New Fixed Term Contract Information Statement and Updated Rules

The new Fixed Term Contract Information Statement has been released and will be required to be issued for all new Fixed Term arrangements in addition to the general Fair Work Information Statement from 1 November 2025. It is available on the FWO website*.

(*we recommend that you only use the FWO website to obtain these forms).

New Rules for higher education and public hospitals

As of 1 November 2025, the previous exceptions for these sectors no longer apply - unless a Modern Awards provides for particular exceptions.

Employers must comply with standard fixed-term contract limitations (i.e. a two-year maximum duration and/or no more than 2 consecutive fixed term contracts).

Further extensions for charities and not-for-profit sector and the medical or health research sector

These sectors will continue to maintain their specific exemptions until 1 November 2026 provided the employer meets the total annual revenue threshold of less than $10M.

Organised sport sector and high-performance sport sector special rules to continue

The current exceptions continue in this area until further notice.

Standard Permanent Exceptions continue to apply for all sectors

The following limitations are unaffected by the recent changes and do not apply to all fixed term contracts:

• specialised skills for a specific task;

• involving training arrangements;

• essential work;

• involving emergency or temporary circumstances;

• high income employees;

• positions subject to government funding;

• governance positions; and

• permitted by the relevant modern award.

Our Take

These changes will continue from time to time and it is important to maintain a ‘watching brief’ to ensure compliance with this administrative compliance step.

For businesses outside the affected sectors it is simply a case of updating your forms so you are current.

Only the higher education and public hospitals sectors need to be immediately concerned at addressing their contractual arrangements as their exceptions no longer apply as of 1 November 2025.

The charities, not-for-profit sector, the medical or health research, organised sport sector and high-performance sport sectors continue to maintain their existing exceptions but need to revisit this closer to 1 November 2026 to see if the currently forecasted changes occur.

Action Items

For businesses in the: higher education, public hospitals, charities, not-for-profit sector, the medical or health research, organised sport sector and high-performance sport sectors take note of the new ‘timetable’ and apply it to your specific circumstances.

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