Contracts and agreements

The contract and agreement templates on this page can be used to create a draft document to take to your legal adviser.

Download the templates that are relevant to your state or territory and customise them for your farm business. Be sure to save a copy to your hard drive.

Please note: casual employment laws have changed, contact us if you have any questions.

Common law employment contracts

When you agree to engage an employee, a common law employment contract is made regardless of whether you have written it down. Awards and State and Federal industrial laws will almost certainly apply and you must comply with their terms.

All employers should prepare a written common law employment contract for all employees so that everyone is clear about the various entitlements and conditions of work.

The common law employment contract must not contain any terms or conditions for work which are inconsistent with or less favourable to the employee than the relevant award or industrial law. If it does, these terms and conditions will not be enforceable.

Read the Basic Principles of Contract Law for Employers for more detailed information on creating contracts.

Even without a written employment agreement, a binding common law contract still exists, based on the verbal agreement at the start of work, the relevant award, and applicable state or federal laws.

Employees can pursue claims for unpaid entitlements for up to 6 years, and employers may face prosecution for award or legal breaches.

Without a written agreement, disputes over over-award payments are harder to prove — sometimes years later.

Under the Pastoral Award 2020, employers must provide:

Full-time employees – a written statement of their classification, pay, and terms of engagement.
Part-time employees – a written agreement detailing their regular pattern of work, including hours, days, and start/finish times.
Casual employees – written notice that they are employed as casual, along with the employer’s identity, classification level, and pay rate.

While not strictly required, employers are strongly advised to have written contracts with all casual employees.