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.
Hiring your first employee (or growing your team) is a big milestone. Choosing the right type of employment arrangement is just as important - it affects pay, leave, rostering, risk, and your long-term staffing costs.
In Australia, “permanent full-time” has a specific meaning under workplace laws. Getting it right from the outset helps you stay compliant, manage costs, and keep your team engaged.
Below, we break down what permanent full-time employment means for employers, how it compares to other types of employment, and the practical steps to engage a full-time employee the right way.
What Does “Permanent Full-Time” Mean In Australia?
Permanent full-time employment generally means an ongoing role (not fixed-term) where the employee works an average of 38 ordinary hours per week (or the hours defined in the relevant award or enterprise agreement) and receives the full suite of National Employment Standards (NES) entitlements.
Core features of permanent full-time employment
- Ongoing employment: No specified end date (unlike fixed-term). Any termination requires proper notice and a fair process.
- Ordinary hours: Typically 38 hours per week for a full-time load, plus reasonable additional hours if required. You should still observe the maximum hours of work rules.
- Leave entitlements: Accrual of paid annual leave, paid personal/carer’s leave, paid compassionate leave, and other NES-based entitlements (e.g. public holidays). Many awards also include annual leave loading.
- Other protections: Notice of termination, redundancy pay (if applicable), and access to unfair dismissal (subject to eligibility).
Unlike casuals, permanent full-time employees don’t receive a casual loading because they receive paid leave and other entitlements as part of their employment.
Permanent Full-Time Vs Part-Time Vs Casual: What’s The Difference?
Each category has pros and cons. The best fit depends on your staffing needs, cost model, and the predictability of hours.
Permanent full-time
- Best for ongoing roles where you need stable coverage and a committed, long-term team member.
- Predictable costs and easier workforce planning.
- You must manage rostered hours, overtime, and leave entitlements correctly.
Permanent part-time
- Ongoing role with fewer than 38 hours per week, usually with reasonably predictable patterns of work.
- Pro-rated leave entitlements (annual leave, personal/carer’s leave, etc.).
- Good for steady but lower-hour roles or when you want to expand coverage without a full-time headcount.
Casual
- Generally no guaranteed hours, paid by the hour with a casual loading instead of paid leave.
- Good for fluctuating demand, seasonal peaks, or genuinely ad hoc shifts.
- Has different conversion rights and notice requirements; you’ll still need to comply with roster and minimum engagement rules in the relevant award.
If you’re unsure which category suits your needs, consider your budget, the predictability of work, and whether you want to offer long-term career development in the role. Whatever you choose, capture it clearly in a written Employment Contract so everyone is on the same page.
What Are My Legal Obligations When Hiring Full-Time Staff?
Once you decide to hire a full-time employee, there are core legal obligations you need to manage from day one.
1) Offer letter and employment contract
Provide a clear, compliant Employment Contract that sets out duties, hours, pay and loadings, allowances, overtime, breaks, confidentiality, IP ownership, and termination clauses. If an award applies, ensure the contract works alongside it and does not undercut minimum entitlements.
2) Award coverage and minimum pay
Identify if a modern award applies and confirm minimum base rates, overtime, penalty rates, and allowances. If you pay an annualised salary, ensure it adequately compensates for award entitlements and follow any time-recording requirements.
3) Hours, overtime and breaks
Full-time staff typically work 38 ordinary hours per week. Additional hours must be reasonable and handled in line with the applicable award. Understand how overtime, penalty rates, and time off in lieu (TOIL) apply. Also set and enforce lawful workplace breaks (rest and meal breaks) consistent with the award or enterprise agreement.
4) Leave and public holidays
Full-time employees accrue paid annual leave and paid personal/carer’s leave under the NES (with pro-rating for part-time). Many awards also require annual leave loading when annual leave is taken. You’ll need a clean system for tracking accruals, approving leave, and managing public holidays.
5) Notice, probation and termination
For new hires, include a reasonable probation period and document performance expectations. If things don’t work out, follow a fair process and the relevant notice rules. In some cases you may choose payment in lieu of notice - ensure your contract permits this and you calculate it correctly. Keep records of performance management, warnings, and discussions.
6) Safety, policies and training
Provide a safe workplace (WHS obligations), onboarding, and workable policies (e.g. code of conduct, leave, bullying/harassment, IT and privacy). Policies help you set expectations and show that you’re managing risks proactively.
7) Payroll, super and record-keeping
Pay on time, pay superannuation at least at the statutory rate, and maintain accurate time and wage records and payslips. Keep personnel files and leave records up to date - it’s your best defence if the Fair Work Ombudsman audits your business.
How To Engage Someone As Permanent Full-Time (Step-By-Step)
Step 1: Define the role and classification
Write a position description and confirm the relevant award classification (if any). Clarify duties, hours, location, and any flexibility expectations. This becomes the basis for your contract and your recruitment ad.
Step 2: Set remuneration and hours
Decide if you’ll pay hourly under the award or a salary that sufficiently covers minimum entitlements (and any overtime/penalties if applicable). Make sure the proposed roster is consistent with ordinary hours and the award’s rostering rules.
Step 3: Draft the employment contract
Use a tailored Employment Contract that clearly states the employment type (permanent full-time), remuneration, hours of work, overtime/penalty arrangements, breaks, leave, confidentiality, IP, and termination. If you plan to rely on offset clauses (salary set-off against award entitlements), ensure these are carefully drafted and keep proper time records.
Step 4: Pre-employment checks and onboarding
- Confirm right to work in Australia and qualifications (if relevant).
- Issue the Fair Work Information Statement and your key policies.
- Collect superannuation and tax file number declarations.
- Set up payroll and leave accruals before the start date.
Step 5: Manage probation and performance
Set clear goals for the probation period and hold regular check-ins. If performance issues arise, document them early and provide support. If termination is necessary, follow your contract and the relevant notice process - consider whether probation changes any risks but still apply a fair process.
Managing Hours, Leave And Flexibility For Full-Time Employees
Day to day, most employer risks sit around the hours worked and leave taken. The best approach is to set clear rules, communicate them, and keep accurate records.
Hours and overtime
Full-time employees normally work around 38 ordinary hours per week. Reasonable extra hours can be requested, but always consider health and safety, and whether you need to pay overtime or penalties. Use a reliable timekeeping system even for salaried staff - it protects you if there’s a dispute about hours worked.
Rosters and breaks
If your workplace uses rosters, check any award rules about notice and pattern changes. Document shift patterns and rules around breaks so supervisors apply them consistently and fairly.
Annual, personal and other leave
Explain how leave is accrued and approved, and when supporting evidence is required. Many employers include a brief “how to request leave” process in their policy pack. If your award provides annual leave loading, make sure payroll calculates it correctly when leave is taken.
Flexibility and hybrid work
Full-time doesn’t always mean 9-5 in one location. If you allow flexible or hybrid arrangements, reflect this in the contract or a policy: core hours, communication expectations, equipment use, and WHS for home-based work.
Managing changes
Over time, roles evolve. If duties, place of work, or hours change materially, update the contract or issue a variation letter. Make sure any change to classification or remuneration still meets award and NES minimums.
Common Mistakes Employers Make (And How To Avoid Them)
- Relying on templates that don’t match the award: Every award is different. Tailor your Employment Contract and keep an eye on annual wage reviews.
- Not tracking hours for salaried staff: You still need records to show you’ve compensated for overtime or penalties when required.
- Confusing full-time with “always available”: Maximum hours and “reasonable additional hours” limits apply. Refer back to the maximum hours of work rules.
- Missing leave loading: If your award provides leave loading, ensure your payroll setup calculates it correctly.
- Handling exit processes informally: Even during probation, follow a fair process and consider whether payment in lieu of notice is appropriate under the contract.
Key Takeaways
- Permanent full-time means ongoing employment with around 38 ordinary hours per week and full NES entitlements.
- It’s different from part-time (fewer hours, pro‑rated entitlements) and casual (no guaranteed hours, casual loading instead of paid leave).
- Get the foundations right: a tailored Employment Contract, correct award classification, and robust payroll and record‑keeping.
- Manage hours lawfully - understand overtime, penalties, and lawful breaks - and keep accurate time records even for salaried staff.
- Plan for the full employee lifecycle: onboarding, probation, leave management, performance reviews, and fair termination processes.
- When in doubt, align contracts and policies with your award, and refresh them as your business grows or work patterns change.
If you’d like a consultation on hiring or converting staff to permanent full-time in your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.








