Hire with confidence using a professionally drafted employment agreement. Our AI fills in your company details, position, salary, and terms, then sends it for electronic signing. Fair Work compliant.
Job title, reporting structure, key responsibilities, and employment type (full-time, part-time, or casual).
Base salary, superannuation, bonuses, allowances, and any additional benefits.
Ordinary hours, overtime arrangements, annual leave, personal/carer's leave, and public holidays per NES.
Protection of company information and assignment of intellectual property created during employment.
Notice periods, grounds for termination, redundancy provisions, and post-employment restraints.
Space to reference the applicable Modern Award or Enterprise Agreement for minimum entitlements.
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An employment contract is the agreement that sets the terms of the working relationship between an employer and an employee. In Australia it operates within a layered system: the Fair Work Act 2009 (Cth) and the National Employment Standards (NES) set the floor, a Modern Award or Enterprise Agreement may add industry-specific minimums, and the contract sits on top to record the agreed detail. A clear written contract protects both sides by removing ambiguity about pay, hours, duties, and how the relationship can end.
Every employee should have a written contract, ideally signed before their first day. Small businesses hiring their first staff member, growing teams adding roles, and startups formalising informal arrangements all benefit from getting the terms in writing. A contract is equally important for casuals and part-timers, where the basis of engagement and the casual loading need to be clear.
A complete contract covers the position title and duties, the employment type and start date, ordinary hours and any overtime arrangements, remuneration and superannuation, leave entitlements aligned to the NES, probation, confidentiality and intellectual property, any post-employment restraints, and notice periods for termination. It should reference the relevant Modern Award so the minimum entitlements are visible. Where the role involves company information or creative work, the IP assignment and confidentiality clauses matter a great deal.
An employment contract is an ordinary agreement and does not need a witness or any deed formalities. The employer and the employee simply sign. Electronic signatures are valid under the Electronic Transactions Act 1999 (Cth), so sending the contract through SignAndGo for the new starter to sign on their phone is fully enforceable and gives you a dated audit trail. Importantly, the contract cannot override the NES or the award: any term that pays below the legal minimum is unenforceable to that extent.
Common pitfalls include relying on a verbal agreement, copying a contract from another jurisdiction that ignores Australian award obligations, setting pay below the applicable award, writing restraint clauses that are far too broad to enforce, and failing to update the contract when the role changes. Misclassifying an employee as a contractor is another costly error that can trigger penalties. Using a properly drafted, Australian template and confirming the correct award avoids most of these problems.
This page is general information about employment contracts in Australia and is not legal advice. Award coverage and obligations vary by role and industry. For complex or senior roles, seek advice from a qualified Australian employment lawyer.
A written employment contract should set out the employee's name, position and duties, employment type (full-time, part-time or casual), start date, ordinary hours, remuneration and superannuation, leave entitlements, notice periods, and the applicable Modern Award or Enterprise Agreement. It cannot contract out of the National Employment Standards (NES) under the Fair Work Act 2009 (Cth) or the relevant award minimums.
No. The Fair Work Act 2009 sets minimum entitlements through the NES and Modern Awards, and a contract cannot reduce them. Any clause that tries to pay below the award rate or strip a NES entitlement (such as annual leave or minimum notice) is unenforceable to that extent. A contract can offer better than the minimum, but never worse.
A verbal agreement can be legally binding, but it is very hard to prove what was actually agreed if a dispute arises. A signed written contract gives both the employer and the employee clear evidence of the position, pay, and conditions, and is strongly recommended for every hire.
No. An employment contract is an ordinary agreement, not a deed, so it does not require a witness. The employer and the employee each sign, and an electronic signature is valid under the Electronic Transactions Act 1999 (Cth).
Post-employment restraints (non-compete and non-solicitation) are enforceable only so far as they protect a legitimate business interest and are reasonable in scope, duration and geography. A restraint that is too broad may be read down or struck out by a court. Keep restraints modest and tailored to the role.
The template is drafted with the Fair Work Act and NES in mind, including leave entitlements and notice periods, and leaves room to reference the applicable Modern Award. You should confirm the specific terms match the correct award for the role and seek advice for senior or complex arrangements.