Employment Contract Template: Free Template & Examples
An employment contract template records the terms of a job so both sides know the pay, hours, duties and notice that apply. It should cover the parties, employment type, pay and award, hours, leave, notice and termination, and confidentiality. Use the template below as a starting point only, and have a lawyer review it before you rely on it.
- Include the parties, role, employment type, award, pay, hours, leave, notice and termination, and any probation, confidentiality and policy terms.
- Never include a term that removes or reduces an NES or award entitlement. The contract cannot go below the award or the minimum rate, which is $26.44 per hour from 1 July 2026 for award-free employees.
- Small business employers (fewer than 15 employees) have a 12-month minimum employment period for unfair dismissal, against 6 months for other employers.
- Get legal advice on every contract, especially for executives and senior roles.
Employment contract template: what to include
Write each clause in plain English, and match it to the award that covers the role. A contract that conflicts with the award will not override it.
| Section | What to write | Why it matters |
|---|---|---|
| Parties and role | Employer and employee names, position title, reporting line and place of work. | It identifies who is bound and what the job is. |
| Employment type | Full-time, part-time or casual, with the hours and, for casuals, how shifts are offered. | It sets leave and loading entitlements. |
| Award and pay | Award name, classification, base rate, loadings, allowances and pay frequency. | It prevents underpayment of the award or the minimum rate. |
| Hours of work | Ordinary hours up to 38 a week for full-time, plus reasonable additional hours. | It matches the NES and award overtime rules. |
| Leave | Annual, personal and carer's, compassionate and other leave under the NES and award. | These entitlements cannot be removed. |
| Super | 12% of ordinary time earnings in 2026-27, paid so it reaches the fund within 7 business days of payday. | It meets payday super rules. |
| Probation | The length of the trial period and how performance will be reviewed. | It sets expectations early. |
| Notice and termination | Notice from both sides, at least the NES minimum, and when pay in lieu is allowed. | It avoids disputes at exit. |
| Confidentiality and policies | Confidential information, conflicts of interest, WHS and workplace policies. | It protects the business and sets the rules of the workplace. |
Employment contract template for your business
This is a starting point, not legal advice. Replace the [square brackets] with your details and delete anything that does not apply.
Employment agreement
1. Parties. This agreement is between [employer legal name and ABN] and [employee full name].
2. Position. You are employed as [position title], reporting to [manager].
3. Employment type. You are employed as a [full-time / part-time / casual] employee.
4. Start date. Your employment starts on [date].
5. Award. Your employment is covered by the [award name], classification [level].
6. Hours. Your ordinary hours are [hours and days]. You may be asked to work reasonable additional hours.
7. Pay. You will be paid [rate] per hour [or annual salary], paid [weekly / fortnightly] into your nominated account.
8. Super. We will pay super at the rate required by law into your chosen fund.
9. Leave. You are entitled to leave under the National Employment Standards and the award.
10. Probation. Your first [probation period] is a probation period, during which we will review your performance.
11. Notice. Either party may end this agreement by giving [notice period], which is at least the minimum required by law.
12. Confidentiality. You must keep our confidential information private during and after employment.
13. Policies. You must follow our workplace policies, including work health and safety.
Signed for the employer: [name, date].
Signed by the employee: [name, date].
Employee contracts for small business
Small business employers have fewer than 15 employees. The same NES and award rules apply, but some dismissal and redundancy rules differ.
- Use the Small Business Fair Dismissal Code when you dismiss a worker, and keep records of any warnings.
- Note that unfair dismissal applies after 12 months for a small business employer, against 6 months for others.
- Remember that small business employers do not pay NES redundancy pay.
- Give new casuals the Casual Employment Information Statement, and offer conversion after 12 months if they ask.
- Keep signed copies and a dated list of every change, since small teams often rely on verbal agreements that are hard to prove later.
- Review the contract each 1 July, when award rates change, so the written rate never falls below the award.
- Take out workers compensation insurance through icare unless annual wages are $7,500 or less and no apprentice is employed.
Executive employment contract: extra clauses
Senior contracts are more complex, so a lawyer should draft or review them. Executives are still employees and keep the NES.
- Set out base salary, incentive terms, super and any benefits in clear terms, with the basis for any bonus.
- Check the high income threshold of $190,100 for dismissals on or after 1 July 2026, which affects unfair dismissal access.
- Write the notice period and any pay in lieu, and note that the NES minimum notice still applies.
- Include confidentiality, conflict of interest and restraint clauses only where they are reasonable and lawful.
- Do not include a clause that removes an award or NES entitlement.
Employment contract template examples for different situations
Casual worker
- State that the role is casual, with no guarantee of ongoing hours.
- Include the 25% casual loading, or $33.05 per hour for award-free casuals from 1 July 2026.
- Explain how conversion works after 6 months, or 12 months with a small business employer.
Site labourer
- Name the award, classification and the sites where the work occurs.
- Require a valid white card, and state who pays for tickets.
- Include safety obligations and the induction requirement.
Office role
- State ordinary hours and any flexible work arrangement agreed.
- Describe the reporting line, location and any work-from-home terms.
- Cover the right to disconnect from out-of-hours contact.
Labour hire placement
- Name the labour hire provider as the employer, not the host.
- Record the host site, supervisor and timesheet approval method.
- Note that regulated labour hire arrangement orders may require the same pay as host employees in some cases.
How to use the employment contract template step by step
- Confirm the award and classification in the Fair Work Ombudsman pay guide before you fill in the pay clause.
- Choose the employment type, and check that the hours in the contract match how the person will really work.
- Complete each [square bracket] and delete clauses that do not apply to the role.
- Check the finished draft against the NES, so no clause reduces leave, notice or hours protections.
- Send the draft to an employment lawyer for review, then give the employee time to read it.
- Sign and date both copies, store them with the onboarding records and keep them for 7 years.
| Contract type | Key clause to get right |
|---|---|
| Standard employee | Award, classification and hours that match the real roster. |
| Casual employee | Casual loading and the right to ask for conversion. |
| Small business employee | Dismissal process and the Small Business Fair Dismissal Code. |
| Executive | Incentives, notice and restraint, reviewed by a lawyer. |
Legal must-haves and things to leave out
Must have
- Pay at least the award or national minimum rate, and keep the NES leave and hours rules.
- Give at least the NES minimum notice of termination, which is 1 week up to 1 year of service and rises with service.
- Issue payslips within 1 working day of payday and keep records for 7 years.
- Pay super at 12% of ordinary time earnings.
Leave out
- Any term that reduces or removes an NES or award entitlement.
- Discriminatory terms about age, pregnancy, family plans, religion, race, sexuality, marital status or union membership.
- Unpaid trial work or unpaid training before the job starts.
- Vague or unreasonable restraint clauses that would not hold up if tested.
Common mistakes to avoid
- Using an old template that quotes outdated pay rates, rather than the rates from 1 July.
- Calling the worker a contractor to avoid leave and super when the job is an employee role.
- Leaving out the award, which can leave the contract below the minimum.
- Copying a casual clause into a role that has regular, ongoing hours.
- Letting the employee start before the contract is signed.
- Skipping legal review of senior and complex contracts.
- Relying on a verbal promise about pay or hours that never made it into the signed document.
Employment contract template FAQ
What should an employment contract include?
Include the parties, role, employment type, award, pay, hours, leave, super, notice and termination, probation, confidentiality and policies. Never remove an NES or award entitlement, and check the pay guide for the correct rate.
Do small businesses need written employee contracts?
A written contract is good practice for any employer. Small businesses must still meet the NES and the award. Small business employers have fewer than 15 employees and use the Small Business Fair Dismissal Code.
What is different about an executive employment contract?
Executive contracts add incentives, benefits and restraint clauses. The NES still applies, and the high income threshold of $190,100 from 1 July 2026 affects unfair dismissal access. Always get legal advice.
Can a contract be below the award?
No. A contract cannot give less than the award or the NES. If it does, the award or NES applies instead, and the employee may be owed back pay. Check the Fair Work Ombudsman pay guide.
Next step
This is general information, not legal, tax or financial advice, so check the Fair Work Ombudsman, the ATO or an employment lawyer, and have every contract reviewed. Start with our guide on how to hire employees, or talk to TQN Personnel about host employer services.
- Plan the first shift with an employee onboarding checklist.
- Check police checks in NSW before you offer a role that needs one.
- Prepare lawful interview questions.
- Confirm the white card in NSW for construction work.
- Set a fair probation period.
- Match hiring to demand with workforce planning.