account is transferred or closed.


Please note that if your payment is dishonoured by your financial institution, a re-draw will take place within 7 days.

Any transaction fees payable by MBANSW in respect to a dishonoured payment will be added to your account.

Enquiries

Please direct all enquiries to MBAS (02) 8586 3533 or apprenticeship@mbansw.asn.au;

Please include your phone and email address.

I/We authorise MBANSW to arrange for funds to be debited from my/our nominated account at the financial institution identified below.

This authority to direct debit will remain in place in accordance with these Terms and Conditions.