Under the Fair Work Act, limitations that apply to fixed term contract arrangements made on or after 6 December 2023 didn’t apply to certain arrangements for a period due to additional exceptions.

Fixed term contracts from 6 December 2023

Fixed term contracts (except certain types) made from 6 December 2023 have rules that limit how long they go for and how they can be renewed. 

There are additional exceptions to these rules for some types of fixed term contract arrangements. 

When an exception is in place, the limitation rules don’t apply in accordance with the exception.

The exceptions have ended for fixed term contract arrangements related to:

• live performance
• funding reliant positions.

For more information about fixed term contract arrangements see Fixed term contract employees. 

Live performance

The Fair Work Act additional exception for live performance expired from 1 November 2024.

From 1 November 2024, the rules for using fixed term contract arrangements in the live performance industry are set by the Live Performance Award.

Contracts entered before 1 November 2024

The additional exception applied to fixed term contracts that were entered into on or after 6 December 2023 and before 1 November 2024 if:

• the employee was covered by the Live Performance Award at the time the contract was entered into, and
• the contract was for 12 months or less.

Funding reliant positions

From 1 November 2024, the additional exception for funding reliant positions was replaced with a new charities and not-for-profit exception, which will expire from 1 November 2025.

For more information on the charities and not-for-profit exception, see Additional fixed term contract exceptions.

Contracts entered before 1 November 2024

The additional exception for funding reliant positions applied to fixed term contracts entered into on or after 6 December 2023 and before 1 November 2024 if the contract met all the following:

• the position was funded (either whole or in part) either:
  • by a philanthropic entity registered under the Australian Charities and Not-for-profits Commission Act 2012, or
  • as a testamentary gift or contribution to a philanthropic entity for a charitable purpose (within the meaning of the Charities Act 2013) of the philanthropic entity 
• the employer or person who entered into the contract with the employee was not an associated entity of the philanthropic entity, and
• the funding was for more than 2 years, and it was unlikely the funding would be renewed.

See Additional fixed term contract exceptions for more information.