Employment Contract Types in Australia — Guide for Indian NRIs

The five main employment contract types in Australia — full-time, part-time, casual, fixed-term, and independent contractor — their legal protections under the Fair Work Act, and what each means for superannuation, leave entitlements, and TFN setup.

Overview

Australian employment law is governed by the Fair Work Act 2009.

Full-Time Employment

38 hours per week. Full NES entitlements: annual leave (4 weeks), sick leave (10 days), parental leave, public holidays.

Part-Time Employment

Fewer than 38 hours, same NES entitlements pro-rated.

Casual Employment

No guaranteed hours. 25% casual loading in lieu of leave. No paid leave entitlements.

Fixed-Term Contracts

Same NES entitlements pro-rated. End of contract treated as cessation of employment for visa purposes.

Independent Contractor / ABN Engagement

No employment relationship. 482 visa holders cannot generally engage as independent contractors.

TFN and Superannuation Setup

TFN declaration form. Superannuation standard choice form.

India-Side Implications

Employment type does not directly affect FEMA. Australian salary should go to NRE accounts.

Key Takeaways

• Full-time and part-time get full NES
• Casual employees get 25% loading
• Independent contractor arrangements under 482 visa are generally not compliant