Ongoing Employment Contract Template for Australia

An ongoing employment contract is a permanent employment agreement that establishes the legal relationship between an employer and employee in Australia. Unlike fixed-term contracts, these agreements continue indefinitely until terminated by either party according to the terms specified and applicable employment laws. You'll use this document to formalise permanent hiring arrangements while ensuring compliance with Australian employment legislation.

When do you need this document?

You need an ongoing employment contract when hiring permanent full-time or part-time employees for your Australian business. This includes situations where you're converting casual employees to permanent positions, hiring new staff for ongoing roles, or updating existing employment arrangements to reflect current legal requirements. The contract is essential for roles where you expect the employment relationship to continue indefinitely, whether for executive positions, skilled workers, or general staff members. You'll also need this document when establishing employment relationships that require security clearances, professional development investments, or long-term business planning commitments.

Key legal considerations

Your ongoing employment contract must comply with the National Employment Standards under the Fair Work Act 2009, which sets minimum entitlements for all employees. Critical clauses include probationary periods, notice requirements for termination, confidentiality obligations, and intellectual property assignments. You must ensure the contract doesn't contain terms less favourable than applicable modern awards or enterprise agreements. Include clear provisions for salary review processes, performance management, and disciplinary procedures. Consider including restraint of trade clauses carefully, as Australian courts scrutinise these provisions strictly and will only enforce them if they protect legitimate business interests and are reasonable in scope and duration.

Legal requirements in Australia

Under the Fair Work Act 2009, you must provide employees with a Fair Work Information Statement before or as soon as possible after they start work. Your contract must comply with minimum wage rates set by the Fair Work Commission and cannot exclude or modify National Employment Standards, which include maximum weekly hours, annual leave, personal leave, and public holidays. You're required to make superannuation contributions under the Superannuation Guarantee (Administration) Act 1992 for eligible employees. The contract must also comply with work health and safety obligations under the Work Health and Safety Act 2011, privacy requirements under the Privacy Act 1988, and anti-discrimination laws. State-specific requirements may apply depending on your jurisdiction, particularly regarding long service leave entitlements and workers' compensation obligations.