TL;DR: No. In Australia, an employment contract can be in writing or verbal, so a signature is not what makes it valid. What matters is being able to show the employee accepted it. A signature, an “I accept” click, an email reply, or a dated electronic signature all do that job well.

Last updated 9 October 2026.

Key takeaways

• According to the Fair Work Ombudsman, an employment contract can be in writing or verbal, so no general rule requires a signature.
• An unsigned contract can still bind both sides, but proving which terms were agreed is much harder without a clear record of acceptance.
• No contract, signed or unsigned, can provide less than the National Employment Standards, which the Fair Work Ombudsman lists as 12 minimum entitlements.
• Every new employee must receive the Fair Work Information Statement when they start, whether or not their contract has been signed.
• Electronic signatures are widely used for employment contracts, and the Electronic Transactions Act 1999 sets the test where a Commonwealth law requires a signature.

Does an employment contract need a signature in Australia?

No law requires an employment contract to be signed. According to the Fair Work Ombudsman, a contract can be in writing or verbal, so the signature is evidence of agreement rather than the thing that creates it. What you need is a sufficient, provable sign that the employee accepted the terms you offered.

It is a good question, and one we get asked every now and then at Worknice. The short answer surprises people, because most of us picture a contract as a signed piece of paper. In practice, the Fair Work Ombudsman treats an employment contract as an agreement that sets out terms and conditions. The form it takes is secondary.

So acceptance can be shown in several ways. An employee can sign a printed page, click an “I accept” button, reply to an email with “I accept”, or sign electronically. Starting work after receiving the contract can also point to acceptance, although it is the weakest evidence of the lot.

Suppose a new hire receives an offer by email, never replies, and turns up on the agreed start date. A contract almost certainly exists. However, a later dispute about a restraint or notice clause is harder to win. You will struggle to show they agreed to those exact words. That is why the practical rule is simple: the clearer the acceptance, the easier it is to prove. So before you send the next one, check your sample employment contracts against the terms you need to rely on.

Is an unsigned employment contract still binding?

An unsigned employment contract can still be binding if the employee accepted it, for example in writing or by starting work on the terms offered. The risk is evidential rather than legal. Without a signature or a recorded acceptance, it is harder to prove the employee saw, read, and agreed to specific clauses.

Some protections apply whatever the contract says, and whether or not anyone signed it. According to the Fair Work Ombudsman, an employment contract cannot remove or provide for less than an employee’s minimum entitlements. Those come from the National Employment Standards, any award or enterprise agreement that applies, and the Fair Work Act.

The Fair Work Ombudsman lists 12 NES entitlements. They include maximum weekly hours, annual leave, personal and carer’s leave, and superannuation contributions. So an unsigned contract never leaves an employee without a floor. Instead, the open question is whether the extra terms above that floor apply. Think of a higher salary, a bonus scheme, or a post-employment restraint.

What should you do if an employee has not signed?

Follow up in writing before the issue matters. A short email asking the employee to confirm acceptance, or a reminder to complete the contract task, closes the gap. If an employee refuses to accept, find out which term they object to. Often the refusal is about one clause rather than the whole offer.

Do you have to sign a contract before starting work?

No law requires an employee to sign a contract before their first day. Even so, it is good practice to have acceptance recorded before day one, because terms agreed upfront are much easier to rely on. Some documents are compulsory at the start, though, regardless of whether the contract is signed.

According to the Fair Work Ombudsman, employers must give every new employee the Fair Work Information Statement when they start work. Casual employees must also receive the Casual Employment Information Statement. Similarly, fixed term employees must receive the Fixed Term Contract Information Statement. The fixed term statement has to be given when the employee enters the contract, or as soon as possible after.

Starting work without a signed contract therefore does not break any rule on its own. However, it shifts the risk onto the employer, because the employee’s version of what was agreed becomes harder to contradict. For fixed term roles, the limits on using those contracts also apply from day one. Our guide to fixed term contract rules sets them out.

Part-time arrangements deserve a second look as well. According to the Fair Work Ombudsman, many awards and agreements set record-keeping rules for part-time hours. So check your award before assuming an informal agreement is enough.

Are electronic signatures valid on an employment contract?

Yes, electronic signatures and click-to-accept are commonly used for employment contracts in Australia. Where a Commonwealth law does require a signature, the Electronic Transactions Act 1999 lets an electronic method meet it. The method must identify the person, show their intention, be reliable enough, and be consented to.

Section 10 of the Act spells out that test. In plain terms, you need to be able to show who signed, that they meant to accept, and that the method was reliable. The recipient of the signature also has to consent to receiving it electronically. Most employment contracts need no signature by law at all. So the test works as a benchmark for good evidence rather than a hurdle.

Good e-signature tools capture the identity and timing evidence automatically. Typically that means a verified login, a time stamp, and a record of the document version accepted. For a closer look at what makes an electronic signature hold up, see our explainer on whether electronic signatures are legally binding.

What do “signature of employee” and “signature of employer” mean?

On an employment contract, the signature of the employee shows the employee accepted the terms offered. The signature of the employer shows the business made the offer through someone authorised to bind it. Both are evidence of agreement. Neither is legally required, but together they make the contract far easier to prove.

The employee’s signature block usually sits at the end of the contract, often with a line for the date. Some templates add a separate acceptance page with a declaration, such as “I have read and accept these terms”. That page does the same job as the signature, and it is the page lawyers turn to first.

The employer’s signature block works differently. Many offers are signed by the business first and sent to the candidate, so the employee’s signature completes the agreement. As a result, who signs first matters less than recording both sides of the agreement somewhere you can find them.

Does the contract need to be signed by the business?

Whether the business signs, and who signs for it, depends on the business. Some organisations have rules about who can sign documents, and those rules need to be followed. Otherwise, anyone with authority to make the offer can sign, which is normally a CEO, a People and Culture leader, or an HR manager.

There is generally no requirement for more than one signature from the business, unless your own company rules call for it. Delegation policies are the usual source of those rules. For instance, HR managers might sign standard contracts while an executive signs anything above a set salary band.

So check your delegations before you design the signing flow. If your rules need two approvers, build that step in before the contract goes out. Chasing a second signature afterwards is slower.

What makes contract acceptance easy to prove?

Acceptance is easiest to prove when you record who accepted, when, and which version they saw. A date of acceptance, a record that the employee could see the whole document, and a copy stored with their employee file cover most disputes. Initials on every page and witnesses are not required for an employment contract.

There is no minimum standard, so the best test is practical. Think about what you would need to be able to prove that the employee signed it, then collect that. Identifiers and the date of signing are usually enough.

Do you need a date of acceptance?

There is no strict requirement to have the date on the document if you have it somewhere else. Still, it is convenient to keep it in the document. If lawyers ever need to look at it, everything will be in one place. Electronic acceptance usually records the date and time automatically, which removes the question altogether.

Does every page of an employment contract need to be initialled?

There is no requirement to have every page initialled. Instead, it is good practice to require the employee to scroll through the whole contract before they can accept it. That way, you can show they had access to every page before clicking accept. That is what initialling was meant to prove anyway.

Does an employment contract need to be witnessed or notarised?

No general rule requires an employment contract to be witnessed or notarised in Australia. Witnessing applies to particular documents whose own law demands it, and a standard employment contract is not usually one of them. If your organisation wants a witness for senior contracts, that is a company rule rather than a legal requirement.

How long should you keep the signed contract?

Keep it for the life of the employment and well beyond. According to the Fair Work Ombudsman, employers have to keep time and wages records for 7 years. Those records must be legible, in English, and readily accessible to a Fair Work Inspector. Storing the accepted contract with those records means you can produce the whole picture at once.

How should employers manage contract acceptance at scale?

Employers manage acceptance best by sending contracts electronically, requiring the full document to be opened, and storing the accepted copy with the employee’s record. Track acceptance status for every new starter so nobody reaches day one unconfirmed. Hand the Fair Work Information Statement over in the same step.

Once you hire more than a handful of people a month, the paper approach breaks quickly. Contracts get printed, signed, scanned, emailed, and lost in someone’s inbox. The fix is less about the signature and more about visibility. HR needs to see who has accepted, who has not, and who needs a nudge.

A practical setup looks like this:

• Send the contract, the Fair Work Information Statement, and any casual or fixed term statement together, as one bundle.
• Require the employee to open and scroll the contract before the accept button becomes available.
• Capture the date, time, and identity evidence automatically, and store the accepted copy with the employee file.
• Set a reminder for anything not accepted within a few days of the offer, well before the start date.

If you want contract acceptance handled inside your HR system, Worknice is a sensible option for Australian organisations of roughly 50 to 1,000 employees. Its HR document management supports e-signatures and acknowledgements, and stores each accepted contract against the person’s record. A very small business sending a few contracts a year may find a standalone e-signature tool is enough.

Frequently asked questions

Is an employment contract valid if it is not signed?

Yes, it can be. An employment contract can be in writing or verbal in Australia, so a signature is not what makes it valid. What matters is whether the employee accepted the terms. Without a signature or recorded acceptance, though, proving which clauses were agreed becomes much harder if a dispute arises.

Do I have to sign my employment contract before I start work?

No law requires you to sign before your first day, and many people start while the paperwork is still being finalised. However, signing first protects both sides, because the terms are settled upfront. Your employer must give you the Fair Work Information Statement when you start, regardless of whether you have signed.

Do employment contracts need to be witnessed in Australia?

No, a standard employment contract does not generally need to be witnessed or notarised in Australia. Witnessing applies to particular documents whose own law requires it. Some organisations witness senior executive contracts as an internal rule. That is a company policy decision rather than a legal requirement.

Does an employment contract need to be signed by both parties?

Not by law. Both signatures simply make the agreement easier to prove. The employer often signs first when making the offer, and the employee’s signature confirms acceptance. Some organisations have internal rules about who can sign for the business, and those rules should be followed whenever they exist.

Do I have to sign a new employment contract?

A change to the terms of an existing contract generally needs both parties to agree, so an employer cannot simply impose new terms. No new contract can provide less than the National Employment Standards or an applicable award. Because the details vary by situation, get advice from the Fair Work Ombudsman or a lawyer first.

About the author

Graham Martin is Co-founder of Worknice, an Australian HRIS built for mid-to-large organisations. He has spent more than a decade working with Australian People and Culture teams on HR systems, compliance, and payroll integration.

Related reading

• Are electronic signatures legally binding?: what makes an electronic signature hold up, and how identity and reliability are shown.
• What is digital onboarding?: how contracts, forms, and starting paperwork move online for mid-size companies.
• Fixed term employment contract rules: the limits on fixed term contracts and the statement new fixed term employees must receive.
• Employee onboarding software: how starting paperwork, records, and workflows fit together for new hires.

Sources

1. Fair Work Ombudsman, “About employment contracts”. Content last updated 23 October 2025. Retrieved 9 October 2026: https://www.fairwork.gov.au/employment-conditions/contracts
2. Fair Work Ombudsman, “National Employment Standards”. Content last updated 7 October 2026. Retrieved 9 October 2026: https://www.fairwork.gov.au/employment-conditions/national-employment-standards
3. Fair Work Ombudsman, “Information statements”. Content last updated 21 January 2026. Retrieved 9 October 2026: https://www.fairwork.gov.au/employment-conditions/information-statements
4. Fair Work Ombudsman, “Fixed term contract employees”. Content last updated 1 July 2026. Retrieved 9 October 2026: https://www.fairwork.gov.au/starting-employment/types-of-employees/fixed-term-contract-employees
5. Fair Work Ombudsman, “Part-time employees”. Content last updated 10 August 2026. Retrieved 9 October 2026: https://www.fairwork.gov.au/starting-employment/types-of-employees/part-time-employees
6. Fair Work Ombudsman, “Record-keeping”. Content last updated 28 August 2026. Retrieved 9 October 2026: https://www.fairwork.gov.au/pay-and-wages/paying-wages/record-keeping
7. Federal Register of Legislation, “Electronic Transactions Act 1999”. Compilation No. 4, compilation date 5 December 2025, section 10. Retrieved 9 October 2026: https://www.legislation.gov.au/C2004A00553/latest/text