Notice under section 333J(1) of the publication of the Fixed Term Contract Information Statement – November 2025

Overview

The Fair Work Act 2009 was enacted by the Commonwealth Parliament to provide a balanced framework for the regulation of workplace relations. This Act was introduced to address issues surrounding workplace fairness, aiming to provide a safety net of minimum entitlements, promote high standards of working conditions and ensure flexibility for individuals and businesses to meet their needs in an efficient and adaptable way. The overarching policy objective is to facilitate a productive workplace relations system that promotes economic prosperity and social inclusion. On 1 November 2025, the Fair Work Ombudsman, Anna Booth, issued a Fixed Term Contract Information Statement under section 333J(1) of the Act, as part of ongoing efforts to ensure employers are compliant with the legislative requirements concerning fixed term contracts. This notice reflects a commitment to maintaining transparency and adherence to the legislative standards designed to protect both employees and employers within the Australian workplace.

Scope and Application

The Fair Work Act 2009, as amended, applies to employees, employers, and businesses across the Commonwealth of Australia, impacting a wide range of industries and employment practices. Specifically, the Act mandates the provision of the Fixed Term Contract Information Statement to employees who are engaged under fixed-term contracts, ensuring they are informed about their employment conditions and rights. This requirement is intended to promote transparency and fairness in employment practices, with a particular focus on protecting the rights of those on fixed-term contracts. The Act applies to all entities and individuals involved in employment arrangements within Australia, irrespective of the state or territory, thereby establishing a uniform standard of conduct and information disclosure across the nation. There are no specific exclusions or exemptions detailed in this notification, although certain small businesses may be subject to specific thresholds that may exempt them from some requirements. The scope of the Act can be further refined and extended through subordinate instruments, such as regulations and codes of practice, which provide additional detail and guidance on the implementation and compliance with the Act's provisions.

Key Provisions

The Fair Work Act 2009, particularly the provisions under section 333J, mandates the publication of the Fixed Term Contract Information Statement (section 333J(1)). This statement, which was published on 1 November 2025, serves to inform employees about their rights and obligations under fixed term contracts. It is intended to ensure transparency and provide clarity on the terms and conditions associated with fixed term employment agreements, which are agreements that have a specified end date (section 333J(2)). The Act imposes specific obligations on employers who enter into fixed term contracts with their employees. Employers must provide the Fixed Term Contract Information Statement to their employees before or at the time of entering into a fixed term contract (section 333J(3)). This statement must include particulars such as the duration of the contract, the reasons for the fixed term, and the terms of any renewal or transition to a different type of contract (section 333J(4)). Failure to provide this information can result in non-compliance with the Act. The Fair Work Act 2009 outlines potential consequences for non-compliance with the requirements set forth in the Fixed Term Contract Information Statement. Employers who fail to provide the mandated information can face enforcement actions by the Fair Work Ombudsman (section 333J(5)). The penalties for such breaches can include fines and other legal repercussions. Specifically, under section 1131 of the Act, the maximum penalty for contravention of the information statement requirements can be significant, reflecting the importance of compliance with these provisions to protect employees' rights. These measures are designed to ensure that employees are fully informed about the terms of their employment contracts, thereby promoting fair and transparent employment practices.