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The following contract types are not subject to the 2-year maximum or 1 renewal limit. To be exempt, the contract must be issued in line with the terms of the Enterprise Agreement:

• Clause 2.3.1 – Specific Task or Project (projects or externally funded positions)
• Clause 2.3.3 – Research-Only
• Clause 2.3.4 – Replacement Staff Member
• Clause 2.3.5 – Recent Professional Practice
• Clause 2.3.2 – Senior Staff Contracts (above high income threshold)
• Clause 2.3.6 – Apprenticeship or Traineeship
• Clause 2.3.7 – Pre-retirement contract
• Clause 2.3.8 – Subsidiary to studentship

Please view the summary table for further information on when these contract types can be used.

The following contract types are not exempt from legislative limitations and must comply with 2-year maximum or 1 renewal limit for the same/similar work:

• Clause 2.3.1 – Specific Task or Project (supporting others on fixed-term contracts)
• Clause 2.3.12 – Teaching Fellowship
• Clause 2.3.9 – Convertible Academic Employment
• Clause 2.3.2 – Senior Staff Contracts (below the high income threshold)
• Clause 2.3.13 – Other Circumstances
• Clause 2.3.10 – Organisational Change
• Clause 2.3.11 – Disestablished Area

Please view the summary table for further information on when these contract types can be used.

Staff member earning above the high-income threshold of $183,100 (pro rata) in the first year of their contract are not subject to the 2-year maximum or 1 renewal limit. High-income calculator here.

Note: The high-income threshold is adjusted on the 1 July each year. For further details on how it is calculated, please visit the Fair Work Commission website . For historical rates please visit the Fair Work Ombudsman website .

If a contract is not exempt, any previous fixed-term employment a staff member has had in the same or a similar role will count toward the legislative limitations. This includes fixed-term employment before the new laws take effect on 1 November 2025, even if their earlier contracts were exempt.

The following service can be disregarded when determining whether the 2-year maximum term has been reached:

1. Previous continuing employment
2. Casual service
3. Fixed term contracts for different work

Need Help?

If you're unsure whether a fixed-term is for the same or similar role, contact the HR Advisory team for guidance.

Where a contract breaches these new restrictions, the Fair Work Act 2009 specifies that the person will automatically convert to continuing and the staff member will be entitled to claim unfair dismissal if their contract is terminated. They will also be entitled to a redundancy under the University’s Enterprise Agreement if the work they are performing ceases to be required.

Additionally, issuing a contract inconsistent with these new restrictions will constitute a breach of the Fair Work Act, which may result in the University being required to pay a civil penalty of up to $198,000

No, deliberate attempts to get around the legislative limitations, such as hiring a replacement, switching to casual employment, changing job titles, or creating an artificial break in service are not allowed and may lead to legal penalties.

If challenged, the University would need to demonstrate that it was not attempting to avoid the legislative limitations by changing the employment relationship.

If a situation arises in which a staff member is on a fixed-term contract which cannot be renewed without breaching the new laws, this does not necessarily mean the position has to be offered to the incumbent on a continuing basis. Where a merit-based process is required by the University’s Recruitment Procedure, it may be conducted, as long as it is for a continuing role only (not a fixed-term role). If we were challenged, the University would need to be able to demonstrate that it was not attempting to avoid the legislative limitations by conducting the merit-based process.

The anti-avoidance provisions restrict the University from offering work to another staff member with the purpose of avoiding the limitations. If a position is vacant, or if the incumbent confirms they are not interested in further employment in the position, the University is able to offer a contract on a fixed-term basis to another person. That is, the limitations apply to the contractual arrangement with a particular staff member rather than a position.

English Language Teachers are covered by a different Modern Award which means the exemptions are slightly different. Please seek support from the HR Advisory team regarding how the legislative limitations apply to English Language Teachers.

Need Help?

Please contact the HR Advisory team for guidance on the exemptions that apply for English Language Teachers.

Staff employed on one of the following contract types have a right to convert to continuing employment at the end of their fixed-term contract if they meet the criteria in the Enterprise Agreement: 

• Convertible Academic Employment 
• Organisational Change

Staff who are employed in an externally funded position may be eligible to apply for a Continuing Contingent Funded Appointment if they meet the criteria at clause 2.1.4 of the Enterprise Agreement. 

• Application Form: Continuing Contingent Funded Appointment (PDF/Word)

For further detail please read the Information Sheet here.

The Enterprise Agreement provides that the University will appoint 35 or more academic staff into this category of continuing positions to undertake teaching that would otherwise have been performed by casual academic staff.

For further details please read the Information Sheet here.

Need Help?

Please contact the HR Advisory team for further assistance on fixed-term employment.