Covering the legal requirements of entering into an employment relationship, this section has information and resources in the areas of contracts, probation and the statutory safety net.
Employment contracts
An employment contract is an agreement between an employer and an employee that sets out the rights and obligations of each party. As with any contract, the law requires certain conditions to be met before it will recognise an employment contract. Employment relationships can take on several different forms and each form will create certain rights and obligations on the parties involved. The terms of employment contracts will also vary depending on the nature of the relationship between the parties and what rights and responsibilities are sought to be created.
In developing employment contracts there are many elements an employer must consider. This section (see information sheets, guidelines and templates below) takes you through the process of writing an employment contract including developing, reviewing and making changes to a contract as well as specific elements such as post-employment restraints, disciplinary processes and identifying an employee as distinct from an independent contractor.
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Enterprise agreements
An enterprise agreement is a legal document which sets out the conditions of employment for a group of workers and their employer which has gone through a bargaining process and granted approval from the Fair Work Commission (FWC). An employer can make a statutory collective agreement, known as an enterprise agreement, with some or all of its employees. Once made and approved by the FWC, an enterprise agreement operates to the exclusion of any modern award for those employees it covers and will endure until it is terminated.
Probation
An important part of commencing an employment relationship is the probation period. This section provides guidelines and templates to support an employer in setting and using the probation period.
The statutory safety net
This section provides information on the National Employment Standards, minimum wage and modern awards which form the safety net for employees under the national workplace relations system.
Frequently asked questions
- Conditions of Employment FAQ’s
Information sheets
- What is a contract of employment
- Different types of employment contracts
- Enterprise agreements
- Terms of the employment contract
- Employment contracts and confidentiality
- Employment contracts and the disciplinary process
- Employment contracts and HR Policies
- Employment contracts and job descriptions
- Post-employment restraints
- The difference between employees and independent contractors
Guidelines
- Contract builder
- Making changes to employment contracts
- Post-employment restraint considerations
- Reviewing employment contracts
Templates
- Letter of non-renewal of contract (fixed term contract)
Checklists
- Casual Employee Checklist
Additional links
- Fair Work Commission – Making an agreement guides
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Updated February 2022
