Protections, disputes & non‑compliance
Anti‑avoidance protections
An employer must not, to avoid the rules: terminate or delay re‑engagement; hire someone else to do substantially similar work; change the work’s nature; or otherwise alter the employment relationship.
Disputes
Disputes may be taken to the Fair Work Commission to deal with as appropriate.
Effect of non‑compliance
If a fixed term contract doesn’t meet the rules and no exception applies, the end date has no effect — your employment is treated as permanent. Discuss with your employer before the nominal end date. Seek advice if they disagree.
Pre‑6 Dec 2023 contracts
Contracts that began before 6 Dec 2023 aren’t directly covered, but still count when assessing whether a new contract offered on/after that date would breach the rules.