Interactive Tool
Employment Contract Checklist
Check off every clause that should be in an Australian employment contract. Covers the Fair Work Act 2009, National Employment Standards, and Modern Award requirements.
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Employment Contract FAQs
While there is no strict legal requirement for a written contract, the Fair Work Act 2009 requires employers to provide employees with a Fair Work Information Statement and key terms of employment in writing. A written contract is strongly recommended as it protects both parties and reduces the risk of disputes. Without one, implied terms and the applicable Modern Award or NES will govern the relationship.
No. Different employment types have different entitlements and obligations. Casual employees, for example, are entitled to a casual loading instead of paid leave and must receive a Casual Employment Information Statement. Part-time employees need guaranteed minimum hours documented. Using the wrong contract type can result in underpayment claims and Fair Work penalties.
An employment contract cannot provide terms and conditions that are less favourable than the applicable Modern Award or the National Employment Standards (NES). If your contract sets a pay rate below the award minimum or excludes an NES entitlement, the award or NES prevails, and you may be liable for underpayment.
Employment contracts should be reviewed whenever there is a change to the applicable Modern Award, a change in legislation (such as new NES entitlements), a change to the employee role or terms of employment, or at minimum every 12 months. The Fair Work Commission updates Modern Awards annually, so regular review is essential.
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