sec.120Application of subdivision

### sec.120 Application of subdivision This subdivision does not apply to any of the following— a casual employee; an employee engaged by the hour or day; an employee engaged for a specific period or task; 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— a period of probation that is shorter than the probationary period; or no period of probation; 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; an employee— to whom an applicable industrial instrument does not apply; and who is not a public service officer employed on tenure under the Public Sector Act 2022 ; and whose annual wages immediately before the dismissal are equal to or more than the high income threshold under the Commonwealth Fair Work Act , section 333 ; an employee participating in a labour market program. s 120 amd 2022 No. 34 s 365 sch 3 - (a) a casual employee; - (b) an employee engaged by the hour or day; - (c) an employee engaged for a specific period or task; - (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; - (i) a period of probation that is shorter than the probationary period; or - (ii) no period of probation; - (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; - (f) an employee— (i) to whom an applicable industrial instrument does not apply; and (ii) who is not a public service officer employed on tenure under the Public Sector Act 2022 ; and (iii) whose annual wages immediately before the dismissal are equal to or more than the high income threshold under the Commonwealth Fair Work Act , section 333 ; - (i) to whom an applicable industrial instrument does not apply; and - (ii) who is not a public service officer employed on tenure under the Public Sector Act 2022 ; and - (iii) whose annual wages immediately before the dismissal are equal to or more than the high income threshold under the Commonwealth Fair Work Act , section 333 ; - (g) an employee participating in a labour market program. - (i) a period of probation that is shorter than the probationary period; or - (ii) no period of probation; - (i) to whom an applicable industrial instrument does not apply; and - (ii) who is not a public service officer employed on tenure under the Public Sector Act 2022 ; and - (iii) whose annual wages immediately before the dismissal are equal to or more than the high income threshold under the Commonwealth Fair Work Act , section 333 ;