Contract of Employment – Unpaid Intern

Using a Unpaid Intern Employment Contract (Comprehensive): Guidance for Australian Employers. Who Can Use This Contract? This comprehensive unpaid intern employment contract is designed for employers across Australia, with the following exclusions:

• Non-constitutional corporations in Western Australia.
• State public sector employers (i.e., employees of a Minister, the Governor, or the Crown) except in Victoria.
• Local Government employers, except in Tasmania and Victoria.

If any excluded employers wish to use this Contract of Employment – Casual (Comprehensive) ('the contract'), legal advice is strongly recommended. Contact the Workplace Advice line here. This contract is compliant with federal legislation, which may differ in generosity compared to state-specific requirements. Key Features of the Contract This comprehensive contract is suitable for all casual employees and spans approximately 10 pages. For employers seeking a shorter alternative, a simplified version (Casual Simple Contract of Employment – It’s only 3 pages. Coverage Includes:

• Nature and Status of Employment: Clearly defines casual status and associated rights.
• Compensation: Covers casual loading and legal entitlements.
• Core Employment Terms: Job description, reporting, location, hours, and remuneration.
• Workplace Obligations: Confidentiality, performance, policies, superannuation, and surveillance.
• Leave Provisions: Applicable under the Fair Work Act 2009 (Cth).
• Termination: Notice requirements and conditions.

Optional Clauses:

• Provisions for specific roles (e.g., mobile equipment use, uniforms, or driver’s licence requirements).
• Post-employment restraints tailored to protect intellectual property and prevent solicitation.
• COVID-19 vaccination requirements for new employees.

Special Considerations for Employers

1. Understanding Legal Contexts
   • Certain employee classes, such as those under awards, enterprise agreements, or under 18 years of age, require tailored legal advice.
   • Non-compliance with awards or agreements can expose employers to legal risks, including back payments and penalties.
2. Drafting Contracts for Casual Employees
   • Clearly define casual loading provisions to mitigate risks of reclassification to permanent employment.
   • Ensure compliance with casual conversion provisions under relevant awards and the Fair Work Act 2009.
3. Compensation for Legal Entitlements
   • The contract includes clauses to offset total remuneration against legal entitlements. However, this approach does not override obligations under industrial instruments. Employers must remain compliant to avoid penalties.
4. Post-Employment Restraints
   • Restraints must be reasonable, tailored to the employee’s role, and compliant with laws like the Restraint of Trade Act 1976 in NSW.
5. COVID-19 Vaccination Policies
   • Vaccination clauses can mandate compliance for new hires but require careful legal assessment for existing employees, considering privacy laws under the Privacy Act 1988.
6. Policies and Procedures
   • The contract explicitly excludes policies from forming part of the employment contract, reducing legal risks from policy breaches.

Best Practices for Implementation

• Legal Compliance: Ensure contracts align with awards, enterprise agreements, and legislation.
• Customisation: Adapt clauses to suit specific employment scenarios and employee classes.
• Supplementation: For award-covered employees, consider adding an Individual Flexibility Agreement (IFA).
• Review by Legal Experts: Engage our employment lawyers at to verify contract validity and enforceability, particularly for optional clauses like post-employment restraints.