Contact Us
offer of employment

Offer of Employment

Employment Contracts

19 June 2025 (Last updated 13 Jan 2026)

Share on:

Today’s recruitment market is fast-paced and more competitive than ever. When a business finds the perfect candidate for a vacant position, they often want to formalise an offer as quickly as possible. In many cases, they will use an offer of employment to immediately establish an agreement to hire a new employee. 

An employment offer is a brief way to convey essential information about a role to a candidate, helping them decide whether to formally accept a job.  

Crucially, an employment agreement covers the three important legal elements – offer, consideration and acceptance.

It is best practice for a letter of offer to be conditional upon the employee signing and returning an individual employment agreement within a specified period. In this case, only if the candidate signs and returns the employment agreement within the required time will the employment relationship come into effect.

However, if the offer is unconditional, once it is signed by the candidate and returned to the employer, the offer letter becomes contractually binding. 

What Information Should an Offer of Employment Include? 

An offer of employment letter should include all the information a candidate needs to either accept or decline a job offer. While it will not be as detailed as an employment agreement, it will likely include: 

  • Position title 
  • Agreed salary 
  • Other benefits
  • Start date 
  • Full-time or part-time  
  • Expected hours
  • Trial period provisions should be pointed out
  • Any conditions of the offer – e.g. the offer is conditional upon a clear criminal convictions check.

The letter should also specify a deadline for the candidate to respond to the offer of employment. As mentioned, it is advisable that the offer is conditional upon the employee accepting and signing the contract of employment within a certain time. Finally, it is important to note within the offer that once the employment agreement has been signed, the candidate’s status as a new employee is official. 

How is an Offer of Employment Sent? 

It is common for an offer of employment to be sent as an attachment in an email. You might have a conversation with the candidate to negotiate the terms of a role. However, once the negotiation is complete and an offer of employment is made during a telephone call or face-to-face conversation, this offer becomes legally binding but may not be easy for the employee to prove if this is disputed.  

You should always make formal offers of employment in writing and keep a signed copy of the letter and employment agreement in the new employee’s documentation.  

What are the Next Steps for Employers? 

Most importantly, be prepared to answer any questions the candidate might have after the offer has been sent. The candidate may need clarity on some terms to make an informed decision. If you are slow to respond to any enquiries, this could sway them into declining the offer. 

What is the Difference Between an Offer of Employment and an Employment Agreement?

While an offer of employment will normally be short and congratulatory in tone, an employment agreement will be formal and carefully worded.

An employment agreement is usually several pages long, containing clauses covering everything from compensation to notice periods. Typically, the agreement will be sent with the offer of employment and candidates are asked to sign both to indicate acceptance of a role.

Can an Offer of Employment Substitute an Employment Agreement?

An offer of employment should never substitute an employment agreement. Having an employment agreement in place is essential because:

  • It clarifies all the terms and conditions for both the employee and employer
  • It allows either party to refer to the relevant clause in the agreement if any disputes arise
  • It avoids disputes arising in the first place, since both parties are fully aware of their rights and obligations

As well as being a legal requirement, employment agreements are also essential in laying the foundations for the long-term relationship between an employer and employee. 

If the new employee is a member of a union, they will be covered by any relevant collective employment agreements. 

Can an Employer Retract an Offer of Employment? 

An employer can retract an offer of employment if the candidate has not:

  • signed and returned an unconditional letter of offer
  • signed and returned an individual employment agreement where this is a condition of the offer
  • complied with any other conditions of the offer.

However, if the candidate has formally accepted the offer or where applicable, has complied with the conditions of the offer and the employer chooses to retract it, the business leaves itself open to the possibility of a personal grievance claim. 

Hiring and onboarding a new employee is a complicated process that’s surrounded by complex legislation. For any questions related to employee contracts, contact Peninsula’s FREE Initial Advice Line on 0800 234 036.

This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.

Have a question?

Have a question that hasn't been answered? Fill in the form below and one of our experts will contact you back.

By clicking submit you consent to our Privacy Policy

Related Guides

Employment Contracts

Entitlement to Work

There are thousands of foreign nationals living in Australia. Many arrive for studies and choose to stay on while some arrive with the purpose of migrating permanently. In most of these cases, the individual will need to find employment in Australia. These individuals will need to have the right to work in Australia. The right to work will depend on the visa and its duration and other supporting conditions. As an employer or a business owner, any employee you recruit must have the right and entitlement to work. The right to work is related to the documents employees can provide, thus acting as evidence of entitlement. Remember that as business owners, you are liable if you knowingly employ an illegal worker, knowing they are not an Australian or New Zealand citizen and are working without a visa, or in breach of their visa conditions. Before we review the documents required, let’s go through the eligibility of different people in Australia. Eligibility and the right to work in Australia Australian citizens Australian citizens have no restrictions placed on them working in Australia. However, a citizen may have their working rights restricted due to other factors, e.g. criminal history. New Zealand citizens New Zealand citizens do not need to apply for a visa to work in Australia but will usually receive a temporary one when they arrive that allows them to visit, study stay and work in Australia. Some restrictions apply. Permanent residents Like Australian citizens, permanent residents have no restrictions placed on them working in Australia. A permanent resident, again like Australian citizens, may have their working rights restricted due to other factors, e.g. criminal history. Non-citizens with a valid visa Whether or not a prospective or current employee can work in Australia will depend on the conditions of the visa they hold. Further, their visa may restrict the type and hours per week of work they can undertake. There are many different visas in Australia that provide a person with a right to work in Australia. Peninsula recommends you speak to a migration lawyer or agent to find out more about immigration legislation. It is your duty and obligation as an employer to ensure your employees are eligible to work in Australia. For instance, you can use the Australian government department of home affairs website which offers a Visa Entitlement Verification Online (VEVO) service to check the status of a current or prospective employee’s visa, which will tell you if they are allowed to work and any working conditions that apply. You need to make sure the employee has a valid working visa the entire time that work for you, so check it regularly, especially if their circumstances change. Types of documents considered as proof Each of the following are considered acceptable documentation that allows a person to work in Australia: Australian birth certificate. Australian citizenship certificate. Australian or New Zealand passport. Evidence of permanent residence (ie. overseas passport with VEVO check). Certificate of Status for New Zealand Citizens in Australia and photo identification. Valid visa with permission to work (not all visas allow people to work). Obtain certified copies of any original, acceptable documents or have the original documents certified by someone authorised, like a Justice of the Peace (JP). These should always be on the employee file and be updated if needed or if their circumstances change. Are there any other supporting documentation employers can accept? If the employee provides acceptable documentation but it is not an Australian government-issued form of photo identification, you can ask the employee to provide the following Australian-issued supporting documentation as proof of identity: Driver’s license. Medicare card. Enrolment to vote in Australian state or federal election. Tax File Number (TFN). References from previous employers and employment agencies. Tenancy agreements or home ownership details. Tertiary qualifications and trade certificate. Change of name certificates. These documents alone do not allow a person to legally work in Australia. They must only serve as supporting documentation along with any of the documents mentioned in the Proof of Right to Work section. Otherwise, they will still be considered an illegal worker in Australia. Right to work checks A Right to Work Check is as the name suggests, a check to ensure the employee in question is legally authorised to do their respective job. The check is a very crucial part of employment as an employer can face infringements or civil penalties if they allow an individual to work without the necessary entitlements. Ignorance of the employee’s legal status is not an excuse for employers. A Right to Work Check is beneficial for employees too as it stipulates that all minimum wage, working conditions and fair treatment are applicable to them. The information in the above article has been compiled on the basis of general information current at the time of publication. Please note that the contents of this article and website and any information provided by our Fair Work Help Line do not constitute legal advice and are not intended to be a substitute for legal or other professional advice and should not be relied upon as such. Your specific circumstances or changes in circumstances after publication may affect the completeness or accuracy of this information. You should seek legal advice or other professional advice in relation to any particular matters you or your organisation may have. To the maximum extent permitted by law, we disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, currency and reliability of the information on this website, and to seek professional advice where necessary. Nothing contained on this website is to be interpreted as a recommendation to use any product, process or formulation or any information on this website. For clarity, Peninsula does not recommend any material, products or services of any third parties.

Employment Contracts

Falsifying Documents

Being an employer means you have to deal with several things constantly. This includes managing employees, looking after their health and safety, and keeping on top of your obligations. You also need to be on the lookout for any issues or challenges that may appear during managing employees. This can be performance management, probation or even something serious such as falsifying documents. In this guide for employers, we explain what is falsifying documents, the legislation around it, your responsibilities as an employer, and how Peninsula can help you. Please note that the information is general and not intended to replace advice. If you need help understanding aspects of falsifying documents, please consult a professional. Falsifying documents Falsifying documents is when employees make a document appear to be genuine. Falsifying a document can include tampering with it, altering it, or modifying it without permission or authorisation to do so. Employees may falsify documents to get more overtime, increase their bonus, or to get higher expense claims. They may alter timecards (or time clocks) to change their working hours or tamper with financial documents, inventory records or sales targets. Employees can also falsify documents such as resumes to be considered as a potential candidate by recruiters. Some examples of falsifying documents include: Altering the date of a medical certificate to make a worker’s compensation claim. Altering the driver’s license as proof of their age to enter an establishment. Have in possession a passport which indicated their photograph but a different name. Sometimes employers will falsify records and documents to make their company look more attractive, for example, to lenders. In some cases, an employee has been forced to falsify records under duress from others in the company. Offence of possession of falsified documents Falsification of document offences covers the creation, production of copies, or use of a copied or original falsified document. They can also be charged with this offence if they had in possession of a falsified document and had intended to use the falsified document. Each offence requires that the accused intended to convince someone that the falsified document was genuine and that the convinced person would do, or not do, something because they accepted the document as genuine. Penalties for falsifying documents Making false representations on the truthfulness of the contents can have serious consequences. There are penalties that the Court can impose for this charge: Imprisonment. Community Corrections Orders. Fine. Adjourned Undertaking. Discharge. Dismissal. Workplace policies As an employer you should have a policy to handle and manage claims of falsifying documents at the workplace. This policy should be written and clearly communicated with all employees. Clearly explain the potential consequences of falsifying documents in your employee handbook, including potential ramifications for their employment. The ramifications can include warnings, disciplinary action, or dismissal. This process should be laid out carefully and clearly in the handbook and updated when necessary. It should explain the types of documents in question and what is considered as falsifying. If an employee does falsify documents and you would like to address that conduct, make sure you always follow proper procedures. Implement effective policies with Peninsula Running a business involves managing multiple obligations and keeping track of your employees and their entitlements. We know business owners and employers have a lot to manage and that's where we step in. Peninsula offers customised documents, resources, and support that is specific to your business and industry. Contact us to learn more.

Employment Contracts
View all guides

Do you have any questions regarding Employment Contracts?

International Sites

United Kingdom

Republic of Ireland

Northern Ireland

Scotland

Canada

Australia

© 2026 Peninsula Employment Services Ltd. Registered Office: 8 Tangihua Street, Auckland CBD 1010

Peninsula Protect is a discretionary risk product issued by Peninsula Mutual Limited ACN 630 256 478 AFS Licence No. 544232. Peninsula Mutual Limited has appointed Peninsula Group NZ Limited NZBN 9429042175179 to distribute the discretionary risk product in New Zealand. To decide if this product is right for you, please read the Peninsula Protect Product Disclosure Statement (PDS) and Target Market Determination.