Employment Contract Agreement WA: Template & Checklist

Published: 3 November 2026

An employment contract agreement sets out the terms between you and one employee, and it can never give them less than the National Employment Standards (NES) or the award or enterprise agreement that covers the job. Every new employee must also get the Fair Work Information Statement, casuals get the Casual Employment Information Statement, and fixed-term staff get the Fixed Term Contract Information Statement.

Last fact-checked: 3 November 2026, against Fair Work Ombudsman guidance and the WA Government's state system pages. Pay rates, rules and job numbers change; follow the linked source before you act.

What is an employment contract agreement?

It's the agreement between an employer and one employee setting out the terms of the job. Fair Work notes it may also be called an "agreement", "terms and conditions of employment" or a "workplace contract". It can be written or verbal, but a written contract is far easier to prove.

A contract sits on top of other rules. It is not the same as:

A modern award, made by the Fair Work Commission, which sets minimum pay and conditions for an industry or job type and can apply alongside the contract.
An enterprise agreement, a collective agreement approved by the Commission for one business or a group of businesses.

If no award or agreement covers the role, the employee is "award and agreement free". Their pay must still be at least the National Minimum Wage, and the NES still applies. Our WA minimum wage guide has the current rates.

Can a contract pay less than the award or NES?

No. An employment contract can't remove or provide for less than an employee's minimum entitlements under the NES, an award or an enterprise agreement.

Two practical traps:

Award entitlements apply even if the contract is silent. Fair Work's example is an agent whose contract didn't mention a vehicle allowance, but her award did, so she was owed it.
Pay secrecy clauses don't work. In contracts made on or after 7 December 2022, a term stopping staff from sharing their pay has no effect.

If you pay above award, get advice on how the contract links the higher rate to award entitlements such as overtime and penalty rates.

Which information statements must you give, and when?

Every new employee gets the Fair Work Information Statement. Casuals and fixed-term employees get a second statement as well.

Information statements under the Fair Work Act 2009 (ss 125, 125A–125B, 333K)
Statement	Who gets it	When
Fair Work Information Statement (FWIS)	Every new employee	Before, or as soon as possible after, they start
Casual Employment Information Statement (CEIS)	Every casual	At the start, then after 12 months (small business), or after 6 and 12 months and every 12 months after that (other employers)
Fixed Term Contract Information Statement (FTCIS)	Anyone entering a new fixed-term contract	When they enter the contract, or as soon as possible after

What types of employment contract are there?

The 4 common employment contract types are full-time, part-time, casual and fixed-term. Each has different leave, notice and redundancy rules, so the contract must state the type clearly.

Type	Hours and commitment	Paid leave	Notice and redundancy (NES)
Full-time	Ongoing, about 38 hours a week	Yes	Yes
Part-time	Ongoing, under 38 hours, usually regular	Yes, pro rata	Yes
Casual	No firm advance commitment to ongoing work; casual loading or rate	No (10 days' paid family and domestic violence leave applies)	No
Fixed-term	Ends on a set date, period or season	Yes	Not at the end of the term

Part-time: many awards require you to record the agreed hours of work in writing. Check the part-time clause in your award before you sign anyone up.

Casual (casual employment contract definition): since 26 August 2024, a person is a casual if, when they start, there is no firm advance commitment to ongoing work and they're paid a casual loading or casual rate. The test looks at the real substance of the relationship, not just the label. Relevant factors include whether you can offer or withhold shifts, whether they can refuse them, whether future work is reasonably likely, and whether permanent staff do the same work. A regular roster alone doesn't make someone permanent.

After 6 months (12 months with a small business), a casual who thinks they no longer fit the definition can give written notice to become permanent. You must consult them and reply in writing within 21 days, and you can refuse only on limited grounds. Our casual vs part-time guide compares the two for staff.

Fixed-term: for contracts made on or after 6 December 2023, a fixed-term contract generally can't:

run longer than 2 years, including extensions or renewals
include an option to extend or renew more than once
follow a previous fixed-term contract for the same or similar work, with substantial continuity, where the earlier one was extended, the total would exceed 2 years, or the new one has an extension option

Exceptions include specialised skills for a specific task, apprenticeships and traineeships, peak-season essential work, cover for absent employees, government-funded positions, and salaries above the high income threshold ($190,100 from 1 July 2026). If a contract breaks the limits, its end date simply stops applying.

Probation vs the minimum employment period: what's the difference?

Probation is a term you write into the contract, usually 3 to 6 months. The minimum employment period is set by law: an employee can't claim unfair dismissal until they've worked for you for 6 months, or 12 months if you're a small business.

During probation, staff get the full NES. Permanent employees accrue and can take annual and sick leave. If they don't pass, they still get notice (or pay in lieu) and their unused annual leave paid out.

For unfair dismissal, a small business has fewer than 15 employees. Count everyone, including regular and systematic casuals and staff of associated entities. Small businesses that follow the Small Business Fair Dismissal Code are treated as having dismissed fairly. A dismissed employee has 21 days to apply to the Fair Work Commission.

What's different for WA state system employers?

If you're a sole trader, or a partnership or trust with no company as partner or trustee, you're probably in the WA state system, not the national one. Your minimums come from WA awards and the Minimum Conditions of Employment Act 1993, which underpin every common-law contract.

The WA Government lists only these Fair Work Act provisions as applying to state system employers: notice of termination, parental leave, paid family and domestic violence leave, and sexual harassment. So check the information statement, casual and fixed-term rules above against your WA award with Wageline (1300 655 266) before relying on them.

Unfair dismissal is also different. State system employees claim at the WA Industrial Relations Commission within 28 days, and the WA Government's guidance sets no 6- or 12-month qualifying period. Probationary staff can claim too, though the Commission considers whether they were on probation with under 3 months' service. Long service leave comes from the WA Long Service Leave Act 1958 in both systems; see our WA long service leave guide.

Plain-English employment contract checklist

Before you send a contract, check it does all of this:

Names the legal employer entity (for example Smith Café Pty Ltd, not just the trading name) and the employee.
States the employment type: full-time, part-time, casual or fixed-term, with an end date for fixed-term.
Names the award or enterprise agreement and the classification level, or says the role is award free.
Sets the pay rate, how it compares to the award, superannuation, and the pay cycle.
Sets ordinary hours, or for part-time the agreed hours and days.
Includes probation length, if you use one, and notice during probation.
Refers to leave under the NES (see our annual leave and sick leave guides) rather than inventing lesser rules.
Sets notice periods at least equal to the NES table.
Covers confidentiality, intellectual property and workplace policies, stating which policies are not contract terms.
Has no pay secrecy clause and nothing below award or NES minimums.
Comes with the FWIS, plus the CEIS or FTCIS where needed.

Employment contract template outline

This outline shows the usual headings and what goes under each. It is general information, not legal advice. For a ready-made document, use the free business.gov.au Employment Contract Tool, which Fair Work links to, and Fair Work's templates for probation and other letters. Get a lawyer to review anything unusual.

Parties and start date: legal employer name and ABN, employee name, start date.
Position and duties: job title, who they report to, a short duties summary, and that reasonable related duties may be added.
Employment type: full-time, part-time, casual or fixed-term. For fixed-term, the end date and which exception applies if it runs past 2 years.
Award or agreement coverage: the instrument name and classification.
Location and hours: where they work, ordinary hours, rostering, and how overtime is handled.
Pay and super: rate, any above-award amount and what it covers, pay cycle, super fund choice.
Probation: length, review process, notice during probation.
Leave: entitlements under the NES and award, and how to apply.
Conduct and policies: the policies they must follow, and a statement that policies are not part of the contract.
Confidentiality and IP: who owns work product, and protection of business information.
Ending employment: notice periods both ways, pay in lieu, return of property.
General: entire agreement, variations in writing, signatures and date.

Worked example: a Perth café hiring two staff

A Leederville café trading through a Pty Ltd company has 11 employees, so it's in the national system and counts as a small business. It hires a casual barista and a part-time cook.

Barista: casual contract with the award casual rate. Gets the FWIS and CEIS on day one, and the CEIS again at 12 months. Can give notice to go permanent after 12 months if they no longer fit the casual definition.
Cook: part-time contract with the agreed hours recorded in writing (check the award's part-time clause). Gets the FWIS. 3-month probation, with notice still payable if it ends early.
Unfair dismissal: neither can claim until they've worked 12 months, because the café is a small business.

If the same café were run by a sole trader, it would sit in the WA state system and the cook could lodge an unfair dismissal claim at the WAIRC without a 12-month wait.

Hiring in Perth?

Once your contract is ready, post a job on Jobs In Perth from $29 (see pricing). Our guides on how to find employees in Perth and free job posting sites cover where else to advertise.

Frequently asked questions

Is a verbal employment contract valid in Australia?

Yes. Fair Work says a contract can be written or verbal. A written contract is still the safer option because it records what was agreed.

What is the casual employment contract definition?

Since 26 August 2024, a casual is someone who, when they start, has no firm advance commitment to ongoing work and is paid a casual loading or a specific casual rate.

Do I have to give a Fair Work Information Statement?

Yes, to every new national system employee, before or as soon as possible after they start. Casuals also get the Casual Employment Information Statement and fixed-term staff the Fixed Term Contract Information Statement.

How long can a fixed-term contract be?

For contracts made on or after 6 December 2023, generally no more than 2 years including extensions, with no more than one extension option. Exceptions include high-income roles above $190,100.

Can a probation period be longer than 6 months?

Probation length is up to you, but it doesn't change the law. Unfair dismissal protection starts after 6 months' service, or 12 months for a small business, whatever the probation says.

Is there a free employment contract template in Australia?

Yes. The business.gov.au Employment Contract Tool builds a basic contract that complies with workplace laws, and Fair Work publishes free templates for probation and other employment letters.