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Free Contractor Agreement Template Australia
Free independent contractor agreement template for Australian businesses and freelancers. Covers scope, IP ownership, payment, and termination. Download instantly.
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No account required · Instant download · Updated for 2025
Why a written contractor agreement matters in Australia
Australia has strict 'sham contracting' laws. The Fair Work Act 2009 prohibits businesses from misrepresenting an employment relationship as an independent contractor arrangement. A clear, written contractor agreement — combined with a genuinely independent working relationship — is your best protection.
Key clauses in an Australian contractor agreement
A robust contractor agreement should cover: scope of services and deliverables, fees and payment schedule, GST (contractor's ABN and whether amounts are GST-inclusive), IP ownership and assignment, confidentiality, termination rights (with and without cause), and dispute resolution.
GST and ABN requirements for contractors
Australian contractors who are registered for GST must include their ABN on invoices and charge 10% GST on taxable supplies. If a contractor does not provide an ABN, the engaging business must withhold 47% from payments under the no-ABN withholding rules.
How to use this template
Click 'Generate Contractor Agreement' above. Enter details about both parties, the services being provided, payment terms, and IP arrangements. Download your completed agreement as PDF or plain text.
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Frequently Asked Questions
What is the difference between an employee and a contractor in Australia?
The ATO and courts look at multiple factors: whether the worker operates their own business, whether they can subcontract, who supplies tools, whether there is a right to control how work is done, and whether there is a risk of profit or loss. A contractor agreement alone does not determine employment status — the actual working arrangement matters.
Does a contractor agreement need to be in writing in Australia?
Technically, verbal contractor agreements can be binding, but written agreements are strongly recommended. They clearly set out each party's obligations, protect IP ownership, define payment terms, and reduce the risk of disputes or sham contracting allegations.
Who owns IP created by a contractor in Australia?
Unlike employment, there is no automatic transfer of IP to the engaging party for contractor work. Under the Copyright Act 1968, the contractor typically retains copyright unless the agreement expressly assigns ownership to the client. Always include an IP assignment clause.