Staff Contract Template: What To Include

Yes, you can use a staff contract template as a starting point when you hire someone. But the contract needs to match the type of employee you're hiring, the award or enterprise agreement that applies, and the way the person will actually work in your business.

That's where many templates fall short. A full-time cafe manager, a part-time admin assistant and a casual retail worker shouldn't all be handed the same document with different names at the top.

The good news is that this doesn't have to be complicated. If you choose the right contract type and cover the right clauses before onboarding, your staff member knows where they stand and your business is better protected from day one.

Can I Use A Staff Contract Template For Every Employee?

No, you shouldn't use the exact same staff contract template for every employee because full-time, part-time and casual roles work differently under Australian employment law.

A template can be useful for structure. It can remind you to cover pay, hours, duties, leave, confidentiality and notice. But a template isn't a substitute for checking the employee's classification, award coverage and role requirements.

For example, a casual employee contract shouldn't promise guaranteed ongoing hours. A part-time contract should usually set out the employee's regular pattern of work. A full-time contract should deal clearly with ordinary hours, leave and notice.

Before you send any employment contract or staff employment agreement template, ask yourself:

• Is this person an employee or a contractor? Calling someone a contractor doesn't make it true if the relationship is really employment.
• Will they be full-time, part-time or casual? Their entitlements and contract wording will change.
• Does an award or enterprise agreement apply? Many small business roles are covered by a modern award.
• Are you paying at least the legal minimum? The contract can't undercut the Fair Work Act 2009, the National Employment Standards or an applicable award.
• Does the contract match what will happen in practice? If your roster, pay or expectations are different from the contract, disputes become much harder to manage.

Documents work best when they're tailored to your business. A lawyer can turn a template into something that actually reflects your role, industry and risk areas.

What Type Of Staff Contract Do I Need?

It depends on how you need the person to work. The right contract type should match the reality of the role, not just what feels easiest administratively.

Full-Time Employment Contract

Use a full-time employment contract where the role is ongoing and the employee will usually work 38 ordinary hours per week, plus reasonable additional hours if needed. Full-time employees receive paid annual leave, paid personal/carer's leave and other entitlements under the National Employment Standards.

This can suit managers, permanent office staff, senior technicians or team members you need on a stable basis.

Part-Time Employment Contract

Use a part-time employment contract where the employee works fewer than 38 ordinary hours per week on a regular pattern. Part-time employees generally receive the same core entitlements as full-time employees, but on a pro-rata basis.

Your contract should be clear about days, start and finish times, breaks and how extra hours are approved. If an award applies, it may have strict rules about agreeing to part-time hours and varying them later.

Casual Employment Contract

Use a casual employment contract where there's no firm advance commitment to continuing and indefinite work. Casuals usually receive a casual loading, often 25% under many awards, instead of paid annual leave and paid personal/carer's leave.

Australian casual employment rules changed from 26 August 2024, with a new definition of casual employment under the Fair Work Act. For casuals employed immediately before 26 August 2024, the employee choice pathway became available from 26 February 2025 for non-small business employers and from 26 August 2025 for small business employers. Small business employers should now be ready to manage valid employee choice notices from eligible casuals, and generally need to respond in writing within 21 days.

Say you run a cafe in Brisbane and hire Mia to cover shifts when your two regular baristas are unavailable. Some weeks Mia works 4 hours, some weeks 18 hours, and she can accept or reject shifts. A casual contract may fit. But if Mia starts working every Monday to Friday from 7am to 1pm for months on end, the arrangement may look more like part-time employment and your paperwork should be reviewed.

What Should A Staff Employment Agreement Template Include?

A good staff employment agreement template should clearly set out the deal between you and the employee, while leaving enough detail to manage the role properly.

Here is a practical fill-in outline you can use as a checklist. This isn't a finished legal document, and you should have it tailored before you use it.

1. Parties And Start Date: Write your legal business name, ABN or ACN if relevant, the employee's full name and the employment start date.
2. Position And Duties: Set out the job title, reporting line, work location and a clear summary of duties.
3. Employment Type: State whether the role is full-time, part-time, casual, fixed-term or maximum-term, and make sure any fixed term employment contract wording matches the arrangement.
4. Hours Of Work: Include ordinary hours, rostering expectations, breaks, overtime approval and any flexibility you need.
5. Pay And Benefits: List the base rate or salary, superannuation, allowances, bonuses or commissions, any employee commission agreement terms, and when pay is made.
6. Award Or Enterprise Agreement: Identify the award or agreement if one applies, or record your reasoning if you believe none applies.
7. Leave Entitlements: Cover annual leave, personal/carer's leave, compassionate leave, family and domestic violence leave, parental leave and public holidays where relevant.
8. Policies And Procedures: Explain that workplace policies apply, such as work health and safety, bullying and harassment, social media, privacy and IT use.
9. Confidentiality: Protect customer lists, pricing, supplier details, systems, recipes, processes and other business information.
10. Intellectual Property: State who owns work created as part of the role, especially for marketing, design, software, content or product development roles.
11. Restraints: Include any reasonable limits on poaching clients, staff or suppliers after employment ends.
12. Notice And Termination: Set out notice rules, serious misconduct, return of property and final pay processes.
13. Probation: If you use a probation period, state its length and what you'll assess during that period.

A common trap is using a very short work contract template that only covers pay and hours. That may feel efficient, but it can leave you exposed if the employee leaves with client information, creates valuable content or disputes what the role involved.

How Do Awards And The Fair Work Act Affect The Contract?

Your contract can't give an employee less than their minimum legal entitlements. If it does, the legal minimums will still apply, and you may also face underpayment issues.

The Fair Work Act 2009 sets the National Employment Standards, often called the NES. These are minimum entitlements for national system employees in Australia.

For many small businesses, the main NES items to build into your contract checklist are:

• Maximum weekly hours: 38 ordinary hours per week for full-time employees, plus reasonable additional hours.
• Annual leave: 4 weeks of paid annual leave per year for full-time employees, pro-rata for part-time employees.
• Personal/carer's leave: 10 days of paid personal/carer's leave per year for full-time employees, pro-rata for part-time employees.
• Unpaid carer's leave: 2 days per occasion for eligible employees.
• Compassionate leave: 2 days per occasion for eligible employees.
• Family and domestic violence leave: 10 days of paid leave per year for eligible employees.
• Minimum notice of termination: 1 week if employed for up to 1 year, 2 weeks after 1 to 3 years, 3 weeks after 3 to 5 years, and 4 weeks after more than 5 years. Add 1 extra week if the employee is over 45 and has completed at least 2 years of service.

Modern awards can add another layer. They may set minimum pay rates, penalty rates, overtime, allowances, breaks, rostering rules and consultation obligations.

For example, if you hire a part-time retail assistant under an applicable award for 20 regular hours per week, the contract shouldn't simply say you can change their hours whenever you like. The award may require agreement, notice or a particular process.

You also need to give new employees the Fair Work Information Statement before, or as soon as practicable after, they start. Casual employees must also receive the Casual Employment Information Statement. Small business employers generally need to give casuals the Casual Employment Information Statement when they start and again after 12 months.

What Should I Add For Casual, Part-Time And Full-Time Staff?

You should add clauses that match the employee's status, because this is where generic templates often create confusion.

For Casual Staff

Your casual contract should make it clear that shifts are offered as needed and that the employee can accept or reject work. It should also set out the casual loading and explain that the loading is paid instead of paid annual leave and paid personal/carer's leave.

Include clauses covering:

• How shifts will be offered and accepted
• Minimum engagement periods under any award
• Casual loading and penalty rates
• Timesheets and payroll cut-off times
• Cancellation of shifts, if the award allows it
• The employee choice pathway for casual conversion, where relevant

For Part-Time Staff

Your part-time contract should usually be more specific about the employee's regular pattern of work. This helps you manage rosters and helps avoid accidental underpayments.

Include clauses covering:

• Agreed days and ordinary hours
• How extra hours are requested and approved
• When overtime or penalty rates may apply
• How changes to regular hours will be agreed
• Pro-rata leave entitlements

For Full-Time Staff

Your full-time contract should deal with stability, performance and protection of the business. This is especially relevant for managers, sales staff and employees with access to confidential information.

Include clauses covering:

• 38 ordinary hours per week and reasonable additional hours
• Salary or hourly rate and whether any award entitlements are offset
• Performance expectations and reviews
• Confidential information and intellectual property
• Notice, probation and termination processes

For salaried employees covered by an award, be careful with set-off wording. If the salary is intended to cover award entitlements such as overtime or allowances, the contract needs to say this clearly and the salary still needs to be enough overall.

Should I Use A Free Employee Contract Template In Australia?

You can use a free employee contract template in Australia as a starting point, but you should be careful before relying on it for your first hire or a key role.

Free templates are attractive because they're easy to find and may look polished. The problem is that they often don't tell you what to change for your industry, award, state, employee type or workplace practices.

Here is how the main options usually compare:

• Free template: Low upfront cost, but you need to check whether it's current, Australian, award-aware and suitable for your role.
• Online fixed-fee legal service: Usually more structured, with a lawyer tailoring the contract to your business and quoting the fee up front.
• Traditional firm billing by the hour: Can be useful for complex arrangements, but costs may be less predictable if the scope changes.

The cost of getting an employment contract prepared will usually depend on:

• How many contract types you need
• Whether an award or enterprise agreement applies
• Whether you need casual, part-time and full-time versions
• Whether the role involves commissions, bonuses or incentives
• Whether you need strong confidentiality, IP or restraint clauses
• How much tailoring is needed for your policies and onboarding process

For example, Mike runs a cleaning business and wants to hire 2 casual cleaners at $32 per hour including casual loading, plus a part-time supervisor for 25 hours per week. A single generic template, or one casual employment contract used for every worker, is unlikely to cover both roles properly. Mike would need casual wording for the cleaners, part-time hours and leave for the supervisor, and confidentiality clauses for client site access details.

Key Takeaways

• A staff contract template is a useful starting point, but it needs to match the employee's actual role and working pattern.
• Full-time, part-time and casual employees need different contract wording, especially around hours, leave and ongoing work.
• Your contract can't undercut the Fair Work Act, the National Employment Standards or an applicable modern award.
• Casual employment rules have changed, so small businesses should be ready to manage eligible employee choice notices.
• A strong contract should cover pay, duties, hours, leave, policies, confidentiality, IP, notice and termination.
• Free templates can miss award rules, set-off wording and business-specific protections, so tailored documents are usually safer.

If you'd like help with full-time, part-time and casual employment contracts, award checks, onboarding documents or workplace policies, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.