Before offering a fixed-term contract, an employer should check the current limitations, relevant exceptions and information-statement requirements against the actual employment history and proposed terms. An end date in a draft contract is not proof that the arrangement is permitted.
This guide is a preparation checklist, not a decision that a particular contract is lawful. Obtain appropriate advice where the rules or their application are uncertain.
Review the proposed arrangement and history
Record the work, proposed period, renewal options and any earlier contracts with the employee. Include the actual duties and continuity of the relationship, rather than relying only on changed job titles. Our guide to temporary work in Brisbane offers broader context for time-limited roles; the legal checks for a particular fixed-term contract still depend on the actual arrangement and current rules.
The Fair Work Ombudsman’s fixed-term employee guidance describes time, renewal and consecutive-contract limitations, with exceptions. Where no exception applies, the time limit generally includes extensions and renewals within two years, and renewal options have separate limits.
Read the complete applicable tests. A contract lasting less than two years does not automatically pass every limitation, and breaking continuity or changing duties to avoid the rules can raise further issues.
Check current exceptions, not an old summary
Identify the precise exception being considered and the facts supporting it. “Project work” or “event work” should not be treated as a blanket exemption without checking the relevant provisions.
As checked on 5 November 2026, the Fair Work Ombudsman’s additional-exceptions page reports changes applying from 1 November 2026, including ongoing additional exceptions for charities and not-for-profit and medical or health research, with changed funding requirements.
That does not mean every organisation or role in those sectors qualifies. Check the detailed current conditions for the contract date and arrangement. Older guidance describing those exceptions as ending in October 2026 should not be used as the sole basis for a new decision.
Prepare a practical contract-check record
Before approval, record:
- Proposed contract: work, dates and renewal provisions.
- History: earlier terms, duties and continuity information.
- Limitations: each applicable test and the information reviewed.
- Exception: specific basis, supporting facts and current source, if relevant.
- Advice: unresolved questions and who will determine them.
- Information statements: current versions, delivery method and timing.
- Approval: authorised decision and any conditions to satisfy first.
Keep legal advice and personal records in the appropriate restricted process. Do not turn an unverified checklist entry into an assurance to the employee.
Provide the required information statements
The Fixed Term Contract Information Statement guidance explains the employer’s requirement to provide the FTCIS and to use the version current when entering the contract. Check other required statements separately, including the Fair Work Information Statement for a new employee.
Providing a statement does not cure a contract that breaches a limitation. Contract review and information delivery are separate checks.
Resolve uncertainty before making the offer
In an original fictional example, an employer proposes another short contract for substantially similar work. The reviewer gathers the earlier contracts and seeks advice on consecutive-contract rules before an offer is issued.
Record the decision and approved terms. If circumstances change, review the arrangement again rather than treating an earlier exception assessment as permanent permission for every later contract.
