This article is about additional exceptions to fixed term contract limitations that applied for certain sectors and funding arrangements, and outlines when those exceptions were repealed or replaced. 

Current exceptions to fixed term contract limitations

For information about fixed term contract rules and the exceptions to fixed term contract limitations that continue to apply, see Fixed term contract employees. For example, an exception to the fixed term contract limitations is that an applicable award term can allow any circumstances limited by the fixed term contract rules. 

Employees and employers should check their award for any additional terms relating to fixed term employment. 

Repealed and replaced exceptions

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 removed. 

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:

• higher education sector employees
• public hospital employees 
• live performance industry employees 
• employees of non-government funded - philanthropic entitles who are not covered by the exemption for charity and not-for-profit sector employees (this exemption continues until 1 November 2026). 

Higher education sector 

There are no longer exceptions for fixed term contracts in the higher education sector (repealed from 1 November 2025). 

Limitations apply in full for fixed term contracts entered into on or after this date unless an exception under s333F of the Fair Work Act applies. 

Contracts entered prior to 1 November 2025 

Limitations didn't apply to fixed term contracts entered into on or after 6 December 2023 and before 1 November 2025 where the employee is covered at that time by either the:

• Higher Education Academic Staff Award, or 
• Higher Education General Staff Award. 

Public hospitals 

There are no longer exceptions for fixed term contracts for public hospital employees (repealed from 1 November 2025). 

Limitations apply in full for fixed term contracts entered into on or after this date unless an exception under s333F of the Fair Work Act applies. 

Contracts entered prior to 1 November 2025 

Limitations didn’t apply to fixed term contracts entered into on or after 1 November 2024 and before 1 November 2025 if all the following applied:

• the employee was engaged under a fixed term contract by a public hospital (as defined by the National Health Act 1953)
• the funding for the position was provided in majority:
  • by a philanthropic entity, or
  • for a charitable purpose within the meaning of the Charities Act 2013, including as a testamentary gift or contribution for a charitable purpose
• the work was performed for a specific program or project that the funding relates to, in connection with the hospital
• the program or project was to run for a period of no more than 5 years, taking into account any period for which the program had already run
• the contract was substantially the same period as the length or remainder of the program or project
• if the employee was already, or has previously been, employed by the hospital, the contract would not result in the employee being employed by that employer on a continuous or substantially continuous basis for more than 7 years in total.

Any funding of the kind described above for the contract starts on or after 1 November 2024 and before 1 November 2025.

Live performance

The additional exception for fixed term contracts in the Live Performance Award was repealed from 1 November 2024.

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. 

Philanthropic funded positions and the charity and not‑for‑profit sector

From 1 November 2024, the additional exception for contracts funded by non‑government funded philanthropic entities was replaced by a new charities and not-for-profit exception which continues until 1 November 2026.

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 philanthropic funded 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.

As outlined above, from 1 November 2025, this exemption was replaced by the exemption for charity and not-for-profit sector employees, see Additional fixed term contract exceptions for more information.