Public Sector Management Act 1994

The head of service may employ the person for a fixed term of—

less than 12 months; or

if the head of service consults the principal union about the need for the temporary employment—less than 5 years.

The Fair Work Act 2009 (Cwlth), s 333E sets out additional limitations on certain fixed term employment that apply except in the circumstances mentioned in that Act, s 333F.

The head of service may re-employ the person without a break between the periods of employment if the cumulative period of engagement is less than—

for an employee employed in accordance with subsection (1) (a)—12 months; or

for an employee employed in accordance with subsection (1) (b)—5 years.

A fixed term employee’s employment ends—

on the day after the earliest of—

the end of the term for which the employee is employed; or

a reasonable notice period given to the employee, in writing, by the head of service; or

a 2-week notice period given to the head of service, in writing, by the employee; or

a notice period agreed, in writing, between the employee and the head of service; or

for an employee who begins a period of maternity leave before the end of the term for which the employee is employed—on the day after the latest of—

the end of the term for which the employee is employed; or

the day the paid period of the employee’s maternity leave ends.

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