s333E-333H: ss 333E to 333H Limits on fixed term contracts and anti-avoidance
A person does not enter a fixed term employment contract (other than a shift-by-shift casual engagement) that runs for more than 2 years, may be extended or renewed beyond 2 years or more than once, or is a consecutive contract for substantially similar work with substantial continuity where the combined period exceeds 2 years or an extension or renewal option is involved, unless an exception applies (a distinct specialised task, a training arrangement, essential peak-demand work, emergency or temporary absence cover, earnings above the high income threshold, government-funded positions for over 2 years with no reasonable prospect of renewal, governance positions with time limits, award terms permitting it, or prescribed kinds). A prohibited term has no effect, so the contract becomes ongoing. The employer does not terminate, delay re-engagement, replace the employee, change the work or otherwise alter the relationship to avoid these rules.
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s333E-333H. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Fixed term contract register with start and end dates, renewals and the exception relied on; Legal review of consecutive contracts for substantially similar work; Evidence supporting any exception (funding agreements, high income calculations)
What usually goes missing
Rolling 12-month contracts renewed beyond 2 years; Contracts with multiple renewal options; Gaps engineered between contracts to break continuity
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.