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Employment contracts

Employment contract builder now available

Hiring an employee? It’s important that your employment contracts protect your business and your staff. You can use the Employment Contract Tool to build a contract that’s tailored to your business needs and complies with workplace laws. The tool also includes easy-to-understand information on all the legal minimums you need to include.

To use the tool, your employee must be:

  • full-time, part-time or casual
  • covered by an award
  • paid an hourly or weekly wage.

Use the business.gov.au – Employment Contract Tool external-icon.png.

An employment contract is an agreement between an employer and employee that sets out terms and conditions of employment. A contract can be in writing or verbal.

Can a contract provide for less than the legal minimums?

An employment contract cannot provide for less than the legal minimum set out in:

All employees are covered by the NES, regardless of whether they’ve signed a contract. A contract can’t make employees worse off than their minimum legal entitlements.

You can check minimum award rates with our Pay Calculator

Getting help with employment contracts

If you’re new to hiring staff, use the business.gov.au – Employment Contract Tool external-icon.png. The tool helps you build an employment contract that’s tailored to your business needs and complies with workplace laws. It also includes easy-to-understand information on all the legal minimums you need to include.

To use the tool, your employee must be:

  • full-time, part-time or casual
  • covered by an award
  • paid an hourly or weekly wage

The Employment Contract Tool isn’t for every worker. It can’t be used for:

  • employees who’ll be paid a salary
  • apprentices and trainees
  • seasonal workers
  • independent contractors, or
  • employees covered by registered agreements.

Use the business.gov.au – Employment Contract Tool external-icon.png.

We can also give advice about the legal minimums in an employment contract. You will need to contact a lawyer for advice about any other terms and conditions in the contract.

Find out where to get legal advice.

Think a mistake might have been made about the legal minimums in a contract?

Mistakes can happen. The best way to fix them usually starts with talking.

Check out our Fixing a workplace problem section for practical advice on:

  • figuring out if a mistake has been made
  • talking to your employer or employee about fixing it
  • getting help from us if you still can't resolve it.

Want to save this information for later?

If you might need to read this information again, save it for later so you can access it quickly and easily.

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The Fair Work Ombudsman is committed to providing advice that you can rely on. The information contained on this website is general in nature. If you are unsure about how it applies to your situation you can call our Infoline on 13 13 94 or speak with a union, industry association or workplace relations professional. Visitors are warned that this site may inadvertently contain names or pictures of Aboriginal and Torres Strait Islander people who have recently died.

Saved from fairwork.gov.au on 25/07/2021 12:30:06 AM

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