A comparable permanent employee is a permanent employee to whom a fixed-term employee compares himself/herself where the following conditions are met:

 

  • the permanent employee and the fixed-term employee are employed by the same or associated employer and one of the following conditions are met:

 

  • both employees perform the same work under the same or similar conditions or each is interchangeable with the other in relation to the work
  • the work performed by one of the employees concerned is of the same or a similar nature to that performed by the other
  • the work performed by the relevant fixed-term employee is equal or greater in value to the work performed by the other employee concerned, having regard to such matters as skill, physical or mental requirements, responsibility and working conditions

OR

  • the employee is employed in the same industry or sector of employment as the fixed-term employee and one of the conditions referred to above is met

OR

the permanent employee is specified in a collective agreement, being an agreement that for the time being has effect in relation to the relevant fixed-term employee, to be a comparable employee in relation to the fixed-term employee