Document ID: chunk:federal_register_of_legislation:F2024L01371:clause:1_4:p1
Version: federal_register_of_legislation:F2024L01371
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 1/4)
Character Range: 2502–5190

4  Subregulation 2.15(7)
Repeal the subregulation, substitute:

Charity and not‑for‑profit sector employees
 (7) For the purposes of paragraph 333F(1)(i) of the Act, a contract entered into by a person and an employee is prescribed if:
 (a) the person is, or enters into the contract on behalf of, a philanthropic entity (the relevant entity); and
 (b) the contract relates to a position for the performance of work that is funded in whole or in part by:
 (i) government funding provided by way of a grant or procurement, other than funding excluded by subregulation (8); or
 (ii) funding provided by a philanthropic entity (other than the relevant entity or an associated entity of the relevant entity); or
 (iii) funding provided as a testamentary gift or testamentary contribution to the relevant entity for a charitable purpose (within the meaning of the Charities Act 2013) of the relevant entity; and
 (c) the work is to be performed for the purposes of a specific program or project to which the funding relates; and
 (d) the period for which the program or project is to be conducted is, taking into account so much of that period (if any) as has already occurred, a period of not more than 5 years; and
 (e) the identifiable period (see paragraph 333E(1)(b) of the Act) at the end of which the contract will terminate is substantially the same as the period, or the remainder of the period, for which the program or project is to be conducted; and
 (f) if the employee is already, or has previously been, employed by the person—the employment of the employee for the identifiable period would not result in continuity or substantial continuity of an employment relationship between the person and the employee for a period of more than 7 years; and
 (g) at the time the contract is entered into, the employee is not covered by either of the modern awards mentioned in paragraph (6)(a) of this regulation; and
 (h) any arrangements for the provision of funding covered by paragraph (b) of this subregulation take effect on or after the day this subregulation commences; and
 (i) the contract is entered into:
 (i) on or after the day this subregulation commences; and
 (ii) before 1 November 2025.
 (8) For the purposes of subparagraph (7)(b)(i), the following are excluded:
 (a) any payments made to, or for the benefit of, an individual, if the entitlement to the payments is provided for under legislation of the Commonwealth, a State or a Territory;
 (b) any payments made for the purposes of the program known as the Commonwealth Home Support Programme.

Medical or health research sector employees
 (9) For the purposes of paragraph 333F(1)(i) of the Act, a contract entered