Exceptions to limitations
(1) Subsection 333E(1) does not apply in relation to a contract of employment entered into by a person and an employee if: (a) the employee is engaged under the contract to perform only a distinct and identifiable task involving specialised skills; or (b) the employee is engaged under the contract in relation to a training arrangement; or (c) the employee is engaged under the contract to undertake essential work during a peak demand period; or (d) the employee is engaged under the contract to undertake work during emergency circumstances or during a temporary absence of another employee; or (e) in the year the contract is entered into the amount of the employee’s earnings under the contract is above the high income threshold for that year; or (f) the contract relates to a position for the performance of work that: (i) is funded in whole or in part by government funding or funding of a kind prescribed by the regulations for the purposes of this subparagraph; and (ii) the funding is payable for a period of more than 2 years; and (iii) there are no reasonable prospects that the funding will be renewed after the end of that period; or (g) the contract relates to a governance position that has a time limit under the governing rules of a corporation or association of persons; or (h) a modern award that covers the employee includes terms that permit any of the circumstances mentioned in subsections 333E(2) to (4) to occur; or (i) the contract is of a kind prescribed by the regulations for the purposes of this paragraph. (2) For the purposes of paragraph (1)(e), if under the terms of the contract either of the following apply: (a) the employee is required to work fewer hours than a full‑time employee for a year; (b) the employee is required to work for only part of a year; the high income threshold for that year is taken, for the purposes of that paragraph, to be the amount, or the amount worked out using a method, prescribed by the regulations for the purposes of this subsection. (3) For the purposes of subsection (2), in determining whether an award/agreement free employee has worked fewer hours than a full‑time employee, regard may be had to the following: (a) the hours of work of any other full‑time employees or part‑time employees of the employer employed in the same position as (or in a position that is comparable to) the position of the employee; (b) the definition of ordinary hours of work in subsection 20(2). Evidential burden (4) If, in proceedings for a civil penalty order against a person for a contravention of subsection 333E(1), the person wishes to rely on an exception in this section, then the person bears an evidential burden in relation to that matter.
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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