From 6 December 2023, employers can no longer employ an employee on a fixed-term contract that:

  • is for 2 or more years(including extensions)
  • may be extended more than once,or
  • is a new contract:
    • that is for the same or a substantially similar role as previous contracts
    • with substantial continuity of the employment relationship between the end of the previous contract and the new contract, and either:
      • the total period of the contracts is 2 or more years,
      • the new contract can be renewed or extended, or
      • a previous contract was extended.

The changes were introduced as part of the Pay secrecy, job ads and flexible work amendments. See the Fair Work Ombudsman’s website for more details.