Employment Contract in Australia: Template, Clauses and Local Law (2026)

What is an Australian employment contract, and what does the law require? An Australian employment contract sets the terms between an employer and an employee, but it sits inside a strong statutory floor. The Fair Work Act 2009 and the National Employment Standards (NES) set minimum entitlements that a contract cannot undercut, and most employees are also covered by a modern award or an enterprise agreement that sets minimum pay and conditions for their industry or role. A contract can offer more than these minimums, never less. Because of that floor, the contract's job is to record the role, pay and specific terms, while the NES, the award and superannuation law supply the baseline. Employers must also give every new employee the Fair Work Information Statement, and casuals the Casual Employment Information Statement. This article is general guidance, not legal advice. Pay rates and award terms change every year, so confirm the current position with the Fair Work Ombudsman before you rely on any figure. Last verified October 2026. ## Australian employment contract template Copy the block below and fill the bracketed fields. ```

EMPLOYMENT CONTRACT This Employment Contract is made on [DATE] BETWEEN: [COMPANY NAME] [ABN], of [address] ("Employer") AND [EMPLOYEE NAME], of [address] ("Employee") 1. POSITION AND TYPE The Employer employs the Employee as [JOB TITLE] on a [full-time / part-time / casual / fixed-term] basis, reporting to [ROLE]. 2. AWARD OR AGREEMENT This role is [covered by the [NAME] Award / covered by the [NAME] enterprise agreement / award-free]. Where an award or agreement applies, its terms prevail over any less favourable term here. 3. START DATE AND PROBATION Employment begins on [START DATE]. A [N]-month probation (minimum employment period) applies. [For casuals: employment is on an as-needed basis with no guaranteed hours.] 4. HOURS Ordinary hours are [hours] per week. The NES caps ordinary hours at 38 per week plus reasonable additional hours. 5. PAY The Employer will pay [$AMOUNT per year / $RATE per hour], paid [schedule]. Pay will not be less than the applicable award or national minimum wage. [Casual loading of 25% applies to casual employees.] 6. SUPERANNUATION The Employer will pay superannuation contributions at the rate required by law (12% of ordinary time earnings) to the Employee's chosen fund. 7. LEAVE Leave follows the NES: paid annual leave, personal/carer's leave, compassionate leave, parental leave, long service leave as applicable, and public holidays. 8. CONFIDENTIALITY AND IP The Employee will keep the Employer's confidential information secret, and work created in the course of employment belongs to the Employer. 9. NOTICE AND TERMINATION Either party may end the employment on the notice required by the NES and this contract, being [N weeks]. The Employer may dismiss without notice for serious misconduct. 10. POST-EMPLOYMENT RESTRAINTS [Non-solicitation of clients and staff for [N] months. Any restraint must be reasonable to be enforceable; see note below.] 11. GOVERNING LAW This contract is governed by the law of [State/Territory] and the Commonwealth of Australia. Signed for the Employer: __________ Employee: __________ Name / position / date Name / date

- **Hours (clause 4).** The NES sets maximum weekly hours at 38 for a full-time employee, plus reasonable additional hours. Part-time hours should be set out clearly.
- **Pay (clause 5).** Pay must be at least the award rate or, if award-free, the national minimum wage, which rose to A$24.95 per hour (A$948 per 38-hour week) from 1 July 2025 under the Annual Wage Review. Confirm the current rate, as it is reviewed every year. Casual employees get a loading, commonly 25 percent, instead of paid leave. <!-- [VERIFY: confirm current national minimum wage from the Fair Work Commission 2026 Annual Wage Review; sources differ] --> Last verified October 2026.
- **Superannuation (clause 6).** The Superannuation Guarantee rate is 12 percent of ordinary time earnings from 1 July 2025 and remains 12 percent for 2026. From 1 July 2026, Payday Super requires super to be paid each pay cycle rather than quarterly. <!-- [VERIFY: confirm Payday Super commencement date and detail with the ATO] --> Last verified October 2026.
- **Notice (clause 9).** Minimum notice is set by the NES and rises with length of service, with an extra week for employees over 45 with at least two years of service. A contract can give more notice but not less. ## Common mistakes to avoid - Paying only the contract rate when a modern award sets a higher minimum.
- Forgetting to give the Fair Work Information Statement, and the Casual Employment Information Statement to casuals.
- Trying to contract out of an NES entitlement; you cannot.
- Treating a worker as casual while giving them a firm, ongoing roster, which can lead to casual conversion rights.
- A post-employment restraint that is wider than reasonable, which courts may refuse to enforce. ## A note on jurisdiction and current law - **The statutory floor.** The NES sets ten minimum entitlements that override any contract term that is less favourable. Awards and enterprise agreements add industry minimums on top.
- **Information statements.** Employers must give every new employee the Fair Work Information Statement before or as soon as possible after they start, and casuals must also get the Casual Employment Information Statement, which must be re-issued at set points.
- **Casual employment.** A statutory definition of casual employment and casual conversion pathways apply under the Fair Work Act. Confirm the current rules, as this area changed under recent reforms. <!-- [VERIFY: confirm current casual definition and conversion rules with the Fair Work Ombudsman] -->
- **Post-employment restraints.** State law governs restraints of trade. Courts enforce them only so far as they are reasonable to protect a legitimate business interest. A proposed reform to limit non-competes for lower-paid workers has been discussed; confirm the current position. <!-- [VERIFY: status of proposed non-compete reforms for low-income workers] --> Last verified October 2026. ## Where a contract workspace helps A template gets you a sound Australian employment contract. The ongoing work is keeping terms consistent across every hire, making sure each contract reflects the right modern award, pay rate and National Employment Standards entitlements, and keeping signed versions and key dates straight as the team grows. A single AI workspace tuned to how your company hires can hold that drafting, review and tracking together, so the award, pay rate and NES entitlements stay aligned across every Australian hire and edits are made in plain English. [Adira](https://adiralaw.com) is one workspace of that kind for Australian hiring. This template alone is enough to put a fair Australian contract in place.