34Fixed period employment

34 Fixed period employment (1) The Commissioner may determine the duties or classes of duties in an Agency or the Public Sector generally that: (a) may be performed for a fixed period; or (b) may only be performed for a fixed period. (2) Duties to which a determination under subsection (1) applies (fixed period duties) may, subject to the relevant determination under that subsection and to subsection (6), be performed by: (a) the employment of a fixed period employee; or (b) the promotion or transfer of an ongoing employee for a fixed period. (3) In making a determination under subsection (1), the Commissioner must specify a period, not exceeding 5 years, as the period for which a person may be employed to perform the duties. (4) The Commissioner may determine the terms and conditions to apply in relation to employment to perform fixed period duties, and where such a term or condition is inconsistent with this Act, the

Public Sector Employment and Management Act 1993 26 term or condition so determined prevails and the conditions of or under this Act, to the extent of the inconsistency, have no effect. (5) A person's employment to perform fixed period duties may be renewed in accordance with the terms and conditions determined under subsection (4). (6) A Chief Executive Officer must not employ a person to perform fixed period duties unless the Commissioner has made a determination under subsection (4) in relation to employment to perform those duties. (7) If an ongoing employee is promoted or transferred under subsection (2)(b) for a period, the employee's terms and conditions of employment are varied during the period to the extent of the determination under subsection (4).