New South Wales Consolidated Regulations

INDUSTRIAL RELATIONS (GENERAL) REGULATION 2001 - REG 6

6 Other exemptions from unfair dismissal provisions

(1) For the purposes of section 83 (2) of the Act, the following classes of employees are exempted from Part 6 of Chapter 2 of the Act:

(a) employees engaged under a contract of employment for a specified period of time, if the specified period is less than 6 months,

(b) employees engaged under a contract of employment for a specific task,

(c) employees serving a period of probation or qualifying period, if the duration of the period, or the maximum duration of the period, is determined in advance and either:

(i) the period, or the maximum duration, is 3 months or less, or

(ii) if the period, or the maximum duration, is more than 3 months-the period, or the maximum duration, is reasonable having regard to the nature and circumstances of the employment,

(d) employees engaged on a casual basis for a short period except employees who:

(i) are engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment during a period of at least 6 months, and

(ii) would, but for the dismissal, have had a reasonable expectation of continuing employment with the employer.

(2) This clause applies only with respect to dismissals under contracts of employment entered into on or after 1 October 1997.