Full-time employment contract template
An ongoing contract for employees who work an average of 38 hours a week. Choose award covered or award free, then a simple or comprehensive version. Build it, send it for e-signature and store it against the employee record.
Updated September 2026. Drafted with Cowell Clarke Commercial Lawyers.
Contract of employment
Full-time
Contract particulars
- Use for
- Ongoing employees averaging 38 hours a week on set days and hours
- Versions
- Award covered or award free. Simple, comprehensive or hourly wage.
- Length
- Simple 3 to 4 pages. Comprehensive 10 to 23 pages, depending on the clauses you select.
- Minimums
- Can’t go below the NES, the award or an enterprise agreement
- 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 full-time employment contract?
A full-time employment contract sets the terms for an ongoing employee who works an average of 38 hours a week on set days and hours. It covers the role, pay, hours, leave, notice and restraints, and it can’t give less than the National Employment Standards or the award that applies.
Which full-time contract do you need?
Check award coverage first, then decide how much protection the role needs.
Comprehensive
An award or enterprise agreement applies and you need intellectual property, bonus, restraint or company property clauses
10 to 23 pagesSimple
An award applies and the role is straightforward
3 to 4 pagesHourly wage
An award applies and you pay an hourly rate instead of an annual salary
3 to 4 pagesSimple
No award covers the role
3 to 4 pagesComprehensive
No award covers the role and you need the full set of protective clauses
10 to 23 pagesIf an award or enterprise agreement applies, check how it defines full-time. Some set ordinary hours below 38.
Full-time or part-time?
| Full-time | Part-time | |
|---|---|---|
| Hours | An average of 38 a week | Fewer than 38 a week |
| Pattern | Set days and hours | Set days and hours, agreed in writing under most awards |
| Employment | Ongoing | Ongoing |
| Leave | Full NES entitlements | NES entitlements, pro rata |
Scroll the table sideways to compare
Hiring for fewer hours? Use the part-time 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
The simple versions keep the core clauses and leave out most optional ones.
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.
Full-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 full-time in Australia?
An average of 38 ordinary hours a week, plus reasonable additional hours. Some awards and enterprise agreements set fewer ordinary hours for full-time work.
Do full-time employees need a written contract?
The law doesn't require one in most cases, but a written contract is the only reliable record of pay, duties and restraints. You must give the Fair Work Information Statement either way.
Can a contract pay less than the award?
No. Terms below the award, an enterprise agreement or the National Employment Standards have no effect, and you remain liable for any shortfall.
Should I use the simple or comprehensive version?
Use the simple version for straightforward roles. Use the comprehensive version when you need intellectual property, bonus, restraint, company property or annualised salary clauses.
Can a full-time contract include a probation period?
Yes. The contract includes one. The unfair dismissal minimum employment period is separate: 6 months, or 12 months for a small business with fewer than 15 employees.
Can I move an existing employee onto a new contract?
Only with their agreement, and usually with something new in return such as a promotion or pay rise. Without it, the new contract may be unenforceable.
Other employment contracts
Compare all contracts- Part-time employment contractOngoing employees on fewer than 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.
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See the builder choose the right version and clauses, or talk to an advisor about your workforce, or your clients'.
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