Interaction of employment contracts with minimum standards & policies

Any written contract of employment is not required to be lodged with the Fair Work Commission –the parties are free to negotiate terms and conditions to suit their particular circumstances. It is important, however, to understand the limitations of common law employment contracts.

They cannot be inconsistent with, or provide for less favourable terms than, any award or enterprise agreement, the National Employment Standards (NES) or any other applicable legislation including laws regarding public holidays, long service leave, workers’ compensation, occupational health and safety, anti-discrimination, taxation and superannuation.