Non Fixed Term Employment Contract Template for Australia

A Non Fixed Term Employment Contract is a permanent employment agreement that establishes an ongoing working relationship between an employer and employee in Australia. Unlike fixed-term contracts that have a predetermined end date, this document creates employment that continues indefinitely until terminated by either party according to legal requirements under the Fair Work Act 2009.

When do you need this document?

You need this contract when hiring any permanent employee in Australia, whether full-time or part-time. It's essential for establishing clear employment terms from day one, protecting both parties' rights, and ensuring compliance with Australian employment law. This document is particularly important when bringing on new team members for ongoing roles, promoting temporary workers to permanent positions, or formalizing existing employment arrangements. Without a proper employment contract, both employers and employees face unnecessary legal risks and potential disputes over terms and conditions.

Key legal considerations

Your contract must include all National Employment Standards as mandated by the Fair Work Act 2009, including annual leave, personal leave, parental leave, and maximum weekly hours. Superannuation guarantee contributions must be clearly outlined, typically at the minimum 11% rate. The contract should specify probationary periods, notice periods for termination, and any applicable award or enterprise agreement rates. Privacy clauses are essential for handling personal information under the Privacy Act 1988, while confidentiality provisions protect business interests. Include clear job descriptions, reporting relationships, and performance expectations to minimize future disputes. Workers compensation obligations and work health and safety responsibilities must also be addressed to ensure comprehensive legal coverage.

Legal requirements in Australia

Under Australian law, employment contracts must comply with the Fair Work Act 2009 and cannot provide terms less favorable than the relevant modern award or enterprise agreement. Employers must provide the Fair Work Information Statement to new employees and ensure contracts include minimum wage rates, overtime provisions, and leave entitlements. State-specific workers compensation insurance is mandatory, and superannuation contributions must commence from the first day of employment. Anti-discrimination provisions under federal legislation including the Age Discrimination Act 2004 must be reflected in hiring practices and contract terms. The contract should also address work health and safety obligations under the Work Health and Safety Act 2011, ensuring both parties understand their duties and responsibilities in maintaining a safe workplace environment.