The legal minimums
- Most employees are covered by the Fair Work Act 2009 (Cth), the National Employment Standards and, often, a modern award or enterprise agreement.
- A contract cannot provide less than these minimums. Check which award, if any, applies and the correct classification.
- Employers must give new employees the Fair Work Information Statement, and casual employees the Casual Employment Information Statement.
Type of employment
- Full-time, part-time, casual or fixed-term. Each has different rules; restrictions apply to some fixed-term contracts.
- Calling a worker a contractor does not make them one. Misclassification can lead to back-payments and penalties.
Pay and hours
- Pay rate, superannuation, allowances and how overtime and penalty rates are handled.
- If paying an annualised salary to cover award entitlements, make sure the arrangement complies with the award and is reviewed.
Protecting the business
- Confidentiality obligations and ownership of intellectual property created in the job.
- Post-employment restraints must be reasonable to be enforceable. Check the current law before relying on one.
- Workplace policies the employee must follow, kept separate so they can be updated.
Probation and ending employment
- Probation periods and how they interact with unfair dismissal minimum employment periods.
- Notice periods, which must at least meet the NES, and any payment in lieu.
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General information only, not legal advice. Laws differ between states and territories and depend on your circumstances.