South Australian Consolidated Regulations

FAIR WORK (GENERAL) REGULATIONS 2009 - REG 9

9—Unfair dismissal

Pursuant to section 105A(2) of the Act, the following classes of employees are excluded from the ambit of Part 6 of Chapter 3 of the Act:

            (a)         employees serving a period of probation or a qualifying period of employment, provided that the duration of the period or the maximum duration of the period—

                  (i)         is determined in advance; and

                  (ii)         is reasonable, having regard to the nature and circumstances of the employment;

            (b)         casual employees, except where—

                  (i)         the employee has been engaged by the employer on a regular and systematic basis for a sequence of periods of employment during a period of at least six months; and

                  (ii)         the employee has, or would have had, a reasonable expectation of continuing employment by the employer;

            (c)         employees whose conditions of employment are governed by an award, enterprise agreement or contract of employment that makes specific arrangements concerning unfair dismissal that, when considered as a whole, provide protection that is at least equivalent to the protection afforded to employees under Part 6 of Chapter 3 of the Act.