Queensland Consolidated Acts Queensland Consolidated Acts(1) Section 73(1) does not apply to--
(a) an employee during the first 3 months of employment with an employer (the probationary period), if the dismissal is for a reason other than an invalid reason, unless the employee and employer agree in writing that the employee serve--
(i) a period of probation that is shorter than the probationary period; or
(ii) no period of probation; or
(b) an employee serving a period of probation that is longer than the probationary period, if--
(i) the period decided, by written agreement between the employee and employer before the employment started, is a reasonable period having regard to the nature and circumstances of the employment; and
(ii) the dismissal is for a reason other than an invalid reason; or
(c) a short term casual employee, unless the reason for the dismissal is an invalid reason; or
(d) an employee engaged for a specific period or task, unless--
(i) the main purpose of engaging the employee in that way is, or was at the time of the employee's engagement, to avoid the employer's obligations under part 2; or
(ii) the employee is participating in a labour market program and is dismissed before the period ends or the task is complete; or
(iii) the reason for the dismissal is an invalid reason; or
(e) an employee--
(i) who is not employed under an industrial instrument; and
(ii) who is not a public service officer employed on tenure under the Public Service Act 2008; and
(iii) whose annual wages immediately before the dismissal are more than $68000 or a greater amount stated in, or worked out in a way prescribed under a regulation; or
(f) an apprentice or trainee.
(2) In deciding--
(a) the probationary period for subsection (1)(a); or
(b) whether an employee is a short term casual employee for subsections (1)(c) and (8);
periods of employment with a former employer that are taken to be service with a new employer because of section 69 must be taken into account.
(3) Parts 3 and 4 do not apply to--
(a) a casual employee; or
(b) an employee engaged by the hour or day; or
(c) an employee engaged for a specific period or task; or
(d) an employee during the first 3 months of employment with an employer (the probationary period) unless the employee and employer agree in writing that the employee serve--
(i) a period of probation that is shorter than the probationary period; or
(ii) no period of probation; or
(e) an employee serving a period of probation that is longer than the probationary period if the period decided by written agreement between the employee and employer before the employment started, is a reasonable period having regard to the nature and circumstances of the employment; or
(f) an employee--
(i) who is not employed under an industrial instrument; and
(ii) who is not a public service officer employed on tenure under the Public Service Act 2008; and
(iii) whose annual wages immediately before the dismissal are more than $68000 or a greater amount stated in, or worked out in a way prescribed, under a regulation.
(4) Part 4 does not apply to an employee with less than 1 year of continuous service.
(5) A regulation may exclude particular employees from the operation of particular provisions of this chapter.
(6) Without limiting subsection (5), the regulation may identify as a class of employees those employees whose wages or salary immediately before dismissal was more than an amount, or an amount worked out in a way, prescribed under the regulation.
(7) Parts 3 to 7 do not apply to--
(a) an apprentice or trainee; or
(b) an employee participating in a labour market program.
(8) In this section--
short term casual employee means a casual employee, other than a casual employee who--
(a) is engaged--
(i) by a particular employer on a regular and systematic basis; and
(ii) for several periods of employment during a period of at least 1 year; and
(b) apart from the employer's decision not to offer the person further employment, had a reasonable expectation of further employment by the employer.