Industrial Relations Act 2016

This subdivision does not apply to any of the following—

a casual employee;

an employee engaged by the hour or day;

an employee engaged for a specific period or task;

an employee during the first 3 months of employment with an employer (the probationary period) unless the employee and employer agree in writing that the employee serve—

a period of probation that is shorter than the probationary period; or

no period of probation;

an employee serving a period of probation that is longer than the probationary period if the period decided by written agreement between the employee and employer before the employment started, is a reasonable period having regard to the nature and circumstances of the employment;

an employee—

to whom an applicable industrial instrument does not apply; and

who is not a public service officer employed on tenure under the Public Sector Act 2022; and

whose annual wages immediately before the dismissal are equal to or more than the high income threshold under the Commonwealth Fair Work Act, section 333;

an employee participating in a labour market program.