Document ID: chunk:federal_register_of_legislation:C2025C00150:section:123
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 123
Character Range: 407840–410214

123  Limits on scope of this Division

Employees not covered by this Division
 (1) This Division does not apply to any of the following employees:
 (a) an employee employed for a specified period of time, for a specified task, or for the duration of a specified season;
 (b) an employee whose employment is terminated because of serious misconduct;
 (c) a casual employee;
 (d) an employee (other than an apprentice) to whom a training arrangement applies and whose employment is for a specified period of time or is, for any reason, limited to the duration of the training arrangement;
 (e) an employee prescribed by the regulations as an employee to whom this Division does not apply.
 (2) Paragraph (1)(a) does not prevent this Division from applying to an employee if a substantial reason for employing the employee as described in that paragraph was to avoid the application of this Division.

Other employees not covered by notice of termination provisions
 (3) Subdivision A does not apply to:
 (b) a daily hire employee working in the building and construction industry (including working in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures); or
 (c) a daily hire employee working in the meat industry in connection with the slaughter of livestock; or
 (d) a weekly hire employee working in connection with the meat industry and whose termination of employment is determined solely by seasonal factors; or
 (e) an employee prescribed by the regulations as an employee to whom that Subdivision does not apply.

Other employees not covered by redundancy pay provisions
 (4) Subdivision B does not apply to:
 (a) an employee who is an apprentice; or
 (b) an employee to whom an industry‑specific redundancy scheme in a modern award applies; or
 (c) an employee to whom a redundancy scheme in an enterprise agreement applies if:
 (i) the scheme is an industry‑specific redundancy scheme that is incorporated by reference (and as in force from time to time) into the enterprise agreement from a modern award that is in operation; and
 (ii) the employee is covered by the industry‑specific redundancy scheme in the modern award; or
 (d) an employee prescribed by the regulations as an employee to whom that Subdivision does not apply.

Division 12—Fair Work Ombudsman to prepare and publish statements