Skip to main content
Forms Legal

Nanny Employment Contract (Australia)

Nanny Employment Contract (Australia)

Fair Work Act 2009 (Cth) — Miscellaneous Award 2020 — Superannuation Guarantee 11.5%

Made under the Fair Work Act 2009 (Cth) and the Miscellaneous Award 2020

Date: [Contract Date]

BETWEEN:

Employer: [Employer Name]

Address: [Employer Address]

Email: [Employer Email] | Phone: [Employer Phone] | ABN: [Employer ABN]

AND:

Nanny: [Nanny Name]

Address: [Nanny Address]

Email: [Nanny Email] | Phone: [Nanny Phone]

The Employer wishes to engage the Nanny to provide in-home childcare and related services at the Employer's residence, and the Nanny agrees to provide such services, on the terms and conditions set out in this contract.

1. COMMENCEMENT AND EMPLOYMENT TYPE

1.1 The Nanny's employment commences on [Start Date].

1.2 The employment type is: [Employment Type].

1.3 The Nanny's employment is subject to the Fair Work Act 2009 (Cth), the National Employment Standards (NES), and the Miscellaneous Award 2020, which sets the minimum pay rates and conditions for employees not covered by a more specific Modern Award.

1.4 The State or Territory of employment is [Work State].

2. DUTIES AND RESPONSIBILITIES

2.1 The Nanny is engaged primarily to provide in-home childcare for the following children: [Children Details].

2.2 The Nanny's duties include the following:

[Duties]

2.3 The Nanny must perform their duties diligently, competently, and in the best interests of the children in their care.

2.4 The Nanny must follow all reasonable and lawful instructions given by the Employer regarding the care of the children and the conduct of their duties.

3. HOURS OF WORK

3.1 The agreed ordinary working hours are: [Work Hours].

3.2 Overtime may be required from time to time with reasonable notice from the Employer. Overtime will be compensated at the rate of [Overtime Rate].

3.3 Any variation to the agreed working hours must be agreed in writing by both parties.

4. REMUNERATION AND SUPERANNUATION

4.1 The Nanny will be paid at the rate of [Pay Rate].

4.2 Pay will be made [Pay Frequency] by electronic funds transfer to the Nanny's nominated bank account.

4.3 Superannuation: The Employer will make superannuation contributions at the rate of 11.5% of the Nanny's ordinary time earnings (or such other rate as required under the Superannuation Guarantee (Administration) Act 1992 (Cth)) to: [Superannuation Fund]. Superannuation is payable in addition to the base pay rate.

4.4 The Employer will withhold and remit PAYG withholding tax from the Nanny's wages in accordance with the Income Tax Assessment Act 1997 (Cth). The Nanny must provide a valid Tax File Number (TFN) declaration.

4.5 The Nanny's pay rate is at or above the minimum rate applicable under the Miscellaneous Award 2020 and the National Minimum Wage Order. The Employer will ensure that the pay rate is updated in accordance with any applicable wage increases.

5. LEAVE ENTITLEMENTS

5.1 Annual Leave: [Annual Leave].

5.2 Personal / Carer's Leave: [Personal Leave].

5.3 Compassionate Leave: 2 days per occasion of bereavement or serious illness of an immediate family or household member, in accordance with the NES.

5.4 Public Holidays: The Nanny is entitled to be absent on public holidays in [Work State] in accordance with the NES. If the Nanny is required to work on a public holiday, the Employer must pay the applicable public holiday rate under the Miscellaneous Award 2020.

5.5 Long Service Leave: The Nanny will accrue long service leave in accordance with the applicable long service leave legislation in [Work State].

5.6 Parental Leave: The Nanny is entitled to unpaid parental leave of up to 12 months in accordance with the NES, with the right to request an additional 12 months.

6. NOTICE PERIOD AND TERMINATION

6.1 Either party may terminate this contract by providing [Notice Period] written notice.

6.2 The Employer may pay the Nanny in lieu of all or part of the notice period.

6.3 The Employer may terminate the Nanny's employment without notice in the case of serious misconduct in accordance with the Fair Work Act 2009 (Cth) and the Fair Work Regulations 2009.

6.4 The statutory minimum notice periods under the Fair Work Act 2009 (Cth) s 117 will apply where they provide greater entitlements than the notice period specified in clause 7.1.

6.5 Upon termination of employment, the Employer will pay to the Nanny all outstanding wages, accrued annual leave entitlements, and any other amounts required by law.

7. CONFIDENTIALITY

7.1 The Nanny must keep confidential all information relating to the Employer's family, household, children, and private affairs, both during and after the employment.

7.2 The Nanny must not post photographs or information about the children or household on any social media platform or other public forum without the prior written consent of the Employer.

7.3 The confidentiality obligation survives the termination of this contract.

8. HOUSEHOLD RULES AND ADDITIONAL REQUIREMENTS

[Additional Requirements]

9. GENERAL PROVISIONS

9.1 Fair Work Information Statement: The Employer will provide the Nanny with the Fair Work Information Statement before or as soon as practicable after the commencement of employment, in accordance with the Fair Work Act 2009 (Cth) s 125.

9.2 Right to Work: The Nanny confirms that they have the legal right to work in Australia in accordance with the Migration Act 1958 (Cth) and will provide evidence of this right upon request.

9.3 Governing Law: This contract is governed by the laws of [Work State] and the Commonwealth of Australia.

9.4 Entire Agreement: This contract sets out the entire agreement between the parties in relation to the Nanny's employment and supersedes all prior discussions, representations, and agreements.

9.5 Variation: Any variation to this contract must be agreed in writing and signed by both parties.

EXECUTED AS AN AGREEMENT

Signed by the Employer: ____________________________

Name: [Employer Name]

Date: ____________________________

Signed by the Nanny: ____________________________

Name: [Nanny Name]

Date: ____________________________

Employer

________________

Signature

Date: ________________

Nanny (Employee)

________________

Signature

Date: ________________

Maintained by Vladislav Sergienko, Founder·Template last modified: ·Report an error

What Is a Nanny Employment Contract (Australia)?

A Nanny Employment Contract in Australia records the nanny employment arrangement agreed between the parties and the specific obligations each side accepts, forming a binding agreement under the Fair Work Act 2009 (Cth). It defines duties, remuneration, working hours, leave, and termination procedures binding employer and employee.

A Nanny Employment Contract is a formal written agreement between a household employer — typically a family — and a nanny engaged to provide in-home childcare and related domestic services. In Australia, this contract establishes the legal employment relationship, sets out the terms and conditions of the nanny's engagement, and confirms both parties understand their rights and obligations under the national workplace relations framework.

### Legal Classification of Nannies Under Australian Law

One of the most important preliminary questions when engaging a nanny in Australia is whether the nanny is an **employee** or an **independent contractor**. Under the Fair Work Act 2009 (Cth), the distinction is critical because employees receive significantly greater protections, including access to the National Employment Standards (NES), Modern Award coverage, superannuation, and unfair dismissal protections.

The Fair Work Commission and Australian courts assess the true nature of the working relationship using a multi-factor test. Key indicators of an employment relationship include whether the family controls how the work is performed, whether the nanny works exclusively for one household, whether the family provides tools and equipment, and whether the nanny is integrated into the household's routine. Nannies engaged on a regular ongoing basis with set hours under the direction of a family are almost always classified as employees.

**Misclassifying an employee as an independent contractor** to avoid paying superannuation, annual leave, or personal leave is unlawful under Australian law. The Fair Work Ombudsman actively investigates sham contracting arrangements, and penalties can be substantial under Part 3-1 Division 6 of the Fair Work Act 2009 (Cth).

### Modern Award Coverage

Nannies engaged as employees are generally covered by the **Miscellaneous Award 2020** (MA000104), a Modern Award that covers employees not covered by any other industry-specific or occupation-specific Modern Award. The Miscellaneous Award sets minimum pay rates, overtime entitlements, penalty rates for weekends and public holidays, and other conditions of employment. The minimum rates under the Miscellaneous Award are reviewed and updated annually by the Fair Work Commission as part of the Annual Wage Review.

Employers must confirm the nanny's pay rate is at or above the applicable Miscellaneous Award classification rate. Paying below the Award rate constitutes a contravention of the Fair Work Act 2009 (Cth) and can result in penalties imposed by the Fair Work Ombudsman.

### National Employment Standards (NES)

As employees, nannies are entitled to the full suite of **National Employment Standards** under Part 2-2 of the Fair Work Act 2009 (Cth). These minimum entitlements include:

  • **Annual leave** — 4 weeks paid annual leave per year for full-time employees
  • **Personal/carer's leave** — 10 days paid personal/carer's leave per year
  • **Compassionate leave** — 2 days per occasion
  • **Parental leave** — up to 12 months unpaid parental leave (with a right to request an additional 12 months)
  • **Public holidays** — entitlement to be absent on public holidays
  • **Notice of termination** — minimum notice periods based on length of service under s 117
  • **Redundancy pay** — where applicable under ss 119–123

### Superannuation Obligations

Under the Superannuation Guarantee (Administration) Act 1992 (Cth), families employing a nanny must pay superannuation contributions at the applicable Superannuation Guarantee rate — **11.5% of ordinary time earnings from 1 July 2024** — in addition to the base wage. Since 1 July 2022, the $450 per month earnings threshold was abolished, meaning superannuation is payable from the first dollar for employees over 18, and for employees under 18 who work more than 30 hours per week. Contributions must be paid at least quarterly to the nanny's chosen complying superannuation fund.

### Working With Children Check Requirements

All nannies in Australia must hold a valid **Working With Children Check** (WWCC) or equivalent screening in the state or territory where they work. Requirements vary by jurisdiction — for example, in New South Wales, the check is governed by the Child Protection (Working with Children) Act 2012 (NSW); in Victoria, by the Worker Screening Act 2020 (Vic); and in Queensland, by the Working with Children (Risk Management and Screening) Act 2000 (Qld). Families should verify the nanny's WWCC status before the nanny commences employment.

A well-drafted Nanny Employment Contract protects both the family and the nanny by documenting agreed terms, confirming compliance with Australian employment law, and providing a clear framework for managing the employment relationship.

When Do You Need a Nanny Employment Contract (Australia)?

## When Do You Need a Nanny Employment Contract in Australia?

A Nanny Employment Contract is needed whenever an Australian family engages a nanny or in-home childcare worker on an ongoing basis. Whether the arrangement is full-time, part-time, or regular casual, a written contract is essential for legal compliance and the protection of both parties.

### Common Situations Requiring a Nanny Contract

  • **Engaging a full-time nanny** — A family hiring a nanny for 38 ordinary hours per week (or close to it) should formalise the arrangement with a written employment contract that complies with the Miscellaneous Award 2020 and the NES
  • **Part-time nanny arrangements** — Where a nanny works agreed reduced hours on a regular pattern, a contract specifying the guaranteed hours, days, and pay rate is essential
  • **Regular casual engagement** — Even casual nannies engaged on a regular and systematic basis should have a written agreement documenting the casual loading payable under the Miscellaneous Award 2020 (currently 25%) in lieu of paid leave entitlements
  • **Live-in nanny arrangements** — Where the nanny resides in the family home, a contract should address accommodation arrangements, hours of work boundaries, and privacy expectations
  • **Nanny-share arrangements** — When two or more families share a single nanny, each family should have a separate employment contract with the nanny, clearly defining each family's obligations

### Why a Written Contract Is Important

While the Fair Work Act 2009 (Cth) does not strictly require a written employment contract for the employment relationship to exist, a written contract is strongly recommended for the following reasons:

  • **Fair Work Information Statement** — Under s 125 of the Fair Work Act 2009 (Cth), employers must provide new employees with the Fair Work Information Statement before or as soon as practicable after employment commences. A written contract provides a natural vehicle for documenting this requirement
  • **Dispute prevention** — A written contract clearly recording agreed hours, duties, pay rates, and leave entitlements significantly reduces the risk of misunderstandings and disputes
  • **Superannuation compliance** — Documenting superannuation arrangements in the contract helps confirm the family meets its obligations under the Superannuation Guarantee (Administration) Act 1992 (Cth)
  • **Confidentiality and privacy** — A nanny has access to the family's private life, home, and personal information. A written contract with confidentiality clauses protects the family's privacy
  • **Termination clarity** — Agreed notice periods and termination procedures help both parties manage the end of the employment relationship fairly

### Transitioning an Informal Arrangement

Many families initially engage a nanny informally and later realise the need for a formal contract. It is never too late to put a written agreement in place. When formalising an existing arrangement, the contract should record the original commencement date of employment (for the purposes of calculating NES entitlements such as notice periods and leave accrual) and should not purport to override any entitlements already accrued.

### Regulatory Compliance

Families engaging nannies should also be aware of their obligations regarding **PAYG withholding** (registering as an employer with the Australian Taxation Office and withholding tax from the nanny's wages), **workers' compensation insurance** (required in most states and territories), and **record-keeping** under the Fair Work Act 2009 (Cth) and the Fair Work Regulations 2009, which require employers to keep employee records for at least seven years.

What to Include in Your Nanny Employment Contract (Australia)

## Key Elements of an Australian Nanny Employment Contract

A thorough Nanny Employment Contract should address all material terms of the employment relationship. The following elements are essential for legal compliance and practical effectiveness.

### 1. Parties and Identification

  • Full legal names and residential addresses of the employing family (the employer) and the nanny (the employee)
  • The employer's ABN (if registered) or Tax File Number for PAYG withholding purposes
  • The nanny's tax file number declaration details

### 2. Employment Type and Commencement

  • **Employment type** — full-time (38 ordinary hours per week), part-time (agreed reduced hours), or casual (no guaranteed hours, with 25% casual loading under the Miscellaneous Award 2020)
  • **Commencement date** — the date on which the nanny's employment begins
  • **Probationary period** — if applicable, typically three to six months, during which both parties assess suitability

### 3. Duties and Responsibilities

  • Detailed description of childcare duties (supervision, activities, meal preparation for children, school runs, homework assistance)
  • Any additional domestic duties related to the children (children's laundry, tidying play areas)
  • Clear boundaries on duties not included (general housekeeping, cooking for the family)
  • Number and ages of children to be cared for

### 4. Hours of Work and Roster

  • Agreed ordinary working hours and days
  • Start and finish times
  • Meal break and rest break arrangements in accordance with the Miscellaneous Award 2020
  • Overtime arrangements and rates

### 5. Remuneration

  • **Hourly rate or weekly salary** — must be at or above the applicable Miscellaneous Award 2020 minimum rate and the National Minimum Wage Order
  • **Overtime rates** — as prescribed by the Miscellaneous Award 2020
  • **Penalty rates** — for weekends, public holidays, and evening work as applicable
  • **Pay frequency** — weekly, fortnightly, or monthly
  • **Payment method** — electronic funds transfer to the nanny's nominated bank account

### 6. Superannuation

  • Contributions at **11.5% of ordinary time earnings** (from 1 July 2024) under the Superannuation Guarantee (Administration) Act 1992 (Cth)
  • The nanny's chosen complying superannuation fund
  • Quarterly payment obligations

### 7. Leave Entitlements

  • **Annual leave** — 4 weeks paid per year (pro-rata for part-time), accruing progressively
  • **Personal/carer's leave** — 10 days paid per year
  • **Compassionate leave** — 2 days paid per occasion
  • **Parental leave** — up to 12 months unpaid under the Fair Work Act 2009 (Cth)
  • **Public holidays** — entitlement to be absent with pay on gazetted public holidays
  • **Long service leave** — as provided by applicable state or territory legislation

### 8. Working With Children Check

  • Requirement to hold and maintain a current valid WWCC in the relevant state or territory
  • Obligation to notify the employer immediately if the WWCC is revoked or suspended

### 9. Confidentiality and Privacy

  • Obligation to maintain confidentiality of all family information, routines, security arrangements, and personal details
  • Prohibition on posting photographs or information about the children on social media without written consent
  • Obligations surviving termination of employment

### 10. Driving and Transport

  • Whether the nanny is required to transport children
  • Valid Australian driver's licence requirements
  • Vehicle arrangements (family vehicle provided or nanny's own vehicle with mileage reimbursement)
  • Insurance requirements

### 11. Notice of Termination

  • Minimum notice periods in accordance with s 117 of the Fair Work Act 2009 (Cth) based on length of continuous service
  • Right to pay in lieu of notice
  • Grounds for summary dismissal for serious misconduct under reg 1.07 of the Fair Work Regulations 2009

### 12. Dispute Resolution

  • Internal dispute resolution procedure
  • Reference to the Fair Work Commission for unresolved disputes
  • Right to seek assistance from the Fair Work Ombudsman

Under the Fair Work Act 2009 (Cth), the Fair Work Commission (FWC) adjudicates workplace disputes. Section 394 of the Fair Work Act 2009 governs unfair dismissal claims. The Fair Work Ombudsman (FWO) enforces compliance with the National Employment Standards (NES). The Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs) govern personal data handling. The Australian Taxation Office (ATO) administers PAYG withholding and superannuation guarantee obligations under the Superannuation Guarantee (Administration) Act 1992. The forms-legal.com Nanny Employment Contract (Australia) template covers the mandatory elements under Fair Work Act 2009 (Cth).

Cite this page

Reference this free template in an article, syllabus, or research note:

APA

Forms Legal. (2026). Nanny Employment Contract (Australia) (Australia) [Legal document template]. Forms Legal. https://forms-legal.com/australia/employment/contracts/au-nanny-contract

MLA

"Nanny Employment Contract (Australia) (Australia)." Forms Legal, 2026, https://forms-legal.com/australia/employment/contracts/au-nanny-contract.

BibTeX
@misc{formslegal-au-nanny-contract,
  author       = {{Forms Legal}},
  title        = {Nanny Employment Contract (Australia) (Australia)},
  year         = {2026},
  howpublished = {\url{https://forms-legal.com/australia/employment/contracts/au-nanny-contract}},
  note         = {Free legal document template. Based on Fair Work Act 2009 (Cth)}
}

Also available for these jurisdictions:

United StatesUnited StatesCanadaCanadaUnited KingdomUnited Kingdom

Frequently Asked Questions

Based on Fair Work Act 2009 (Cth) — Template last modified June 2026Verify the source →

This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer

Found an error? Let us know

Related Documents

You may also find these documents useful:

Employment Offer Letter (Australia)

An Australian Employment Offer Letter is a formal written document issued by an employer to a successful job applicant, setting out the key terms and conditions of the proposed employment relationship. It serves as the foundation for the employment contract and, once accepted by the applicant, creates a binding agreement between the parties. This template is drafted in accordance with the Fair Work Act 2009 (Cth), the National Employment Standards (NES), the Superannuation Guarantee (Administration) Act 1992 (Cth), and the Fair Work Information Statement (FWIS) requirements. What is an Employment Offer Letter? An Employment Offer Letter (also known as a letter of offer, a job offer letter, or an engagement letter) is a written communication from an employer offering a candidate a position of employment. It typically includes the job title, department, reporting line, commencement date, remuneration, leave entitlements, probationary period, notice period, and any special conditions of the offer. Once signed and returned by the applicant, the letter of offer — together with any accompanying employment agreement — forms the written employment contract. Under Australian law, an employment relationship can arise from an oral agreement, but a written offer letter significantly reduces the risk of disputes about the agreed terms. When is an Employment Offer Letter Needed? An Employment Offer Letter is needed whenever an Australian employer wishes to offer a candidate a position of employment, whether full-time, part-time, fixed-term, or casual. It is best practice to issue a written offer letter in all cases, regardless of employment type, to ensure that both parties have a clear record of the agreed terms before employment commences. Key Elements of an Australian Employment Offer Letter A comprehensive Australian Employment Offer Letter should include the following key elements: 1. Employer details: Full legal name and ABN of the employer. The ABN is required for superannuation and payroll tax purposes. 2. Applicant details: Full name, address, email, and phone number of the successful candidate. 3. Position details: Job title, department, employment type (full-time, part-time, fixed-term, or casual), reporting manager, primary work location, and the applicable Modern Award or enterprise agreement (or confirmation that the employee is award/agreement-free). 4. Commencement date: The proposed start date of employment. 5. Probationary period: The length of any probationary period. Under the Fair Work Act 2009 (Cth) s 383, the minimum employment period for unfair dismissal purposes is 6 months from commencement for most employers (or 12 months for small business employers with fewer than 15 employees). A 6-month probationary period aligns with this threshold. 6. Remuneration: The annual base salary or ordinary rate of pay, payment frequency, and superannuation arrangements. Superannuation at 11.5% of ordinary time earnings is compulsory under the Superannuation Guarantee (Administration) Act 1992 (Cth). The rate will increase to 12% from 1 July 2025. All employees must be paid at least the National Minimum Wage or the applicable Modern Award minimum rate. 7. Performance bonus or incentive (if applicable): Details of any discretionary or contractual bonus or commission arrangement. 8. Leave entitlements: Under the National Employment Standards (NES) in Part 2-2 of the Fair Work Act 2009 (Cth), all full-time and part-time employees are entitled to a minimum of 4 weeks of paid annual leave, 10 days of paid personal/carer's leave, 2 days compassionate leave per occasion, community service leave, unpaid parental leave of up to 12 months (with the right to request a further 12 months), and the right to take public holidays. 9. Long service leave: Accrues under the applicable state or territory long service leave legislation and varies across New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory, and the Northern Territory. 10. Notice period: The notice required by either party to terminate the employment relationship. Must not be less than the statutory minimums under the Fair Work Act 2009 (Cth) s 117. 11. Additional benefits: Any benefits offered above the statutory minimum, such as equipment, flexible working, professional development, or health insurance. 12. Pre-employment conditions: Any conditions that must be satisfied before the employment commences, such as right-to-work verification, police checks, or reference checks. Employers must verify an employee's right to work in Australia under the Migration Act 1958 (Cth). 13. Fair Work Information Statement: Under the Fair Work Act 2009 (Cth), employers must provide the FWIS to all new employees before or as soon as practicable after commencement. 14. Acceptance mechanism: A clear statement of the offer expiry period and how the applicant should accept the offer. This template is suitable for use across all Australian states and territories, including New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory, and the Northern Territory.

Full-Time Employment Agreement (Australia)

Create a legally compliant Full-Time Employment Agreement for Australia. Drafted in accordance with the Fair Work Act 2009 (Cth), the National Employment Standards (NES), and Superannuation Guarantee requirements. Covers position, duties, salary, superannuation at 11.5%, 38-hour week, annual leave (4 weeks), personal/carer's leave (10 days), long service leave, notice periods, probation, confidentiality, and intellectual property assignment.

Non-Disclosure Agreement (NDA) (Australia)

Protect your confidential business information under Australian common law with a legally sound Non-Disclosure Agreement (NDA). Whether you are sharing trade secrets with a prospective partner, disclosing proprietary technology to a developer, or presenting financial projections to a potential investor, a properly drafted Australian NDA keeps your sensitive information under strict legal protection. Our template complies with Australian contract law principles and includes provisions addressing the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

Independent Contractor Agreement (Australia)

Create a legally compliant Independent Contractor Agreement for Australia. Covers ABN requirements, sham contracting protections, GST, IP ownership, WHS obligations, and the multi-factor contractor test under Fair Work Act 2009. Suitable for all states and territories including NSW, VIC, QLD, WA, SA, and ACT.

Termination Letter (Australia)

An Australian Termination Letter is a formal written notice issued by an employer to inform an employee that their employment is being terminated. Under the Fair Work Act 2009 (Cth), employers must provide written notice of termination, comply with minimum notice period requirements, pay all outstanding entitlements, and observe procedural fairness to avoid unfair dismissal liability. This document is drafted in accordance with the National Employment Standards (NES) under Part 2-2 of the Fair Work Act 2009 (Cth) and the Superannuation Guarantee (Administration) Act 1992 (Cth). What is an Australian Termination Letter? A Termination Letter (also called a notice of termination of employment, a dismissal letter, or a separation notice) is a written document that formally ends the employment relationship. It is required under the Fair Work Act 2009 (Cth) s 117, which provides that an employer must not terminate an employee's employment unless the employer has given the employee written notice of the day of termination, or has paid the employee in lieu of the notice period. For employees who have completed a minimum employment period (generally six months, or one year for small business employers with fewer than 15 employees under s 383), failure to follow the correct dismissal process can lead to an unfair dismissal application to the Fair Work Commission. When is a Termination Letter Required? An Australian Termination Letter is required in the following situations: when an employer terminates an employee for cause (misconduct or unsatisfactory performance), when an employer terminates employment without cause (no-fault termination), at the end of a probationary period, where a position is being eliminated but the termination does not constitute a genuine redundancy under s 389, and in any other situation where the employment relationship is ended by the employer's initiative. For genuine redundancies, a Redundancy Letter should be used instead. Where serious misconduct justifies summary dismissal (under the Fair Work Regulations 2009 reg 1.07), no notice period is required, but a written record of the dismissal is still strongly recommended. Key Elements of an Australian Termination Letter A compliant Australian Termination Letter should include the following elements: 1. Employer and employee identification: Full legal names, entity type (e.g. Pty Ltd), job titles, department, and commencement date. 2. Type of termination: Whether the termination is for cause (misconduct or performance), serious misconduct (summary dismissal), no-fault, or end of probation. 3. Reason for termination: A clear factual explanation of the reason for termination. The Fair Work Act 2009 (Cth) s 387(a) requires that, to avoid an unfair dismissal finding, the reason for dismissal must be sound, defensible, and well-founded. 4. Notice period: The applicable notice period under the Fair Work Act 2009 (Cth) s 117, calculated on the basis of continuous service. A five-week minimum applies to employees aged 45 or over with at least two years of continuous service. 5. Notice arrangement: Whether the employee will work out the notice period or receive a payment in lieu of notice (PILON). 6. Final pay entitlements: Wages to the termination date, accrued but unused annual leave (which must be paid out on termination under the NES), any applicable long service leave, and payment in lieu of notice. 7. Superannuation: Superannuation contributions at the applicable Superannuation Guarantee rate under the Superannuation Guarantee (Administration) Act 1992 (Cth) must be paid on all ordinary time earnings in the final pay period. 8. Redundancy pay (where applicable): Employees with at least one year of continuous service who are made genuinely redundant are entitled to redundancy pay under the Fair Work Act 2009 (Cth) s 119. 9. Return of company property: A list of company property the employee must return, with a deadline. 10. Continuing obligations: A reminder that post-employment confidentiality, non-disclosure, and restraint of trade obligations continue to apply. 11. Fair Work rights: Information about the employee's right to lodge an unfair dismissal or general protections application within 21 days of the dismissal taking effect. This template is suitable for use across all Australian states and territories — New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory, and the Northern Territory — for employers in the national workplace relations system.