This Full Time Employment Contract template is designed for Australian employers to formalize employment relationships with permanent full-time employees. It serves as a crucial legal document that outlines the rights, responsibilities, and obligations of both employer and employee while ensuring compliance with Australian employment law, particularly the Fair Work Act 2009 and National Employment Standards. The contract is suitable for use across various industries and can be adapted for different position levels, from entry-level to executive roles. It includes all mandatory provisions required by Australian law and common law principles, such as position details, remuneration, working hours, leave entitlements, and termination provisions, while allowing for customization based on specific industry awards or enterprise agreements.
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1. Parties: Identification of the employer and employee with full legal names and addresses
2. Background: Brief context about the employment relationship and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the contract
4. Position and Duties: Job title, role description, reporting relationships, and key responsibilities
5. Commencement and Term: Start date, employment status, and probationary period details
6. Location and Hours of Work: Primary work location and standard working hours
7. Remuneration: Base salary, superannuation, payment frequency, and review provisions
8. Leave Entitlements: All leave types including annual, personal/carer's, long service, and other statutory leave
9. Company Policies: Reference to and incorporation of workplace policies and procedures
10. Confidentiality: Obligations regarding confidential information and intellectual property
11. Termination: Notice periods and grounds for termination
12. Post-Employment Obligations: Return of company property and ongoing obligations
13. General Provisions: Governing law, entire agreement, and variation clauses
1. Restraint of Trade: Non-compete and non-solicitation provisions, typically for senior roles or client-facing positions
2. Commission/Bonus Structure: Details of performance-based compensation, if applicable
3. Share Options/Equity: Terms of any share or equity arrangements, typically for executive positions
4. Flexible Working Arrangements: Specific provisions for remote work or flexible hours if offered
5. International Travel: Terms relating to international travel requirements and allowances
6. Motor Vehicle Allowance: Terms of any vehicle allowance or company car provision
7. Professional Development: Provisions for training, education, and professional memberships
8. Gardening Leave: Provisions for placing employee on paid leave during notice period, typically for senior roles
1. Schedule 1 - Position Description: Detailed position description including key responsibilities and performance indicators
2. Schedule 2 - Remuneration Details: Comprehensive breakdown of salary package including allowances and benefits
3. Schedule 3 - Company Policies List: List of applicable company policies referenced in the agreement
4. Schedule 4 - Restraint Provisions: Detailed restraint of trade terms including geographic and temporal restrictions
5. Appendix A - Fair Work Information Statement: Mandatory information statement required under Fair Work Act
6. Appendix B - Superannuation Information: Details of superannuation fund and contribution arrangements
Is a full time employment contract legally binding in Australia?
Yes, a full time employment contract is legally binding in Australia once both parties sign it. The contract must comply with the Fair Work Act 2009 and National Employment Standards to be enforceable. Even if certain terms are missing, the employment relationship is still governed by federal workplace laws and applicable awards or enterprise agreements.
Do I need a lawyer to create a full time employment contract in Australia?
While not legally required, consulting an employment lawyer is recommended for complex roles or unique circumstances. For standard positions, a well-drafted template that complies with the Fair Work Act 2009 and National Employment Standards is usually sufficient. Legal advice becomes more important for senior executive roles, restrictive covenants, or businesses with specific compliance requirements.
Can I hire someone full time in Australia without a written employment contract?
Yes, but it's not recommended as it creates legal risks for both parties. Under Australian law, an employment relationship exists regardless of whether there's a written contract, but having one protects both employer and employee rights. The Fair Work Act still applies, but disputes about terms and conditions become much harder to resolve without written documentation.
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