Part-time employment contract template
An ongoing contract for employees who work fewer than 38 hours a week on a regular pattern. Record the agreed hours, set pro rata leave and keep the signed copy against the employee record.
Updated September 2026. Drafted with Cowell Clarke Commercial Lawyers.
Contract of employment
Part-time
Contract particulars
- Use for
- Ongoing employees on fewer than 38 hours a week with set days and hours
- Versions
- Award covered or award free
- Length
- 10 to 23 pages, depending on the clauses you select
- Hours
- Agreed in writing before work starts under most awards
- Included
- Fair Work Information Statement and position description, attached automatically
- LegalDrafted with Cowell Clarke Commercial Lawyers
- CurrentUpdated as employment law changes
- ComplianceStatements and position description attached automatically
- SigningE-signature and storage built in
In short
What is a part-time employment contract?
A part-time employment contract sets the terms for an ongoing employee who works fewer than 38 hours a week on set days and hours. Part-time employees get the same National Employment Standards entitlements as full-time staff, calculated pro rata.
Which part-time contract do you need?
Award covered
A modern award or enterprise agreement covers the role
Award free
No award covers the role
Awards define part-time differently. Some set minimum engagements or a minimum number of weekly hours, so check the award before you set the hours.
Setting the hours
Most modern awards require you and the employee to agree the regular pattern of work in writing at the start: the days, the start and finish times and the total hours. Record any change in writing too.
Under many awards, hours worked beyond the agreed pattern attract overtime unless the change was agreed in writing first.
Part-time or casual?
| Part-time | Casual | |
|---|---|---|
| Commitment | Ongoing, with set hours | No firm advance commitment to ongoing work |
| Paid leave | Annual and personal leave, pro rata | None, a casual loading instead |
| Notice | NES notice applies | NES notice doesn’t apply |
| Information statement | Fair Work Information Statement | Fair Work and Casual Employment Information Statements |
Scroll the table sideways to compare
Hiring for irregular shifts? Use the casual employment contract.
What's in the contract
Core clauses
- Nature and status of employment
- Commencement date
- Position and reporting relationship
- Probationary period
- Location of employment
- Hours of work
- Remuneration and leave entitlements
- Compensation for all legal entitlements
- Return of property
- Confidential information
- Policies and procedures
- Superannuation
- Notice of termination
- Redundancy
- Medical assessments, including vaccinations
- Personal information and privacy
Optional clauses
- Annualised salary
- Intellectual property
- Non-cash benefits
- Bonus and incentive payments
- Post-employment obligations, including non-solicitation
- Work expenses and reimbursement
- Company property such as cards, laptops and phones
- Continuing education requirements
Who can use it
Built for employers in the national workplace relations system. Get advice before using it if you are a non-constitutional corporation employer in Western Australia, a state public sector employer outside Victoria, or a local government employer outside Tasmania and Victoria. Federal rules can be more or less generous than the state rules that apply to you.
What to check before you issue it
Awards and enterprise agreements
The contract can’t give less than the award, enterprise agreement or National Employment Standards (NES) that apply. Terms below those minimums have no effect and leave you liable for the shortfall. Check hours averaging and pay frequency rules in the award.
The set-off clause
The contract offsets total pay against award entitlements. It doesn’t remove the obligation or protect you from penalties if pay falls short. Consider an individual flexibility arrangement (IFA), an annual earnings guarantee or an annualised salary clause.
Employees who need specific advice
Get advice before issuing the contract to sales staff, shift workers, employees under 18, senior executives or public sector employees.
Existing employees
A new contract for an existing employee needs something new in return, such as a promotion or pay rise. Without it, the new terms may be unenforceable.
Restraints
Post-employment restraints must be reasonable and fit the role. The contract uses cascading clauses so a court can keep the parts that hold up. NSW courts can read down an unreasonable restraint. Courts in other states apply it or strike it out.
Policies
The contract states that your policies don’t form part of it. That stops a policy breach becoming a breach of contract. Write policies broadly and follow them.
Medical assessments and vaccinations
You can make a vaccination or medical assessment a condition of employment for new staff. For existing staff it has to be a lawful and reasonable direction, and the Privacy Act applies to the health information you collect.
Deductions from final pay
The contract allows deductions for money owed when employment ends. Enforceability varies, so get advice before you deduct.
Company property and FBT
Get tax advice on fringe benefits tax before giving staff company property for personal use.
Information statements
Every new employee must get the Fair Work Information Statement before they start, or as soon as practicable after. HR Command attaches the current version to the contract automatically, so it goes out with every offer.
Position description
The contract sets the terms. The position description sets the job. Without one, performance management and redundancy decisions are much harder to defend. HR Command issues the position description with the contract and keeps it on the employee record.
Part-time employment contract FAQs
Straight answers to the questions employers ask most. Need a specific answer for your situation?
Talk to an advisorHow many hours is part-time in Australia?
Fewer than 38 hours a week on average, on a regular and predictable pattern. Awards can set a minimum engagement or define part-time differently.
Do part-time employees get paid leave?
Yes. Annual leave and personal or carer's leave accrue pro rata based on their ordinary hours.
Do part-time hours have to be in writing?
Under most modern awards, yes. Agree the days, start and finish times and total hours in writing before work starts, and record any change in writing.
What happens if a part-time employee works extra hours?
Under many awards, hours beyond the agreed pattern are paid as overtime unless you both agreed the change in writing first. Check the award that applies.
What is the difference between part-time and casual employment?
Part-time employment is ongoing with set hours and paid leave. Casual employment has no firm advance commitment to ongoing work and pays a casual loading instead of paid leave.
Can I move a part-time employee to full-time?
Yes, with their agreement. Record the change in a variation letter or issue a new full-time contract.
Other employment contracts
Compare all contracts- Full-time employment contractOngoing employees averaging 38 hours a week.
- Casual employment contractIrregular work with no firm commitment to ongoing hours.
- Fixed term employment contractTime-limited roles with a genuine end date.
- Independent contractor agreementIndividuals running their own business under an ABN.
Build a part-time contract in minutes
See how the builder records agreed hours and pro rata leave, or talk to an advisor about your workforce, or your clients'.
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