Section 789 — Fair Work Act 2009: Limits on scope of this Division

(1) This Division does not apply in relation to any of the following employees: (a) an employee employed for a specified period of time, for a specified task, or for the duration of a specified season; (b) an employee whose employment is terminated because of serious misconduct; (c) a casual employee; (d) an employee (other than an apprentice) to whom a training arrangement applies and whose employment is for a specified period of time or is, for any reason, limited to the duration of the training arrangement; (e) a daily hire employee working in the building and construction industry (including working in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures); (f) a daily hire employee working in the meat industry in connection with the slaughter of livestock; (g) a weekly hire employee working in connection with the meat industry and whose termination of employment is determined solely by seasonal factors; (h) an employee prescribed by the regulations as an employee in relation to whom this Division does not apply. (2) Paragraph (1)(a) does not prevent this Division from applying in relation to an employee if a substantial reason for employing the employee as described in that paragraph was to avoid the application of this Division.