What mandatory clauses must be included in an employment agreement in Australia?

In Australia, while a written employment contract is not legally required, Horizons insists on providing all employees with a written employment agreement to ensure clarity, legal compliance, and mutual understanding of the terms of employment.
While the Fair Work Act 2009 and other regulations do not prescribe specific mandatory clauses for all contracts, most employment agreements will include the following essential terms:

  • Employer's Name: The legal name of the business or employer.
  • Employment Start Date: The date when the employee’s employment officially begins.
  • Agreed Work Hours: The regular working hours, whether full-time, part-time, or flexible.
  • Work Location: The primary location where the employee will perform their duties.
  • Employee’s Direct Supervisor: The person to whom the employee will report.
  • Compensation Details: The agreed salary or hourly rate, including any additional benefits or bonuses.
  • Notice of Termination: The notice period required for either party to end the employment relationship.
  • Duties and Responsibilities: A clear outline of the employee’s role and tasks.
  • Probation Period (if applicable): If applicable, the duration and terms of any probationary period.


In addition to these core clauses, Horizons may include other provisions depending on the role, such as confidentiality agreements, intellectual property clauses, or non-compete clauses. All terms are designed to comply with minimum employment standards set by the Fair Work Act and relevant awards or enterprise agreements.


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