Fair Work Amendment (Fixed Term Contracts) Regulations 2025 (Cth)

Fair Work Amendment (Fixed Term Contracts) Regulations 2025

I, the Honourable Sam Mostyn AC, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 30 October 2025

Sam Mostyn AC

Governor‑General

By Her Excellency’s Command

Amanda Rishworth

Minister for Employment and Workplace Relations

Contents

1Name

This instrument is the Fair Work Amendment (Fixed Term Contracts) Regulations 2025.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	1 November 2025.	1 November 2025

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Fair Work Act 2009.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

Fair Work Regulations 2009

1

Paragraph 2.15(1)(c)

Repeal the paragraph, substitute:

1. (c)

   the contract is entered into on or after 6 December 2023.

2

Paragraph 2.15(3)(e)

Repeal the paragraph, substitute:

1. (e)

   the contract is entered into on or after 6 December 2023.

3

Subregulation 2.15(6)

Repeal the subregulation.

4

After paragraph 2.15(7)(a)

Insert:

(aa) the total annual revenue of the relevant entity is less than $10,000,000; and

5

Paragraph 2.15(7)(g)

Repeal the paragraph, substitute:

1. (g)

   at the time the contract is entered into, the employee is not covered by either of the following modern awards:

   1. (i)

      the Higher Education Industry—Academic Staff—Award 2020;

   2. (ii)

      the Higher Education Industry—General Staff—Award 2020; and

6

Paragraph 2.15(7)(h)

Omit “the day this subregulation commences”, substitute “1 November 2024”.

7

Paragraph 2.15(7)(i)

Repeal the paragraph, substitute:

1. (i)

   the contract is entered into:

   1. (i)

      on or after 1 November 2024; and

   2. (ii)

      before 1 November 2026.

8

After subregulation 2.15(7)

Insert:

1. (7A)

   For the purposes of paragraph 2.15(7)(aa), if:

   1. (a)

      the relevant entity is part of a reporting group (within the meaning of the Australian Charities and Not‑for‑profits Commission Act 2012); and

   2. (b)

      the total annual revenue for the reporting group is $10,000,000 or more for the most recent financial year (for which financial statements are available) to end before the person entered into the contract with the employee;

the relevant entity’s total annual revenue is taken to be $10,000,000 or more, unless the relevant entity provides evidence to the contrary that would satisfy a reasonable person.

9

After paragraph 2.15(9)(a)

Insert:

1. (aa)

   the total annual revenue of the relevant entity is less than $100,000,000; and

10

Paragraph 2.15(9)(h)

Repeal the paragraph, substitute:

1. (h)

   at the time the contract is entered into, the employee is not covered by either of the following modern awards:

   1. (i)

      the Higher Education Industry—Academic Staff—Award 2020;

   2. (ii)

      the Higher Education Industry—General Staff—Award 2020; and

11

Paragraph 2.15(9)(i)

Omit “the day this subregulation commences”, substitute “1 November 2024”.

12

Paragraph 2.15(9)(j)

Repeal the paragraph, substitute:

1. (j)

   the contract is entered into:

   1. (i)

      on or after 1 November 2024; and

   2. (ii)

      before 1 November 2026.

13

After subregulation 2.15(9)

Insert:

1. (9A)

   For the purposes of paragraph 2.15(9)(aa), if:

   1. (a)

      the relevant entity is part of a reporting group (within the meaning of the Australian Charities and Not‑for‑profits Commission Act 2012); and

   2. (b)

      the total annual revenue for the reporting group is $100,000,000 or more for the most recent financial year (for which financial statements are available) to end before the person entered into the contract with the employee;

the relevant entity’s total annual revenue is taken to be $100,000,000 or more, unless the relevant entity provides evidence to the contrary that would satisfy a reasonable person.

14

Subregulation 2.15(10)

Repeal the subregulation (not including the note).

15

In the appropriate position in Chapter 7

Insert:

Part 7‑7—Amendments made by the Fair Work Amendment (Fixed Term Contracts) Regulations 2025

7.12Application of amendments

The amendments made by items 4 and 9 of Schedule 1 to the Fair Work Amendment (Fixed Term Contracts) Regulations 2025 apply in relation to contracts entered into on or after 1 November 2025.