Employment Contracts & Awards

When engaging workers, there are various possibilities.

Employment Contracts & Awards

Modern awards cover most industries and occupations and provide minimum wages and conditions. These awards can be found on the Fair Work Commission website.

Enterprise agreements or other registered workplace agreements might apply in a particular workplace instead of a modern award. More information can be found on the Fair Work Ombudsman website. See Agreements page.

It is generally recommended that you provide your employees with an employment contract or letter of employment, in addition to relying on an Award or Enterprise Agreement. This is especially important for senior employees and for any employees whose wages and conditions are more rewarding than the minimum. You can find more information here.

National Employment Standards

There are 11 National Employment Standards which are compulsory, minimum standards of benefit to all employees. They can be found on this page on the FairWork Ombudsman site. A copy of the Fair Work Information Statement must be provided to employees at the commencement of their employment.

Casual Employees

Casual employees are best to have casual employment contracts or casual letters of employment to provide proof that the arrangement is and remains legally casual. More detailed information about casual employees can be found here.

Independent Contractors

Independent contractors should be engaged on a written contract basis and be a genuine, legally compliant contract for services. The consequences of sham arrangements in order to avoid employee entitlements are horrendous! To help you decide whether an individual is an employee or a contractor, the Fair Work Ombudsman has published a useful fact sheet.

If you are looking for an Employment Contract Lawyer, we can assist you with issues relating to engagement of employees or contractors.

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