Queensland Consolidated Acts Queensland Consolidated Acts(1) Section 73(1) does not apply to—
(a) an employee during the first 3 months of employment with an employer (the probationary period), if the dismissal is for a reason other than an invalid reason, 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; or
(b) an employee serving a period of probation that is longer than the probationary period, if—
(i) 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; and
(ii) the dismissal is for a reason other than an invalid reason; or
(c) a short term casual employee, unless the reason for the dismissal is an invalid reason; or
(d) an employee engaged for a specific period or task, unless—
(i) the main purpose of engaging the employee in that way is, or was at the time of the employee's engagement, to avoid the employer's obligations under part 2; or
(ii) the employee is participating in a labour market program and is dismissed before the period ends or the task is complete; or
(iii) the reason for the dismissal is an invalid reason; or
(e) an employee—
(i) who is not employed under an industrial instrument; and
(ii) who is not a public service officer employed on tenure under the Public Service Act 2008; and
(iii) whose annual wages immediately before the dismissal are more than $68000 or a greater amount stated in, or worked out in a way prescribed under a regulation; or
(f) an apprentice or trainee.
(2) In deciding—
(a) the probationary period for subsection (1)(a); or
(b) whether an employee is a short term casual employee for subsections (1)(c) and (8);
periods of employment with a former employer that are taken to be service with a new employer because of section 69 must be taken into account.
(3) Parts 3 and 4 do not apply to—
(a) a casual employee; or
(b) an employee engaged by the hour or day; or
(c) an employee engaged for a specific period or task; or
(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; or
(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; or
(f) an employee—
(i) who is not employed under an industrial instrument; and
(ii) who is not a public service officer employed on tenure under the Public Service Act 2008; and
(iii) whose annual wages immediately before the dismissal are more than $68000 or a greater amount stated in, or worked out in a way prescribed, under a regulation.
(4) Part 4 does not apply to an employee with less than 1 year of continuous service.
(5) A regulation may exclude particular employees from the operation of particular provisions of this chapter.
(6) Without limiting subsection (5), the regulation may identify as a class of employees those employees whose wages or salary immediately before dismissal was more than an amount, or an amount worked out in a way, prescribed under the regulation.
(7) Parts 3 to 7 do not apply to—
(a) an apprentice or trainee; or
(b) an employee participating in a labour market program.
(8) In this section—
short term casual employee means a casual employee, other than a casual employee who—
(a) is engaged—
(i) by a particular employer on a regular and systematic basis; and
(ii) for several periods of employment during a period of at least 1 year; and
(b) apart from the employer's decision not to offer the person further employment, had a reasonable expectation of further employment by the employer.