TABLE OF CONTENTS

• Why this matters
• Step 1: Confirm that every employee has a signed agreement
• Step 2: Check that each agreement meets minimum content requirements
• Step 3: Standardize your employment agreement templates
• Step 4: Implement a clear, formal signing process
• Step 5: Store signed agreements securely and accessibly
• Step 6: Keep contracts accurate and up to date

Why this matters

Fair Work 1.1 (FW1.1) ensures that every employee starts their working relationship with a clear, written understanding of their terms of employment. Providing a signed employment contract or offer letter builds transparency, reduces misunderstandings, and protects both the employee and the employer. This Year 0 requirement establishes a baseline for fair employment practices and provides a solid foundation for later Fair Work standards on pay, scheduling, and working conditions.

This article explains how you can meet FW1.1 by providing signed employment contracts for all employees. 

Step 1: Confirm that every employee has a signed agreement

The first step is to confirm full coverage of all existing employees through a documentation audit.

Compile a complete employee list

Make a list of all current active workers, including:

• Full-time employees

• Part-time employees

• Variable or flexible schedule employees

Include individuals employed on all contract types, as long as they are employees under your legal framework.

Check for a signed contract or offer letter

For each person on the list, verify that you have a signedemployment contract, or offer letter (that clearly sets out terms and is signed/accepted)

If an employee is already working without a written contract or offer letter, create a contract or letter that meets the criteria listed in Step 2.

Identify any gaps:

• No contract or offer letter on file

• Drafted agreement but not signed

• Contract so outdated that it no longer reflects role, wages, or hours

For Year 0, FW1.1 expects that every employee has a signed agreement on record. Any missing or outdated agreements should be corrected as a priority.

Step 2: Check that each agreement meets minimum content requirements

Once you confirm coverage, review whether each contract or offer letter includes the necessary information. Every employment agreement or offer letter should clearly state:

• Company name and legal identity

• Names of both signing parties (employer and employee)

• Nature of work (role, main duties, or job title)

• Place of work (or arrangements for remote/hybrid work)

• Working hours or scheduling expectations (e.g. fixed hours, variable schedule, expected weekly hours)

• Base wage and any extra wage components (e.g. bonuses, premiums, overtime rules)

• Work start date

• Duration of work (open-ended or fixed-term, and end date if applicable)

• Conditions of termination (notice periods, grounds, key procedures in line with law)

To enhance clarity, you may also include: 

• Pay frequency (e.g. monthly, bi-weekly)

• Benefits and leave entitlements

• References to applicable workplace policies (e.g. code of conduct, health and safety, anti-harassment policies)

Language should be: 

• Clear and accessible

• Free from unnecessary jargon and ambiguous terms

• In a language and format employees can reasonably understand

Step 3: Standardize your employment agreement templates

 To ensure consistency, you should use a small set of standardized templates rather than creating contracts case by case. 

Your core employment contract or offer letter template should:

• Include all required elements listed above

• Be aligned with local labor law and applicable collective agreements

• Be adaptable for different employment types (e.g. full-time, part-time, fixed-term), while keeping structure consistent

• Use plain, inclusive language

Step 4: Implement a clear, formal signing process

FW1.1 is not only about the  written agreement, but also about when and how it is signed.

1. Issue contracts before the start date

   • Where possible, provide contracts or offer letters well in advance of the first working day.

   • Give employees enough time to read and understand the document, and to seek advice if they choose.

2. Walk through key terms with the employee. Where possible, a manager or HR representative should:

   • Explain key terms verbally (e.g. role, hours, pay, termination conditions)

   • Invite questions and clarify any confusing clauses

   • Discuss reasonable accommodations or specific needs

3. Collect signatures and confirm acceptance

   • Obtain signatures from both parties (physical or digital).

   • Confirm the effective date and keep a final signed version.

Digital signatures are acceptable as long as: 

• The platform is secure

• Records are protected against unauthorized changes and are backed up

• Documents are easily retrievable for audits or disputes

Where needed, to support people with disabilities or different language needs, you can provide the contract in additional accessible formats (e.g. audio or video explanation). The content should remain equivalent and clearly explained.

Step 5: Store signed agreements securely and accessibly

Once signed, each agreement should be stored in the employee’s personnel file. You should be able to quickly produce signed agreements as evidence during internal reviews, audits, or inspections.

Step 6: Keep contracts accurate and up to date

FW1.1 is an ongoing requirement, not a one-time exercise. Contracts need to remain accurate over time. Do not forget to update employment agreements when: 

• Wages or pay structures change

• Roles or responsibilities significantly shift

• Working hours or schedules are adjusted

• Employment status changes (e.g. from temporary to permanent)

Where changes are significant, issue an amended agreement or an addendum and have it signed again.