On Nov. 1, 2025, AST FWC issued a press release to inform that new version of the Fixed term contract information statement (FTCIS) has been published.
It was revised due to recent changes to additional fixed term contract exceptions.
Press release reminds that since Dec. 6, 2023, there have been limitations on how fixed term contracts can be used; these include time limitations, renewal limitations and consecutive contract limitations.
There are exceptions to when these limitations apply; some of the exceptions (known as the additional exceptions) relate to specific sectors.
Previously, all of the additional exceptions were temporary.
Temporary exceptions have been extended to Nov. 1, 2026 in certain sectors.
On Nov. 6, AST Fair Work reminded on rules for fixed term contracts.
From Dec. 6, new rules apply when engaging employees on fixed term contracts.
A fixed term contract terminates at end of a specific period; includes contracts where employee is employed for specific period; new rules include requirement for employers to give any employees they are engaging on a new fixed term contract an FTCIS.
An FTCIS means a fixed term contract information statement; new rules include limits on how fixed term contracts can be used; but some exceptions re applying these rules.
AST Fair Work said the FTCIS will be available to download from its website on Dec. 6.
FTCIS must be provided to employees before they start employment, or as soon as possible after; on top of FTCIS, reminded employers need to provide new fixed term contract employees with the fair work information statement (hereafter, FWIS)
FWIS is a separate document which provides information re minimum workplace rights and entitlements; AST Fair work provided an example re FTCIS as well as the FWIS.
Limitations
Fixed term contract cannot be for longer than 2 years, including extensions, renewals.
A fixed term contract cannot have an option to extend or renew the contract so that employment period (including the extension or renewal period) is longer than 2 years.
In addition, it cannot have an option to extend or renew the contract more than once.
An employer cannot employ someone on a new fixed term contract if the contract is for mainly the same work as a previous fixed term contract; there is not a substantial break in the employment relationship between the previous and new contracts.
Also if total period of employment for the previous contract and the new fixed term contract is more than two years; if new fixed term contract can be renewed/extended, or previous fixed term contract was extended, or there was an initial fixed term contract in place (before the previous contract) that was for mainly the same work.
If there was continued employment relationship between initial and previous contract.
AST Fair Work included some examples with respect to limitations mentioned above.
Exceptions
It said the new limitations on fixed term contracts do not apply in some situations.
If one of these situations apply, an employer can offer a fixed term contract and the rules outlined above will not apply; these exceptions are set out within a table.
Exception categories/situations in table are specialized skills; training arrangements.
Essential work; emergency circumstances or temporary absences; high-income employees; government funded contracts; governance positions; award provisions.
Other Aspects, Disputes
If a contract does not meet these new rules, contract’s end date will no longer apply.
Other terms and conditions in the contract will still apply, i.e. entitlements from any relevant legislation/award/agreement; AST Fair work guided re workplace disputes.
If an employee and employer disagree on if any limitations/exceptions to the new rules apply, they should first try to resolve disagreement by discussing the issue together.
AST Fair Work reminded of complaint avenues i.e. taking the dispute to AST FWC; AST Fair Work's powers to start AST Court proceedings; AST Court (Small Claims Court).
Effectiveness
FTCIS will be available to download on Dec. 6, 2023.
Nov. 13, 2023 AST FWC Reminder
On Nov. 13, 2023, AST FWC issued reminder that from Dec. 6, 2023, new limits on the use of fixed term contracts will be in place, and outlined the measures detailed above.
Dec. 5, 2023 AST ACNC
On Dec. 5, 2023, AST ACNC issued reminder re the new limits on the use of fixed term contracts to be effective from Dec. 6, 2023 and highlighted exceptions for a charity.
Exceptions include, if the position is at least partly funded by an ACNC registered charity, or if the funding has been provided a testamentary gift and if the fixed term contract is entered into after Dec. 6 2023 and before Jul. 1, 2024.
If the position is funded in whole or in part by government funding where the funding is payable for more than 2 years and there are no reasonable prospects for renewal.
If the position relates to a governance position where a time limit is imposed by rules.
Dec. 6, 2023 Dispute Handling
On Dec. 6, 2023, AST FWC issued reminder of new limits on fixed term contracts use.
If a dispute cannot be resolved in the workplace, it may be handled by AST FWC via mediation, conciliation or consent arbitration, provided links to application forms.
Feb. 2024 AST Fair Work on Compliance
On Feb. 5, 2024, AST Fair Work guided on complying with workplace rules in 2024.
Published link to revised Fair work information statement (of Jan. 2024) which includes super as a National Employment Standard (NES) entitlement, see #167838.
AST Fair Work's page on the Fair work information statement also includes a link to the revisedFixed term contract information statement (of Dec. 2023) discussed above.
Extend 2009 regs to include contracts entered into on/after Dec. 6, 2023, and before Nov. 1, 2025, re organized sports and high performance international event sporting bodies, funding by non-government philanthropic entities, live performance industry.
Also extend the 2009 regulations to include contracts entered into on or after Dec. 6, 2023 and before Jan. 1, 2025, regarding higher education.
Whole of instrument in force on Jun. 22, 2024, which is the day after it is registered.
Nov. 2025 AST FWC on Fixed Term Contracts
On Nov. 1, 2025, AST FWC issued a press release to inform that new version of the Fixed term contract information statement (FTCIS) has been published.
It was revised due to recent changes to additional fixed term contract exceptions.
Press release reminds that since Dec. 6, 2023, there have been limitations on how fixed term contracts can be used; these include time limitations, renewal limitations and consecutive contract limitations.
There are exceptions to when these limitations apply; some of the exceptions (known as the additional exceptions) relate to specific sectors.
Previously, all of the additional exceptions were temporary.
Temporary exceptions have been extended to Nov. 1, 2026 in certain sectors.
Regulators
AST ACNC; AST Fair Work; AST FWC
Entity Types
CNSM; Corp; Pension
Reference
PR, Info 11/1/2025; RF F2024L00738, 6/21/2024; PR 2/5/2024; Info 1/1/2024; Info, PR 12/6/2023; PR 12/5/2023; PR 11/13/2023; Gd 11/6/2023; ESG; Citation: Fair work legislation amendment (secure jobs better pay) act 2022; Fair work amendment (fixed term contracts) regulations 2024;
Functions
Complaints; Compliance; C-Suite; HR; Legal; Training
