How To Write An Employee Position Description That Works Within Your Employment Agreement

Getting your people foundations right sets the tone for everything else in your business. A clear, practical employee position description helps your team understand what “good” looks like, supports fair performance management, and reduces legal risk when roles change.

The key is making sure your position descriptions don’t exist in a vacuum. They need to align with your employment agreement and Australian workplace laws so they’re useful day to day and stand up if challenged.

In this guide, we’ll explain what to include, how to keep your documents consistent, and the legal checkpoints to cover so your position descriptions actually work in practice.

Why Position Descriptions Matter In Australia

A well-written position description does more than list tasks. It sets clear expectations for both sides and acts as a reference point throughout the employment relationship.

• Clarity and accountability: Your team knows what they’re responsible for, and you have a fair baseline for feedback, training and support.
• Recruitment and onboarding: You’ll attract the right candidates and get new starters up to speed faster.
• Performance and change: If performance slips or you need to restructure, a current position description helps you act consistently and transparently.
• Evidence if there’s a dispute: It’s easier to show your expectations were reasonable when they’ve been documented and kept up to date.

Think of the position description as the practical “what and how” that supports the legally binding “terms” in the contract.

How A Position Description Fits With Your Employment Agreement

Your employment agreement is the legally binding contract. It should set out the core terms (pay, classification, hours, leave, confidentiality, termination and notice, dispute resolution and so on). The position description then provides the day-to-day detail about the role.

Here’s how to make the two work together without conflict:

• Attach or incorporate: Reference the position description in the Employment Contract and attach it as a schedule. That way, both parties are clear on which version applies at the time of signing.
• Keep it subordinate to the contract: Include wording that the position description supports (and does not override) the contract. If there’s ever a conflict, the contract should prevail.
• Flexibility clause (reasonable duties): It’s sensible to state the employee may be required to perform other reasonable duties within their skills and competence. This allows roles to evolve.
• Policies are usually non‑contractual: Most employers want workplace policies to guide behaviour without becoming contractual promises. Make sure your contract says policies are not part of the employment contract and can be updated from time to time.
• Be consistent on hours and classification: If your agreement says full-time with a standard week of 38 hours under the National Employment Standards (NES), the position description shouldn’t contradict this.

If you plan to materially change duties or reporting lines later, check whether a formal variation or consultation process is needed and consider updating both the schedule and the agreement. For bigger changes, this often involves a contract variation - this overview of changing employment contracts explains what to watch.

Step-By-Step: Drafting A Position Description That Works

Use this practical structure to write a position description that’s clear, flexible and aligned with your agreement.

1) Start With The Essentials

• Job title and team/department
• Location (onsite/remote/hybrid) and any travel requirements
• Reporting lines (who the role reports to, and any direct reports)
• Employment type (full-time, part-time, casual or fixed-term)

2) Add A Short Role Purpose

One to three sentences covering why the role exists and the value it delivers. This helps new starters see the “big picture”.

3) List Key Responsibilities (Focus On Outcomes)

Use a bulleted list and clear action verbs. Group similar tasks together and keep each point concise.

• 5–8 core responsibilities for most roles (more for complex roles)
• Use outcome-focused language (e.g. “Manage the monthly reporting process and deliver insights to leadership”)
• Flag if something is occasional or “as required”
• Close with “other reasonable duties within skills and experience” to preserve flexibility

4) Outline Required Skills And Qualifications

Separate essentials from “nice to haves” so you don’t exclude good candidates unnecessarily.

• Mandatory licences, registrations or certifications (if any)
• Key technical skills or systems (e.g. CRM, POS, accounting software)
• Experience level (e.g. “2+ years in a similar customer-facing role”)
• Core capabilities (e.g. stakeholder communication, problem-solving)

5) State Working Patterns Without Confusion

Be clear, but avoid locking yourself into unnecessary promises.

• Standard hours and roster expectations that align with your agreement and any applicable award
• Note that hours are based on the NES standard week of 38 hours for full-time, unless otherwise agreed
• If shifts, overtime or on-call apply, describe the pattern at a high level and ensure it’s consistent with the award classification

If you need a refresher on employer obligations around hours, this guide to maximum hours per week is a useful reference.

6) Cover Any Physical Or Safety-Critical Requirements

Call out inherent requirements (e.g. standing for long periods, lifting up to 10kg, working at heights, operating vehicles) so candidates understand what’s essential to perform the role safely.

7) Check Award Classification And Pay Alignment

For award-covered roles, make sure the described duties line up with the correct classification level. This supports correct pay rates and helps avoid underpayments. If you’re unsure, get help with Modern Awards and classification.

8) Keep The Language Practical And Avoid Promises

Position descriptions are not marketing brochures. Avoid absolute promises like “no weekend work ever” or “fully remote forever” unless you intend to make those contractual. Keep it accurate and flexible.

9) Attach It To The Contract And Keep Versions

Attach the final position description as a schedule to the contract and keep a clean version history. If you update it later, ensure the right consultation and variation steps are followed and store the signed update with the employee’s records.

Legal Compliance In Australia: Awards, WHS, Discrimination And Privacy

There’s no law that says you must have a written position description for every employee. However, a compliant, consistent one makes it much easier to meet your legal obligations and manage risk.

Modern Awards And Enterprise Agreements

Where a role is covered by a modern award or enterprise agreement, the position description should reflect the relevant classification, span of hours and allowances. Misclassification can lead to underpayments and penalties, so verify your level against the actual duties and, if needed, get assistance with Modern Awards.

Discrimination And Equal Opportunity

Don’t include criteria that unlawfully discriminate (e.g. age, sex, race, religion, disability), unless an inherent requirement or lawful exception applies. Keep requirements job-related and proportionate to the role.

Work Health And Safety (WHS)

Identify safety‑critical tasks and inherent requirements so you can provide appropriate training, equipment and supervision. Clear WHS expectations in the position description support your duty to provide a safe working environment.

Hours, Breaks And Rostering

Ensure any description of hours aligns with the NES standard 38-hour week for full-time employees, any award provisions, and the flexibility in your contract. If you refer to breaks or roster changes, apply the relevant framework consistently and document expectations in non‑contractual policy rather than turning them into promises in the position description.

Privacy And Personal Information

Most small businesses still collect some personal information about applicants and employees. Whether you’re legally required to publish a Privacy Policy depends on whether you are an APP entity under the Privacy Act 1988 (Cth) or otherwise caught by specific rules (for example, certain health service providers and credit providers). Even if not strictly required, having a clear privacy approach is good practice and often expected if you operate online or run recruitment campaigns.

Post‑Employment Restrictions

If you need confidentiality, non‑solicitation or restraint clauses, include them in the employment contract (not the position description) and ensure they are reasonable and tailored to the role. If you’re considering restrictions, it’s wise to get restraint of trade advice to improve enforceability.

What Other Documents Sit Alongside A Position Description?

A position description is only one part of a compliant employment setup. Consider these documents and where they should live:

• Employment Agreement: The core contract setting out pay, classification, hours, duties flexibility, confidentiality, IP ownership, termination and notice. Attach the position description as a schedule to the Employment Contract.
• Workplace Policies (non‑contractual): A code of conduct, leave, WHS, bullying and harassment, grievance and remote work guidelines. Keep these as non‑contractual policies that you can update, and centralise them via a Workplace Policy framework or staff handbook.
• Fair Work Information Statements: Provide the current Fair Work Information Statement (and Casual Employee Information Statement where relevant) to new employees.
• Privacy & Data Handling: If you’re an APP entity or otherwise required, put in place an accessible Privacy Policy and internal processes for handling employee data.
• Performance & Termination Documents: Templates for warnings, performance plans and exit letters help you act consistently and fairly. Many employers rely on an Employee Termination Documents Suite to streamline this.

Well‑maintained position descriptions can also support fair consultation and decision-making in restructures and redundancies. If you’re considering a change process, this practical redundancy calculator article is a helpful starting point on entitlements.

Where Should You Put The Detail?

• Contract: Put the key legal terms here so they’re clear and enforceable.
• Position description: Put day‑to‑day duties and role expectations here, with flexibility wording.
• Policies: Put procedural detail (how you apply breaks, rosters, leave approval, expense claims) in non‑contractual policies so you can refine them over time.

Common Drafting Pitfalls To Avoid

• Inadvertently promising fixed work patterns when your business needs flexibility.
• Listing duties that don’t match the award classification, leading to underpayment risk.
• Copy‑pasting a generic description that doesn’t reflect the actual role (and becomes impossible to enforce).
• Quietly changing duties without consultation or updating documents, which can create disputes later.

Version Control And Rollout

When you update a position description, explain the changes, consult where required, and confirm in writing. For significant changes, use a formal variation process and update the schedule attached to the contract. Keep version history with dates so everyone is working from the latest agreed document.

Practical Tips For Keeping Position Descriptions Current

• Review during performance reviews, promotions, restructures and after major process changes.
• Sanity‑check against the award/EA and your contract before publishing an update.
• Communicate updates clearly and confirm acceptance (especially for material changes).
• Store signed versions securely and align your policies and onboarding materials accordingly.

Key Takeaways

• A position description sits alongside the contract: it describes day‑to‑day duties and expectations, while the contract sets the binding terms.
• Attach the position description to the Employment Contract, keep it subordinate to the contract and include flexibility wording for “other reasonable duties”.
• Align duties and hours with the NES 38‑hour week (for full‑time), any applicable award classification and your rostering needs.
• Keep policies non‑contractual so you can update procedures without creating new contractual obligations; a coherent Workplace Policy framework helps.
• Only some businesses are legally required to publish a Privacy Policy (for example, APP entities), but clear privacy practices are still good business hygiene.
• Review and update position descriptions when roles change, consult where required, and use a formal variation process for material changes - this guide to changing employment contracts outlines the steps.
• Current, accurate position descriptions support fair processes in performance management and restructure decisions; for redundancy entitlements, see the redundancy calculator article.

If you’d like help drafting or reviewing position descriptions and aligning them with your employment agreements and policies, you can reach Sprintlaw at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.