Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 120

120 Application of subdivision

This subdivision does not apply to any of the following—

(a) a casual employee;

(b) an employee engaged by the hour or day;

(c) an employee engaged for a specific period or task;

(d) an employee during the first 3 months of employment with an employer (the
"probationary period" ) unless the employee and employer agree in writing that the employee serve—

(i) a period of probation that is shorter than the probationary period; or

(ii) no period of probation;

(e) an employee serving a period of probation that is longer than the probationary period if the period decided by written agreement between the employee and employer before the employment started, is a reasonable period having regard to the nature and circumstances of the employment;

(f) an employee—

(i) to whom an applicable industrial instrument does not apply; and

(ii) who is not a public service officer employed on tenure under the Public Sector Act 2022 ; and

(iii) whose annual wages immediately before the dismissal are equal to or more than the high income threshold under the Commonwealth Fair Work Act , section 333 ;

(g) an employee participating in a labour market program.