Evergreen Employment Contract Template for Australia

An Evergreen Employment Contract is a comprehensive legal agreement that establishes permanent, ongoing employment relationships in Australia. Unlike fixed-term contracts, this evergreen agreement continues indefinitely until terminated by either party in accordance with the contract terms and Australian employment law. You'll need this document when hiring permanent employees, as it provides legal certainty and ensures compliance with federal and state employment legislation.

When do you need this document?

You should use an Evergreen Employment Contract when establishing any permanent employment relationship in Australia. This includes hiring new permanent staff members, converting casual or fixed-term employees to permanent positions, or formalising existing employment arrangements that lack proper documentation. The contract is particularly important for senior roles, specialised positions, or when specific terms beyond standard awards need to be documented. You'll also need this agreement when relocating employees between states, as it ensures consistent application of employment terms while maintaining compliance with varying state-based legislation.

Key legal considerations

Your Evergreen Employment Contract must comply with the Fair Work Act 2009 and cannot provide terms less favourable than the National Employment Standards or applicable modern awards. Key clauses should address probation periods (typically 3-6 months), notice periods for termination, confidentiality obligations, and intellectual property ownership. You must include superannuation guarantee obligations under the Superannuation Guarantee (Administration) Act 1992, ensuring minimum 11% contributions. The contract should specify work health and safety responsibilities under the Work Health and Safety Act 2011, and address privacy obligations for handling employee personal information under the Privacy Act 1988. Anti-discrimination clauses must reflect both federal and relevant state legislation to prevent unlawful workplace discrimination.

Legal requirements in Australia

Under Australian law, your employment contract must meet minimum standards set by the Fair Work Act 2009, including maximum ordinary hours of work (38 hours per week), minimum wage entitlements, and leave provisions. You must specify the employee's classification under the relevant modern award or enterprise agreement, ensuring pay rates meet or exceed minimum standards. The contract must outline termination procedures, including minimum notice periods based on length of service and employee age. For employees over 45 with more than two years' service, additional notice requirements apply. You're required to provide written terms of employment within a reasonable time, and any contract variations must be genuinely agreed upon by both parties. State-based workers' compensation and long service leave entitlements must also be acknowledged, as these vary between jurisdictions and supplement federal requirements.