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In one of the first tests of the Fair Work Act's fixed-term contract restrictions, the Fair Work Commission has found a senior HRBP's third contract was for a substantially different role and therefore didn't breach the provisions.

While there was "clearly some overlap between the roles", Commissioner Tim Lee found a "significant proportion of the key accountabilities in the position descriptions are fundamentally different".

The employee's first maximum-term contract with the Victorian Energy Safety Commission, which began on 5 April 2023 and was slated to end by 6 March 2024, was for the role of people services (HR) business partner.

Shortly before that expired, the employer extended her engagement via a second contract, which had an end date of 30 June 2024. The HRBP then accepted a third contract for a senior HRBP role, set to end by 31 December 2024...