It’s not compulsory to have a written agreement and all employees (other than casuals) are protected by the National Employment Standards (NES) whether they’ve signed a contract or not. There are benefits having a written contract, with the key advantages being certainty of rights, obligations and employment status, as well as the inclusion of terms that aren’t covered in the legislation or applicable industrial instrument.
Employers can’t contract out of the NES or to make employees worse off than their minimum legal entitlements. They can customise the agreement to suit the business and to include important features, rights and obligations that are not covered in the legislation or implied from the common law.
These provisions will not be implied unless they are clearly written into the contract.
The advice provided is general advice only as, in preparing it we did not take into account your investment objectives, financial situation or particular needs. Before making an investment decision on the basis of this advice, you should consider how appropriate the advice is to your particular investment needs, and objectives. You should also consider the relevant Product Disclosure Statement before making any decision relating to a financial product.