The Full Bench held that doctors-in-training engaged on fixed term contracts exceeding 13 weeks are not 'temporary employees' under the Health Industry Status of Employment (State) Award 2023 because the definition in cl 1.4 fixes employment status at the point of engagement by reference to the contracted duration, and none were engaged for a period not exceeding 13 weeks. The proviso in cl 1.4 that fixed term contracts 'must not be offered in preference to ongoing contracts' was held to express a non-binding aspiration rather than an enforceable obligation, notwithstanding the directive language, because it appears within a definitions clause, provides no parameters for how the 'preference' is to be weighed, and stops short of prohibiting fixed term contracts exceeding 13 weeks. The Court noted the incongruity of employees on fixed term contracts being classified as 'permanent' and called for a review of the Status Award to address this and the treatment of doctors-in-training.
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