Apprenticeship / Traineeship Training Contract (Australia)
State/Territory Training Acts — Australian Apprenticeship Support Network (AASN)
This Training Contract (the “Contract”) is entered into on [Agreement Date] pursuant to the applicable vocational education and training legislation of [Governing State], including the relevant State or Territory Training Act, and in accordance with the Australian Apprenticeships Framework.
THE PARTIES to this Training Contract are:
[Employer Name] (ABN [Employer ABN], ACN [Employer ACN]), of [Employer Address], [Employer City] [Employer State] [Employer Postcode] (the “Employer”); and
[Apprentice Name], born [Apprentice DOB], of [Apprentice Address], [Apprentice City] [Apprentice State] [Apprentice Postcode] (the “Apprentice”).
The Employer and the Apprentice are referred to collectively as the “Parties”.
1. APPRENTICESHIP / TRAINEESHIP DETAILS
1.1 Type of Training Arrangement: [Contract Type].
1.2 Trade, Vocation, or Occupation: [Trade Or Vocation].
1.3 National Qualification: [Qualification Code] ([Qualification Level]).
1.4 Registered Training Organisation (RTO): [RTO Name] (National Provider Code: [RTO Number]).
1.5 Australian Apprenticeship Support Network (AASN) Provider: [AASN Provider].
1.6 This Training Contract is to be registered with the relevant State Training Authority in [Governing State] within 14 days of commencement of the [Contract Type].
2. NOMINAL TERM AND COMMENCEMENT
2.1 The [Contract Type] commences on [Commencement Date].
2.2 The nominal term of this [Contract Type] is [Nominal Term] from the commencement date, subject to competency-based progression and completion.
2.3 This [Contract Type] is offered on a [Employment Basis] basis.
2.4 The [Contract Type] may be completed before the expiry of the nominal term if the Apprentice demonstrates competency in all required units of competency set out in the Training Plan, and the RTO issues a relevant Statement of Attainment or Qualification. Early completion must be confirmed in writing by the RTO and notified to the relevant State Training Authority.
3. WAGES AND SUPERANNUATION
3.1 The Employer will pay the Apprentice wages in accordance with the applicable modern award or enterprise agreement, at the following rate: [Wage Rate].
3.2 The Employer will make superannuation guarantee contributions at the rate of [Super Rate] on ordinary time earnings, as required by the Superannuation Guarantee (Administration) Act 1992 (Cth).
3.3 The Apprentice’s wages will be reviewed at the commencement of each subsequent year of the [Contract Type] in accordance with the applicable award. The Employer must ensure that the Apprentice’s wages are not less than the minimum rates prescribed by the applicable modern award as varied from time to time by the Fair Work Commission.
3.4 The Employer must pay the Apprentice for all time spent attending off-the-job training at the RTO, including reasonable travel time where the RTO is not located near the Employer’s principal workplace.
4. TRAINING OBLIGATIONS
4.1 The Employer agrees to: (a) provide the Apprentice with on-the-job training and work experience relevant to the trade, vocation, or occupation of [Trade Or Vocation]; (b) release the Apprentice to attend off-the-job training at [RTO Name] (RTO [RTO Number]) as required by the Training Plan; (c) cooperate with the RTO in the development, implementation, and review of the Training Plan; (d) provide the Apprentice with a safe and supportive work environment conducive to learning; and (e) ensure that a suitably qualified and experienced tradesperson or supervisor is available to supervise and mentor the Apprentice.
4.2 The off-the-job training will be delivered by [RTO Name] via [Training Delivery].
4.3 The Employer will pay all costs of off-the-job training and assessment unless otherwise agreed in writing with the Apprentice and the RTO, consistent with applicable state or territory legislation and policy.
5. APPRENTICE OBLIGATIONS
5.1 The Apprentice agrees to: (a) attend work as required by the Employer during the ordinary hours of [Hours Per Week]; (b) diligently pursue competency in all units required for the qualification [Qualification Code]; (c) attend all scheduled off-the-job training sessions and assessments at [RTO Name]; (d) comply with the Employer’s workplace policies, including work health and safety policies and codes of conduct; and (e) notify the Employer and the RTO of any difficulties or barriers to completing the [Contract Type].
6. COMPETENCY-BASED PROGRESSION AND COMPLETION
6.1 Progression through the [Contract Type] is competency-based. The Apprentice may progress to a higher year level or complete the [Contract Type] before the expiry of the nominal term upon achieving all required units of competency as assessed by [RTO Name].
6.2 The Employer must not unreasonably delay or prevent the Apprentice’s access to training, assessment, or competency-based progression.
6.3 On satisfactory completion of all units of competency, [RTO Name] will issue the Apprentice with the qualification [Qualification Code]. The completion date will be notified to the relevant State Training Authority.
7. WORK HEALTH AND SAFETY
7.1 The Employer is a Person Conducting a Business or Undertaking (PCBU) under the Work Health and Safety Act 2011 (Cth) and equivalent [Governing State] WHS legislation and must ensure the health, safety, and welfare of the Apprentice so far as is reasonably practicable.
7.2 The Employer must provide adequate supervision of the Apprentice at all times during the on-the-job component of the [Contract Type]. The Employer must not direct the Apprentice to perform any work for which they are not adequately trained or qualified.
7.3 The Employer must maintain workers’ compensation insurance for the Apprentice in accordance with the applicable workers’ compensation legislation in [Governing State].
8. SUSPENSION, TRANSFER, AND CANCELLATION
8.1 This Training Contract may be suspended, transferred to a new employer, or cancelled by agreement of the Parties, subject to approval by the relevant State Training Authority in [Governing State].
8.2 This Training Contract may be cancelled on grounds including: (a) the Employer ceasing to carry on business; (b) the Apprentice’s failure to progress or attend training after a period of support and counselling; (c) serious misconduct by either party; or (d) other grounds specified in the applicable State or Territory Training Act.
8.3 Cancellation requires written notice and registration with the relevant State Training Authority. Prior to cancellation, the Parties must follow the dispute resolution and mediation process established under the applicable State or Territory Training Act.
9. DISPUTE RESOLUTION
9.1 Any dispute arising in connection with this Training Contract must first be referred to conciliation or mediation in accordance with the dispute resolution process established under the applicable State or Territory Training Act in [Governing State].
9.2 Disputes relating to wages and other employment entitlements may be referred to the Fair Work Commission or the relevant industrial tribunal for determination.
10. GENERAL PROVISIONS
10.1 Governing Law. This Training Contract is governed by the laws of [Governing State], Australia, and the applicable State or Territory Training Act.
10.2 Entire Agreement. This Training Contract and the Training Plan constitute the entire agreement between the Parties in relation to the [Contract Type].
10.3 Amendments. No amendment to this Training Contract is effective unless approved by the relevant State Training Authority in [Governing State] and confirmed in writing by all Parties.
10.4 National Employment Standards. Nothing in this Training Contract limits or excludes the Apprentice’s entitlements under the National Employment Standards in the Fair Work Act 2009 (Cth) or any applicable modern award.
SIGNED as a Training Contract on the date first written above.
EMPLOYER
[Employer Name]
ABN: [Employer ABN]
Address: [Employer Address], [Employer City] [Employer State] [Employer Postcode]
APPRENTICE / TRAINEE
[Apprentice Name]
Date of Birth: [Apprentice DOB]
Address: [Apprentice Address], [Apprentice City] [Apprentice State] [Apprentice Postcode]
Employer
________________
Signature
Date: ________________
Apprentice / Trainee
________________
Signature
Date: ________________
Parent / Guardian (if under 18)
________________
Signature
Date: ________________
What Is a Apprenticeship / Traineeship Training Contract (Australia)?
An Apprenticeship / Traineeship Training Contract in Australia sets out the duties, hours, pay, leave, and termination terms between employer and employee, consistent with the minimum entitlements guaranteed by the Fair Work Act 2009 (Cth).
Australian apprenticeships are regulated at both the Commonwealth and state or territory level. The Australian Government administers the broader Australian Apprenticeships Framework, including the Australian Apprenticeships Incentives Program (AAIP) and the Australian Apprenticeship Support Network (AASN), which provides advisory and registration support to employers and apprentices. Each state and territory has its own Training Act and State Training Authority, which is responsible for registering Training Contracts, investigating complaints, and resolving disputes.
A Training Contract must be in writing, signed by all parties, and registered with the relevant State Training Authority. Without registration, the arrangement may not be recognised as a formal apprenticeship or traineeship, which can affect the employer's eligibility for government incentives and the apprentice's right to a nationally recognised qualification.
The Australia Apprenticeship / Traineeship Training Contract (Australia) Australian Apprenticeship Training Contract template covers all key elements required by the Australian Apprenticeships Framework, including competency-based progression, award wages, superannuation at 11.5% (2024-25), off-the-job training provisions, RTO identification, AASN details, government incentive payments, WHS obligations, and the dispute resolution and cancellation process under state and territory Training Acts.
The legal framework governing the Apprenticeship / Traineeship Training Contract (Australia) in Australia draws on several key statutes and regulatory bodies. Under the Fair Work Act 2009 (Cth), the Fair Work Commission (FWC) adjudicates workplace disputes. Section 394 of the Fair Work Act 2009 governs unfair dismissal claims. The Fair Work Ombudsman (FWO) enforces compliance with the National Employment Standards (NES). The Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs) govern personal data handling. The Australian Taxation Office (ATO) administers PAYG withholding and superannuation guarantee obligations under the Superannuation Guarantee (Administration) Act 1992. Parties executing a Apprenticeship / Traineeship Training Contract (Australia) in Australia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Fair Work Act 2009 (Cth) sets the foundational requirements.
When Do You Need a Apprenticeship / Traineeship Training Contract (Australia)?
A Training Contract is needed whenever an employer in Australia engages a worker as an apprentice or trainee to complete a nationally recognised AQF qualification as part of their employment. Without a formal Training Contract registered with the State Training Authority, the arrangement is not a legal apprenticeship or traineeship and neither the employer nor the apprentice can access the benefits of the Australian Apprenticeships Framework.
You need an Apprenticeship Training Contract in the following situations: when a trade employer in the electrical, plumbing, construction, engineering, air conditioning and refrigeration, or automotive industry engages a school leaver or mature-age worker as an apprentice to complete a Certificate III or Certificate IV trade qualification; when a hospitality, retail, business administration, community services, or information technology employer engages a trainee to complete a Certificate II or III qualification as part of their employment; when a school-based apprenticeship or traineeship (SBAT) is established in partnership with a secondary school to allow a student to begin their qualification while completing Year 11 or 12; when an employer is transitioning an existing casual or full-time employee into a formal traineeship in a new vocational area as part of a workforce development strategy; and when an employer wishes to access government incentive payments under the Australian Apprenticeships Incentives Program (AAIP), which requires a registered Training Contract.
The training contract is also necessary from the apprentice's perspective: it is the legal instrument that obligates the employer to provide structured on-the-job training, pay award wages, release the apprentice to attend RTO training, and support the apprentice in achieving their qualification.
Parties in Australia should prepare a Apprenticeship / Traineeship Training Contract (Australia) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under the Fair Work Act 2009 (Cth), the Fair Work Commission (FWC) adjudicates workplace disputes. Section 394 of the Fair Work Act 2009 governs unfair dismissal claims. The Fair Work Ombudsman (FWO) enforces compliance with the National Employment Standards (NES). The Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs) govern personal data handling. The Australian Taxation Office (ATO) administers PAYG withholding and superannuation guarantee obligations under the Superannuation Guarantee (Administration) Act 1992. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Apprenticeship / Traineeship Training Contract (Australia)
A well-drafted Australian Apprenticeship Training Contract must address the following key elements.
Identification of the qualification and RTO is fundamental. The contract must specify the full AQF qualification title and code (as listed on training.gov.au), the trade or vocation, and the name and National Provider Code of the RTO delivering the off-the-job training component. The RTO must be registered on the National Register and approved to deliver the relevant qualification.
The nominal term and competency-based completion mechanism must be documented. Australian apprenticeships are competency-based, not time-based. The nominal term is the expected duration; the apprentice can complete earlier on demonstration of all required competencies. The contract should confirm that early completion is possible and will be notified to the State Training Authority.
Award wages and superannuation must comply with the applicable modern award. The contract should identify the applicable award, the year-level wage rates, and the superannuation guarantee rate (currently 11.5% in 2024-25, rising to 12% from 1 July 2025). The employer must also pay the apprentice for time spent attending off-the-job training.
The respective training obligations of the employer and apprentice must be clearly stated. The employer must provide on-the-job training, release the apprentice to attend the RTO, and confirm adequate supervision. The apprentice must attend work and training, diligently pursue their competencies, and comply with workplace policies.
Registration with the State Training Authority is a mandatory procedural requirement. The contract must be submitted for registration within the time limits prescribed by the applicable State Training Act (typically 14 to 28 days from commencement). The AASN provider assists with this process.
WHS obligations under the Work Health and Safety Act 2011 (Cth) and applicable state legislation must be addressed. The employer has a primary duty to confirm the health and safety of the apprentice in the workplace and must not direct the apprentice to perform work for which they are not trained or qualified.
Additional compliance elements for a Apprenticeship / Traineeship Training Contract (Australia) used in Australia include: Under the Fair Work Act 2009 (Cth), the Fair Work Commission (FWC) adjudicates workplace disputes. Section 394 of the Fair Work Act 2009 governs unfair dismissal claims. The Fair Work Ombudsman (FWO) enforces compliance with the National Employment Standards (NES). The Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs) govern personal data handling. The Australian Taxation Office (ATO) administers PAYG withholding and superannuation guarantee obligations under the Superannuation Guarantee (Administration) Act 1992. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
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author = {{Forms Legal}},
title = {Apprenticeship / Traineeship Training Contract (Australia) (Australia)},
year = {2026},
howpublished = {\url{https://forms-legal.com/australia/employment/contracts/apprenticeship-training-contract-australia}},
note = {Free legal document template. Based on Fair Work Act 2009 (Cth)}
}Frequently Asked Questions
An Australian Apprenticeship (formally called an apprenticeship or traineeship) is a formal training arrangement that combines on-the-job training with an employer and structured off-the-job training delivered by a Registered Training Organisation (RTO), leading to a nationally recognised Australian Qualifications Framework (AQF) qualification. Apprenticeships are typically trade-based, cover Certificate III or IV level qualifications, and are most common in the electrical, plumbing, construction, engineering, automotive, and hairdressing industries. They typically run for 3 to 4 years. Traineeships cover a broader range of industries including business administration, retail, hospitality, information technology, and community services, and are typically at Certificate II or III level with a nominal term of 1 to 2 years. The key legal document is the Training Contract, which must be in writing, signed by the employer and the apprentice (and a parent or guardian if under 18), and registered with the relevant State Training Authority.
Yes. Under all state and territory Training Acts, a Training Contract must be registered with the relevant State Training Authority before, or within a short period of, the commencement of the apprenticeship or traineeship. The State Training Authority in each jurisdiction is responsible for registration, regulation, and oversight of apprenticeships and traineeships. The Australian Apprenticeship Support Network (AASN) provider assists employers and apprentices with the registration process. Failure to register a Training Contract may result in penalties under the applicable State Training Act and may affect the employer's eligibility for government incentive payments. The registration requirement exists to require that the apprentice's training obligations and entitlements are protected and that the training meets nationally accredited standards.
Wages for apprentices and trainees must comply with the applicable modern award or enterprise agreement. The Fair Work Commission sets minimum wage rates for apprentices in each relevant modern award, typically expressed as a percentage of the relevant tradesperson or base classification rate, escalating with each year of the apprenticeship. For example, under the Electrical, Electronic and Communications Contracting Award 2020, a first-year apprentice electrician receives approximately 50% of the relevant tradesperson rate, increasing to around 75% in the third year and approximately 88% in the fourth year. The National Minimum Wage Order also sets a minimum floor. Employers must pay apprentices for all time spent attending off-the-job training at the RTO, including reasonable travel time. Failure to pay the correct award wages constitutes a contravention of the Fair Work Act 2009 (Cth) and may result in back-pay orders and civil penalties.
Australian apprenticeships and traineeships are competency-based, meaning the apprentice or trainee can complete their qualification before the nominal term expires if they demonstrate competency in all required units of competency. This is a fundamental feature of the Australian Apprenticeships Framework. For example, a 4-year electrical apprenticeship may be completed in 3.5 years if the apprentice achieves all units ahead of schedule. Early completion must be verified by the RTO through assessment and confirmed in writing. The nominal term is simply the expected duration based on a full-time arrangement; it is not a fixed mandatory duration. Employers must support competency-based progression and must not unreasonably delay or refuse to allow an apprentice access to training or assessment. The completion certificate and qualification are issued by the RTO upon successful demonstration of all competencies.
The Australian Government operates the Australian Apprenticeships Incentives Program (AAIP), which provides financial support to employers and apprentices in priority occupations and industries. Incentives include wage subsidies payable to eligible employers (such as the Priority Wage Subsidy, formerly called the recommencement incentive), completion bonuses, and support for apprentices with disability or facing other barriers. The amount and eligibility criteria for incentives change periodically. State and territory governments may also provide additional incentives, particularly for apprenticeships in priority trade areas. The AASN (Australian Apprenticeship Support Network) provider appointed for each apprenticeship can advise on current incentive programs, eligibility criteria, and how to make claims. Incentive payments are subject to the apprentice and employer meeting their Training Contract obligations, including regular attendance at off-the-job training.
Yes. Under state and territory Training Acts, a Training Contract can be transferred to a new employer if the original employer can no longer fulfil their training obligations, for example due to insolvency, business closure, or a downturn in work. The transfer must be agreed between the apprentice, the outgoing employer (where possible), and the incoming employer, and must be approved by the relevant State Training Authority. The AASN provider can assist with the transfer process. In some states, the State Training Authority operates a formal transfer program, particularly in the building and construction industry, to match displaced apprentices with new employers. The apprentice's continuity of service for wage rate purposes and for any government incentive payments is generally preserved on a genuine transfer. Where an employer cannot be found, the apprentice's Training Contract may be suspended during the search period.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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