Fair Work Act 2009

This Division does not apply to any of the following employees:

an employee employed for a specified period of time, for a specified task, or for the duration of a specified season;

an employee whose employment is terminated because of serious misconduct;

a casual employee;

an employee (other than an apprentice) to whom a training arrangement applies and whose employment is for a specified period of time or is, for any reason, limited to the duration of the training arrangement;

an employee prescribed by the regulations as an employee to whom this Division does not apply.

Paragraph (1)(a) does not prevent this Division from applying to an employee if a substantial reason for employing the employee as described in that paragraph was to avoid the application of this Division.

Subdivision A does not apply to:

a daily hire employee working in the building and construction industry (including working in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures); or

a daily hire employee working in the meat industry in connection with the slaughter of livestock; or

a weekly hire employee working in connection with the meat industry and whose termination of employment is determined solely by seasonal factors; or

an employee prescribed by the regulations as an employee to whom that Subdivision does not apply.

Subdivision B does not apply to:

an employee who is an apprentice; or

an employee to whom an industry‑specific redundancy scheme in a modern award applies; or

an employee to whom a redundancy scheme in an enterprise agreement applies if:

the scheme is an industry‑specific redundancy scheme that is incorporated by reference (and as in force from time to time) into the enterprise agreement from a modern award that is in operation; and

the employee is covered by the industry‑specific redundancy scheme in the modern award; or

an employee prescribed by the regulations as an employee to whom that Subdivision does not apply.