Employment Contract Generator Australia

Create a customised Australian employment contract for full-time, part-time, or casual staff. A guided 6-step wizard covers hours, pay, probation, and National Employment Standards entitlements. Free, no signup required.

1
Employment Type & Parties
2
Position & Start
3
Hours & Award
4
Pay & Allowances
5
Probation & Clauses
6
Review & Generate
What type of employee are you hiring?
Employer details
Employee details
Rules engine preview (sections included so far)
parties
position_and_duties
employment_type
commencement_date
place_of_work
hours_of_work
remuneration
superannuation
leave_and_entitlements
public_holidays
notice_and_termination
general_terms
governing_law
signatures

Please read before you rely on this document

OfficeDraft is not a law firm and this tool does not provide legal advice. This generator does not identify which Modern Award applies to a role, and it does not automatically apply award-specific pay rates, penalty rates, or allowances — check the correct award separately before finalising pay and conditions. This contract cannot validly offer less than the National Employment Standards, regardless of what is entered. For senior, complex, or high-risk roles, get advice from a qualified professional before relying on it.

What Is an Employment Contract?

An employment contract is a written agreement between an employer and an employee setting out the terms of the working relationship — position and duties, hours of work, pay, leave, and how the employment can end. In Australia, it sits alongside any applicable Modern Award or enterprise agreement, and the National Employment Standards (NES), which set legal minimums the contract cannot reduce.

Full-Time, Part-Time, and Casual Employment

Full-time and part-time employees have ongoing employment with a regular pattern of hours and access to paid leave under the NES; part-time hours are simply fewer than full-time. Casual employees are engaged without a firm advance commitment to ongoing work, are usually paid a casual loading instead of paid leave, and have different notice periods and conversion rights. This generator asks which type applies and builds the relevant clauses accordingly, rather than using one template for all three.

National Employment Standards (NES)

The NES are 11 minimum entitlements set out in the Fair Work Act 2009 that apply to all national system employees — covering matters like maximum weekly hours, leave, public holidays, and notice of termination. A contract can offer more than the NES, but any term trying to offer less is unenforceable to that extent, regardless of whether both parties agreed to it.

Modern Awards and This Generator

Most Australian employees are covered by a Modern Award that sets minimum pay rates, penalty rates, and other conditions for a particular industry or occupation. This tool does not identify which award applies to a role and does not automatically apply award-specific rates or allowances — that step needs to happen separately, using the Fair Work Commission's award finder, before you set the pay rate in this generator.

Hours of Work, Pay, and Superannuation

The generator captures ordinary hours, the days they're worked, meal breaks, pay rate, and pay frequency, along with a standard superannuation clause referencing the Superannuation Guarantee (Administration) Act 1992. The contribution rate itself isn't fixed in the document, since it changes under legislation from time to time.

Probationary Periods

You can include a probationary period with a defined length. Probation mainly affects notice arrangements early in the employment and, in some cases, unfair dismissal eligibility timing — it doesn't remove an employee's minimum entitlements under the NES or a relevant award during that period.

Ending Employment

The contract sets a notice period based on length of service, consistent with the NES minimum, and allows for termination without notice in cases of serious misconduct. Where an applicable award or the NES would require a longer notice period than the contract states, the more favourable entitlement applies.

How to Use This Employment Contract Generator

  1. Enter the employer's business details.
  2. Enter the employee's details.
  3. Choose the employment type — full-time, part-time, or casual.
  4. Set the position, duties, and place of work.
  5. Set ordinary hours, pay rate, and pay frequency.
  6. Add probation, notice period, and any additional clauses, then review and generate.

Frequently Asked Questions

What is an employment contract?
An employment contract is a written agreement between an employer and an employee setting out the terms of employment — position and duties, hours of work, pay, leave entitlements, and how the employment can end. In Australia, it sits alongside any applicable Modern Award or enterprise agreement and the National Employment Standards (NES), which set legal minimums the contract cannot undercut.
What's the difference between full-time, part-time, and casual employment?
Full-time and part-time employees have ongoing employment with guaranteed hours and access to paid leave under the NES, with part-time hours being less than full-time on a regular pattern. Casual employees are engaged on an as-needed basis without a firm advance commitment to ongoing work, are usually paid a casual loading instead of paid leave, and have different notice and conversion rules under the Fair Work Act.
Does this employment contract cover Modern Award entitlements?
This generator lets you enter pay, hours, and leave details, but it does not identify which Modern Award applies to a role or automatically apply award-specific clauses, penalty rates, or allowances. You'll need to check the correct Modern Award for the role separately — the Fair Work Commission's award finder is a good starting point — before finalising pay and conditions.
What are the National Employment Standards (NES)?
The NES are 11 minimum employment entitlements set out in the Fair Work Act 2009 that apply to all national system employees, covering matters like maximum weekly hours, leave, public holidays, and notice of termination. A contract can offer more than the NES, but it cannot validly offer less — any term that tries to contract out of an NES minimum is unenforceable to that extent.
Can I include a probation period?
Yes. The generator lets you set a probationary period with a defined length, during which either party may typically end the employment on shorter notice. Probation doesn't remove an employee's minimum entitlements under the NES or a relevant award — it mainly affects notice arrangements and, in some cases, unfair dismissal eligibility timing.
What should be included in an employment contract?
At minimum: the position and duties, employment type (full-time, part-time, or casual), hours of work, rate of pay and pay frequency, superannuation, leave entitlements, notice period, and any probationary period. Confidentiality and post-employment restraints are common additions depending on the role.
Is this legally binding once signed?
A signed employment contract is generally intended to be legally binding between the parties, provided it meets the minimum standards required by law. This tool doesn't provide legal advice or review the document for your specific circumstances, so complex, senior, or high-risk roles should be checked by a qualified professional before you rely on it.
Can I customise the employment contract?
Yes. Every clause reflects the answers you provide through the wizard — employment type, hours, pay, leave, probation, and termination terms are all adjustable, and the generated document updates accordingly.
Do I need a different contract for casual employees?
Casual employment has distinct legal features — no firm advance commitment to work, typically a casual loading in place of paid leave, and specific casual conversion rights under the Fair Work Act. This generator supports casual employment as one of its employment-type options, but the resulting clauses will differ meaningfully from a full-time or part-time contract.
What happens if the contract conflicts with an applicable award?
Where a Modern Award, enterprise agreement, or the NES provides a more favourable entitlement than the contract, the more favourable entitlement applies to the extent permitted by law. A contract cannot lawfully reduce an entitlement below the applicable minimum, even if both parties agree to it.

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Further reading: Fair Work Ombudsman — National Employment Standards · Fair Work Commission — Find an Award

Disclaimer: This tool provides general document drafting assistance and is not legal advice. It does not identify the correct Modern Award for a role. For senior, complex, or high-risk employment arrangements, consider getting advice from a qualified professional.