Letter of Offer of Employment

What is a Letter of Offer of Employment?

A Letter of Offer of Employment is a basic, formal job offer template for use when an Australian business is offering a full-time or part-time position to a successful candidate. Usually this Letter of Offer would be sent after successful completion of the interview process by the potential new employee as a way to clarify the terms of the offer of employment and prevent any disputes related to salary, position title, benefits or hours.

This Letter of Offer is suitable for sole-traders, partnerships or companies based anywhere in Australia and records all of the terms required to employ a permanent employee under Australian law.

It is structured as a letter, welcoming the employee to the employer's organisation. It covers the basic details of the employment relationship.

What is the difference between a Letter of Offer of Employment and an Employment Agreement?

A Letter of Offer of Employment is similar to an Employment Agreement, but is much more brief.

A Letter of Offer of Employment is designed to be a quick and easy document for employers to send to employees as soon as they are hired. Many employers choose to send a Letter of Offer of Employment and then to follow it up with an Employment Agreement. However, as an Employment Agreement goes into a lot more detail, the employee may need some time to go through it before they sign it, and therefore it is handy to have a basic Letter of Offer of Employment to get the ball rolling.

Some employers, however, find that a Letter of Offer of Employment covers everything that they need, so they do not bother to follow it up with an Employment Agreement. As long as the employer has looked at what is contained in an Employment Agreement, is happy to forego the additional provisions that it contains, (and has taken legal advice if necessary), then there is nothing wrong with this. In fact, our Letter of Offer of Employment includes an option to be structured either as a standalone document, or as one that is going to be followed up with an Employment Agreement.

Is it mandatory to have a Letter of Offer of Employment?

No, it is not mandatory. Some businesses just issue an Employment Agreement. But a Letter of Offer of Employment is a great way to get the ball rolling, to communicate with new employees, to welcome them to the business and to demonstrate the professionalism of the business.

What is a Probationary Period?

It is common in Australia for new employees to be subject to a probationary period of 1-3 months. This period allows the employer to assess whether the new employee is capable of performing the job they have been hired for. During the probationary period, the employer (and the employee) are able to terminate the employment on 1 week's notice. After the probationary period has expired, more notice is required.

What must a letter of Offer of Employment contain?

A Letter of Offer of Employment should include the following details:

• the employee's name
• the employee's job title
• the employee's duties and responsibilities
• the employee's rate of pay and other benefits
• details of a probationary period (if applicable)
• how the employment relationship might be terminated

Which laws are applicable to a Letter of Offer of Employment?

This Letter of Offer meets the requirements of the Fair Work Act 2009 (Cth) and addresses the requirements of the National Employment Standards (NES). It is suitable for use throughout all States and Territories of Australia.

How to modify the template?

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.