The National Tertiary Education Union (NTEU) will delay the full implementation of new fixed-term contract limits until 30th June 2024, following concerns it would not cover higher education workers.
The law will operate from December 6th this year, affecting most industries outside essential services and government contracting.
According to the NTEU, an “unintended consequence” of the draft legislation means “it will probably not limit the use of fixed-term employment in higher education.”
The Fair Work Legislation Amendment Act, introduced by the Labor government in 2022, includes a requirement for employers to provide a “Fixed Term Contract Information Statement”, and limits fixed-term contracts to two years.
Fixed-term contracts refer to terms of employment that conclude after a specific period.
This delay is expected to allow the NTEU to “campaign for legislative change” to protect university employees to the same degree as fixed-term workers in other industries.
The NTEU is calling upon “the active support of university workers, especially those employed on fixed term contracts” to ensure a better deal for the higher education sector.
According to the NTEU, the delay will not affect existing employment conditions as outlined in the University of Sydney’s enterprise agreement.
The Union will hold an online meeting on December 12th at 2pm AEST to discuss the issue further.
The legislation also affects how fixed-term contracts can be renewed, including limits on consecutive contracting and the number of renewals.
According to the Fair Work Ombudsman, this also prevents employers from entering a contract with an employee for “mainly the same work as a previous fixed term contract” or where “there isn’t a substantial break in the employment relationship.”
However, the Ombudsman outlined several exceptions to the new legislation, including jobs requiring “specialised skills.”
Additionally, existing contracts will not be affected under the new law.
