Posts: Fixed Term Contract

In December 2023, the Fair Work Act 2009 (Cth) was amended to introduce limitations on fixed term contracts, making it unlawful for employers to engage employees on term contracts in the same role beyond two years (including any extensions or renewals) or two consecutive contracts.

Amendments to the Fair Work Act 2009 (Cth) limiting the use of fixed term and maximum term contracts prohibit employers from providing employees with successive term contracts, unless an exception applies.

The Federal Government introduced several employment law changes last year, with varying commencement dates. Employers should be particularly mindful of the changes which commenced from December 2023 and the impacts they will have on the workplace as we settle into the new year.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) limitations on fixed-term contracts have commenced as of today, 6 December 2023.

In August, Workplace Law hosted a webinar on Fixed Term Contracts and the upcoming changes when engaging fixed term employees. We want to remind employers that, if you haven’t already, it is critical that you act now in relation to your fixed term employee arrangements.

One of the biggest changes to how businesses employ staff relates to the engagement of fixed term employees.

Access to the unfair dismissal jurisdiction under the Fair Work Act 2009 (Cth) is on the basis that the employee is “dismissed” from the employment. A jurisdictional objectional can be raised if the employee has not been actually dismissed by the employer.