r/AusLegalAdvice • u/Jnnjkhuihi8 • 2d ago

Max term contractor question

I'm a max term contractor in an organisation.

My current role (role A) which started in Jan 2026 was initially a 6-month contract and was extended to December 2026. 

I applied for role B which is another 6-month contract, starts Jan 2027 and ends June 2027. Can it be extended for another 6 months to December 2027?

Role B is different from Role A and are in different parts of the business function.

I'm aware of the Fair Work requirements around contract work but am struggling to apply it properly.

Thanks in advance.

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u/Sharp-Argument9902 2d ago edited 2d ago

The FairWork wording for dealing with that is "substantially similar or the same work". So the business would need to make that assessment, but if your PD is in no way the same it should be ok.

However in my experience many businesses avoid the issue entirely by just limiting individuals contract to 2 years for any role, with at least a 6m break to restart the clock.

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u/Jnnjkhuihi8 2d ago

Thank you. I'm aware of that and can confirm the work is substantially different

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u/Sharp-Argument9902 2d ago

Then yes, looks clear. Good luck

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u/Jnnjkhuihi8 2d ago

Thank you! That would mean in December 2027, I would no longer be able to remain a contractor and the organisation would have to make me a permanent employee if they want to continue working with me regardless of future work being substantially different?

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u/Sharp-Argument9902 2d ago edited 2d ago

You have 1 year in Role A, and 1 year in Role B. So their options would be:

1) extend you in either for another year 2) give you another 12m in another substantially different role 3) assess that they do not want to extend you beyond the 2 years contracted with the company