Part-Time Employment Contract (Australia)

Create a comprehensive Employment Contract for Australia covering all National Employment Standards, salary, leave entitlements, superannuation, termination, and confidentiality under the Fair Work Act 2009 (Cth).

Create an Internship Employment Contract for Australia for paid interns. Covers intern duties, fixed-term period, NES entitlements, superannuation, and Fair Work Act 2009 compliance for employment-based internships.

Create a professional Appointment Letter for Australia to formally appoint an employee to a position. Covers start date, salary, role, reporting line, and conditions of employment under the Fair Work Act 2009 (Cth).

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.

A Flexible Working Request is a formal written request made by an eligible employee to their employer seeking a change to their working arrangements, including changes to hours, patterns, or location of work. Under the Fair Work Act 2009 (Cth) s 65, eligible employees have a statutory right to request flexible working arrangements, and employers must respond in writing within 21 days. What Is a Flexible Working Request? A Flexible Working Request (also referred to as a flexible work arrangement request, a remote work request, or a change to working hours request) is a formal written document submitted by an employee to their employer pursuant to s 65 of the Fair Work Act 2009 (Cth). The document sets out the employee's eligibility grounds, their current working arrangements, the specific change they are requesting, the proposed commencement date and duration of the arrangement, and an assessment of any impact on business operations together with proposed practical solutions. The right to request flexible working arrangements was introduced into the Fair Work Act 2009 (Cth) to recognise that modern workers — particularly those with family, carer, disability or other personal circumstances — may need greater flexibility in how, when and where they work. The 2023 amendments to the Act (effective 6 June 2023) significantly strengthened employee rights in this area, including by requiring employers to genuinely try to reach agreement with an employee before refusing a request, and by giving the Fair Work Commission jurisdiction to deal with disputes about flexible working requests. When Is a Flexible Working Request Needed? An employee should make a formal written flexible working request in the following circumstances: - When the employee meets one of the eligibility categories under s 65(1A) of the Fair Work Act 2009 (Cth) and wishes to invoke their statutory right to request a change to working arrangements; - When the employee has completed at least 12 months of continuous service with the employer (a condition of eligibility for ongoing employees); - When a casual employee has been employed regularly and systematically for at least 12 months and has a reasonable expectation of continuing employment; - When the employee needs to change their hours of work, patterns of work (such as compressed working weeks or split shifts), or location of work (such as working from home on some or all days) for reasons relating to a protected personal circumstance; - When an informal request has not been agreed and the employee wishes to establish a formal, documented request that triggers the employer's statutory obligations. Eligibility categories under s 65(1A) of the Fair Work Act 2009 (Cth) include: being a parent or having responsibility for the care of a child of school age or younger; being a carer within the meaning of the Carer Recognition Act 2010 (Cth); having a disability; being 55 years of age or older; experiencing family or domestic violence; or providing care or support to an immediate family or household member who is experiencing family or domestic violence. Key Elements of an Australian Flexible Working Request A formally compliant flexible working request under s 65 of the Fair Work Act 2009 (Cth) must be in writing and must set out the details of the change requested and the reasons for the request. Best practice additionally includes the following elements: 1. Employee and employer identification: Full names, job titles, commencement date, department, and state or territory of employment. 2. Eligibility ground: A clear statement of the specific ground under s 65(1A) that makes the employee eligible to make the request. While employees are not required to disclose sensitive personal information, identifying the relevant eligibility ground is necessary for the employer to assess the request. 3. Current working arrangements: A precise description of the employee's existing hours, days, patterns, and location of work. 4. Proposed flexible working arrangement: A specific, detailed description of the change requested, including proposed hours, days, patterns, and location, and the proposed commencement date and duration. 5. Business impact and proposed solutions: An honest assessment of any potential impact of the proposed arrangement on the business or team, together with practical solutions to address those concerns. This demonstrates good faith and assists the employer in evaluating the request. 6. Employer response timeframe: The request should note that the employer must respond in writing within 21 days under s 65C of the Fair Work Act 2009 (Cth), and that any refusal must set out the reasonable business grounds and be preceded by a genuine attempt to reach agreement. Employer Obligations Under the Fair Work Act 2009 (Cth) Following receipt of a formal flexible working request, the employer must: respond in writing within 21 days; if refusing, genuinely try to reach agreement on an alternative arrangement before doing so; if refusing, provide written reasons setting out the specific reasonable business grounds; and, if granting a modified arrangement rather than the exact arrangement requested, document the agreed variation in writing. Under s 65F of the Act, if a dispute cannot be resolved at the workplace level, either party may apply to the Fair Work Commission to deal with the dispute. This template is designed 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.