Employment offers and contracts set out rights and obligations of an employer and an employee in an employment relationship.
They can be verbal or in writing.
An employment offer is often presented by an employer as an offer of employment, either in a letter or a formal contract.
Clear, straightforward employment contracts can help employers and employees know what they can expect from each other. Positive working relationships are more likely when everyone is on the same page.
It is important that an employee understands an employment offer or contract before they accept it. Accepting an employment offer can mean agreeing to an employment contract with particular terms and conditions.
An employee can’t be forced to agree to particular terms. They can negotiate or ask for changes to an employment offer or contract before they accept it.
There are extra things to consider when employing children and young people including junior pay rates, and state and territory laws that apply to children and young people who are working.
Employment contracts must meet the legal minimum standards
An employment offer or contract cannot include terms and conditions that are less than the legal minimum employee pay and conditions.
If it does, those terms and conditions will be invalid and the legal minimums will apply instead.
Employers who do not meet the legal minimums risk financial penalties and back pay. If their actions were deliberate, they can face criminal sanctions.
What to put in an employment contract
What goes in an employment contract can vary depending on the job and the arrangement.
It can be good to include:
- The employer’s details
- The employee’s details
- The role, job duties and location — or a copy of the position description, if it includes these details
- What type of employment it is — for example, full time, part time or casual, ongoing or fixed term
- The pay rate or salary
- The start date
- How employment may come to an end, including any notice period
- Details of the legal minimum employment terms and conditions that apply — for example, which award or enterprise agreement applies, or whether the minimum wage or national employment standards.
- Hours of work, rosters, shifts, breaks that the employee will work
- How the employee will be paid — for example, weekly, fortnightly or monthly, by bank transfer
- How much superannuation the employee will be paid
- Paid or unpaid leave entitlements
- Information about any workplace policies — for example, codes of conduct, work health and safety policies (copies may be attached, or details on where to find them)
- The process for resolving disputes in the workplace — this could already be set out in an award or enterprise agreement
- Who owns any intellectual property
- Any confidentiality requirements.
Business.gov has a free interactive employment contract tool to help with drafting an employment contract in the national employment system.
Legal minimums apply — even if they're not in the contract
Some terms and conditions will automatically apply because they are legal minimum entitlements, even if they are not included in the employment contract.
Learn more about this on our employee pay and conditions page.
And remember: the legal minimums are minimums. An employer can choose to provide more generous terms and conditions than the legal minimums.
Other things to include
Employers should check if they need to include any other information in an employment offer.
For example, some awards or enterprise agreements may require certain terms and conditions in a written employment contract.
Learn more about employee pay and conditions.
Employee information statements
Depending on the workplace relations system applies, employers may be required by law to provide certain information statements to employees when they start work.
| In the national system (or Fair Work system) | In the Queensland state system | In other state systems |
|---|---|---|
|
Employers must provide a copy of:
Download the information statements from the Fair Work Ombudsman. |
Employers must give new employees a copy of the Employment Information Statement. Download the information statement from the Queensland Office of industrial Relations.
|
Employers need to check if there is a state award or state enterprise agreement that requires you to give new employees certain documents. Learn more about awards and enterprise agreements. |
Learn more about which workplace system applies.
Checking a person's right to work
Employers should check that a person has the right to work in Australia before employing them. We recommend that employers:
- Sight a document that proves they are an Australian citizen (e.g. an Australian Passport or birth certificate)
- Check they hold a valid visa with permission to work to work in Australia. You can do this at the Australian Government’s Visa Entitlement Verification Online (VEVO) — but you must get the person’s permission first.
It is illegal for a business to hire a non-citizen of Australia without a valid visa. We recommend that employers:
- Keep a record that you have sighted an identity document or checked VEVO
It is also illegal for a business to coerce or pressure a temporary visa holder to breach a work-related visa condition. There are significant penalties for employers who breach migration laws.
Learn more about hiring someone in Australia at the Department of Home Affairs.
Keep learning:
More in this section:
About employment relationships
There are different types of employment relationships in the creative industries. Being an employee is different from being an independent contractor, a volunteer or an unpaid intern. It is important to know the difference.
Employee minimum pay and conditions
There are legal minimum rates and conditions for employees in Australia. These are set out in workplace law. Employees can’t be paid less than the legal minimums – even if they agree to.
