The Australian Government has amended the Fair Work Act to place conditions on the use of fixed term contracts when engaging employees.
The rules come into effect on 6 December 2023. They require employers to give new employees engaged on a fixed term contract a Fixed Term Contract Information Statement (FTCIS) and will limit how fixed term contracts can be used.
However, several exceptions may apply if you run a charity. They include:
-
If the position is at least partly funded by an ACNC registered charity, or if the funding has been provided a testamentary gift; and if the fixed term contract is entered into on or after the 6 December 2023 and before 1 July 2024
-
If the position is funded in whole or in part by government funding, the funding is payable for a period of more than two years and there are no reasonable prospects that the funding will be renewed after the end of that period.
-
If the position relates to a governance position where a time limit is imposed on the position by the governing rules of the corporation or association.
The Fair Work Commission have developed guidance to assist employers understand the new rules.