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This applies where an employer intends to dismiss their employees towards the end of a season. For example, where an employer gradually dismisses employees as the workload ends or decreases with the end of a season.[1]
If the contract gives either party an unqualified right to terminate the contract on notice, or with payment in lieu of notice, it will not be a contract for a specified season.[2]
Seasonal work can include such things as planting or picking fruit and vegetables, or working in Australia's snowfields.
Fensom v SCT Transport Services Pty Ltd [2008] AIRC 340 (Harrison C, 16 April 2008).
The employee was engaged to transport harvested sugar cane. It was accepted that the employer intended to engage the employee as a seasonal employee. However, because the employer had an unqualified right under the contract of employment and the applicable Australian Workplace Agreement to terminate the employee's employment before the end of the sugar harvesting season, it was held that he was not engaged on a seasonal basis.
Galbraith v Wilmar Sugar Pty Ltd t/a Wilmar Sugar [2018] FWCFB 6713 (Sams DP, Binet DP, Harper-Greenwell C, 5 November 2018).
At first instance the Fair Work Commission found that the appellant was not dismissed as they were a seasonal employee and had finished work when the particular season ended. The appellant appealed the decision on the grounds that the Commission did not distinguish between an employee contracted for a specified season and an employee engaged for multiple seasons. The Full Bench granted permission to appeal but dismissed the appeal.
[1] Explanatory Memorandum to Fair Work Bill 2008 at para. 1535.
[2] Andersen v Umbakumba Community Council (1994) 126 ALR 121, 126 (von Doussa J).