Employee Application Form | Sprintlaw Australia

Hiring your first (or next) team member is a big step for any small business.

But before you get to the interview and onboarding stage, there’s one document that can quietly make your hiring process smoother, more consistent, and legally safer: an employee application form.

When it’s done well, an employee application form helps you collect the right details, compare candidates fairly, and create a paper trail showing you ran a consistent recruitment process. When it’s done poorly (or copied from a random template online), it can create privacy issues, discrimination risks, and confusion about what you can and can’t ask.

Below, we’ll walk you through what an employee application form should include for Australian small businesses, what to avoid, and how to set it up so it actually helps you hire better (without creating legal headaches later). (This article is general information only and not legal advice.)

What Is An Employee Application Form (And Why Should You Use One)?

An employee application form is a structured document you give to candidates to collect key information about them and their suitability for the role.

Even if you also accept resumes and cover letters, an application form gives you a consistent way to collect information across all candidates, such as:

their contact details
their work history (in a format you can compare)
their availability
their right to work in Australia
referee details (if you choose to request them)

For small business owners, the biggest advantage is consistency. If you have 30 applicants and each resume is formatted differently, it can be hard to fairly compare candidates. A form gives you a “like for like” snapshot.

From a legal risk perspective, a good form can also help you:

avoid asking inappropriate questions (or collecting irrelevant personal information)
show your selection criteria was job-related
support better privacy practices when collecting applicant data

Core Details Every Employee Application Form Should Include

There’s no single mandatory template for an employee application form in Australia. What you include should match the role, your industry, and your hiring process.

That said, most Australian small businesses should cover the following basics.

1. Position Details

Start by clearly identifying what the candidate is applying for. This reduces confusion (especially if you’re hiring for more than one role).

Job title
Business name (and optionally the work location)
Employment type (full-time, part-time, casual, or fixed term)
Date of application

If the role is casual, you’ll also want your form (and recruitment ads) to align with your casual engagement approach, including rostering expectations and flexibility.

2. Candidate Contact Information

Keep this section practical and minimal. Only collect what you need to contact them and progress the recruitment process.

Full name
Phone number
Email address
Address (optional - many businesses collect suburb/state only at application stage)

A common mistake is requesting excessive identity information too early (like driver licence numbers or passport numbers). In most cases, you don’t need that at the application stage, and collecting it can create unnecessary privacy and data security obligations.

3. Right To Work In Australia

As an employer, you should confirm the applicant has the right to work in Australia. You can often do this without collecting unnecessary sensitive documents upfront.

For example, your employee application form might include checkboxes such as:

I am an Australian citizen
I am a permanent resident
I have a visa that allows me to work in Australia

You can then ask for proof later in the process (usually once you’re moving towards an offer). This helps you avoid collecting extra information from every applicant when only a few will progress.

4. Availability And Work Preferences

This is one of the most useful parts of an employee application form for small businesses, especially in retail, hospitality, health, and service-based industries.

Consider including:

Available start date
Days/times available to work
Preferred hours per week (if relevant)
Any constraints (e.g. study commitments)

Try to keep the questions neutral and job-focused. If you need weekend work, for example, you can ask whether the applicant can work weekends, rather than asking about family responsibilities or personal commitments.

5. Qualifications, Licences, And Certifications (Role-Specific)

Only include this section if it genuinely relates to the role.

Examples include:

RSA / RSG (hospitality and venues)
First aid and CPR (many customer-facing and care roles)
Trade qualifications or tickets (construction, electrical, plumbing)
Professional registrations (health services and regulated industries)

If you’re going to ask for licence numbers or copies of certificates, think carefully about whether you need them at application stage, or whether it’s better to confirm later for the preferred candidate.

6. Work History And Relevant Experience

This section should help you assess suitability against the role requirements.

Common fields include:

Most recent employer
Role title and duties
Dates of employment
Reason for leaving (optional - and best kept broad)

A practical approach is to ask for the last 2–3 roles rather than a full employment history, unless you’re hiring for a senior role.

7. Referees

Referees can be helpful, but they’re not always needed at the application stage.

If you do include referees, consider asking for:

Name
Relationship to applicant (manager, colleague, etc.)
Company
Phone and/or email

You may also include a consent tick box confirming the candidate authorises you to contact referees (or that you’ll ask first before contacting them).

8. Declarations And Candidate Acknowledgements

A short declaration section helps clarify expectations and gives you a record if information later turns out to be false.

Common declarations include:

the information provided is true and correct
the candidate understands the business may verify information
the candidate consents to the collection and use of information for recruitment purposes

This is also a sensible place to point candidates to your privacy handling approach (more on that below).

What You Should NOT Ask In An Employee Application Form

One of the biggest legal risks with an employee application form is including questions that could be discriminatory, irrelevant, or overly intrusive.

In Australia, discrimination laws apply at the recruitment stage. Even if you don’t mean to discriminate, collecting certain information can create risk because it can be linked to protected attributes and used (or appear to be used) in decision-making.

Avoid Questions About Protected Attributes

As a general rule, avoid questions that directly (or indirectly) relate to attributes such as:

age or date of birth (unless there’s a lawful reason, such as minimum age requirements for serving alcohol)
marital status
pregnancy or family planning
religion
race, ethnicity, or nationality (beyond lawful right-to-work checks)
disability or health conditions (unless the questions are about inherent requirements of the role)
sexual orientation or gender identity (unless you have a lawful and genuinely relevant reason)

If you need information about a candidate’s ability to do the job, focus your questions on the role requirements. For example, rather than asking about health conditions, you might ask whether they can perform specific physical tasks that are an inherent part of the role (e.g. lifting up to a certain weight).

Be Careful With Criminal History Questions

Some industries require criminal history screening (for example, working with children checks in relevant roles). If that applies to your business, tailor the question carefully to the legal requirement and the role.

If it doesn’t apply, avoid broad questions like “Have you ever been charged with an offence?” because it can be overly intrusive and not job-related.

Don’t Collect Excessive Personal Data Too Early

Many small businesses accidentally collect too much information at the application stage, such as:

copies of passports or visas for every applicant
driver licence numbers when driving isn’t part of the role
bank details
TFNs

A good rule of thumb is: collect only what you need to shortlist and interview. Collect onboarding information later, once the candidate is your preferred hire and you’re preparing the offer and employment paperwork (including an appropriate Employment Contract).

Privacy And Data Handling: How To Collect Application Information Safely

When you collect information via an employee application form, you’re collecting personal information. That means you should think about privacy compliance and good data practices from day one.

Some businesses must comply with the Privacy Act 1988 (Cth), while others may be covered by exceptions (including the small business exemption) or by other privacy/health records laws depending on what you do and where you operate. Either way, strong privacy practices are still important. They build trust with candidates and reduce the risk of mishandling sensitive information.

Include A Short Privacy Collection Statement

Consider including a short privacy notice within the form, explaining:

what information you’re collecting
why you’re collecting it (recruitment and hiring)
who you might disclose it to (e.g. recruitment providers, referees)
how the applicant can contact you to access or correct their information

If you already have a Privacy Collection Notice process for your business, aligning your recruitment data collection with that approach is a smart move.

Set Clear Internal Rules For Storing And Deleting Applications

Small business hiring often involves shared inboxes, forwarded emails, and printed resumes. That can quickly turn into a privacy and security problem.

At a minimum, decide:

where applications will be stored (and who has access)
how long you’ll keep unsuccessful applications
how you’ll dispose of them securely (delete or shred)

If you want a more structured approach, you can incorporate these expectations into internal policies and procedures (particularly if you have multiple managers involved in hiring).

How An Employee Application Form Fits Into Your Broader Hiring Process

It’s worth remembering that the application form is just one part of your recruitment system. The goal is to collect relevant information, shortlist fairly, and then make the right offer with the right documents in place.

Here’s how the pieces typically fit together for Australian small businesses:

Step 1: Advertise The Role With Clear Requirements

If you know you need evening availability, a licence, or specific experience, put it in the job ad. This reduces unsuitable applications and makes your selection criteria clearer.

Step 2: Use The Same Employee Application Form For All Candidates

Consistency is key.

If you use different questions for different applicants, it becomes harder to show that you assessed everyone fairly and based on the requirements of the role.

Step 3: Interview Using Structured Questions

An application form is a great starting point for interviews. You can use it to:

clarify gaps in work history
ask follow-up questions about experience
confirm availability and role expectations

Try to keep your interview questions aligned with the same job-based criteria reflected in the form.

Step 4: Make An Offer And Use The Right Employment Documents

Once you’ve chosen your preferred candidate, the next step is documenting the employment relationship properly.

Depending on the role, that may include:

a tailored Employment Contract (for full-time or part-time staff) or a casual contract
workplace policies (for example, behaviour, leave requests, confidentiality, and IT use)
clear pay and entitlement settings that align with the relevant modern award (if applicable)

If you’re also thinking about processes for ending employment (which is often where disputes arise), it’s worth understanding notice obligations too, including payment in lieu of notice where appropriate.

Extra Clauses And Sections To Consider (Depending On Your Industry)

Some small businesses need more than the basics. The key is to keep your application form relevant to the role, and avoid turning it into a catch-all questionnaire.

Here are some role-specific sections you might include where appropriate.

Health And Safety Questions (Focused On Inherent Requirements)

If a role has physical demands, you can ask questions that relate directly to the inherent requirements of the role.

For example:

Can you safely lift up to X kg as part of your ordinary duties?
Can you stand for extended periods?

Be careful not to ask broad medical questions that aren’t connected to the job. If you later need to assess fitness for work, there are specific legal considerations around when and how you can request medical information. In more complex scenarios, we’d usually suggest getting advice on medical clearance and related processes.

Driver Requirements

If driving is part of the role (e.g. delivery drivers, mobile technicians), it may be reasonable to ask whether the applicant:

holds a current driver licence (and the class)
has access to a vehicle (if required)
has a driving history that would affect the role (careful wording is important here)

Again, avoid collecting licence numbers or copies for everyone unless you truly need it at application stage.

Working With Vulnerable People Checks

If your business works with children, older people, or other vulnerable groups, you may need screening checks. Your application form can ask whether the candidate already holds the required clearance, or is willing to obtain it.

Keep it role-specific, and make sure your process is consistent.

Confidentiality And Conflicts Questions

If the role involves sensitive business information, you might include questions about:

whether the candidate has any conflicts of interest (for example, working for a competitor)
whether the candidate is bound by restraints from a previous employer (this can impact when they can start and what work they can do)

These issues are often better handled in the employment contract and workplace policies, rather than collecting detailed information from every applicant upfront.

Key Takeaways

An employee application form helps you collect consistent information, shortlist more fairly, and reduce recruitment risk in your small business.
Your form should focus on job-relevant details: role applied for, contact information, right to work in Australia, availability, experience, and (if needed) referees.
Avoid questions that could be discriminatory or intrusive, and don’t collect sensitive identity or onboarding details (like TFNs or bank details) at the application stage.
Think about privacy when collecting applications, including a short collection statement and clear internal rules for storing and deleting applicant data.
Your application form should work alongside the rest of your hiring process, including a properly drafted employment agreement and clear workplace expectations.

If you’d like help setting up a legally safer hiring process (including your employee application form and employment documents), you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.

Employee Application Form: What to Include Under Australian Law