Commonwealth Consolidated Regulations

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FAIR WORK REGULATIONS 2009 - REG 2.15

Contracts to which limitations on fixed term contracts do not apply

Organised sport

  (1)   For the purposes of paragraph   333F(1)(i) of the Act, a contract entered into by a person and an employee is prescribed if:

  (a)   the employee is engaged under the contract to primarily perform work as:

  (i)   an athlete participating in an organised sport; or

  (ii)   a coach for an athlete participating in an organised sport; or

  (iii)   another kind of performance support professional for an athlete participating in an organised sport; or

  (iv)   a match official for an organised sport; or

  (v)   a performance support professional for a match official for an organised sport; and

  (b)   the person is:

  (i)   a National Sporting Organisation or a National Sporting Organisation for People with Disability recognised by the Australian Sports Commission; or

  (ii)   the governing body for an organised sport in a State or a Territory; or

  (iii)   if the governing bodies for an organised sport in a State or a Territory are split between metropolitan and non - metropolitan areas--the governing body for the non-metropolitan areas; or

  (iv)   a body conducting a State or Territory level competition for an organised sport; or

  (v)   a member of, or a person otherwise affiliated with, an Organisation or body referred to in subparagraph   (i), (ii), (iii) or (iv); and

  (c)   the contract is entered into:

  (i)   on or after 6   December 2023; and

  (ii)   before 1   November 2025.

  (2)   A performance support professional is a person whose work primarily involves direct support or assessment of:

  (a)   an athlete's participation in an organised sport; or

  (b)   the performance of a match official for an organised sport.

High performance sport--international event organising bodies

  (3)   For the purposes of paragraph   333F(1)(i) of the Act, a contract entered into by a person and an employee is prescribed if:

  (a)   the employee is engaged under the contract to perform work that primarily involves direct support of the administration or organisation of a particular international event for a high performance sport; and

  (b)   the international event is not regularly held in Australia; and

  (c)   either:

  (i)   the international organising body or the international event has granted the person the right to host the particular international event; or

  (ii)   the person is seeking to be granted the right to host the particular international event by the international organising body for the international event; and

  (d)   the person is:

  (i)   the international organising body for the international event; or

  (ii)   the Australian organising body for the international event; or

  (iii)   the Australian organising body for the particular international event; and

  (e)   the contract is entered into:

  (i)   on or after 6   December 2023; and

  (ii)   before 1   November 2025.

  (4)   A high performance sport is:

  (a)   the part of a sport that is performed at the elite level by athletes; or

  (b)   the part of a sport that is performed at the elite level by athletes with disability.

Live performance industry employees

  (5)   For the purposes of paragraph   333F(1)(i) of the Act, a contract entered into by a person and an employee is prescribed if:

  (a)   at the time the contract is entered into, the employee is covered by the Live Performance Award 2020 ; and

  (b)   the contract is entered into:

  (i)   on or after 6   December 2023; and

  (ii)   before 1   November 2025; and

  (c)   the identifiable period (see paragraph   333E(1)(b) of the Act) at the end of which the contract will terminate is not greater than 12 months.

Higher education employees

  (6)   For the purposes of paragraph   333F(1)(i) of the Act, a contract entered into by a person and an employee is prescribed if:

  (a)   at the time the contract is entered into, the employee is covered by the Higher Education Industry--Academic Staff--Award 2020 or the Higher Education Industry--General Staff--Award 2020 ; and

  (b)   the contract is entered into:

  (i)   on or after 6   December 2023; and

  (ii)   before 1   January 2025.

Non - government funded--philanthropic entities

  (7)   For the purposes of subparagraph   333F(1)(f)(i) of the Act, funding is prescribed if:

  (a)   the funding is either:

  (i)   provided by an entity (a philanthropic entity ) registered under the Australian Charities and Not - for - profits Commission Act 2012 as the type of entity mentioned in column 1 of item   1 of the table in subsection   25 - 5(5) of that Act; or

  (ii)   provided as a testamentary gift or testamentary contribution to a philanthropic entity for a charitable purpose (within the meaning of the Charities Act 2013 ) of the philanthropic entity; and

  (b)   the person who entered into the contract with the employee is not an associated entity of the philanthropic entity; and

  (c)   the contract is entered into:

  (i)   on or after 6   December 2023; and

  (ii)   before 1   November 2025.


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