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Our services
Process
Our process begins with a forensic review of your contract, identifying clauses related to the term, automatic renewal, and termination. We assess your situation against the Fair Work Act 2009 and relevant modern awards, evaluating grounds for a claim, such as whether the contract's end constitutes a genuine redundancy. We then develop a strategy, which may involve negotiating a renewal, securing a transition, or preparing an unfair dismissal application to the Fair Work Commission, which must typically be lodged within 21 days of the dismissal taking effect. For related issues, our expertise extends to claims for wrongful dismissal.
Local Considerations — Australia
Employment law practice varies across Australia's states and territories, particularly regarding public sector contracts and specific industry awards. In the major commercial hubs of Sydney and Melbourne, fixed-term contracts are prevalent in project-based sectors like construction, IT, and higher education. In Western Australia's mining regions, these contracts often align with project lifecycles. Our national practice adapts to these regional nuances, providing locally-informed advice whether your role is in Brisbane's startup ecosystem or a government position in Canberra. We ensure your case is assessed under the correct jurisdictional and industrial framework.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Project Timeline | 4-8 weeks |
| Statutory Lodgement Deadline (Unfair Dismissal) | 21 days from termination |
| Common Contract Duration Range | 6 months to 2 years |
| Maximum Consecutive Fixed-Term Contracts (under some Awards) | 2 contracts or 24 months |
Standards & Compliance
- Fair Work Act 2009 (Cth)
- National Employment Standards (NES)
- Relevant Modern Award or Enterprise Agreement
Request a Quote
Our team reviews your project and issues an initial report at no cost.
Or write us directly at info@employmentlawyer24.com
Frequently Asked Questions
What is the main risk when my fixed-term contract ends?
The primary risk is being deemed 'dismissed.' If the dismissal is not a genuine redundancy, you may have a claim for unfair dismissal. However, you must lodge an application with the Fair Work Commission within 21 days of the contract ending, or you lose this right permanently.
Can my employer simply not renew my fixed-term contract?
Yes, if the contract expires by reaching its agreed end date, it is generally not considered a dismissal. However, if there was a reasonable expectation of renewal based on past practice or representations, or if the role continues, you may have a claim for unfair dismissal or sham contracting.
Am I entitled to redundancy pay when a fixed-term contract ends?
Typically, no. Employees on a genuine fixed-term contract for a specified task or period are generally excluded from redundancy pay under the NES. Entitlement depends on whether the end of the contract constitutes a genuine redundancy of the position.
How much does Fixed-Term Contracts legal advice cost in Australia?
Costs vary based on case complexity, required negotiations, and potential tribunal representation. For straightforward contract reviews and initial advice, fees are typically structured on a fixed-fee basis. For litigation matters, costs will be higher and discussed transparently upfront. We provide a clear cost agreement before commencing any substantive work.