Get help with employment contracts

We can provide general advice about minimum entitlements and obligations under the Fair Work Act for employment contracts.

Find out about what we can help with and where you can go for more help with employment contracts.

On this page:

What we can help with

Sometimes problems might come up about an employment contract. For example, an employment contract might include terms and conditions that are less than minimum entitlements.

We can give advice about minimum entitlements and requirements in the Fair Work Act, awards and enterprise agreements. This includes:

  • minimum wages
  • leave
  • hours of work, breaks and rosters
  • flexible working arrangements
  • minimum notice periods
  • pay secrecy
  • limitations on fixed term contracts.

Example: Employment contract and minimum entitlements

Andre has been working full-time as a gym manager for 8 months. He signed a written employment contract when he started the role.

Andre wants to take annual leave to go on a holiday. He knows that full-time employees get annual leave under the National Employment Standards (NES) and uses the Pay and Conditions Tool to calculate his leave balance.

Andre puts in a request to his boss, Brooke, to take one week off work.

Brooke shows Andre his employment contract, which says he isn’t entitled to any annual leave until after 12 months of work. She rejects his request.

Andre doesn’t think this is right and checks our website. He learns that his employment contract can't remove his minimum entitlements under the NES, even if the contract has been signed.

Andre shares this information with Brooke. He explains that as a full-time employee he’s entitled to annual leave, which accumulates gradually from the first day of employment.

Brooke reads our Annual leave information and apologises for her error. She then approves Andre’s leave.

What we can’t help with

We can’t help with terms and conditions in an employment contract, including:

If there are questions about terms and conditions in the contract, it’s best to get legal advice. This may be through:

  • a lawyer
  • a community legal centre
  • a union
  • an employer organisation.

Find out where to get legal advice.

Non-compete clauses

A written employment contract may have a ‘non-compete clause’ or ‘post-employment restraint of trade clause’. This is a term in a contract that stops or restricts an employee from working in competition with a previous employer for a certain period after their employment with them ends. These clauses may also stop or restrict an employee from working in a particular location or area.

The Fair Work Act doesn’t set any rules for non-compete clauses in employment contracts. We can’t advise on non-compete clauses. If you have questions about a non-compete clause in your employment contract, it’s best to seek legal help.

Example: Non-compete clause in an employment contract

Alessandro has been working as a full-time hairdresser for 3 years. He has recently found a new job and wants to resign.

Alessandro checks his employment contract and sees there’s a ‘non-compete clause’. The clause says he isn’t allowed to work for any other hair salons in his city for at least 12 months.

Alessandro isn’t sure if this is legally allowed and checks our website. He learns that he would need to seek legal advice about the ‘non-compete clause’ in his employment contract.

He goes to our Legal help page and learns that he can contact:

  • the law society in his state for help with finding a lawyer, or
  • his union for help if he is a member.

Tool: Make an employment contract

Employers hiring staff can use a free tool to make an employment contract.

The tool helps you build a basic employment contract that’s tailored to business needs and complies with workplace laws. (Some rules apply on the types of employees the tool can be used for.)

To get started, go to business.gov.au – Employment Contract Tool.

Source reference for page: Fair Work Act 2009 sections 542, 682

Tools and resources

Related information