Generally an employment contract is made between the employer and a new employee when there is an offer of employment, verbally or in writing and the offer is accepted by the employee.
In the WA state industrial relations system, there is no legal requirement to have a written employment contract, but it is best practice to document what has been agreed between employer and employee about pay, hours and other conditions.
An employment contract is not valid if it provides lower rates of pay (or lesser conditions such as leave entitlements) than those required by the relevant WA award, an industrial agreement or the Minimum Conditions of Employment Act 1993 and other relevant state and national laws.
It is unlawful for an employer to require, or reach agreement with, an employee to ignore or provide lower wages that the relevant WA award or minimum wage.
A written employment contract should outline the agreed employment arrangements and the employee's entitlements under a relevant WA award and state employment laws. It could also include information on job duties, workplace policies such as confidentiality, and other workplace matters if considered appropriate.
