Position

Step 1 of 8: Position

1 Position 2 Hours 3 Pay 4 Leave 5 Obligations 6 Ending employment 7 Review 8 Finalise

Changes to this contract are being autosaved.

Position title

e.g. Accounts manager, Sales assistant

Click anywhere outside the input field to update the clause preview box below.

Position clause

Included
You are being employed in the position of [position title].

Clauses marked as "Included" will be added to your employment contract.

Tip

If you've already recruited someone, use the position title (or job title) you provided during your recruitment process.

The position title should reflect the work your employee will do. You may also find examples of job titles under the applicable award in the classifications section.

Duties

You should provide your new employee with a description or outline of their duties and responsibilities so they understand what they're being employed to do.

You may attach your employee's duties and responsibilities in a separate position description, or outline them here within the contract.

Duties clause

Included

You will perform the [duties description]

We may also assign you other duties, where reasonable for your position, training and experience.

Duties / Position description

If you provided a position (or job) description during your recruitment process, you can use this. If you don't have a position description yet, you can download the job description template from the Fair Work Ombudsman website and fill it in later.

Award for your employee

If you're not sure which one applies, use the Fair Work Ombudsman's Find my award tool.

  • Aboriginal and Torres Strait Islander Health Workers and Practitioners and Aboriginal Community Controlled Health Services Award 2020 (MA000115)
  • Aged Care Award 2010 (MA000018)
  • Air Pilots Award 2020 (MA000046)
  • Aircraft Cabin Crew Award 2020 (MA000047)
  • Airline Operations - Ground Staff Award 2020 (MA000048)
  • Airport Employees Award 2020 (MA000049)
  • Alpine Resorts Award 2020 (MA000092)
  • Aluminium Industry Award 2020 (MA000060)
  • Ambulance and Patient Transport Industry Award 2020 (MA000098)
  • Amusement, Events and Recreation Award 2020 (MA000080)
  • Animal Care and Veterinary Services Award 2020 (MA000118)
  • Aquaculture Industry Award 2020 (MA000114)
  • Architects Award 2020 (MA000079)
  • Asphalt Industry Award 2020 (MA000054)
  • Australian Government Industry Award 2016 (MA000153)
  • Banking, Finance and Insurance Award 2020 (MA000019)
  • Black Coal Mining Industry Award 2020 (MA000001)
  • Book Industry Award 2020 (MA000078)
  • Broadcasting, Recorded Entertainment and Cinemas Award 2020 (MA000091)
  • Building and Construction General On-site Award 2020 (MA000020)
  • Business Equipment Award 2020 (MA000021)
  • Car Parking Award 2020 (MA000095)
  • Cement, Lime and Quarrying Award 2020 (MA000055)
  • Cemetery Industry Award 2020 (MA000070)
  • Children's Services Award 2010 (MA000120)
  • Cleaning Services Award 2020 (MA000022)
  • Clerks - Private Sector Award 2020 (MA000002)
  • Coal Export Terminals Award 2020 (MA000045)
  • Commercial Sales Award 2020 (MA000083)
  • Concrete Products Award 2020 (MA000056)
  • Contract Call Centres Award 2020 (MA000023)
  • Corrections and Detention (Private Sector) Award 2020 (MA000110)
  • Cotton Ginning Award 2020 (MA000024)
  • Dredging Industry Award 2020 (MA000085)
  • Dry Cleaning and Laundry Industry Award 2020 (MA000096)
  • Educational Services (Post-Secondary Education) Award 2020 (MA000075)
  • Educational Services (Schools) General Staff Award 2020 (MA-000076)
  • Educational Services (Teachers) Award 2020 (MA000077)
  • Electrical, Electronic and Communications Contracting Award 2020 (MA000025)
  • Electrical Power Industry Award 2020 (MA000088)
  • Fast Food Industry Award 2020 (MA000003)
  • Fire Fighting Industry Award 2020 (MA000111)
  • Fitness Industry Award 2020 (MA000094)
  • Food, Beverage and Tobacco Manufacturing Award 2020 (MA000073)
  • Funeral Industry Award 2020 (MA000105)
  • Gardening and Landscaping Services Award 2020 (MA000101)
  • Gas Industry Award 2020 (MA000061)
  • General Retail Industry Award 2020 (MA000004)
  • Graphic Arts, Printing and Publishing Award 2020 (MA000026)
  • Hair and Beauty Industry Award 2020 (MA000005)
  • Health Professionals and Support Services Award 2020 (MA000027)
  • Higher Education Industry - Academic Staff - Award 2020 (MA000006)
  • Higher Education Industry - General Staff - Award 2020 (MA000007)
  • Horse and Greyhound Training Award 2020 (MA000008)
  • Horticulture Award 2020 (MA000028)
  • Hospitality Industry General Award
  • Hydrocarbons Field Geologists Award 2020 (MA000064)
  • Hydrocarbons Industry (Upstream) Award 2020 (MA000062)
  • Joinery and Building Trades Award 2020 (MA000029)
  • Journalists Published Media Award 2020 (MA000067)
  • Labour Market Assistance Industry Award 2020 (MA000099)
  • Legal Services Award 2020 (MA000116)
  • Live Performance Award 2020 (MA000081)
  • Local Government Industry Award 2020 (MA000112)
  • Mannequins and Models Award 2020 (MA000117)
  • Manufacturing and Associated Industries and Occupations Award 2020 (MA000010)
  • Marine Tourism and Charter Vessels Award 2020 (MA000093)
  • Marine Towage Award 2020 (MA000050)
  • Maritime Offshore Oil and Gas Award 2020 (MA000086)
  • Market and Social Research Award 2020 (MA000030)
  • Meat Industry Award 2020 (MA000059)
  • Medical Practitioners Award 2020 (MA000031)
  • Mining Industry Award 2020 (MA000011)
  • Miscellaneous Award 2020 (MA000104)
  • Mobile Crane Hiring Award 2020 (MA000032)
  • Nursery Award 2020 (MA000033)
  • Nurses Award 2020 (MA000034)
  • Oil Refining and Manufacturing Award 2020 (MA000072)
  • Passenger Vehicle Transportation Award 2020 (MA000063)
  • Pastoral Award 2020 (MA000035)
  • Pest Control Industry Award 2020 (MA000097)
  • Pharmaceutical Industry Award 2020 (MA000069)
  • Pharmacy Industry Award 2020 (MA000012)
  • Plumbing and Fire Sprinklers Award 2020 (MA000036)
  • Port Authorities Award 2020 (MA000051)
  • Ports, Harbours and Enclosed Water Vessels Award 2020 (MA000052)
  • Poultry Processing Award 2020 (MA000074)
  • Premixed Concrete Award 2020 (MA000057)
  • Professional Diving Industry (Industrial) Award 2020 (MA000108)
  • Professional Diving Industry (Recreational) Award 2020 (MA000109)
  • Professional Employees Award 2020 (MA000065)
  • Racing Clubs Events Award 2020 (MA000013)
  • Racing Industry Ground Maintenance Award 2020 (MA000014)
  • Rail Industry Award 2020 (MA000015)
  • Real Estate Industry Award 2020 (MA000106)
  • Registered and Licensed Clubs Award 2020 (MA000058)
  • Restaurant Industry Award 2020 (MA000119)
  • Road Transport and Distribution Award 2020 (MA000038)
  • Road Transport (Long Distance Operations) Award 2020 (MA000039)
  • Salt Industry Award 2020 (MA000107)
  • Seafood Processing Award 2020 (MA000068)
  • Seagoing Industry Award 2020 (MA000122)
  • Security Services Industry Award 2020 (MA000016)
  • Silviculture Award 2020 (MA000040)
  • Social, Community, Home Care and Disability Services Industry Award 2010 (MA000100)
  • Sporting Organisations Award 2020 (MA000082)
  • State Government Agencies Award 2020 (MA000121)
  • Stevedoring Industry Award 2020 (MA000053)
  • Storage Services and Wholesale Award 2020 (MA000084)
  • Sugar Industry Award 2020 (MA000087)
  • Supported Employment Services Award 2020 (MA000103)
  • Surveying Award 2020 (MA000103)
  • Telecommunications Services Award 2020 (MA000041)
  • Textile, Clothing, Footwear and Associated Industries Award 2020 (MA000017)
  • Timber Industry Award 2020 (MA000071)
  • Transport (Cash in Transit) Award 2020 (MA000042)
  • Travelling Shows Award 2020 (MA000102)
  • Vehicle Repair, Services and Retail Award 2020 (MA000089)
  • Waste Management Award 2020 (MA000043)
  • Water Industry Award 2020 (MA000113)
  • Wine Industry Award 2020 (MA000090)
  • Wool Storage, Sampling and Testing Award 2020 (MA000044)

No award with this name.

Employment terms and conditions clause

Included
Your employment terms and conditions are those set out in this contract, the [award] and applicable legislation. This includes the National Employment Standard in the Fair Work Act 2009.

What's an award?

The award sets the minimum terms and conditions for your employee. Keep in mind that you can always provide more generous conditions.

Your employee's pay and other entitlements will depend on their classification level in the award and their employment type. Awards are regularly updated, so make sure you keep up to date with your employee's entitlements.

Subscribe to email updates from the Fair Work Ombudsman to stay up to date with any changes to your award.

If you're not sure which one applies, use the Fair Work Ombudsman's Find my award tool.

Business structure

We need to know your business structure to determine the signature fields to include in your contract. This information is not shared with any other agency, for more information see our privacy page.

Unsure of your business structure?

If you're unsure of what your business structure is, search for your business on ABN Lookup.

Your business structure is displayed against the 'Entity type' field.

If none of the business structure options apply to your business, select 'other'.

Workplace

Where is the employee’s main place of work?

You may fill in the employee's workplace address here and it will appear in the contract. Or, insert the workplace address later by editing the contract.

Where is the employee’s main place of work?

Workplace address

Workplace clause

Included

You will be required to work at

[Workplace address]

You may also be required to work at other locations where reasonable.

Employment type

Select the type of employee you're hiring

It's important you get this right. The pay rates, leave and other entitlements for each type can differ, so it will change what you need to include in your contract.

Employment type clause

Included
You are being employed on a [employment type] basis.

Types of employees

View definitions of employee types to make sure you are getting it right.

  • Full-time employees usually work 38 hours per week on average. They may work slightly less or more some weeks. They can be permanent (ongoing) or employed for a fixed term (for example, a 6 month contract).
  • Part-time employees usually work less than 38 hours per week on average. They usually work regular hours each week and can be permanent or employed for a fixed term.
  • Casual employees accepted an offer of employment on the basis that there was no firm advance commitment that the work will continue indefinitely with an agreed pattern of work. They are usually described as a casual employee in their employment contract, work as required to your needs and can refuse any hours of work you offer them. They are paid a casual loading because they don't get some paid entitlements like personal and annual leave.

Learn more about the different types of employees on the Fair Work Ombudsman website. You should also check the award – some define employment types differently.

Probation period

You can put your employee on probation to assess whether they're suitable for the position.

The length of the probation period is up to you, but it must be reasonable. It's often between 3 to 6 months.

month(s)

Probation period clause

Optional to include

You will need to complete a [number]-month probation period. During this time, we will assess your performance.

If we end your employment during the probation period, we will provide written notice according to the notice clause in this contract.

Provide the same entitlements

While on probation, your employee still gets the same entitlements as someone who isn't on probation, including leave.

If your employee doesn't pass their probation, you'll still need to give them:

  • notice when their employment ends
  • payment for any unused annual leave.

Find out more about employee probation periods on the Fair Work Ombudsman website.

Unfair dismissal and probation

If you end their employment, the employee can challenge the dismissal with the Fair Work Commission if they think it was 'unfair' (harsh, unjust or unreasonable).

Employers usually set a probation period of no more than the minimum employment period for unfair dismissal claims. These are:

  • 12 months if you have a small business with fewer than 15 employees
  • 6 months if you have a business with 15 or more employees.
Previous Next Return to review

Don't have time to finish your contract now?

You can save you progress in this tool and return within the next seven days. We’ll email you a link that you can use to return and finish your contract.

We are saving this contract for another seven days.

If you need more time you can extend your deadline by a further seven days on the saved contracts page.

Manage saved contracts Create new contract
Call us 13 28 46
Saved contracts
  • Terms of use
  • Privacy
  • Accessibility
  • Other languages
  • Contact us
  • Acknowledgement of country

© Commonwealth of Australia.

Prototype reset links

Clear prototype Unknown user / Unverified Known user / Unverified Known user / Verified