12Engagement of SES employees for a specified term

#### 12 Engagement of SES employees for a specified term (1) For the purposes of subsection 22(4) of the Act, this section prescribes circumstances in which an Agency Head may engage a person as an SES employee for a specified term. > Note 1: The usual basis for engagement of an APS employee is as an ongoing APS employee (see paragraph 10A(1)(b) of the Act). An Agency Head is expected to have regard to that paragraph before engaging a person as a non‑ongoing APS employee. > Note 2: Paragraph 10A(1)(c) of the Act requires engagement and promotion decisions to be based on merit. Division 1 of Part 4 of the Commissioner’s Directions explains how this employment principle is to be applied. (2) Subject to subsection (4), an Agency Head may engage a person as an SES employee for a specified term if the term does not exceed 5 years. (3) For the purposes of subsection 22(5) of the Act and subject to subsection (4) of this section, if a person has been engaged for a specified term of less than 5 years, the engagement may be extended once or more than once, but only to the extent that the total term does not exceed 5 years. (4) An Agency Head may engage a person under a contract of employment as an SES employee for a specified term only if the Agency Head is reasonably satisfied that entering into the contract would not contravene subsection 333E(1) of the Fair Work Act 2009. > Note: Subsection 333E(1) of the Fair Work Act 2009 is about limitations on fixed term contracts.