There are additional exceptions to the fixed term contract limitations for contracts made on or after certain dates.

We use ‘limitations’ when referring to the fixed term contract limitations on this page.

On this page:

• Tips for employers
• What is an additional exception
• Organised sport
• High performance sport
• Higher education
• Charities and not-for-profit, medical or health research, and public hospitals
• Legal help
• Tools and resources
• Related information

What is an additional exception

For some sectors, certain fixed term contracts aren’t required to follow the limitations if they’re entered into on or after certain dates and before 1 November 2025. These rules are known as ‘additional exceptions’.

See the sectors and applicable dates in the table below:

The limitations will apply in full to these categories of fixed term contracts entered into on or after 1 November 2025.

Continue reading for information about these categories of fixed term contracts and the specific rules that apply.

Organised sport

The limitations don’t apply to certain employees engaged by particular employers primarily to work in certain roles in connection with organised sport on fixed term contracts entered into on or after 6 December 2023 and before 1 November 2025.

These roles include:

• an athlete
• a coach for an athlete
• a match official, or
• a performance support professional for an athlete or match official, whose work primarily involves direct support or assessment of an athlete’s participation or the performance of a match official.

For the purpose of this exception, the employer who is engaging the employee on a fixed term contract must be one of the following:

• a national sporting organisation or a national sporting organisation for people with disability recognised by the Australian Sports Commission
• a governing body for an organised sport in a state or territory, including non-metropolitan governing bodies
• a body conducting a state or territory level competition for an organised sport, or
• an organisation that is a member of, or otherwise affiliated with, any of these bodies.

High performance sport

High performance sport is sport that is performed at the elite level by athletes or athletes with disability.

The limitations don’t apply to contracts entered into on or after 6 December 2023 and before 1 November 2025 if all the following apply:

• the employee is engaged under a fixed term contract to perform work that primarily involves direct support of the administration or organisation of a particular international event for a high performance sport
• the employer is either:
  • the international organising body for the international event
  • the Australian organising body for the international event, or
  • the Australian organising body for the particular international event
• the international event isn’t regularly held in Australia
• either:
  • the international organising body or the international event has granted the employer the right to host the particular event, or
  • the employer is seeking to be granted the right to host the event.

Higher education

The limitations don’t apply to fixed term contracts entered into on or after 6 December 2023 and before 1 November 2025 where the employee is covered at that time by either the:

• Higher Education Academic Staff Award, or
• Higher Education General Staff Award.

Charities and not-for-profit, medical or health research, and public hospitals

The limitations don’t apply to certain fixed term contracts entered into on or after 1 November 2024 and before 1 November 2025 where the employee is engaged:

• in the charities and not-for-profit sector
• in the medical or health research sector, or
• at a public hospital.

Charities and not-for-profit sector

The limitations don’t apply to fixed term contracts entered into on or after 1 November 2024 and before 1 November 2025 if all the following apply:

• the employee is engaged under a fixed term contract by a philanthropic entity or by a person on behalf of a philanthropic entity (being a charity registered under the Australian Charities and Not-for-profits Commission Act 2012)
• the funding for the position is provided in whole or in part:
  • by government funding such as a grant or procurement (except for payments made to individuals with an entitlement under law, or payments made for the purposes of the Commonwealth Home Support Programme)
  • by a different philanthropic entity, or
  • as a testamentary gift or contribution to a philanthropic entity for a charitable purpose (within the meaning of the Charities Act 2013) of the philanthropic entity
• the work is to be performed for a specific program or project that the funding relates to
• the program or project is to run for a period of no more than 5 years, taking into account any period for which the program has already run
• the contract is substantially the same period as the length or remainder of the program or project
• if the employee is already, or has previously been, employed by the philanthropic entity, the contract would not result in the employee being employed by that entity on a continuous or substantially continuous basis for more than 7 years in total
• the employee isn’t covered by either the Higher Education Academic Staff Award or Higher Education General Staff Award when the contract is entered into
• any funding of the kind described above for the contract starts on or after 1 November 2024.

Medical or health research sector

The limitations don’t apply to fixed term contracts entered into on or after 1 November 2024 and before 1 November 2025 if all the following apply:

• the employee is engaged under a fixed term contract by (or by a person on behalf of):
  • a philanthropic entity
  • an entity controlled by a philanthropic entity
  • a public Commonwealth, state or territory body, or
  • an entity controlled by such a body
• the funding for the position is provided in whole or in part:
  • by government funding
  • by a different philanthropic entity, or
  • if the employer is a philanthropic entity, for a charitable purpose (within the meaning of the Charities Act 2013) of the entity, including as a testamentary gift or contribution to a philanthropic entity
• the work primarily involves carrying out one of the following types of medical or health research:
  • basic research
  • pre-clinical research
  • clinical research, or
  • translational research
• the work is performed for a specific program or project that the funding relates to
• the program or project is to run for a period of no more than 5 years, taking into account any period for which the program has already run
• the contract is substantially the same period as the length or remainder of the program or project
• if the employee is already, or has previously been, employed by the employer, the contract would not result in the employee being employed by that employer on a continuous or substantially continuous basis for more than 7 years in total
• the employee isn’t covered by either the Higher Education Academic Staff Award or Higher Education General Staff Award when the contract is entered into
• any funding of the kind described above for the contract starts on or after 1 November 2024.

Public hospitals

The limitations don’t apply to fixed term contracts entered into on or after 1 November 2024 and before 1 November 2025 if all the following apply:

• the employee is engaged under a fixed term contract by a public hospital (as defined by the National Health Act 1953)
• the funding for the position is provided in majority:
  • by a philanthropic entity, or
  • for a charitable purpose within the meaning of the Charities Act 2013, including as a testamentary gift or contribution for a charitable purpose
• the work is performed for a specific program or project that the funding relates to, in connection with the hospital
• the program or project is to run for a period of no more than 5 years, taking into account any period for which the program has already run
• the contract is substantially the same period as the length or remainder of the program or project
• if the employee is already, or has previously been, employed by the hospital, the contract would not result in the employee being employed by that employer on a continuous or substantially continuous basis for more than 7 years in total
• any funding of the kind described above for the contract starts on or after 1 November 2024.

Legal help

We can’t provide legal advice about individual arrangements under employment or other contracts, or make determinations about the law or how it applies in your circumstances.

For tailored advice about your specific situation, consider seeking legal help.

Source reference: Fair Work Regulations r.2.14-2.15

Tools and resources

• Fixed Term Contract Information Statement
• Expired and replaced additional fixed term contract exceptions

Related information

• Fixed term contract employees