What is particularly interesting is that Betton J.A. found that “a contract of up to three years really only has a three-year employment contract.” This raises an interesting question: what happens if a contract is extended for a minimum period, for example. Three years? The contract may be of an indeterminate duration since it goes beyond three years, but it also applies to a fixed term, since it is valid for three years with the possibility of renewal or renewal. The rapporteur for opinion believes that the minimum and maximum conditions should be considered both as indicators of a fixed-term contract, since they both envisage a fixed period on which the worker relies. The right to tacit termination is not included in all indeterminate contracts. In the case of the State Bank of New South Wales/Commonwealth Savings Bank Pty (1985) 60 ALR 73, an explicit clause in the agreement provided that if the Commonwealth Savings Bank Pty did not violate the terms of the agreement, the contractual obligations of the parties would be maintained. Lockhart J did not consider this to be a tacit right of termination that applies appropriately to both parties, since the contract explicitly presented contrary conditions. Under section 12 of the Labour Act, a worker who works on a fixed-term contract is not subject to any other procedure, since he only works with the fixed-term contract as an equivalent worker working on an indeterminate contract, unless there is a triftist motive. After using a specified time as criteria, wages and funds to be paid to the worker should be paid in proportion to the working time of the worker working on a fixed-term contract. In order to be able to benefit from a working condition in the same place of work or business, the same working time should apply in the same way to the same workers who work on fixed-term or indeterminate contracts, unless there is a valid reason.
The importance of an egalitarian worker is that of working in the same workplace or workplace on an indeterminate contract. However, if there is no such example of an egalitarian worker, a worker is invoked as a criterion who works on an indeterminate contract in the same sector or sector, but is in accordance with the conditions of that sector. Parliament limits the right to enter into a fixed-term contract to section 11 of labour law. It regulates the objective terms of this type of contract to be concluded and accepts that not only the duration of the contract set by the parties, but also the contractual time, are objectively accepted as a fixed-term contract. An indeterminate contract will exist if the duration of the contract between the parties is uncertain or indeterminate. In addition, it should be considered that a contract is implicitly fixed-term when the parties have not clearly set a term contract period, but must be understood for the purpose of working. As a general rule, the terms “non-essential” or “intermediate” that are not considered essential conditions are expressed and there is no provision in the contract that indicates that the clause is a guarantee. However, non-essential terms can also be included in an agreement. A non-substantial duration of the contract may entitle the right to termination if the infringement is sufficiently serious. As a general rule, the consequence of a sufficiently serious offence results in the performance of the contract being essentially consistent with the intentions of the parties. The aggrieved party has an obligation to prove the seriousness of the offence, but the consequence of the offence will ultimately be a factual assessment. Clearly, the first case cannot be the case of an “indeterminate contract”, in the second case, a judge must declare the ground “objective” if the employee does not consent.