333GEffect of entering prohibited fixed term contract

333G Effect of entering prohibited fixed term contract

(1) If a person enters into a contract of employment with an employee in contravention of subsection 333E(1):

(a) the term of the contract that provides that the contract will terminate at the end of an identifiable period is taken to have no effect; and

(b) the contravention is taken not to affect the validity of any other term of the contract.

(2) Subsection (1) of this section has effect for the purposes of all of the following:

(a) this Act and any other law of the Commonwealth;

(b) a law of a State or Territory;

(c) any fair work instrument that applies to the employee;

(d) a copied State instrument;

(e) the employee’s contract of employment.

Note 1: One effect of subsection (1) of this section is that Division 11 of Part 2‑2 (notice of termination and redundancy pay) may apply to the employee because the employee is not covered by paragraph 123(1)(a) (which deals with the application of that Division).

Note 2: Another effect of subsection (1) of this section is that Part 3‑2 (unfair dismissal) may apply to the employee because the employee is not covered by paragraph 386(2)(a) (which affects the meaning of dismissed).