Alex is Sprintlaw's co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Contents
Hiring full-time employees is a big step for any Australian business. It’s also the point where your legal obligations (and your ability to offer great benefits) really matter.
Get these settings right and you’ll attract strong talent, keep your team engaged, and reduce the risk of costly mistakes under employment law.
This guide breaks down the core benefits full-time employees are entitled to under Australian law, the optional perks that can give you an edge, and the practical documents and processes to put in place. Use it as your employer checklist so you can focus on running a great business with confidence.
What Counts As A Full-Time Employee In Australia?
In Australia, a full-time employee generally works around 38 ordinary hours per week on an ongoing basis (plus reasonable additional hours). They’re covered by the National Employment Standards (NES) under the Fair Work Act 2009, along with any applicable modern award or enterprise agreement.
Key points to keep in mind:
- Full-time is typically 38 ordinary hours per week, but the exact “ordinary” span and rosters can be set by an award, enterprise agreement or contract.
- Full-time employees receive paid annual leave, paid personal/carer’s leave and other NES entitlements.
- Where an award applies (for example, in retail, hospitality or clerical roles), it may set minimum rates, classification levels, allowances, breaks and penalty rates that you must follow.
It’s important to confirm whether a modern award applies to the role. If it does, your contract and policies must at least meet (and can exceed) those award conditions.
Core Legal Entitlements You Must Provide
The following entitlements generally apply to full-time employees under the NES and other workplace laws. Always check the relevant award or enterprise agreement for any additional benefits specific to your industry.
Annual Leave
Full-time employees are entitled to a minimum of four weeks of paid annual leave per year of service (some shiftworkers receive more). Leave accrues progressively and carries over year to year if unused.
Some awards and agreements include annual leave loading (often 17.5%) when annual leave is taken. If leave loading applies, make sure it’s clearly set out in the contract and correctly configured in payroll.
Personal/Carer’s Leave (Sick Leave)
Full-time employees receive 10 days of paid personal/carer’s leave per year of service (accruing progressively). This covers absences due to illness or injury, or caring responsibilities for an immediate family or household member.
Workers can also take two days of unpaid carer’s leave per occasion if paid leave has been exhausted, and two days of compassionate leave per permissible occasion. For full-time and part-time employees, compassionate leave is paid; for casuals, it’s unpaid.
Family And Domestic Violence Leave
Employees are entitled to 10 days of paid family and domestic violence leave per 12-month period, available upfront. Your policies should outline confidential processes for requests and support, and specify who handles sensitive information.
Public Holidays
Full-time employees are entitled to be absent on public holidays and paid their base rate for ordinary hours that fall on the day, unless they’re reasonably requested to work. Awards often set rules for penalty rates if work is required.
Long Service Leave
Long service leave rules are state and territory based. Accrual rates, portability and timing vary, so check the rules for your employee’s location and record accrual carefully in your HR and payroll systems.
Parental Leave
After 12 months of continuous service, employees are entitled to up to 12 months of unpaid parental leave, with the option to request an additional 12 months. The Government’s paid parental leave scheme is separate from your obligations as an employer, but your policies should support notice requirements and return-to-work arrangements.
Superannuation
You must pay superannuation guarantee (SG) contributions on ordinary time earnings (OTE) to a complying fund by the quarterly due dates. The legislated SG rate is 12% from 1 July 2025. If you’re processing payroll before that date, ensure your system reflects the correct rate for that period and automatically applies the increase from 1 July 2025.
Hours, Overtime And Breaks
Full-time employees work around 38 ordinary hours per week. Additional hours must be reasonable, and awards often set specific rostering rules, minimum breaks and penalty rates.
When extra hours attract additional pay, follow your award and the rules on overtime, penalty rates or approved time off in lieu (TOIL) where permitted. If you use TOIL, make sure the award allows it and your process is written and consistently applied. You can also review how time off in lieu is managed and recorded to stay compliant.
Flexible Work Requests
Eligible employees can request flexible working arrangements in certain circumstances (for example, carers’ responsibilities, disability or family and domestic violence). You must consult, respond in writing within the required timeframes, and can only refuse on reasonable business grounds.
Notice Of Termination And Redundancy
Employees are entitled to minimum notice or pay in lieu if their employment ends (with additional notice based on length of service and in some cases age). If you choose payment instead of working notice, handle it correctly as payment in lieu of notice.
If a position is genuinely redundant, redundancy pay may apply based on years of continuous service. It’s smart to check the numbers before communicating outcomes-start with guidance on how to calculate redundancy pay.
Optional Benefits To Attract And Retain Talent
Beyond the legal minimums, many employers offer extra benefits to stand out in a competitive market. Choose perks that align with your culture, budget and workforce needs.
- Additional Paid Leave: Extra annual leave days, wellbeing days, paid volunteering time or topping up paid parental leave.
- Flexible Work Options: Hybrid arrangements, compressed weeks, adjusted start/finish times or purchased leave schemes.
- Learning & Development: Paid training, study support, professional memberships or time to complete CPD.
- Bonuses and Incentives: Performance bonuses, team rewards or profit sharing linked to clear targets.
- Equity and Ownership: Employee share or option plans to align long-term interests with the business.
- Health & Wellbeing: Employee assistance programs (EAP), fitness allowances, flu shots, ergonomic setups or mental health days.
- Salary Packaging/FBT-Effective Benefits: Novated leasing, devices or other benefits-seek independent tax advice on Fringe Benefits Tax (FBT) and payroll tax impacts, as Sprintlaw doesn’t provide tax advice.
- Tools of Trade and Allowances: Company phones, laptops, home office stipends, travel allowances or uniform allowances, as appropriate.
Where benefits are discretionary (for example, bonuses or additional leave), document the eligibility rules and decision process to manage expectations and avoid disputes.
Policies, Contracts And Records: What To Put In Writing
Your documents should translate the law and your benefits into clear, practical rules. This protects both your business and your team.
Employment Contracts
A well-drafted Employment Contract for full-time staff should set out duties, classification, hours, remuneration (including allowances, loadings and bonuses if applicable), super, leave, confidentiality, IP, restraint clauses and termination/notice.
It should also reference any applicable award and confirm that you’ll meet or exceed minimum conditions.
Workplace Policies
Core policies help you set expectations and respond consistently to common scenarios. Consider policies covering leave administration, flexible work, code of conduct, bullying and harassment, performance management, use of company property, social media and IT security.
Many employers house these in a single resource (a Staff Handbook) so processes are easy to find and apply consistently. If you need a starting point, our Staff Handbook Package is designed for Australian SMEs.
Pay, Leave And Benefit Rules
Where an award or enterprise agreement applies, explain how classification levels, penalty rates, overtime, breaks and rostering will be applied. If you’re offering TOIL, confirm the award permits it and outline the request, approval and reconciliation process in writing.
For annual leave, note any leave loading and how requests will be approved. If you offer extra paid benefits or allowances, spell out eligibility and approval steps to ensure fairness.
Health, Safety And Wellbeing
Employees are entitled to a safe workplace. Keep your WHS policies and risk assessments up to date, and train managers to respond to incidents and support employees (for example, through EAPs or reasonable adjustments).
Record-Keeping
Maintain accurate time and wage records, payslips, leave balances, super contributions and employment history. Good records are essential for legal compliance, smooth audits and fair management of benefits.
Payroll, Super And Leave Management: Employer Checklist
Here’s a step-by-step checklist to implement and manage full-time employee benefits confidently.
1) Confirm Coverage And Classifications
- Identify the applicable modern award (if any) and correct classification level.
- Check whether an enterprise agreement applies instead of an award.
- Map core entitlements and any role-specific allowances, penalties or break rules.
2) Finalise Contracts And Policies
- Issue a current full-time Employment Contract that aligns with the award and your policies.
- Adopt or update your leave, flexible work and conduct policies, and communicate them to staff (a central Staff Handbook works well).
- Build onboarding checklists and manager guidance so benefits are applied consistently.
3) Set Up Payroll Correctly
- Load correct base rates, penalty rules, classifications and allowances per the award or agreement.
- Configure overtime and TOIL correctly in your system, aligned to your written policy and any award requirements.
- Ensure super is calculated on ordinary time earnings using the correct SG rate and is paid by quarterly due dates (12% from 1 July 2025).
4) Implement Leave Processes
- Accrue annual leave and personal/carer’s leave progressively each pay cycle.
- Turn on leave loading where applicable and reflect it in the employee’s contract and pay configuration.
- Define evidence requirements (for example, medical certificates for personal leave) in policy and apply them consistently.
5) Manage Hours, Breaks And Overtime
- Roster ordinary hours within the award’s spread and ensure required rest and meal breaks are rostered and taken.
- Where additional hours are reasonable and required, apply the correct overtime or approved time off in lieu process.
- Keep accurate time records to support compliance and fair payment.
6) Communicate Benefits Clearly
- During onboarding, explain key entitlements, leave processes and how to request flexibility (including who approves what).
- Make policies accessible (intranet or HRIS) and train managers to apply them correctly.
- Review benefits annually to ensure they remain competitive and compliant with any legal updates.
7) Handle Changes And Exits Lawfully
- When roles or classifications change, update contracts and payroll settings to reflect new entitlements.
- For terminations, apply the correct notice or pay in lieu, and calculate unused leave and any redundancy pay accurately.
- For restructures, confirm whether redundancy pay applies and model outcomes using guidance on redundancy calculations.
Key Takeaways
- Full-time employees in Australia are covered by the NES and often a modern award, which together set minimum entitlements like annual leave, personal/carer’s leave, public holidays, super and notice.
- Confirm the applicable award and classification first-this drives minimum rates, penalty rules, breaks and any overtime or TOIL arrangements.
- Put the essentials in writing with a clear Employment Contract and robust policies covering leave, flexible work, conduct, WHS and benefits.
- Configure payroll to correctly handle base rates, allowances, overtime, leave accruals and super on ordinary time earnings, and apply the 12% SG rate from 1 July 2025.
- Optional benefits-extra paid leave, flexibility, learning and development and incentives-can lift attraction and retention when they’re transparent and consistently applied.
- For exits and restructures, apply the right notice or pay in lieu and check any redundancy pay using up-to-date guidance.
If you’d like a consultation on setting up full-time employee benefits and documents for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
