Nov 13, 2023
The rules, or limitations, that are coming into effect focus on how long a fixed term contract can be, renewing a fixed term contract and how many times it can be renewed, and employing a person on consecutive contracts.
There are also rules surrounding consecutive contract limitations that reinforce the new rules. An employer cannot employ someone on a fixed term contract if the new contract is for the same work as a previous one. A substantial break in the employment relationship must exist before signing a new fixed term contract.
The new time limitation rules also apply to consecutive contracts; the employer cannot employ someone if the total period of employment for the previous and new fixed term contracts is more than two years or if the new fixed term contract can be extended or renewed.
The changes also include the legal requirement for employers to provide team members with a Fixed Term Contract Information Statement (FTCIS) if they are engaged on a fixed term contract.
The new limitations make keeping team members on ongoing fixed term contracts harder. Fixed term contracts are not a replacement for part-time or full-time employment contracts.
As with most employment updates, there are exceptions to all of these rules. Exceptions include specialised skills, training arrangements, essential work, emergency circumstances or temporary absences, high income team members, government funded contracts, governance positions and if there are any award provisions for fixed term contracts.
You can visit the Fair Work Ombudsman for more information. They also have a breakdown of the changes with examples.
If you need help creating new employment contracts, please contact our HR experts on 1800 868 254 or email us at info@totalhrm.com.au.
Guides to help you uncover human resource insights, and make the right changes to improve team delight.
Amelie is our Marketing Lead and currently studying for a B.A. in Business and Visual Arts. She brings her visual arts skills and eye for colour and detail to our graphics and design for the business.
Amelie uses her skills as a digital native in our Marketing team and works across our social media channels. Amelie provides administrative support and assists the recruitment team in finding great candidates.
Sarah joins the team at Total HRM following her time in a regional real estate company, most recently in HR. She brings a solid understanding of the unique dynamics and challenges within small and medium-sized businesses.
Prior to real estate, Sarah worked in the airline industry, providing her with excellent skills in customer service and how to remain calm in a crisis.
Known for her positive energy, Sarah approaches her role with enthusiasm and a genuine desire to support and uplift those she works with. With her experience in HR and recruitment, Sarah is committed to fostering a culture of inclusivity, professional growth, and employee well-being. Her ability to connect with people and create a positive work atmosphere contributes to the overall success of teams and the business as a whole.
Ashly is one of our most experienced HR Business Partners with over 20 years of experience in manufacturing and hospitality, both local and overseas, ranging from large multinational companies to small family-owned operations. Throughout his career, Ashly regularly led teams with over 30 employees while continually growing the business and aligning business strategies with employee capabilities.
Ashly has qualifications in Applied Management and Human Resources and a strong leadership and people management background. Ashly combines his experience with his qualifications to develop great workplace cultures while delivering practical support.
As our Business Services Manager, David keeps everything that is Total HRM ticking along – from overseeing administration and finance functions, liaising with clients and suppliers, to IT troubleshooting and keeping everyone on track to deliver effective customer service to all our clients.
In a business landscape of ‘information overload’, Kim’s pragmatic approach simplifies the ever-changing HR trends and legislation to obtain meaningful and maximum benefits for her clients.
Kim is well known for her ability to understand the ‘real’ issues within businesses and to provide solutions for sustained business growth.
Kim has over 20 years of experience in human resources and 15 years of business consulting experience, and she holds post-graduate Business and Human Resource qualifications.
She has vast and varied experience in senior consulting roles across varying disciplines and HR management positions within retail, manufacturing and professional service sectors.
Linda is the Managing Director of Total HRM and has worked for over twenty five years in business and consulting, including executive and senior management roles. She has worked here and overseas in numerous industries, including mining, energy and government. Her experience in areas such as production, strategic planning, finance, OHS/WHS, and lecturing in Human Resources Management at La Trobe University provides her with a unique blend of business and HR capability.
Linda has led comprehensive organisational restructures and implemented programs to improve the effectiveness of businesses with clear alignment between individuals’ contributions and organisational outcomes. She works with various local boards and executive teams in the region. She is a Certified Professional Member of the Australian Human Resources Institute.