Document ID: chunk:federal_register_of_legislation:F2024L01239:reg:18
Version: federal_register_of_legislation:F2024L01239
Segment Type: reg
Provision Reference: reg 18
Character Range: 32430–33922

18  Engagement of SES employees for a specified term
 (1) For the purposes of subsection 22(4) of the Act, this section prescribes circumstances in which a Secretary may engage a person as an SES employee for a specified term.
Note 1: The usual basis for engagement of a Parliamentary Service employee is as an ongoing Parliamentary Service employee (see paragraph 10A(1)(b) of the Act). A Secretary is expected to have regard to that paragraph before engaging a person as a non‑ongoing Parliamentary Service employee.
Note 2: Paragraph 10A(1)(c) of the Act requires engagement and promotion decisions to be based on merit. Division 2 of this Part explains how this employment principle is to be applied.
 (2) Subject to subsection (4), a Secretary may engage a person as an SES employee for a specified term if the term does not exceed 5 years.
 (3) For the purposes of subsection 22(5) of the Act and subject to subsection (4) of this section, if a person has been engaged for a specified term of less than 5 years, the engagement may be extended once or more than once, but only to the extent that the total term does not exceed 5 years.
 (4) A Secretary may engage a person under a contract of employment as an SES employee for a specified term only if the Secretary is reasonably satisfied that entering into the contract would not contravene subsection 333E(1) of the Fair Work Act 2009.
Note: Subsection 333E(1) of the Fair Work Act 2009 is about limitations on fixed term contracts.