A job offer is only half the story; what is actually in the contract or agreement is the other half. The rules differ sharply between Australia and New Zealand, and missing one small detail, like New Zealand's 90-day trial period limit, can cost an employer up to $20,000 in penalties and cost you clarity about your own rights. Here is the quick checklist for each country.
Australia: your contract can't go below the floor
Fair Work says an employment contract can be in writing or verbal, so do not assume a verbal offer is not real or not binding. Either way, the contract can't remove or provide for less than your minimum entitlements under the National Employment Standards (NES), an award or an enterprise agreement, which set the minimum entitlements for all employees in the national system. If a written contract tries to undercut any of those, that clause does not override your NES rights.
What you must be given on day one in Australia
Employers must give every new employee the Fair Work Information Statement before, or as soon as possible after, they start, plus the Casual Employment Information Statement for casual staff or the Fixed Term Contract Information Statement for a new fixed term contract. If you started recently and never received one of these, ask for it; it is not optional paperwork.
Probation in Australia still comes with rights
The employer usually decides the length of a probation period, which often runs from 3 to 6 months from your start date. What a lot of new employees do not realise: Fair Work says employees on probation get the same entitlements as other employees, including the NES and paid leave for full-time and part-time staff, and you are entitled to a notice period even if your employment ends during probation.
Pay slips and pay secrecy
Pay slips have to be given to you within 1 working day of pay day, even if you are on leave, in electronic or hard copy form, and they must show your pay details, any deductions, and the superannuation contributions paid along with the fund they went into. Pay secrecy terms in contracts made on or after 7 December 2022 have no effect: you have the right to share or not share information about your own pay, whatever the contract says.
New Zealand: a written agreement is not optional
Employment New Zealand says every employee must have a written employment agreement; this is a requirement, not a courtesy. An employer who does not give you one can face an infringement fee of $1,000, and the Employment Relations Authority can order penalties of up to $10,000 for an individual employer and up to $20,000 for a corporate body.
Negotiating before you sign in New Zealand
You are not expected to sign on the spot. Employment New Zealand says you can take an offered agreement away to read, ask for advice from someone you trust, and request changes, and both sides must bargain in good faith. Treat an offer that pressures you to sign immediately as a reason to slow down, not speed up.
New Zealand trial periods: the 90-day rule
A trial period in New Zealand can only be agreed if it lasts no longer than 90 calendar days, you have not worked for that employer before, and it is set at the very start of employment. A trial period agreed any other way, or for longer, is not valid under these rules.
Australia and New Zealand, side by side
| Check | Australia | New Zealand |
|---|---|---|
| Contract or agreement form | Written or verbal | Must be written |
| Given at the start | Fair Work Information Statement (plus casual or fixed-term statement if relevant) | The written agreement itself |
| Trial or probation | Usually 3 to 6 months, same entitlements apply | Trial period capped at 90 calendar days, first-time employees only |
| Minimum floor | National Employment Standards | Written agreement terms plus employment law |
Before you sign, step by step
- Check whether you have a written contract (Australia) or a written agreement (New Zealand, where it is required).
- Confirm you received your Fair Work Information Statement (Australia) or have had a chance to read, get advice on, and negotiate your agreement (New Zealand).
- Check the length and timing of any probation or trial period against the rules for your country.
- Compare any pay, leave or entitlement clause against the National Employment Standards (Australia) or your written agreement (New Zealand).
- Keep a signed copy of whatever you sign, and check your pay slips match what was agreed once you start.
Common mistakes to avoid
- Assuming a verbal job offer in Australia is not a real, binding contract.
- Signing a New Zealand trial period clause without checking it is within the 90-day limit and that you have never worked for that employer before.
- Not asking for the Fair Work Information Statement if it was never given to you in Australia.
- Signing a New Zealand agreement on the spot under pressure, instead of taking it away to read first.
- Assuming pay secrecy clauses in an Australian contract are enforceable; they have had no effect since 7 December 2022.
Frequently asked questions
Does my Australian job offer need to be in writing?
No, Fair Work says an employment contract can be in writing or verbal, but either way it cannot provide less than your minimum entitlements under the National Employment Standards, an award or an enterprise agreement.
What must my employer give me when I start in Australia?
The Fair Work Information Statement before or as soon as possible after you start, plus the Casual Employment Information Statement or Fixed Term Contract Information Statement if those apply to you.
Do I still have rights during probation in Australia?
Yes, Fair Work says employees on probation get the same entitlements as other employees, including the National Employment Standards, paid leave, and a notice period even if employment ends during probation.
Is a written employment agreement compulsory in New Zealand?
Yes, Employment New Zealand says every employee must have one, and an employer who does not provide one can face penalties of up to $20,000 for a corporate body.
Can I negotiate a New Zealand job offer before signing?
Yes, you can take the agreement away to read, get advice from someone you trust, and request changes, and both sides must bargain in good faith.
How long can a trial period last in New Zealand?
No longer than 90 calendar days, and only if you have not worked for that employer before and the trial is agreed at the very start of employment.
Key takeaways
- In Australia, a contract (written or verbal) can never go below your National Employment Standards entitlements.
- You must get a Fair Work Information Statement in Australia; in New Zealand, a written agreement itself is compulsory.
- Australian probation is usually 3 to 6 months with full entitlements; New Zealand trial periods are capped at 90 calendar days for first-time employees only.
- You can take a New Zealand offer away to read and negotiate before signing; do not sign under pressure.
- Missing a written agreement in New Zealand can cost an employer up to $20,000 in penalties.
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