Full-Time Employment Agreement (Australia)
Fair Work Act 2009 (Cth) — National Employment Standards
This Full-Time Employment Agreement (the “Agreement”) is made and entered into between:
[Employer Name] (ABN/ACN: [Employer ABN]), of [Employer Address], [Employer City] [Employer State] [Employer Postcode] (the “Employer”); and
[Employee Name], of [Employee Address], [Employee City] [Employee State] [Employee Postcode] (the “Employee”).
Together referred to as the “Parties”.
1. COMMENCEMENT AND EMPLOYMENT STATUS
1.1 The Employee’s employment commences on [Commencement Date].
1.2 The Employee is engaged as a full-time permanent employee of the Employer.
1.3 Prior to or on the commencement date, the Employer will provide the Employee with a copy of the Fair Work Information Statement (FWIS) as required by section 125 of the Fair Work Act 2009 (Cth).
1.4 This Agreement is subject to the Fair Work Act 2009 (Cth), the National Employment Standards (NES), and any applicable Modern Award or enterprise agreement. To the extent of any inconsistency, the NES prevails.
2. POSITION, DUTIES AND PLACE OF WORK
2.1 The Employee is engaged in the position of [Job Title], within the [Department] division of the Employer.
2.2 The Employee’s primary place of work is [Place of Work]. The Employer may, on reasonable notice, require the Employee to perform duties at other locations as reasonably required by the business.
2.3 The Employee’s key duties and responsibilities include:
[Duties Summary]
2.4 The Employer may, from time to time, reasonably vary the Employee’s duties and responsibilities, provided such variation does not result in a fundamental change to the nature of the role.
2.5 The Modern Award applicable to this position is: [Modern Award].
3. PROBATION PERIOD
3.1 The Employee’s employment is subject to a probation period of [Probation Period] commencing on the commencement date.
3.2 During the probation period, either party may terminate this Agreement on one (1) week’s written notice, or payment in lieu of notice.
3.3 The Employer will conduct a formal performance review at or near the end of the probation period. Satisfactory completion of the probation period will be confirmed in writing.
3.4 The Employee’s period of continuous service for the purposes of unfair dismissal protections under Part 3-2 of the Fair Work Act 2009 (Cth) begins on the commencement date.
4. HOURS OF WORK
4.1 The Employee’s ordinary hours of work are [Ordinary Hours], in accordance with section 62 of the Fair Work Act 2009 (Cth), which sets a maximum of 38 ordinary hours per week for full-time employees.
4.2 The Employee’s usual working pattern is [Working Days].
4.3 The Employee may be required to work reasonable additional hours beyond 38 hours per week where this is reasonable in all the circumstances, having regard to the factors set out in section 62(3) of the Fair Work Act 2009 (Cth). The Employee may refuse to work additional hours if they are unreasonable.
4.4 Overtime entitlements (if any) are governed by the applicable Modern Award or enterprise agreement.
5. REMUNERATION
5.1 The Employer will pay the Employee a base salary of [Salary] per annum (gross, before tax), payable [Pay Frequency] in arrears by direct bank transfer to the Employee’s nominated bank account.
5.2 The base salary satisfies or exceeds all applicable minimum wage and Modern Award rates, including any penalty rates, allowances, or loadings that may otherwise apply under the applicable Modern Award to the Employee’s ordinary hours of work.
5.3 The Employer will deduct income tax and any other required statutory deductions from the Employee’s remuneration in accordance with the Income Tax Assessment Act 1997 (Cth) and related legislation.
5.4 The Employee’s remuneration will be reviewed annually, and any adjustments will be made at the Employer’s discretion, subject to applicable minimum wage orders issued by the Fair Work Commission.
6. SUPERANNUATION
6.1 The Employer will make superannuation contributions on behalf of the Employee in accordance with the Superannuation Guarantee (Administration) Act 1992 (Cth) and the right to superannuation under the National Employment Standards (as inserted by the Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023).
6.2 The current Superannuation Guarantee contribution rate is 11.5% of the Employee’s ordinary time earnings. This rate is subject to increase in accordance with the schedule legislated under the Superannuation Guarantee (Administration) Act 1992 (Cth).
6.3 Contributions will be made to: [Super Fund], or such other complying superannuation fund as nominated by the Employee under the Superannuation Legislation Amendment (Choice of Superannuation Funds) Act 2004 (Cth). If the Employee does not nominate a fund, contributions will be directed to the Employee’s stapled fund (if any) or the Employer’s default fund.
7. LEAVE ENTITLEMENTS
7.1 Annual Leave: The Employee is entitled to 4 weeks of paid annual leave per year of service, as prescribed by section 87 of the Fair Work Act 2009 (Cth). Annual leave accrues progressively during each year of service and accumulates from year to year. The taking of annual leave is by mutual agreement between the Parties.
7.2 Personal/Carer’s Leave: The Employee is entitled to 10 days of paid personal/carer’s leave per year of service, as prescribed by section 96 of the Fair Work Act 2009 (Cth). This leave may be used for personal illness or injury, or to provide care or support to an immediate family or household member who is ill, injured, or affected by an unexpected emergency.
7.3 Compassionate Leave: The Employee is entitled to 2 days of paid compassionate leave on each occasion a member of the Employee’s immediate family or household: (a) contracts or develops a personal illness that poses a serious threat to their life; (b) sustains a personal injury that poses a serious threat to their life; or (c) dies (s104 Fair Work Act 2009 (Cth)).
7.4 Parental Leave: The Employee is entitled to up to 12 months of unpaid parental leave, with the right to request a further 12 months, as prescribed by Part 2-2 Division 5 of the Fair Work Act 2009 (Cth). The Employee may also be eligible for the Government-funded Paid Parental Leave scheme.
7.5 Long Service Leave: The Employee is entitled to long service leave in accordance with the applicable long service leave legislation of [Governing State].
7.6 Community Service Leave: The Employee is entitled to unpaid community service leave for jury duty, emergency management activities, and other eligible community service activities, in accordance with Part 2-2 Division 8 of the Fair Work Act 2009 (Cth).
7.7 Public Holidays: The Employee is entitled to a paid day off on each public holiday applicable in [Employer State], in accordance with section 114 of the Fair Work Act 2009 (Cth).
8. NOTICE OF TERMINATION
8.1 Either party may terminate this Agreement by providing written notice as follows:
- Employer to Employee: [Employer Notice Period], or payment in lieu of notice at the Employer’s election.
- Employee to Employer: [Employee Notice Period].
8.2 The notice periods above are subject to the minimum periods prescribed by section 117 of the Fair Work Act 2009 (Cth), which are based on the Employee’s period of continuous service. If the Employee is over 45 years of age and has completed at least two years of continuous service, the Employee is entitled to one additional week’s notice from the Employer.
8.3 The Employer may, at its discretion, pay the Employee in lieu of all or part of any notice period. During any notice period, the Employee must continue to perform their duties and must not undertake any action detrimental to the Employer’s interests.
8.4 Nothing in this clause affects the Employer’s right to terminate the Employee’s employment summarily for serious misconduct in accordance with the Fair Work Act 2009 (Cth).
8.5 Redundancy Pay: If the Employer terminates the Employee’s employment due to genuine redundancy, the Employee will be entitled to redundancy pay in accordance with section 119 of the Fair Work Act 2009 (Cth), based on their period of continuous service.
9. CONFIDENTIALITY
9.1 During and after the employment, the Employee must not disclose to any person or entity any Confidential Information belonging to the Employer without the Employer’s prior written consent.
9.2 “Confidential Information” means all non-public information relating to the Employer’s business, including: [Confidential Info].
9.3 The Employee’s obligation of confidentiality continues for [Confidentiality Period] after the termination of employment for any reason.
9.4 The obligation of confidentiality does not apply to information that is or becomes publicly available through no fault of the Employee, or that the Employee is required to disclose by law or court order.
10. GENERAL PROVISIONS
10.1 Policies and Procedures: The Employee must comply with all reasonable workplace policies, procedures, and codes of conduct implemented by the Employer from time to time. Current policies are available from the Employer and do not form part of this Agreement.
10.2 Workplace Health and Safety: The Employee must comply with all work health and safety obligations under the Work Health and Safety Act applicable in [Governing State], and must take reasonable care for their own health and safety and the health and safety of others who may be affected by their acts or omissions.
10.3 Entire Agreement: This Agreement, together with any attached position description, constitutes the entire agreement between the Parties with respect to the employment relationship and supersedes all prior representations, agreements, and understandings.
10.4 Governing Law: This Agreement is governed by the laws of [Governing State] and the Commonwealth of Australia. The Parties submit to the exclusive jurisdiction of the courts of [Governing State] and the Federal Court of Australia.
10.5 Variation: Any variation to this Agreement must be in writing and signed by both Parties.
10.6 Severability: If any provision of this Agreement is invalid, illegal, or unenforceable, that provision is severed from the Agreement. The remaining provisions continue in full force and effect.
11. NATIONAL EMPLOYMENT STANDARDS NOTICE
11.1 This Agreement is subject to and does not exclude, restrict, or modify any entitlement under the National Employment Standards (NES) set out in Part 2-2 of the Fair Work Act 2009 (Cth). Any term of this Agreement that purports to exclude or reduce an NES entitlement is of no effect to the extent of that inconsistency (s55 Fair Work Act 2009 (Cth)).
IN WITNESS WHEREOF, the Parties have executed this Full-Time Employment Agreement on the date last signed below.
SIGNED for and on behalf of the EMPLOYER:
Employer: [Employer Name]
ABN/ACN: [Employer ABN]
Address: [Employer Address], [Employer City] [Employer State] [Employer Postcode]
SIGNED by the EMPLOYEE:
Employee: [Employee Name]
Address: [Employee Address], [Employee City] [Employee State] [Employee Postcode]
Employer / Authorised Signatory
________________
Signature
Date: ________________
Employee
________________
Signature
Date: ________________
What Is a Full-Time Employment Agreement (Australia)?
A Full-Time Employment Agreement (Australia) is a legally binding contract between an employer and an employee engaged on a permanent, ongoing basis to work ordinary hours of up to 38 hours per week. In Australia, all employment contracts — regardless of whether they are written or verbal — operate against the backdrop of the Fair Work Act 2009 (Cth) and the National Employment Standards (NES), which establish the minimum entitlements that every national system employee is entitled to receive.
The Fair Work Act 2009 (Cth) is the primary federal legislation governing employment in Australia. It established the NES as a set of 11 non-excludable minimum entitlements, created the Fair Work Commission to set minimum wages and Modern Awards, and established unfair dismissal and general protections regimes. Most private sector employees in Australia — and employees in the Australian Capital Territory, the Northern Territory, and Victoria — are national system employees and are covered by the Fair Work Act.
A well-drafted full-time employment agreement serves several important functions. It clearly documents the terms and conditions of employment, reducing the risk of disputes. It confirms the salary or wage and confirms compliance with applicable Modern Award rates. It addresses the employer's obligations regarding superannuation, leave entitlements, and notice of termination. It protects the employer's legitimate business interests through confidentiality, intellectual property, and restraint of trade clauses.
A critical feature of Australian employment law is that the NES operates as a safety net. No employment contract — however carefully drafted — can lawfully exclude or reduce any NES entitlement. Section 55 of the Fair Work Act 2009 (Cth) makes clear that a term of an employment contract that is inconsistent with the NES has no effect to the extent of the inconsistency. This means employers must approach employment agreements not as documents that define all rights, but as documents that operate alongside the NES and any applicable Modern Award.
The legal framework governing the Full-Time Employment Agreement (Australia) in Australia draws on several key statutes and regulatory bodies. 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. Parties executing a Full-Time Employment Agreement (Australia) in Australia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Fair Work Act 2009 (Cth) sets the foundational requirements.
When Do You Need a Full-Time Employment Agreement (Australia)?
A written full-time employment agreement is needed whenever an employer engages a new permanent full-time employee in Australia. While Australian law does not strictly require employment contracts to be in writing, a written agreement is strongly recommended for several reasons.
First, employers are required by section 125 of the Fair Work Act 2009 (Cth) to provide every new employee with a Fair Work Information Statement (FWIS) before or as soon as possible after the employee commences employment. The FWIS sets out information about the NES, Modern Awards, agreement-making, individual flexibility arrangements, freedom of association, termination of employment, and the role of the Fair Work Commission. A written employment agreement is the natural complement to the FWIS.
Second, a written agreement prevents disputes about the terms and conditions of employment. Without a written record, disagreements about salary, hours, duties, notice periods, and other matters are difficult to resolve and can lead to costly litigation or Fair Work Commission proceedings.
Third, certain provisions — such as confidentiality obligations, intellectual property assignment, and post-employment restraints of trade — must be in writing to be enforceable. Australian courts will scrutinise restraint of trade clauses carefully and will only enforce them where they are reasonable in scope, duration, and geographic area, and where a legitimate business interest is being protected.
Fourth, for employers paying a salary that is intended to absorb Modern Award entitlements (such as overtime or penalty rates), a written agreement with an appropriate absorption or 'set-off' clause is essential to confirm the arrangement is legally valid. Without such a clause, employers risk employees claiming unpaid award entitlements in addition to their salary.
Parties in Australia should prepare a Full-Time Employment Agreement (Australia) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. 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. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Full-Time Employment Agreement (Australia)
A compliant Full-Time Employment Agreement for Australia must address the following key provisions.
The parties and commencement date clause should clearly identify the employer (including ABN or ACN) and the employee by their full legal names and addresses, and specify the date employment commences. This triggers the employee's entitlements under the NES and their period of continuous service for unfair dismissal purposes.
The position, duties, and place of work clause should describe the employee's job title, reporting line, primary work location, and key responsibilities. It should also identify the applicable Modern Award (if any), as this determines minimum pay rates, penalty rates, and other Award-specific conditions.
The probation period clause (typically 3 to 6 months) should specify the duration and the notice period during probation. Employers should note that the minimum employment period for unfair dismissal protections is 6 months (or 12 months for small businesses) — employees dismissed before completing this period cannot access unfair dismissal remedies, regardless of the probation period specified in the agreement.
The hours of work clause must specify ordinary hours (maximum 38 per week for full-time employees under s62 of the Fair Work Act 2009 (Cth)) and must acknowledge the employee's right to refuse unreasonable additional hours.
The remuneration clause must state the base salary or hourly rate and confirm it meets or exceeds the applicable Modern Award minimum. The pay frequency (weekly, fortnightly, or monthly) and method of payment should also be specified.
The superannuation clause must confirm the Superannuation Guarantee rate (currently 11.5% from 1 July 2024) and the employee's right to choose their superannuation fund. The NES right to superannuation (effective 1 January 2024) means employees can now enforce superannuation obligations through the Fair Work Commission.
The leave entitlements section should set out the key NES leave entitlements: 4 weeks paid annual leave (s87), 10 days paid personal/carer's leave (s96), 2 days compassionate leave (s104), 12 months unpaid parental leave (Part 2-2 Division 5), long service leave (state legislation), and public holidays (s114). These cannot be excluded or reduced by agreement.
Additional compliance elements for a Full-Time Employment Agreement (Australia) used in Australia include: 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. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
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year = {2026},
howpublished = {\url{https://forms-legal.com/australia/employment/contracts/full-time-employment-agreement-australia}},
note = {Free legal document template. Based on Fair Work Act 2009 (Cth)}
}Also available for these jurisdictions:
Frequently Asked Questions
The National Employment Standards (NES) are 11 minimum employment entitlements contained in Part 2-2 of the Fair Work Act 2009 (Cth). They apply to all national system employees — that is, most employees in Australia, including those in all states and territories except those employed in certain state public sector or local government roles in Western Australia. The NES cannot be excluded or reduced by any employment contract, Modern Award, or enterprise agreement. They include: maximum weekly hours (38 hours of ordinary time), flexible working arrangements requests, unpaid parental leave, annual leave (4 weeks), personal/carer's leave and compassionate leave, community service leave, long service leave, public holidays, notice of termination and redundancy pay, the Fair Work Information Statement, and — since 1 January 2024 — a right to superannuation contributions. Any term of an employment contract that purports to exclude or limit an NES entitlement is void to the extent of the inconsistency (s55 Fair Work Act 2009 (Cth)).
Employers must make superannuation contributions for eligible employees under the Superannuation Guarantee (Administration) Act 1992 (Cth). The current Superannuation Guarantee rate is 11.5% of an eligible employee's ordinary time earnings, which applies from 1 July 2024. This rate is scheduled to increase to 12% from 1 July 2025. Since 1 January 2024, the right to receive superannuation contributions is also enshrined in the National Employment Standards under the Fair Work Act 2009 (Cth), meaning employees can now bring court action for unpaid superannuation under the Fair Work Act as well as through the Australian Taxation Office. Employers must pay superannuation at least quarterly. Employees generally have the right to choose their preferred complying superannuation fund under the choice of fund rules, subject to applicable Modern Award requirements.
Under section 117 of the Fair Work Act 2009 (Cth), an employer must give a full-time employee a minimum period of written notice before terminating their employment (other than for serious misconduct). The minimum notice periods are: less than 1 year of service — 1 week; 1 to 3 years — 2 weeks; 3 to 5 years — 3 weeks; more than 5 years — 4 weeks. An additional week's notice is required for employees who are over 45 years of age and have completed at least 2 years of continuous service with the employer. An employer may pay the employee in lieu of notice. Employment contracts can provide for longer notice periods but not shorter ones. An employee's obligation to give notice is a contractual matter and is not governed by the NES minimum notice provisions. Under Australia law, Fair Work Act 2009 (Cth), parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. 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. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
Modern Awards are industry- or occupation-based instruments made by the Fair Work Commission that set minimum pay rates, penalty rates, allowances, overtime, and conditions for employees in a particular industry or occupation. There are over 100 Modern Awards covering most industries in Australia. If a Modern Award applies to an employee, the employment agreement must provide pay and conditions that are at least equal to those prescribed by the Award — the agreement cannot 'undercut' the Award entitlements. Some employees are 'award-free', meaning no Modern Award applies to their role (typically senior managers and high-income earners). Employers should identify the correct Modern Award using the Fair Work Commission's online search tool and requires the employment agreement complies with it. Employers who pay a salary that 'absorbs' Award entitlements should include an appropriate absorption clause.
Under Part 3-2 of the Fair Work Act 2009 (Cth), a national system employee can apply to the Fair Work Commission for an unfair dismissal remedy after completing the minimum employment period. For employees of non-small business employers (employers with 15 or more employees), the minimum employment period is 6 months of continuous service. For small business employers (fewer than 15 employees), the minimum employment period is 12 months. Additionally, the employee's earnings must be below the high-income threshold (indexed annually by the Fair Work Commission — approximately $175,000 per year as at 2024–2025), or the employee must be covered by a Modern Award or enterprise agreement. A dismissal may be found to be unfair if it was harsh, unjust, or unreasonable, or procedurally unfair under the Small Business Fair Dismissal Code.
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
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